A British Law that has introduced the phrase civil partnerships in UK Overseas Territories regulations will not require Cayman to recognise or honour same sex unions.
Kurt Tibbetts |
Cabinet ministers acknowledged Thursday that the British Nationality (British Overseas Territories) Regulations, 2007 have been gazetted in Cayman Islands law. However, ministers insisted that the regulations only apply to the British government’s granting or revocation of overseas territory citizenship.
‘The regulations do not in any way extend the United Kingdom Civil Partnerships Law to the Cayman Islands,’ Leader of Government Business Kurt Tibbetts said. ‘In British Overseas territories, if there are any, which already recognise civil partnerships, it will allow civil partners to apply for British citizenship.’
Civil partnerships, also called civil unions, allow same sex couples to enjoy the benefits afforded to heterosexual married couples such as tax incentives, and health care coverage.
Britain recognises such partnerships, but Cayman does not.
There had been concerns expressed by many members of the public that once the phrase ‘civil unions’ or ‘civil partnerships’ existed in Cayman Islands law it could be used by proponents to support legal claims of such unions.
‘There has been a fundamental misunderstanding of this,’ Education Minister Alden McLaughlin said. ‘There is no basis for the recognition of civil partnerships in Cayman Islands law.’
The government has previously said it would define marriage in the country’s Marriage Law as the union of a man and a woman. Ministers have also said they would place language in the revised constitution, which states that Cayman Islands laws, not UK laws, will define marriage here.
What such legal language would do to prevent same-sex unions that are similar to marriage is unclear. The People’s Progressive Movement government has said it would not recognise those unions.
However, Mr. McLaughlin stressed that the situation with the British Nationality Regulations highlights an important point in favour of constitutional change in Cayman.
‘The concern that everyone seems to have that somehow this is going to force the recognition of civil unions in the Cayman Islands…that fear needs to be addressed,’ he said. ‘When we talk about the need to get the United Kingdom to agree to restrict its ability to legislate for the Cayman Islands, to extend legislation to the Cayman Islands; this is a perfect example of what can happen if we do not achieve that objective.’
‘Although the UK has said — they have no intention of extending civil unions to the Cayman Islands, the reality is a different government may take a different view. Unless we have the constitutional protections, which this government is seeking, that would be as easily achieved as this has been done.’
For now, Mr. Tibbetts said he hoped public concerns about civil unions somehow sneaking into local law would be put to rest. But he said he also concurred with Mr. McLaughlin’s statement on constitutional reform.
‘You’ll appreciate when the UK speaks to its overseas territories it hardly deals with them one-on-one,’ he said.
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