Lesbian, gay, bisexual, and transgender (LGBT) persons in Anguilla face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Anguilla, but same-sex couples cannot marry or obtain civil partnerships. Anguillian law does not forbid discrimination based on sexual orientation or gender identity.
Same-sex marriage and civil unions are not legal in Anguilla, and it is one of the British overseas territories not to have legislated for civil partnerships. Non-legal ceremonies of same-sex couples have occurred on the island.[3]
The Marriage Act states that "'marriage' means the union of a man and a woman as husband and wife".[4]
Discrimination protections
No known legislative protections exist for LGBT people in Anguilla's local laws.[5] The Constitution of Anguilla outlaws discrimination on the basis of "race, political opinions, colour, creed, sex or place of origin", though makes no mention of sexual orientation or gender identity.[6]
Several same-sex couples who have travelled to the island on vacation report that the island is "gay-friendly" and has "warm people, the best beaches and sunset in the world, and fantastic restaurants", but also "very quiet".[7] The couples further said that "nobody was discriminatory in any way". However, the situation for locals might be different. Anguilla, much like other Caribbean islands, is believed to have a "subdued and subtle climate of homophobia", which has contributed to secrecy among LGBT locals.[7]
Summary table
Same-sex sexual activity legal
(Since 2001)
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriage
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
(UK responsible for defence)
Right to change legal gender
Access to IVF for lesbians and automatic parenthood for both spouses after birth