Guernsey recognises same-sex marriages performed abroad for some purposes. A bill to allow same-sex couples to marry in the territory was approved by the States on 21 September 2016 and received royal assent on 14 December 2016. It was registered in the record of the island on 16 January 2017 and is expected to come into force on 2 May 2017. However, the same-sex marriage legislation does not apply to the whole Bailiwick, only to Guernsey. Alderney recognises same-sex marriages performed abroad for some purposes and Sark does not recognise or perform same-sex marriages.
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Recognition of abroad civil partnership and same-sex marriage
In Guernsey, civil partnerships performed in the United Kingdom and other relationships treated as such by UK law have been recognised for succession purposes in inheritance and other matters respecting interests in property since 2 April 2012, after approval of a bill allowing such recognition by the States of Guernsey on 29 June 2011. It received royal assent in the Privy Council on 16 November and was registered on the records of the island on 5 December 2011.
On 10 December 2015, the States approved an ordinance to recognise same-sex marriages and civil partnerships performed abroad for the purposes of the Income Tax (Guernsey) Law, 1975. It took effect on 1 January 2017. On the same day, the States directed the preparation of the legislation to amend the Inheritance (Guernsey) Law, 2011 to recognise abroad same-sex marriages for its purposes. The bill to this effect was submitted on 22 January 2016, and approved by the States on 2 March. It received royal assent in the Privy Council on 4 May and took effect upon registration on the records of the island on 16 May 2016.
On 17 June 2015, the States of Alderney unanimously approved the Inheritance (Alderney) Law, 2015, which include provisions to recognise same-sex marriages and civil partnerships performed abroad for its purposes. It received royal assent in the Privy Council on 8 October, was registered on the records of the island on 9 November 2015, and took effect on 1 January 2016.
Same-sex marriage
In January 2014, it was announced that within the next twelve months Deputies would debate whether to accept a state-recognised civil union proposal. The proposed law, titled Union Civile, was said to be "the most forward-looking marriage law" in the world. The measure would end state-sanctioned marriages of any couple and instead replace it with Union Civile. A consultation on the proposed Union Civile law began on 1 June 2015 and lasted until 13 July 2015. The proposed law would not apply to the entire bailiwick, but just to the islands of Guernsey, Herm, Jethou and Lihou. On 14 July 2015, the results of the consultation indicated that over 1,600 responses had been filed with the majority supporting the introduction of a same-sex marriage law rather than a partnership law.
On 30 October 2015, the Policy Council of Guernsey dropped the Union Civile plans and released a report asking the States to agree on introducing a same-sex marriage law and to direct the preparation of legislation to implement it at its meeting on 9 December 2015. The States approved the proposal on 10 December 2015, in a 37–7 vote. Amendments to introduce civil partnerships or Union Civile rather than same-sex marriage were rejected.
a. Both deputies are appointed by the States of Alderney.In February 2016, a working group, which consisted of Chief Minister Jonathan Le Tocq and Deputies Elis Bebb and Chris Green, was established in order to prepare a draft bill. A same-sex marriage bill was approved by the States, in a 33-5 vote, on 21 September.
a. Both deputies are appointed by the States of Alderney.The Same-Sex Marriage (Guernsey) Law, 2016 received royal assent in the Privy Council on 14 December 2016. It was registered in the records of the island on 16 January 2017 and awaits commencement. On 21 February 2017, the government announced that the law would take effect on 2 May, if the ordinancies to commence it and make the necessary changes to other laws are approved by the States at its meeting on 26 April.
Alderney
Alderney, one of the two additional Channel Islands which make up the Bailiwick of Guernsey, enjoys full autonomy in most legal matters (except foreign affairs and powers it has previously transferred to the States of Guernsey). The States of Alderney is the island's legislature, which has not yet legalised same-sex marriage.
On 21 February 2017, the State's Policy and Finance Committee approved the Chief Executive's proposal to draft a bill to legalise same-sex marriage in the island.
Sark
Sark is the other Channel Island which forms the Bailiwick of Guernsey. Like Alderney, it enjoys legislative autonomy and laws passed by the States of Guernsey cannot be applied to Sark without approval of the Sark legislature (known as the Chief Pleas). Same-sex marriage is not yet legal in Sark.