The legal status of same-sex unions differs within the British Overseas Territory of Saint Helena, Ascension and Tristan da Cunha. Same-sex marriage has been legal in Ascension Island since 1 January 2017. The two other parts of the territory, Saint Helena and Tristan da Cunha, do not recognise same-sex unions.
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Ascension Island
An ordinance allowing same-sex marriage was approved by the Ascension Island Council on 31 May 2016, in a 5–0 vote. It was signed by the Governor and published in the official gazette on 20 June. On 23 December 2016, the Governor issued an order to commence the law on 1 January 2017.
Saint Helena
On 27 April 2016, the Saint Helena Executive Council announced a public consultation on a draft of a new Marriage Ordinance, which, if approved, would allow same-sex couples to marry. The consultation lasted until 25 May. On 15 July, it was revealed that a majority of respondents was in favour of same-sex marriage. On 15 November, the Executive Council decided to allow the Marriage Bill 2016 to proceed to the Legislative Council on 9 December, after undergoing a number of technical issues addressed by the Attorney General.
On 12 December 2016 after a lengthy debate, the Saint Helena Legislative Council passed an amendment removing the provisions allowing same-sex marriage from the Bill. The entire Bill was then withdrawn.
In January 2017, a same-sex couple applied to get married in Saint Helena. The registrar was in the process of obtaining legal advice as to how to proceed (the existing 1851 marriage ordinance is unclear on same-sex marriage) when two members of the public filed caveats (objections) to the marriage notice. Subsequently, the registrar referred the issue to the Chief Justice for a decision. A preliminary hearing took place in the Supreme Court on 23 February 2017. The parties in the case were given until July 2017 to submit their arguments.
Tristan da Cunha
On 23 February 2017, after consultation with the Governor of Saint Helena, the Tristan da Cunha Island Council has agreed that a law to legalise same-sex marriage will go forward formally for adoption.