Same-sex marriages could take place under British law in Bermuda if Government gives the go-ahead, according to a human rights lawyer.

Venous Memari, managing director of the Centre for Justice, said there may be an argument for Government House to conduct such ceremonies, as British consulates can now do around the world, so long as the Bermuda Government approves.

But she said those affected would need to lobby the UK and Bermuda to bring about the change.

Her comments came after The Royal Gazette revealed yesterday that new legislation allowing same-sex couples to legally marry under British law in 23 countries will have no effect in Bermuda.

The legislation, passed in the UK, allows same-sex weddings to be held in British consulates and embassies in countries where same-sex marriage is not allowed; the first such ceremony took place in Australia last week.

In Bermuda, a British Overseas Territory, only local marriage law can apply, according to Governor George Fergusson. He told this newspaper that legislation establishing same-sex marriages in England and Wales, which came into force in March, does not affect Overseas Territories.

Ms Memari said that had the potential to change — if Government could be persuaded to act.

She said the relevant law governing the consular marriage of British nationals overseas was the Consular Marriages and Marriages under Foreign Law Order 2014, which was made in accordance with the UK’s Marriage (Same Sex Couples) Act 2013.

“The order only pertains to marriages where one or both spouses are UK nationals and would have to conform with UK marriage requirements,” said Ms Memari. “According to paragraph 15 of schedule six of the 2013 Act, a United Kingdom national includes, amongst others, a British Overseas Territories citizen.

“At present, the order only applies to those ‘countries or territories’ outside the UK which have notified the Foreign and Commonwealth Office (FCO) in writing that there is no objection to such marriages taking place in that country or territory and which have not subsequently revoked that notice.”

The 23 countries to which the order currently applies are Azerbaijan, Australia, Bolivia, Cambodia, Chile, China, Colombia, Costa Rica, Dominican Republic, Estonia, Hungary, Japan, Kosovo, Latvia, Mongolia, Montenegro, Nicaragua, Peru, Philippines, Russia, San Marino, Serbia and Vietnam.

Ms Memari said gay couples wanting a consular marriage here could not pursue the matter through the courts as Bermuda is not among those countries and territories to which the order applies.

“If the order doesn’t apply, there’s very little to challenge. The only realistic option here is for those who might be affected by this to lobby the UK and Bermuda governments to bring consular marriages into effect — a political rather than a legal solution.”

She added: “The order will apply only if the Bermuda Government writes to the FCO signifying acceptance of the practice being performed in Bermuda and only when the Foreign Secretary has authorised some person in Government House to serve as a registration officer here — there being no British consular officials in Bermuda.”

Ms Memari said there “may be an argument for such marriage being performed by Government House”, adding: “There is no reason why the Deputy Governor, as an example, could not be designated as the registration officer.”

The lawyer said the question of whether or not a consular marriage could be performed in Bermuda was “quite separate” from the question of whether Bermuda would recognise the marriage.

“To the extent that Bermuda might not recognise a same-sex marriage from anywhere, a consular marriage would obviously not be recognised in Bermuda.

“I don’t think that a same-sex marriage would be recognised in Bermuda because of the gendered nature of the language of the Marriage Act.”

Seventeen countries have enabled same-sex marriages, along with parts of the US and Mexico. This newspaper asked Government to clarify whether it recognised same-sex marriages legally conducted elsewhere.

A spokeswoman said she was unable to answer the question. She also didn’t respond to a question about whether non-Bermudian same-sex spouses can obtain spousal letters from the Department of Immigration to allow them to reside and work here.

A Cabinet spokeswoman said on Tuesday that same-sex marriage was not currently on Government’s agenda.