Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBTQ residents.

Sexual acts between two consenting adults in private were expressly decriminalised by an Order in Council in Montserrat (and other British Overseas Territories) by the British Government pursuant to Sections 3(1) and 3(7) of the Caribbean Territories (Criminal Law) Order, 2000.

[4] 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.

Only opposite-sex marriage is constitutionally protected as Article 10 (1) of the Constitution reads:[6] Notwithstanding anything in section 16, every man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and to found a family.Article 16 of the Montserrat Constitution and Article 79 of the Labour Code ban discrimination based on sexual orientation:[6][7] The expression "discriminatory" means affording different treatment to different persons on any ground such as sex, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.The gay scene is very limited.