Any same-sex couples living in or travelling to the Virgin Islands (VI) with any ideas of marrying, better look elsewhere, as Lisa E. Penn-Lettsome-led Constitutional Review Commission recommended amending Section 20 of the current constitution to state clearly that marriage is between a man and a woman of the opposite sex, and the House of Assembly has agreed to this. Photo: Internet Source/File

House of Assembly (HoA) of the Virgin Islands Constitutional Review Report by the Committee of the Whole House accepted the decision of the Constitutional Review Commission to recommend amending Section 20 of the current constitution to state clearly that marriage is between a man and a woman of the opposite sex. Photo: GIS/File

In 2021, a local couple, Kinisha Forbes, left, and Kirsten Lettsome, right, in a case versus the Government (Attorney General) challenged the government of the day in court, in which they sought to have their same-sex marriage recognised. Photo: Facebook/LinkedIn

An overwhelming majority of the public agrees that same-sex marriage should not be made legal and believes that the Virgin Islands is a Christian society, and that same-sex marriage is foreign to the VI culture and Christian values. Photo: Internet Source

The Lisa E. Penn-Lettsome-led Constitutional Review Commission recommended amending Section 20 of the current constitution to state clearly that marriage is between a man and a woman of the opposite sex.

In addition, the House of Assembly (HoA) of the Virgin Islands Constitutional Review Report by the Committee of the Whole House accepted this decision. However, who all voted or if any member opposed was not immediately given when we inquired. 

HoA Committee’s position in London

Elected Members agreed that Section 20 of the Constitution should be amended to make explicit that, for constitutional purposes, marriage is a union between a man and a woman who are of the opposite sex at birth in accordance with laws enacted by the legislature.

Members have agreed that the formulation should go further by expressly stating that the man and woman are of the opposite sex at birth. Members considered that this would provide greater constitutional certainty and maintain coherence with the Committee’s intended approach to the definition of marriage.

Public reaction case in court

An overwhelming majority of the public agrees with this position and believes that the VI is a Christian society, and that same-sex marriage is foreign to the VI culture and Christian values.

In 2021, a local couple, Kinisha Forbes and Kirsten Lettsome, in a case versus the Government (Attorney  General) challenged the government of the day in court, in which they sought to have their same-sex marriage recognised. The couple argued that Section 13 (c) of the Constitution on same-sex marriage violates their rights to free association and expression. The case has been subject to various legal manoeuvres, including applications for stays of proceedings, leaving the ultimate legal recognition of same-sex marriage in the VI unresolved as of 2024.

However, the proposed new constitution and negotiation team will make it clear the country’s position on same-sex marriage when they go to London. It is unclear whether the position will prevail against a Liberal UK Government (Labour) in power.