Will UK use same-sex marriage to withhold BVI freedoms?

Commentator Claude Skelton Cline has questioned whether the United Kingdom could use the issue of same-sex marriage as leverage in upcoming constitutional negotiations with the Virgin Islands, arguing that decisions on the matter should be made by residents of the territory rather than imposed externally.

Speaking on his Honestly Speaking radio programme this week, Skelton Cline turned his attention to constitutional discussions expected to begin next month between the Virgin Islands and the UK government. He urged residents to pay close attention to issues that may arise during the talks and to engage elected representatives on matters affecting the territory’s future.

The issue of same-sex marriage has remained a contentious subject in the territory for several years. In 2021, the UK-backed Court of Appeal ruled that same-sex marriage could not be introduced through the courts and that any change to marriage laws would require legislative action by the House of Assembly. Since then, discussions have continued around civil partnerships and broader legal protections for same-sex couples.

Premier Dr Natalio Wheatley recently signalled that his government is likely to push for legal recognition of same-sex relationships through civil partnerships while maintaining its opposition to same-sex marriage.

Referencing the upcoming constitutional negotiations, Skelton Cline said, “One of the things that the United Kingdom is pushing is this matter of same-sex marriage.”

He noted that the Virgin Islands government had previously indicated that it wanted the issue determined through a referendum. However, it is unclear whether the government remains inclined to pursue this approach.

While expressing support for individuals choosing whom they wish to love, Skelton Cline drew a distinction between civil rights and the legal definition of marriage.

“You should love whoever it is you want to love,” he stated. “I will fight for your right to love whomever it is you want to love.”

He also said he would support legal protections and benefits for same-sex couples.

“I will fight for your right in any civil union and to be the beneficiary of, the benefactor of, the partnership with the one you choose to love,” Skelton Cline stated.

However, he argued that decisions on marriage laws should not be imposed on the territory by external authorities.

“What we should not accept is the UK — or anyone else for that matter — forcing us to accept something that contravenes our local cultural mores and using it to withhold any freedoms that are rightfully ours in the first place,” Skelton Cline said. “You cannot negotiate with a gun to your head.”

He also urged the Virgin Islands negotiating team to anticipate issues that could arise during constitutional discussions and prepare accordingly, saying residents should remain engaged with elected officials throughout the process.