Current Status
- On 26 June 2015, the Supreme Court of the United States (SCOTUS) ruled FOR marriage equality and that same-gender couples have the constitutional right to marry in all 50 states and all U.S. territories. The U.S. Virgin Islands are covered by the U.S. Supreme Court ruling issued on 26 June 2015. Civil marriage equality at the territory level is now legal - same-sex couples can legally enter into civil marriage.
- MARRIAGE EQUALITY FAQ
- If a marriage license is refused to you, please contact one of the following legal organizations immediately!
- ACLU
https://www.aclu.org/about/affiliates?redirect=affiliates
212.549.2500 - GLAD
http://www.GLADAnswers.org/
617.426.1350 - Lambda Legal
http://www.lambdalegal.org/marriage-equality-tracker
212.809.8585 - NCLR
http://www.nclrights.org/legal-help
415.392.6257
- ACLU
- 9 July 2015, Mapp Signs Marriage Equality Executive Order; Measure Awaits James' Action - From the St. Croix Source
- 30 June 2015, Mapp To Issue Executive Order Mandating Gov. Agencies To Comply With Supreme Court’s Same-Sex Ruling - By Ernice Gilbert, The Virgin Islands Consortium
- 26 June 2015, Some Virgin Islanders Struggling To Accept Same-Sex Marriage Is Now Law - By Lydia Lohr, St. Croix Source
HISTORICAL PERSPECTIVE
- 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.
Legislation - Pending
Bill #14-1462, the "marriage equality bill"
Author/Sponsor: Senator Judi Buckley
Date Introduced: Draft submitted May 2014; in legal counsel; not yet introduced on the Senate floor
Description:
- A bill supporting same-sex marriage, changing the language of the V.I. Code Title 16 from "between a male and a female," to "between two persons." The bill also includes a subsection that would ensure that any person, including members of clergy, have the right to decline to conduct any marriage, including one for a same-sex couple.
- Additionally, revisions to the Code under the bill would allow for courts to proceed with divorces and annulments in V.I. Superior Court related to same-sex marriages.
- The bill has yet to go before the V.I. Senate, but it is creating a stir, riling supporters and opponents, though it is hard to say how many people are on either side of the issue. Sen. Buckley doubts it will debut on the V.I. Senate floor before she leaves office at the end of her term in January 2015, but she said she is glad to see that the conversation already is in full swing.
- While the drafted bill still is in the hands of legal counsel, Buckley said she is considering making additional changes to Title 16 that would assuage residents' fears that her bill would be a slippery slope into marriage deregulation. She is not sure to which committee the bill will be assigned once it is released from legal counsel.
- 24 July 2014, a petition drive to garner public support for the bill was organized by Virgin Islands Equality For All.
Legislation - Enacted
None.
Lawsuits - Resolved
None.
Ballot Initiatives - Passed
None.
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