LGBT rights in Montserrat


Lesbian, gay, bisexual, and transgender persons in Montserrat face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montserrat since 2001.

Law regarding same-sex sexual activity

Before 2001, anal sex and oral sex for both heterosexuals and male homosexuals were criminal offences. Lesbian activity has never been illegal in Montserrat. Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat by the British Government pursuant to Sections 3 and 3 of the Caribbean Territories Order, 2000. According to section 4 of the order, the law was passed retrospectively. There are two exceptions to the law: group sex and sex in public remain criminal offences and may also lead to charges under gross indecency and other minor sexual offence laws.
As a British Overseas Territory, Montserrat is required to comply with its obligations under international human rights instruments. Specifically, this includes an adherence to the European Convention on Human Rights, which highlights a responsibility to ensure non-discrimination and equality.

Recognition of same-sex relationships

and civil unions are not legal in Montserrat. Same-sex marriage is constitutionally banned as Article 10 of the Constitution reads:

Discrimination protections

Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:

Living conditions

The gay scene is very limited. There are no gay bars, nightclubs or venues in Montserrat, though several hotels welcome gay tourists and have non-discrimination policies.
While Montserrat society tends to be tolerant of same-sex relationships, open displays of affection between same-sex partners may offend.

Summary table