Marriage Equality USA

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Current Status


  • Same-sex sexual activity is legal in the U.S. Virgin Islands; civil unions are not available; and, same-sex marriage is forbidden by statute (Virgin Islands Code 16 V.I.C. § 31).
  • The leader of the local government is Governor John de Jongh, a Democratic, since 1 January 2007.
  • Virgin Islands residents are U.S. citizens but cannot vote in United States presidential election and cannot elect voting members of Congress. However, in the U.S. House of Representatives, they are represented by a delegate, who can vote in congressional committees but not in the House itself.
  • Following the 2013 SCOTUS ruling in United States v. Windsor, both the IRS and the Department of Labor (DOL) wrote that for their purposes the term "spouse" refers to any individual who is lawfully married under any state law, including individuals married to a person of the same sex who were legally married in a state that recognizes such marriages, but who are domiciled in a state that does not recognize such marriages. This applies to the U.S. Virgin Islands.


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