Same-sex marriage in Jersey

Not to be confused with Same-sex marriage in New Jersey.

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been legal in Jersey since 1 July 2018. The States Assembly passed a bill allowing same-sex couples to marry on 1 February 2018. Royal assent was granted on 23 May 2018, and the law took effect on 1 July. Jersey followed the other Crown Dependencies of the United Kingdom in legalising same-sex marriage, after the Isle of Man in 2016 and Guernsey (excluding Alderney and Sark) in 2017.

Civil partnerships providing a subset of the rights and benefits of marriage have also been available for same-sex couples since 2012. A bill for legalisation received royal assent on 14 December 2011 and was registered in the Royal Court on 6 January 2012. It took effect on 2 April 2012.

Civil partnerships

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

In August 2009, Chief Minister Terry Le Sueur announced that a bill to allow civil partnerships (Jèrriais: parchonn'nie civile,[1] pronounced [parʃõnːi sivil]; French: partenariat enregistré, pronounced [paʁtənaʁja ɑ̃ʁəʒistʁe]) offering same-sex couples some of the rights and benefits of marriage, would be drafted and be due for introduction to the Assembly of the States Assembly in October 2009.[2][3]

On 20 October 2009, the Assembly voted in favour of civil partnerships "in principle". The vote was 48 in favour, 1 against and 4 abstaining.[4][5][6] A draft bill legalising civil partnerships was approved by the Council of Ministers on 24 March 2011 and introduced to the Assembly on 31 May.[7][8] The Assembly passed it on 12 July 2011.[9][10] On 14 December 2011, the bill received royal assent and was registered in the Royal Court on 6 January 2012.[11][12] In March 2012, the Government of Jersey issued orders implementing the law,[13] which took effect on 2 April 2012.[14][15][16][17][18][19][20][21][22][23]

In March 2022, the States Assembly passed a bill allowing opposite-sex couples to enter into civil partnerships as well. It would also allow married couples to convert their marriage into a civil partnership. The law entered into force on 24 March 2023.[24][25] Civil partnerships were similarly extended to opposite-sex couples in the United Kingdom in 2019.

Same-sex marriage

Legislative action

On 28 May 2014, Deputy Sam Mézec of the Reform Jersey party submitted a proposition asking the States Assembly to support, in principle, the legalisation of same-sex marriage, and to request the Chief Minister to prepare the necessary draft legislation to give effect to the proposal.[26][27][28] On 8 July 2014, the Assembly voted for an amendment to the proposal, introduced by Senator Ian Le Marquand, to request the Chief Minister to present a detailed study into the effects of allowing same-sex marriage by 31 December 2014. The amendment was passed by 24 votes to 18 and the amended proposition by 39 to 1.[29][30][31][32]

On 26 November 2014, Chief Minister Ian Gorst submitted a report, which included a commitment to introduce legislation allowing same-sex couples to marry in civil and religious ceremonies by the end of 2017, and to create safeguards for religious organisations and officials who do not wish to conduct same-sex marriages, among others.[33][34][35][36] On 14 July 2015, the Chief Minister submitted a proposition to ask the States to decide whether they agree, in principle, that same-sex couples should be allowed to marry and to request that the draft legislation necessary to implement it be introduced for approval by the States no later than January 2017.[37][38][39] It was approved by the Assembly on 22 September 2015, 37 to 4.[40][41][42]

22 September 2015 vote in the States of Jersey[43]
Political affiliation Voted for Voted against Abstained Absent (Did not vote)
  Independent (Senators)
7
 – –
1
  Independent (Connétables)
7
2
  • Philip Le Sueur
  • Michel Le Troquer
1
  • Christopher Taylor
2
  • Sadie Le Sueur-Rennard
  • John Refault
  Independent (Deputies)
20
2
  • Andrew Lewis
  • Richard Renouf
 –
4
  Reform Jersey (Deputies)
3
 – – –
Total 37 4 1 7
75.5% 8.2% 2.0% 14.3%

On 14 March 2017, following an oral question by Deputy Mézec, the Chief Minister stated that the bill would be lodged in anticipation for debate in the summer of 2017 and would come into force by December of the same year.[44][45][46] However, on 8 September 2017, the Chief Minister said that the bill would be delayed and that it would not be in force until at least spring 2018.[47][48] A draft same-sex marriage bill was eventually introduced to the States Assembly on 3 October 2017.[49][50] The States debated the bill on 16 November 2017 and agreed to its principles but sent it for further review to the Corporate Services Scrutiny Panel.[51][52][53][54] The panel's report was presented to the States on 29 January 2018.[55] Controversially, the report included a recommendation asking the States to approve a "tolerance clause" in the bill, which would have allowed traders to refuse to serve same-sex couples goods and services in accordance with their religious beliefs.[55][56][57]

The "tolerance clause" was strenuously opposed by equality and diversity campaigners in Jersey. The equality charity Liberate organised an online petition that received over 5,000 signatures opposing the inclusion of the clause. The charity gathered key support from members of church groups and wedding suppliers opposing the clause.[58][59][60][61]

A final vote on the bill by the States occurred on 1 February 2018, where it passed 42–1.[62][63] The tolerance clause amendment was rejected by a vote of 40–5.[62][64] The bill was granted royal assent in the Privy Council on 23 May 2018 and registered in the Royal Court on 1 June.[65][66] On 26 June, the States approved a proposition to commence the law on 1 July 2018.[67][68][69][70][71] The first same-sex marriage was performed on 9 July 2018 in St Helier between Neil Renouf and John Cronin.[72][73]

1 February 2018 vote in the States of Jersey[74]
Political affiliation Voted for Voted against Abstained Absent (Did not vote)
  Independent (Senators)
6
 –
1
1
  Independent (Connétables)
10
  • Simon Crowcroft
  • John Le Maistre
  • Philip Le Sueur
  • Sadie Le Sueur-Rennard
  • Deidre Mezbourian
  • Leonard Norman
  • Michael Paddock
  • Stephen Pallett
  • John Refault
  • Christopher Taylor
1
  • Michel Le Troquer
 –
1
  • Juliette Gallichan
  Independent (Deputies)
23
 – –
3
  Reform Jersey (Deputies)
3
 – – –
Total 42 1 1 5
85.7% 2.0% 2.0% 10.2%

Jersey law defines "same sex marriage" as "the marriage of 2 persons of the same sex and includes a marriage by conversion [from a civil partnership]".

Subsequent changes

In September 2023, the government announced its intention to introduce legislation granting automatic recognition to same-sex parents, allow both same-sex parents to be named on a Jersey birth certificate and afford parent status and responsibility to parents whose child was born to a surrogate mother.[75] A law was passed unanimously by the States in March 2024.[76] It received royal assent in the Privy Council on 2 October and was registered in the Royal Court on 11 October as the Children and Civil Status (Amendments) (Jersey) Law 2024.[77]

Statistics

In 2021, Statistics Jersey estimated that 0.2% of the adult Jersey population were in same-sex marriages.[78]

Religious performance

On 15 November 2023, the General Synod of the Church of England voted to allow clergy to bless same-sex marriages. The measure, which passed with a one vote majority, took effect on 17 December 2023.[79][80] Jersey is part of the Diocese of Salisbury, whose bishop, Stephen Lake, voted in favour of blessing same-sex unions.[81]

The Methodist Church of Great Britain has allowed its ministers to conduct same-sex marriages since 2021. The Methodist Conference voted 254 to 46 in favour of the move in June 2021. A freedom of conscience clause allows ministers with objections to opt out of performing same-sex weddings.[82][83] The smaller United Reformed Church has allowed its churches to perform same-sex marriages since 2016.[84] Quakers formally expressed support for same-sex marriage in 2009.[85]

See also

References

  1. ^ "Les Parchonn'nies Civiles". Société Jersiaise (in Norman). Archived from the original on 4 February 2023.
  2. ^ "Jersey States to propose Civil Partnerships"[usurped], International Finance Centre, 2 September 2009
  3. ^ "Legal rights for same sex couples", BBC News, 3 September 2009
  4. ^ "Jersey votes to allow civil partnerships". 20 October 2009. Retrieved 1 February 2018.
  5. ^ "New rights for homosexual couples". 20 October 2009. Retrieved 1 February 2018 – via news.bbc.co.uk.
  6. ^ "Thisisjersey.com". www.thisisjersey.com. Archived from the original on 4 February 2013. Retrieved 1 February 2018.
  7. ^ "WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY J.M. MAÇON OF ST. SAVIOUR – ANSWER TO BE TABLED ON TUESDAY 3rd MAY 2011" (PDF). Retrieved 1 February 2018.
  8. ^ DRAFT CIVIL PARTNERSHIP (JERSEY) LAW 201
  9. ^ "States backs civil partnerships". BBC News. 12 July 2011. Retrieved 1 February 2018.
  10. ^ Jersey, States of (20 November 2011). "Votes". Retrieved 1 February 2018.
  11. ^ "Jersey's religious civil partnership rules near implementation". 13 January 2012. Retrieved 1 February 2018.
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  13. ^ "Jersey gets civil partnership law". BBC News. 2 April 2012. Retrieved 1 February 2018.
  14. ^ "Civil Partners Causes Rules 2012". Retrieved 1 February 2018.
  15. ^ "Inquests and Post-Mortem Examinations (Amendment No. 8) Rules 2012". Retrieved 1 February 2018.
  16. ^ "Adoption (Amendment No. 3) Rules 2012". Archived from the original on 3 March 2016. Retrieved 1 February 2018.
  17. ^ "Royal Court (Amendment No. 14) Rules 2012". Retrieved 1 February 2018.
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  19. ^ "Civil Partnership (Jersey) Law 2012 (Appointed Day) Act 2012". Retrieved 1 February 2018.
  20. ^ "Civil Partnership (Approved Premises) (Jersey) Order 2012". Retrieved 1 February 2018.
  21. ^ "Civil Partnership (Forms, Registration and Fees) (Jersey) Order 2012". Retrieved 1 February 2018.
  22. ^ "Marriage and Civil Status (Approved Premises) (Amendment) (Jersey) Order 2012". Archived from the original on 3 March 2016. Retrieved 1 February 2018.
  23. ^ "Marriage and Civil Status (Forms, Registration and Fees) (Amendment No. 5) (Jersey) Order 2012". Retrieved 1 February 2018.
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  33. ^ EQUAL MARRIAGE AND PARTNERSHIP: OPTIONS PAPER REPORT – NOVEMBER 2014
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