Same-sex marriage in the Isle of Man

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Same-sex marriage has been legal in the Isle of Man since 22 July 2016. Legislation to open marriage to same-sex couples passed the House of Keys on 8 March 2016 and the Legislative Council on 26 April. It received royal assent on 13 July and took effect on 22 July. The Isle of Man was the first Crown Dependency of the United Kingdom to legalise same-sex marriage.

The Isle of Man has recognised same-sex civil partnerships providing several, but not all, of the rights and benefits of marriage since 6 April 2011.

Civil partnerships[edit]

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.

As of 2005, couples who have entered into a civil partnership in the United Kingdom are recognised by the Department of Health and Social Care for pension purposes. The other rights of a civil partnership were not provided.[1] In March 2009, Chief Minister Tony Brown announced that civil partnerships, known in Manx as commeeys theayagh (pronounced [kʰoˈmiːs tθiəx]),[2] would be introduced in the Isle of Man in October 2009. This bill would be modelled on the UK one, providing same-sex couples with nearly all of the rights and responsibilities of marriage.[3]

In February 2010, the civil partnership bill was introduced by the Manx Government and had its first reading in the House of Keys.[4][5][6][7][8] The bill was passed 19 to 3 in its second reading on 30 March.[9][10] Further progress towards the passage of the bill was due to have taken place on 27 April, but was delayed for technical reasons.[11] The bill passed the clauses stage on 25 May,[12][13] and was approved in its third reading on 22 June.[14][15] On 29 June, the bill had its first reading in the Legislative Council.[16] It passed second reading on 26 October,[17] the clauses stage on 9 November,[18] and third reading on 23 November.[19] The legislation was signed into law on 15 March 2011 by Lieutenant Governor Paul Haddacks,[20][21] and took effect on 6 April 2011.[22][23]

Same-sex marriages from England, Wales and Scotland were recognised as civil partnerships on the island from 2014 until legalisation in July 2016.[24] In 2016, along with the legalisation of same-sex marriage, civil partnerships were opened to opposite-sex couples.[25]

Same-sex marriage[edit]

On 9 June 2015, Chief Minister Allan Bell announced his intention to repeal the law barring same-sex marriage on the island.[26] On 21 July, Bell ruled out holding a referendum on the issue.[27][28] On 2 October 2015, the Chief Minister announced a public consultation on the issue to take place between 15 October and 13 November, with a bill allowing same-sex couples to marry to be introduced to Tynwald in 2016, depending on the results of the consultation.[29][30][31][32][33][34] In November 2015, Bell announced that the same-sex marriage bill would have its first reading in Tynwald in December 2015 and would be implemented in 2016.[35] On 19 December, Bell said that the bill would be submitted to the House of Keys in January, with the intention of having the law take effect by summer 2016.[36] The government response to the public consultation was published on 22 January, with the Council of Ministers recommending that the bill be promptly introduced to the House of Keys for consideration.[37][38][39]

The bill had its first reading in the House of Keys on 2 February 2016.[40][41][42] On 9 February, the bill passed its second reading by a 18–4 vote.[43][44]

9 February 2016 vote in the House of Keys (2nd reading)[45]
Political affiliation Voted for Voted against Abstained/Not present
  Independent
16
4
2
  Liberal Vannin Party
2
 - -
Total 18 4 2

The measure passed the clauses stage on 1 March.[46][47][48] Several amendments which would have allowed registrars to opt out of conducting same-sex marriages were rejected. One amendment the House did agree to was an amendment to allow opposite-sex couples to enter into civil partnerships.[46][47][48] Consequently, the bill was renamed the Marriage and Civil Partnership (Amendment) Bill 2016.[46][49] On 8 March, the bill was approved in its third reading in a 17–3 vote.[50][51]

8 March 2016 vote in the House of Keys (3rd reading)[52]
Political affiliation Voted for Voted against Abstained/Not present
  Independent
15
3
4
  Liberal Vannin Party
2
 - -
Total 17 3 4

On 22 March, the bill passed its first reading in the Legislative Council in a 6–3 vote.[53][54] On 12 April, the bill passed through both the second reading, in a 5–3 vote, and the clauses stage, with three amendments proposed by Attorney General John Quinn.[55] The bill was approved in its final reading on 26 April by a vote of 6–3.[56][57][58]

26 April 2016 vote in the Legislative Council (3rd reading)[59][60][61]
Political affiliation Voted for Voted against Abstained/Not present
Elected members
6
2
 -
Ex-officio members -
1
2
Total 6 3 2

On 10 May, the House of Keys approved the council's amendments in a unanimous 22 to 0 vote.[62]

The bill was signed in Tynwald Court on 21 June, officially becoming the Marriage and Civil Partnership (Amendment) Act 2016.[a][63][64] Some media reported that the bill was expected to be promulgated on 5 July, but it was delayed due a legal challenge lodged with the Privy Council. However, the Cabinet Office stated that the bill would receive royal assent in the Privy Council, and be officially proclaimed during the Tynwald sitting on 19 July.[65] The Chief Minister said that the UK European Union membership referendum was the reason for the delay, and that the law would take effect on 22 July.[66] The law indeed received royal assent by Lieutenant Governor Adam Wood in the Privy Council on 13 July and was proclaimed on 19 July.[67][68][69][70] It took effect three days later.[71][72] The first same-sex marriage to be registered on the Isle of Man was that of Marc and Alan Steffan-Cowell, who converted their civil partnership into a marriage on 25 July 2016.[73] The first same-sex marriage ceremony on the island occurred on 30 July between Luke Carine and Zak Tomlinson in the coastal town of Ramsey.[74][75]

Subsequent changes[edit]

In August 2023, Tanya Marie August-Hanson announced her intention to introduce legislation granting automatic recognition to same-sex parents of a child born after fertility treatment. Currently, only the biological parent is automatically recognised on the child's birth certificate. The proposal would bring the Isle of Man's laws in line with the United Kingdom's Human Fertilisation and Embryology Act 2008.[76]

Statistics[edit]

There were 351 marriages performed on the Isle of Man in 2018, of which 6 (1.7%) were between same-sex couples.[77]

Religious performance[edit]

The second largest Christian denomination on the island, 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.[78][79] In November 2023, two congregations of the Methodist Church, the Trinity Methodist Church and the Promenade Methodist Church, both in Douglas, announced they would be performing same-sex marriages in their local churches.[80][81][82]

The smaller United Reformed Church has allowed its churches to perform same-sex marriages since 2016.[83]

See also[edit]

Notes[edit]

  1. ^ Manx: Slattys Poosey as Commeeys Theayagh (Lhiasaghey) 2016, pronounced [ˈslatʲəs ˈpʰuːsə as kʰoˈmiːs tθiəx ˈlʲasaxə]

References[edit]

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  83. ^ May, Callum (9 July 2016). "United Reformed Church approves gay marriage services" – via www.bbc.com.

External links[edit]

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