The Privy Council’s ruling against a court-imposed same-sex marriage law in Cayman has received mixed reactions across the jurisdiction.
Same-sex couple Chantelle Day and Vickie Bodden Bush, who initiated the civil challenge in 2018, through their lawyer said they “were extremely disappointed” with the court’s ruling.
“Were it not for their courage in standing up for their rights, and the rights of many others, there would still be no legal framework for the recognition of same-sex couples in the Cayman Islands [allowed under the Civil Partnership Act],” the statement reads.
Privy Council’s judgment is ‘an affront to human dignity’
In a statement issued earlier today, Colours Caribbean, a Cayman-based LGBTQIA+ advocacy group, denounced the judgment as being an ‘an affront to human dignity’ which ‘consecrates segregation’ of Cayman’s LGBTQIA+ community.
“The Privy Council has told LGBTQIA+ people that they have no right to be treated equally; that the Constitution permits them to be segregated on the basis of their sexual orientation and that religious views are to be elevated over and above the values of human dignity, equality, mutual respect and social harmony – all matters affirmed in the Constitution’s Preamble, alongside reference to Christian values,” reads the Colours Caribbean statement.
The organisation has also called into question the process by which the marriage law was established and subsequently challenged in court.
In its statement, Colours Caribbean pointed to Chief Justice’s Anthony Smellie’s 2019 ruling which highlighted that at the time the marriage law was being drafted, there was no evidence of representation of or consultation with by the LGBTQ+ community.
“Furthermore, Colours Caribbean… was denied the opportunity to act as intervenor in both cases of Bermuda and the Cayman Islands, with no explanation given from the Privy Council.” the statement said.
Judgment was the ‘only logical outcome’
The Privy Council’s decision has been welcomed by Cayman’s Christian community who say it was the only logical decision.
“We believe the Privy Council’s decision is the only reasonable and logical decision that could have been arrived at, when you take into account Cayman’s Constitution and the country’s fundamental Christian values,” Cayman Ministers’ Association president Pastor Torrance Bobb told the Cayman Compass.
He added, “We have diametrically opposed the introduction of a same-sex marriage law as well as a same-sex civil union law, because it runs contrary to our Constitution and we are grateful to the Privy Council for upholding these values.”
Bobb has called on the government to refrain from introducing same-sex legislation, as he said such legislation “would go against the wishes of the people of Cayman” and the word of God.
Ruling provided clarity
Governor Martyn Roper has acknowledged the Privy Council’s judgment as an important point of clarity on Cayman’s Constitution.
In a statement released by his office earlier today, Roper said, “[The Privy Council] ruled that the Court of Appeal was correct in its approach to the interpretation of the Bill of Rights and that it cannot be construed as including a right for same sex couples to marry. I note that clarification on an important constitutional matter.”
Roper also commended Day and Bodden Bush, “for their courage and determination in standing up for their rights over the past five years”, adding that they have inspired many others through their actions.
The governor also acknowledged Cayman’s Christian community’s acceptance of the judgment, and the division among the population the judgment has caused; and has called for everyone to come together.
“I encourage everyone to continue to show acceptance, respect, and tolerance towards others,” said Roper. “That will make us even stronger as a community.”
Although the Privy Council has upheld the original definition of marriage in the Cayman Islands Marriage Act, it also acknowledged that the legislature has the power to introduce same-sex marriage if it chooses.
“Going forward, it is a policy matter for the elected Government as to whether it now wishes to introduce same sex marriage in Cayman,” said Roper. “That would provide equality between heterosexual and same sex couples.”
The Cayman Compass has reached out to the Office of the Premier seeking a comment on the Privy Council’s ruling, and is awaiting a reply.
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