Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.
Legal history.
Background.
Same-sex sexual relations were previously prohibited in Mauritius under a colonial-era law. This law stipulated a penalty of five years' imprisonment for consensual, private sexual relations between people of the same sex. Although it was generally not enforced, instances were occasionally reported to the police, instilling fear in the LGBT community. It was struck down as unconstitutional by the Supreme Court of Mauritius in October 2023. Laws prohibiting discrimination on the basis of sexual orientation, and a more welcoming and accepting society relative to other African nations have cemented Mauritius as one of "Africa's most LGBT-friendly countries". Nevertheless, LGBT people report frequent discrimination and abuse in everyday life, particularly from family members. Media has reported that many LGBT people are forced into opposite-sex "corrective marriages".
Restrictions.
Marriage in Mauritius is governed by the Civil Code. The code does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "man" and "woman". The "Civil Status Act 1981" (; Mauritian Creole: ) further stipulates the requirements and application process for couples wishing to marry in either a civil marriage ceremony or a religious ceremony. Similarly, it does not contain an explicit definition of marriage and does not expressly ban same-sex marriages. Civil unions (, ; Mauritian Creole: ), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Mauritius. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others. In addition, a same-sex couple composed of a Mauritian and a foreign national, whose marriage was performed abroad in a country where same-sex marriage is legal, will not benefit from the same rights as a married heterosexual couple. The foreign spouse will not be able to receive a residence permit, whereas they would have benefited from one if they were of the opposite sex. In 2016, the Law Reform Commission announced it "was looking into" a case to legalise same-sex marriage.
The Constitution of Mauritius does not explicitly ban same-sex marriages, but prohibits discrimination on a variety of grounds including race, creed or sex. The Supreme Court held in 2023 in "Ah Seek v The State of Mauritius" that the category "sex" includes sexual orientation. However, the court did not rule whether this constitutional prohibition of discrimination guarantees same-sex couples the right to marry. In 2023, activists announced they would continue to campaign for social and legal changes for LGBT people, particularly with regard to "marriage equality and the recognition of transgender people".
Religious performance.
The Catholic Church, the largest Christian denomination in Mauritius, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published "Fiducia supplicans", a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.
References.
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