The BVI Says No To Same-Sex Marriage In New Constitution

By Staff Reporter | NewsAmericasNow.com

News Americas, ROAD TOWN, British Virgin Islands, Mon. May 11, 2026: British Virgin Islands Premier Natalio Wheatley has defended the decision by elected leaders to exclude same-sex marriage from the territory’s next constitution, even as negotiations with the United Kingdom continue and a related court challenge remains active.

Elected leaders recently accepted a recommendation from the Constitutional Review Commission to amend Section 20 of the Constitution to explicitly define marriage as a union between a man and a woman. Lawmakers subsequently expanded the wording further, agreeing that marriage should be defined specifically as a union between a man and woman of the opposite sex at birth – language intended, according to legislators, to provide greater constitutional certainty.

Premier Speaks At Public Engagement Session

The issue came to a head during a public engagement session on constitutional negotiations this week, when a resident directly challenged Premier Wheatley on why the government was choosing to deny same-sex marriage and what role the government should play in protecting minority rights – particularly while a court challenge involving same-sex marriage remains active in the territory.

Wheatley responded carefully, saying he did not wish to comment extensively given the active court proceedings.

“I don’t want any of my comments to impact the court proceedings,” the Premier said.

However, he stressed that the negotiating team remains mindful of internationally recognized human rights standards – particularly those linked to the European Convention on Human Rights, which the United Kingdom has extended to the BVI. “What I can assure you is the concept of adhering to principles, particularly the European Convention on Human Rights, is really foremost in our minds,” Wheatley said.

Room For Other Forms Of Partnership

The Premier also suggested that while marriage may continue to be traditionally defined in the constitution, there could still be accommodation for other forms of partnerships without discrimination – stopping short of elaborating on what specific legal framework that might involve.

Wheatley argued that BVI society is capable of holding both positions simultaneously. “At the very same time, ensuring that we defend and represent our culture, our heritage and our way of life,” he said. “I believe that in a tolerant society that we have here today, that it’s possible for those two things to coexist.”

UK Negotiations Still To Come

Critically, the constitutional proposals – including the marriage definition – are not yet final. The recommendations adopted by elected leaders remain subject to formal constitutional negotiations between the BVI and the United Kingdom before any final decision is made, leaving the door open for further debate and potential modification.

The tension between the BVI’s traditional cultural values and the human rights framework of the European Convention – which the UK has extended to its overseas territories – is expected to be a central point of discussion in those negotiations.

The outcome will be watched closely across the Caribbean, where several territories and independent nations are navigating similar debates around marriage definitions, minority rights, and the extent to which colonial-era legal frameworks should shape modern constitutions.