title: LGBT rights in Montserrat
text: # LGBT rights in Montserrat
  
  Part of a series on :
  
  LGBT rights in the United Kingdom :
  
  By location :
  
  United Kingdom Scotland Northern Ireland :
  
  Crown dependencies Guernsey Jersey Isle of Man :
  
  Overseas Territories Anguilla Akrotiri and Dhekelia Bermuda British Virgin Islands Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha Turks and Caicos Islands :
  
  Same-sex marriage by territory United Kingdom Scotland Northern Ireland Guernsey Jersey Isle of Man Akrotiri and Dhekelia Bermuda British Antarctic Territory British Indian Ocean Territory Cayman Islands Falkland Islands Gibraltar Pitcairn Islands Saint Helena, Ascension and Tristan da Cunha South Georgia and the South Sandwich Islands :
  
  Policy aspects :
  
  Sexual orientation
  
  Adoption
  
  Age of consent
  
  Blood donation
  
  Christian nation
  
  Civil partnership
  
  History of violence
  
  HIV/AIDS
  
  Military policy
  
  Same-sex marriage :
  
  Gender identity, sex and intersex
  
  Transgender rights
  
  Intersex rights
  
  NHS Gender Identity Development Service
  
  Gender Recognition Panel :
  
  Legislation :
  
  Criminality
  
  Buggery Act 1533
  
  Offences Against the Person Act 1828
  
  Offences Against the Person Act 1861
  
  Labouchere Amendment
  
  Wolfenden report
  
  Sexual Offences Act 1967
  
  Criminal Justice (Scotland) Act 1980
  
  Homosexual Offences Order 1982
  
  Section 28
  
  Criminal Justice and Public Order Act 1994
  
  Sexual Offences (Amendment) Act 2000
  
  Sexual Offences Act 2003
  
  Policing and Crime Act 2017
  
  Alan Turing law
  
  Merchant Shipping (Homosexual Conduct) Act 2017
  
  Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 :
  
  Protection and recognition
  
  Public Order Act 1986
  
  Sex Discrimination (Gender Reassignment) Regulations 1999
  
  Adoption and Children Act 2002
  
  Employment Equality (Sexual Orientation) Regulations 2003
  
  Civil Partnership Act 2004
  
  Gender Recognition Act 2004
  
  Equality Act 2006
  
  Equality Act (Sexual Orientation) Regulations 2007
  
  Criminal Justice and Immigration Act 2008
  
  Human Fertilisation and Embryology Act 2008
  
  Equality Act 2010
  
  Marriage (Same Sex Couples) Act 2013
  
  Marriage and Civil Partnership (Scotland) Act 2014
  
  Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
  
  Northern Ireland (Executive Formation etc) Act 2019 :
  
  Litigation
  
  Corbett v Corbett (1969)
  
  X v United Kingdom (1978)
  
  Dudgeon v United Kingdom (1981)
  
  R v Brown (1993)
  
  Sutherland v United Kingdom (1994)
  
  Smith and Grady v United Kingdom (1999)
  
  Goodwin & I v United Kingdom (2002)
  
  HJ and HT v Home Secretary (2010)
  
  National AIDS Trust v NHS Service Commissioning Board (2016) :
  
  Culture :
  
  By city
  
  Brighton
  
  Cardiff
  
  London
  
  Liverpool
  
  Leeds
  
  Manchester :
  
  Gay villages
  
  Birmingham Gay Village
  
  The Calls
  
  Canal Street (Manchester)
  
  Old Compton Street
  
  Pride Quarter, Liverpool
  
  Vauxhall :
  
  Gay male
  
  Polari
  
  Saunas
  
  Cruising :
  
  Organisations :
  
  LGBT advocacy & support
  
  Stonewall
  
  Hall–Carpenter Archives
  
  Black Gay Men's Advisory Group
  
  Akt
  
  Naz and Matt Foundation
  
  FFLAG
  
  LGBT Foundation
  
  LGBT Network
  
  Outright Scotland
  
  Switchboard (UK)
  
  NUS LGBT
  
  LGBT+ Liberal Democrats
  
  LGBT+ Conservatives
  
  LGBT+ Labour
  
  Labour Campaign for Trans Rights
  
  Mermaids
  
  Press for Change
  
  The Gender Trust :
  
  Pride events
  
  BiCon (UK)
  
  Big Gay Out
  
  Birmingham Pride
  
  Bourne Free
  
  Brighton Pride
  
  Bristol Pride
  
  Doncaster Pride
  
  GFest – gayWise LGBT Arts Festival
  
  Glasgay! Festival
  
  Homotopia (Liverpool)
  
  Leeds Pride
  
  Leicester Pride
  
  LGBT History Month
  
  BFI Flare: London LGBT Film Festival
  
  Manchester Pride
  
  Mr Gay UK
  
  Mr Gay Wales
  
  Northern Pride
  
  Nottinghamshire Pride
  
  Pride Cymru
  
  Pride Glasgow
  
  Pride in Hull
  
  Pride in Liverpool
  
  Pride in London
  
  Pride Scotia
  
  Reading Pride
  
  Swansea Pride
  
  Worthing Pride :
  
  Former groups
  
  OutRage!
  
  Campaign for Homosexual Equality
  
  Homosexual Law Reform Society
  
  Gay Liberation Front
  
  Gay Rights Working Party
  
  Order of Chaeronea :
  
  History :
  
  Topics
  
  Timeline
  
  List of politicians
  
  First LGBT officeholders
  
  Violence against LGBT people
  
  HIV/AIDS crisis
  
  Death penalty :
  
  Timeline 342 MSM activity made illegal 1533 Death penalty introduced for MSM activity 1543 Buggery Act extended to Wales 1828 Offences Against the Person Act 1828 1835 James Pratt and John Smith executed 1861 Death penalty for buggery abolished 1885 Labouchere Amendment introduced 1889 Cleveland Street scandal 1895 Oscar Wilde found guilty of gross indecency 1912 The Cave of the Golden Calf opens 1921 Plans to make lesbian activity illegal defeated 1936 Mark Weston transitions 1952 John Nott-Bower begins crackdown 1954 Pitt-Rivers, Montagu, Wildeblood imprisoned 1954 Alan Turing commits suicide 1957 Wolfenden report released 1967 MSM activity made legal (England & Wales) 1972 First British Gay Pride Rally 1976 Jeremy Thorpe resigns as Liberal leader 1981 MSM activity made legal (Scotland) 1981 First case of AIDS reported in the UK 1982 MSM activity made legal (NI) 1983 Gay men barred from donating blood 1984 Chris Smith elected as first openly gay MP 1987 Operation Spanner begins 1988 Section 28 comes into force 1989 Stonewall UK forms 1994 Age of consent for MSM becomes 18 1997 Angela Eagle becomes first openly lesbian MP 1998 Bolton 7 found guilty 1998 Lord Alli becomes first openly gay Lord 1999 Admiral Duncan bombing 2000 Gay men allowed in HM Armed Forces 2001 Age of consent equalised to 16 2001 MSM activity involving multiple men legal 2002 Same sex couples granted equal rights to adopt 2003 Section 28 repealed 2004 Civil partnerships introduced 2004 Gender Recognition Act 2004 2006 Discrimination made illegal 2008 Equalised access to IVF for lesbian couples 2008 Incitement to homophobic hatred made a crime 2009 Public apology to Alan Turing 2010 Equality Act 2010 2011 Gay men allowed to donate blood (1 yr deferral) 2013 Nikki Sinclaire becomes first openly trans MEP 2013 Marriage (Same Sex Couples) Act 2013 2014 First same-sex marriages take place 2016 MSM activity not grounds for military discharge 2017 Turing law implemented 2017 Blood donation deferral 3 months (excl. NI) 2019 MPs legislate for gay marriage in NI 2020 Gay marriage legal across UK, incl. NI 2020 Blood donation deferral 3 months (incl. NI) 2021 Blood donation deferral equalised :
  
  LGBT portal :
  
  vte :
  
  Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montserrat since 2001.
  
  ## Law regarding same-sex sexual activity
  
  Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000. According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.
  
  The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).
  
  As a British Overseas Territory, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlights a responsibility to ensure non-discrimination and equality.
  
  ## Recognition of same-sex relationships
  
  Same-sex marriage and civil unions are not legal in Montserrat. Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads:
  
      Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.
  
  ## Discrimination protections
  
  Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:
  
      The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
  
  ## Living conditions
  
  The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat, though several hotels welcome gay tourists and have non-discrimination policies.
  
  While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.
  
  ## Summary table
  
  | Same-sex sexual activity legal | (Since 2001) |
  | - | - |
  | Equal age of consent | (Pending) |
  | Anti-discrimination laws in employment | (Since 2010) |
  | Anti-discrimination laws in the provision of goods and services | (Since 2010) |
  | Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | (Since 2010) |
  | Same-sex marriages | |
  | Recognition of same-sex couples | |
  | Stepchild adoption by same-sex couples | |
  | Joint adoption by same-sex couples | |
  | LGBT people allowed to serve openly in the military | (Since 2000; responsibility of the United Kingdom) |
  | Right to change legal gender | |
  | Access to IVF for lesbians | |
  | Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well) |
  | MSMs allowed to donate blood | |
  