LGBT rights in Bermuda
Encyclopedia
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, and discrimination on the grounds of sexuality and gender identity is also legal.
for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct.
"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.
s, much less same-sex marriage
, would not be considered.
Socially, the situation is hard enough that some gay residents have chosen to emigrate, particularly to London
in the United Kingdom
(of which Bermudians are citizens), in order to be able to openly be in same-sex relationships. One such emigrant noted that gay relationships have to essentially be secret, with partners introduced only as "friends" and relationships between two Bermudians as being very difficult.
An opinion poll
in July 2010 showed only 27% in favour of same-sex marriage and 51% against.
does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style conscription
. Officially, members of the Regiment are prohibited from discriminating against or harassing gay soldiers; such activities, however, are tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".
that the government change this. In late 2004, the Government of Bermuda promised to amend the Human Rights Act to cover sexual orientation,—but by late 2005 the matter appeared to have been quietly dropped, until the following year. In 2006, an amendment to the Human Rights Act was proposed in the House of Assembly of Bermuda
, but the Parliament of Bermuda
refused to even discuss the issue. In April 2007 an activist group called "Two Words and a Comma" was formed to pressure the government of Bermuda into amending the act. Following his sudden resignation from Cabinet
in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended Human Rights Bill in Fall 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to re-table to do so; Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans. In November of that year, following a mention in the annual speech from the throne
that the Human Rights Act was to be amended, a rumour circulated that this would include protection for gays. Premier Brown's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation.
Bermudians have tried to appeal to the Parliament of the United Kingdom
regarding LGBT discrimination, prompting the Foreign Affairs Committee to recommend that the British government should take steps to extend human rights in the British overseas territories (BOT), for which the UK is ultimately responsible. Bermuda's human rights in general do not have a favourable reputation; In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the Commonwealth Foundation
.
, with the support of Premier
and Minister of Tourism and Transportation Dr. Ewart Brown
, considered making Bermuda one of its destinations, seemingly oblivious to the previous year's events. A close ally of Brown, Andre Curtis, who ran a controversial "Faith-Based Tourism" initiative for the Premier, opposed the visit, organising some eighty churches into an interfaith group called "United by Faith" to protest the planned trip alongside the country's African Methodist Episcopal churches. R Family decided to change the itinerary to replace Bermuda with two stops in Florida
and a private island. Kaminsky stated Ironically, Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips — albeit on a smaller and much quieter scale — to the country since 1990, without incident.
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
persons. Homosexuality is legal in Bermuda
Bermuda
Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...
, but the country has long held a reputation for being anti-gay, and discrimination on the grounds of sexuality and gender identity is also legal.
Law regarding same-sex sexual activity
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 consentAge of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
for gay male sexual conduct at 18, than the age of consent of 16 for heterosexual and lesbian sexual conduct.
Gender identity/expression
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 queenDrag queen
A drag queen is a man who dresses, and usually acts, like a caricature woman often for the purpose of entertaining. There are many kinds of drag artists and they vary greatly, from professionals who have starred in films to people who just try it once. Drag queens also vary by class and culture and...
"Queen of Bermuda" Sybil, from participating in a parade, stating that he contradicted local mores
Mores
Mores, in sociology, are any given society's particular norms, virtues, or values. The word mores is a plurale tantum term borrowed from Latin, which has been used in the English language since the 1890s....
and sensitivities. In mid-2009 it was announced that gay Bermudians would be participating in Pride London
Pride London
Pride London is the name of the lesbian, gay, bisexual, and transgender registered charity which arranges LGBT events in London, most notably the annual gay pride parade which is held in June/July. The most recent Pride London was on 2 July 2011. The 2010 event was attended by 1 million people,...
, 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
Bermuda Day
Bermuda Day is a public holiday in the islands of Bermuda. Like certain other public holidays, it is always celebrated on May 24, or the weekday nearest May 24 if that date falls on the weekend....
parade; gay Bermudians doubted, however, that there would be large-scale participation due to fears of repercussions against their families.
Recognition of same-sex relationships
There is no official recognition of same-sex couples. In 2004, the government made it clear that same-sex civil unionCivil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s, much less same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, would not be considered.
Socially, the situation is hard enough that some gay residents have chosen to emigrate, particularly to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
(of which Bermudians are citizens), in order to be able to openly be in same-sex relationships. One such emigrant noted that gay relationships have to essentially be secret, with partners introduced only as "friends" and relationships between two Bermudians as being very difficult.
An opinion poll
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...
in July 2010 showed only 27% in favour of same-sex marriage and 51% against.
Military service
The Bermuda RegimentBermuda Regiment
The Bermuda Regiment is the home defence unit of the British Overseas Territory of Bermuda. It is a single territorial infantry battalion that was formed by the amalgamation in 1965 of two originally voluntary units, the all white Bermuda Volunteer Rifle Corps and the mostly black Bermuda Militia...
does not discriminate on grounds of sexual orientation, as it is formed by random lottery-style conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
. Officially, members of the Regiment are prohibited from discriminating against or harassing gay soldiers; such activities, however, are tolerated by officers, to the extent that one conscript described the Regiment as "the most homophobic environment that exists".
Discrimination protections
Discrimination on the grounds of sexual orientation is legal; despite repeated recommendations by Bermuda's Human Rights CommissionHuman rights commission
A Human Rights Commission is a body set up to investigate, promote or protect human rights.The term may refer to international, national or subnational bodies set up for this purpose, such as national human rights institutions or truth and reconciliation commissions.-International Human Rights...
that the government change this. In late 2004, the Government of Bermuda promised to amend the Human Rights Act to cover sexual orientation,—but by late 2005 the matter appeared to have been quietly dropped, until the following year. In 2006, an amendment to the Human Rights Act was proposed in the House of Assembly of Bermuda
House of Assembly of Bermuda
The House of Assembly is the lower house of the Parliament of Bermuda. The house has 36 members, each elected for a five year term in a single seat constituencies....
, but the Parliament of Bermuda
Parliament of Bermuda
Parliament has two chambers. Originally, there was only one, the House of Assembly, which held its first session in 1620, making Bermuda's Parliament amongst the World's oldest legislatures. An appointed Privy Council originally performed roles similar to that of an upper house, and of a cabinet...
refused to even discuss the issue. In April 2007 an activist group called "Two Words and a Comma" was formed to pressure the government of Bermuda into amending the act. Following his sudden resignation from Cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
in 2009, former Culture Minister Dale Butler raised the issue of the amendment, saying that he had intended to table an amended Human Rights Bill in Fall 2009, but that it was now the responsibility of new Culture Minister Neletha Butterfield to re-table to do so; Butterfield responded that she was still being apprised of the workings of the Ministry and so could not comment on future plans. In November of that year, following a mention in the annual speech from the throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
that the Human Rights Act was to be amended, a rumour circulated that this would include protection for gays. Premier Brown's press secretary appeared to confirm the rumour, but it was refuted by both the Human Rights Commission and Minister Butterfield, who commented that a sexual orientation clause was still under investigation.
Bermudians have tried to appeal to the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
regarding LGBT discrimination, prompting the Foreign Affairs Committee to recommend that the British government should take steps to extend human rights in the British overseas territories (BOT), for which the UK is ultimately responsible. Bermuda's human rights in general do not have a favourable reputation; In mid-2008, Bermuda was the only BOT to refuse to join a four-year human rights initiative organised by the Commonwealth Foundation
Commonwealth Foundation
The Commonwealth Foundation is an intergovernmental organisation that was established by the Commonwealth Heads of Government in 1965, the same year as its sister organisation, the Commonwealth Secretariat...
.
Tourism
Tourism is a significant aspect of Bermuda's economy. In 2007, LGBT R Family VacationsR Family Vacations
R Family Vacations is a LGBT vacation entertainment company that provides luxury cruise ship trips with a focus on inclusive activities for children and services including same-sex marriage ceremonies.-History:...
, with the support of Premier
Premier
Premier is a title for the head of government in some countries and states.-Examples by country:In many nations, "premier" is used interchangeably with "prime minister"...
and Minister of Tourism and Transportation Dr. Ewart Brown
Ewart Brown
Ewart Frederick Brown, Jr. was Premier of Bermuda and leader of the Progressive Labour Party from 2006 and 2010. He served as Member of Parliament for the constituency of Warwick South Central for 17 years until his retirement from politics in October 2010.Brown was elected leader of the ruling...
, considered making Bermuda one of its destinations, seemingly oblivious to the previous year's events. A close ally of Brown, Andre Curtis, who ran a controversial "Faith-Based Tourism" initiative for the Premier, opposed the visit, organising some eighty churches into an interfaith group called "United by Faith" to protest the planned trip alongside the country's African Methodist Episcopal churches. R Family decided to change the itinerary to replace Bermuda with two stops in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
and a private island. Kaminsky stated Ironically, Bermuda has actually been the host of gay tourism for many years. The LGBT travel company Pied Piper, for example, has been organising trips — albeit on a smaller and much quieter scale — to the country since 1990, without incident.
See also
- Politics of BermudaPolitics of BermudaBermuda is a parliamentary representative democratic dependency. The Premier is the head of government, and there is a multi-party system.Bermuda is the oldest self-governing British Overseas Territory and has a great degree of internal autonomy. Its parliament held its first session in 1620,...
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
- LGBT rights by country or territory
External links
- Two Words and a Comma — political advocacy group for protection from discrimination on the grounds of sexual orientation