Same-sex marriage to be discussed during constitutional
Premier Dr. Natalio Wheatley confirmed at a public engagement on May 5 that same-sex marriage will be one of the issues raised when formal constitutional talks with the United Kingdom begin, and he urged that imposition should play no part in a modern relationship (VINO). The debate has intensified after the Constitutional Review Commission recommended explicitly prohibiting same-sex marriage in the Constitution and as a court challenge by a same-sex couple seeking recognition of their overseas marriage moves through the courts (Guavaberry).
During the first public engagement session ahead of constitutional negotiations with the United Kingdom on May 5, 2026, Premier Dr. Natalio Wheatley confirmed that same-sex marriage will be among the issues raised when formal talks begin (VINO). "We know, of course, that’s an issue that is going to come up.
That’s an issue they have already signalled will come up, and we’ll have a discussion," Dr. Wheatley told the public session, noting that same-sex marriage remains illegal in the Virgin Islands (VINO). The premier said the BVI negotiating team "has a position and the UK’s negotiating team will have theirs," signalling that the topic will be debated as part of the wider constitutional dialogue.
He separated the substantive question about same-sex marriage from a broader concern about the nature of the territory’s relationship with the UK, saying imposition should not be part of a "modern relationship." "Part of our contention is that we don’t want a relationship with the United Kingdom where anything is imposed on us.
That is part of our contention—the UK describes our relationship as a modern relationship, and in that modern relationship, imposition should play no part," he said (VINO). Wheatley also acknowledged that democratic majorities must still respect protections for minorities and that human-rights discussions will be central to pre-negotiation work. "This is why the discussion of human rights is important because it has been determined through various organisations, the United Nations and others, that there are certain rights which are inalienable and they are universal to all people," he said, adding that the majority does not have the right to abrogate minority rights (VINO).
Since that public session, the debate has sharpened. The Constitutional Review Commission (CRC) has recommended that the Virgin Islands explicitly prohibit same-sex marriage as part of broader constitutional reforms, a move that Guavaberry reports has made the issue one of the most divisive in the review process (Guavaberry).
The recommendation comes as a legal challenge by a same-sex couple seeking recognition of their overseas marriage remains before the courts, fuelling wider public debate over the role of the judiciary, religious values and local autonomy (Guavaberry). Religious groups and conservative politicians have strongly opposed moves toward recognition.
The British Virgin Islands Christian Council has been active in supporting court challenges to defend existing marriage laws and has warned against what it describes as foreign interference in local cultural and religious affairs (Guavaberry). LGBTQ advocates counter that the current legal position—which defines marriage as between a man and a woman and does not recognise same-sex marriages performed abroad—contradicts constitutional protections against discrimination and evolving regional human-rights standards (Guavaberry).
Premier Wheatley has previously proposed a referendum on same-sex marriage, saying the matter should be decided by the people rather than imposed through the courts; that referendum has not yet taken place (Guavaberry). Opposition lawmakers have also expressed concern that Britain could intervene to enforce recognition of same-sex unions, pointing to the Cayman Islands where the governor enacted civil-partnership legislation after local lawmakers rejected it (Guavaberry).
The CRC’s recommendations are expected to form the basis of public consultations and parliamentary debate in the coming months, and residents can expect continued engagements as pre-negotiation work proceeds. The government has scheduled another engagement for Virgin Gorda on May 26 at the Catholic Community Centre beginning at 5:30 p.m. to gather community views that will inform the BVI position before formal talks with the UK (VINO; Guavaberry).
How the UK’s human-rights positions and the BVI’s local laws are reconciled will be a central issue in the months ahead, with significant implications for local legislation, social policy and the broader constitutional relationship between the territory and the United Kingdom.
Primary source: VINO