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Privy Council blocks gay marriage for Cayman Islands & Bermuda

- overturns court ruling in favour of same-sex marriage in Bermuda; Says gays don't have right to marry in Cayman Islands based on constitution
Activists who have been advocating for same-sex marriage in the Cayman Islands and Bermuda to be legalised received a major blow today, Monday, March 14, 2022, following a ruling by a top appeals court in London. Photo: USA Today
The United Kingdom's Privy Council, which serves as the final court of appeals for several islands in the Caribbean, sided with the government of Bermuda, which had fought a local Supreme Court's decision to allow gay marriage. Photo: onealwebster.com
The United Kingdom's Privy Council, which serves as the final court of appeals for several islands in the Caribbean, sided with the government of Bermuda, which had fought a local Supreme Court's decision to allow gay marriage. Photo: onealwebster.com
HAMILTON, Bermuda- Activists who have been advocating for same-sex marriage in the Cayman Islands and Bermuda to be legalised received a major blow today, Monday, March 14, 2022, following a ruling by a top appeals court in London.

The United Kingdom's Privy Council, which serves as the final court of appeals for several islands in the Caribbean, sided with the government of Bermuda, which had fought a local Supreme Court's decision to allow gay marriage.

Cayman Islands constitution doesn't allow for gay marriages- Privy Council

The Privy Council also ruled that gays don't have the right to marry in the Cayman Islands based on its Constitution.

According to the Associated Press, Caribbean activists had hoped for a favourable ruling to help sway public opinion in a largely conservative region where colonial anti-sodomy laws remain on the books and same-sex marriage is rarely considered a right.

One of five judges in the Bermuda case dissented. In its judgement, the Privy Council acknowledged that the historical background of marriage is "one of the stigmatisation, denigration and victimisation of gay people, and that the restriction of marriage to opposite-sex couples may create among gay people a sense of exclusion and stigma."

However, it said that “international instruments and other countries’ constitutions cannot be used to read into (Bermuda's constitution) a right to the legal recognition of same-sex marriage.”

Matter up to legislative assembly in Cayman Islands

Meanwhile, the ruling was unanimous in the Cayman Islands' case, with judges writing that “the effect of the board’s interpretation is that this is a matter of choice for the legislative assembly rather than a right laid down in the constitution.”

According to the Associated Press, the Cayman Islands' case reached the Privy Council after two women — Chantelle Day and Vickie Bodden Bush — were denied a marriage license in 2018. The couple, who recently adopted a daughter, went to court, and in March 2019, the Cayman Grand Court ruled in their favor after stating that the denial violated the law. Months later, a local appeals court overturned the decision, stating that the Cayman Constitution doesn't allow for same-sex marriage. However, it ordered the government to provide the women with a legal status equivalent to marriage.

That didn’t happen and a legal team sought a ruling from the Privy Council in London.

Court rulings in favour of same-sex marriage resisted in Bermuda

Meanwhile, the case in Bermuda reached the Privy Council as a result of the government fighting local court rulings that upheld the legalisation of same-sex marriages.

In May 2017, the island’s Supreme Court ruled that they were legal, but the party that won the general elections months later rejected that ruling and allowed only domestic partnerships. One senator said during the debate at the time: “Society largely does not support same-sex marriage nor is it prepared to accept it at this time.”

The issue bounced through various courts until it reached the Privy Council.

Same-sex marriage is not legal in the Virgin Islands and governments in the past have said they have no intentions of making it legal anytime soon. 

23 Responses to “Privy Council blocks gay marriage for Cayman Islands & Bermuda”

  • Sad (14/03/2022, 15:32) Like (32) Dislike (45) Reply
    Very sad. Who you love and how you choose to legally formalise this relationship with should have nothing to do with the state so long as both parties are of sound mind, age and consent....
  • rasta (14/03/2022, 15:38) Like (32) Dislike (0) Reply
    fiya
  • Nice... (14/03/2022, 16:00) Like (31) Dislike (10) Reply
    Men and women.. Sex and multiply...Gay is anti creation..
  • Concerned (14/03/2022, 16:04) Like (36) Dislike (14) Reply
    @ Sad: it's obvious they are not of sound mind. We just have to stop entertaining nonsense. One man One woman. The word of God is gospel he made Adam and Eve.
    • Junkonoe (14/03/2022, 22:15) Like (4) Dislike (18) Reply
      The word of God is the word of the man who wrote that Book. Imagine civilization was in operation more than 36,000 years BCE, and you adopted the European's religion, hook, line and sinker and forgot what transpired BC and stating that King James Version is God's word. Study to show yourself approved in history. Let the people be.
      • Uneblievable (15/03/2022, 07:54) Like (8) Dislike (0) Reply
        Interesting how you're quoting from the same book you're condemning. why not finish the statement "Study to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth".
  • Hodgie (14/03/2022, 16:15) Like (29) Dislike (10) Reply
    Good news. They want to stop reproduction. God forbid
  • Jesus Reigns! (14/03/2022, 16:29) Like (25) Dislike (13) Reply
    Thank you God! There are absolute truths whether we want to accept them or not.
  • Foxe (14/03/2022, 16:33) Like (36) Dislike (6) Reply
    Marriage is between a man and a woman. Bam!
  • jah (14/03/2022, 16:38) Like (30) Dislike (7) Reply
    Them too nasty with them nonsense. I don't believe in it. A couple should be a man and a woman, not two man nor two woman
  • asking for a friend (14/03/2022, 16:54) Like (10) Dislike (7) Reply
    Well sah you mean that usvi senator can’t merry Cindy ?
  • Fyah blaze (14/03/2022, 17:30) Like (11) Dislike (6) Reply
    Look at the above picture. Its a woman marrying them and laughing. Bun dem out.
  • Xxx (14/03/2022, 18:38) Like (14) Dislike (2) Reply
    Why the fuss so much of them here in the closet
    • streets (14/03/2022, 22:19) Like (9) Dislike (1) Reply
      There are a whole lot of them here in the BVI in the closet. Men, women, married men, married women, even some of the thugs.It is what it is.
  • @ Sad (14/03/2022, 19:26) Like (12) Dislike (9) Reply
    A sound mind does not mate with the same sex.
    • @@sad (15/03/2022, 05:55) Like (3) Dislike (4) Reply
      How did I know that someone would make this point when I wrote my 'blog'? Your ignorance is sad. I could argue that a sound mind does not believe in fairies or demons or anything else which cannot be proven. You go about your day and stop judging people based on who they are attracted to...
  • Shameful (14/03/2022, 19:36) Like (13) Dislike (8) Reply
    It’s amazing how we in the BVI seem to live in the dark ages, get with the times folks. If it doesn’t directly affect you or anyone else then let it be, who are you to dictate what others do with their lives because you’re religious. Being homophobic is like being racist, fearing and disliking someone because they’re different or don’t share your beliefs. Some might say you’re silly for believing in an imaginary man in the sky, but you carry on because people let you live your life. Don’t be a hypocrite.
  • be happy (14/03/2022, 22:10) Like (6) Dislike (0) Reply
    If you don’t believe you’re born like it then you simply haven’t left your circle of friends and family.
  • yuk (15/03/2022, 02:05) Like (6) Dislike (6) Reply
    Disgusting

    No God made Adam
    And eve
    Not Adam and Steve

    Privy council darn right to blank their nastiness idc what your thoughts are sure ppl should choose how to live their lives but this is not the way it’s disgusting distasteful
    Down there is one way street things coming down.
    • @yuk (15/03/2022, 10:30) Like (5) Dislike (1) Reply
      You contradict yourself, how can you say live your life but this particular topic is disgusting? Educate yourself in tolerance and current topics. If you find something disgusting, focus on something else and let people live!
  • Interested (15/03/2022, 06:12) Like (11) Dislike (6) Reply
    Praise The Lord.He reigns supreme and His Word is true
  • Native Senior Citizen of the British Virgin Islands (15/03/2022, 10:05) Like (4) Dislike (6) Reply
    People that opposed male and female union, but rather embraced same sex union are simply mixup mentally, only that they don't realize it. This practice is far worst than any. It embraces depopulation of the human kind. Sane minded do not indulge in such behavior, only mixup minded people do.
    • @Senior Citizen (15/03/2022, 12:12) Like (7) Dislike (3) Reply
      With all due respect, the world we live in now is very different to the world you grew up in. If you are calling people mentally unstable because they accept same sex relationships then in fact you yourself are “mixup mentally”. You have been brainwashed by religion and you practise HATE because you have silly ancient beliefs. When was the last time you read a book or watched the news? The world is overpopulated - educate yourself before opening your mouth next time.


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