LGBT rights in Bermuda
| LGBT rights in Bermuda | |
|---|---|
|
|
| Same-sex sexual activity legal? | Legal since 1994, age of consent not equalised |
| Gender identity/expression | No recognition of gender identity (see below) |
| Military service | Allowed (see below) |
| Discrimination protections | Sexual orientation protections (see below) |
| Family rights | |
| Recognition of relationships |
No recognition of same-sex couples |
| Adoption | Yes since 2015 |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Bermuda face legal challenges not experienced by non-LGBT persons. Homosexuality is legal in Bermuda, but the country has long held a reputation for being anti-gay. It is illegal to discriminate on the basis of sexual orientation in Bermuda, but not on the basis of gender identity.
Prior to 1994, gay male sexual conduct were punishable by up to ten years imprisonment. Following the passing of the Stubbs Bill in that year, gay male sexual conduct was legalised in Bermuda, but with a higher age of consent for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct.
There is no legal recognition of "gender identity", and thus, by omission, no protection from discrimination. The ability of persons to express their gender identity is often difficult; for example, in 2006, the government attempted to ban Mark Anderson, also known as the drag queen "Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local mores and sensitivities. In mid-2009 it was announced that gay Bermudians would be participating in Pride London, with an estimated 30 LGBT London residents from Bermuda marching, and that it hoped to follow in Anderson's footsteps and participate in a future Bermuda Day parade; gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families.
There is no official recognition of same-sex couples. Bermuda leaders in the past have rejected proposals to legalise same-sex marriage, however the Supreme Court of Bermuda has been responsible for allowing bi-national same-sex partners equal rights in employment and benefits as all other spouses in Bermuda. The court is currently deliberating on a case brought by a male same-sex couple, who had their application for a marriage license denied in July 2016. A ruling in the case is expected in the first half of 2017.
A non-binding referendum on same-sex marriage was held in Bermuda on 23 June 2016. Voters were asked two questions; whether they were in favour of same-sex marriages and whether they are in favour of same-sex civil unions. Both proposals were rejected by 60–70% of voters, though the referendum was invalid as less than 50% of eligible voters turned out.
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