Pitcairn LGBT Laws

Age of Consent Legislation/Cases/References
1. National

Consensual sex between same-sex couples is lawful at age sixteen (16) (based on the United Kingdom Section 9 of the Sexual Offences Act 2003 [L1.2] or Section 13 of the Sexual Offences Act 1956 [L1.1] applying).

L1.2 Sexual Offences Act 2003 (UK)
L1.1 Sexual Offences Act 1956 (UK)
Discrimination Legislation/Cases/References
1. National

Pitcairn Constitution Order 2010 provides[L1.1] –

Section 23 Prohibition of Discrimination

(1) Subject to subsection (4), no law shall make any provision which is discriminatory either of itself or in its effect.

(2) Subject to subsections (4) and (6), no person shall be treated in a discriminatory manner by any organ or officer of the executive or judicial branches of government or any person acting in the performance of the functions of the Pitcairn Public Service or any public authority.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, age, disability, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

(4) Nothing contained in or done under the authority of any law shall be held to breach this section to the extent that it has an objective and reasonable justification and there is a reasonable proportion between the provision of law in question or, as the case may be, the thing done under it and the aim which that provision or the thing done under it seeks to realise.

(5) No person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort; but the proprietor of such a place has a duty to provide amenities and equipment facilitating the access of disabled persons only to the extent provided by a law.

L1.1 Statutory Instruments 2010 No. 244 Pitcairn Islands: The Pitcairn Constitution Order 2010 PDF 133.86kb, 16 FEB 10 (Proclaimed 04 MAR 10)
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1. National

In 2001, consensual sex between same-sex couples was decriminalised [R1.1]

R1.1 ILGA: State-sponsored Homophobia 589.01kb, PDF 16 MAY 12
Marriage Legislation/Cases/References
1. National

On 15 May 2015, the Pitcairn Islands law allowing same-sex marriage came into effect [R1.1].

R1.1 WesternMorning News: Gay wedding law passed in ‘world’s smallest country’ 22 JUN 15
Parenting, Adoption, Fostering Legislation/Cases/References
1. National

Adoption of Infants Ordinance

Section 3 (3) Where an application for an adoption order is made by two spouses jointly, the court may make the order authorizing the two spouses jointly to adopt, but save as aforesaid no adoption order shall be made authorizing more than one person to adopt an infant. [L1.1].

L1.1 Adoption of Infants Ordinance 168.40kb, PDF 16 AUG 12