Tatchell, who is a member of the gay rights group OutRage! and the Green Party of England and Wales, made the claim in an interview with Bermudan newspaper The Royal Gazette.

Homosexuality has been legal in Bermuda since 1994, but the UK overseas territory’s position on same-sex marriage has been controversial.

Same-sex marriage was legalised in 2017.

The Bermudan Parliament passed a Domestic Partnership Act in 2018, with the legislation permitting same-sex couples to enter domestic partnerships, but deeming marriages to be void unless they were between a man and a woman.

Bermuda’s Supreme Court overruled the legislation deeming the act to have breached the island’s constitution, leading to an appeal to the Judicial Committee of the Privy Council (JCPC).

The JCPC, the highest court of appeal for Bermuda and several British territories, ruled this month that the Bermudan Government’s ban on same-sex marriage was permitted under its constitution.

The JCPC also separately ruled there was no right to same-sex marriage under the Cayman Islands constitution.

Tatchell told The Royal Gazette he anticipates protests against the legislation during the upcoming Commonwealth Games in Birmingham, suggesting the Commonwealth needs to address homophobia.

"Britain has backed a homophobic government in Bermuda," Tatchell said.

"Any government that doesn’t support the rights of LGBTQ people is homophobic.

"Separate laws are not equal laws - that is the logic of the apartheid government in South Africa because they legislated separate laws for black and white people.

"This is outrageous for a supposedly democratic country in the 21st century."

As many as half of the 72 nations and territories who are set to send athletes to the Commonwealth Games still criminalise homosexuality.

England diver Tom Daley called for the Commonwealth to work towards changing attitudes during Gold Coast 2018.

Commonwealth Games Federation (CGF) chief executive Katie Sadleir in December said she would be prepared to meet Daley, an openly gay man, to discuss the topic.

The CGF announced Athlete Advocacy Guiding Principles last month, which showed the organisation’s intent to support athletes who wish to positively advocate for important issues.

The principles said that the CGF recognised athletes are "inspirational leaders, agents of change, advocates for integrity, ambassadors for respect, impartiality and non-discrimination".

The CGF said it was "supportive of freedom of expression and trusts, respects and understands that athletes may want to make positive expressions of their values in line with the CGF values of Humanity, Equality and Destiny", with positive expressions of values subject to the CGF Charter of Good Conduct.

Birmingham 2022 has already said it is comfortable with providing "flexibility and platform for athletes to express themselves".

The CGF Athlete Advocacy Guiding Principles can be accessed here.