Opposition Leader Roy McTaggart said the Privy Council’s judgment on same-sex marriage in Cayman has confirmed that the Civil Partnership Act grants same-sex couples the necessary legal protection, despite not having the right to marry.
In a statement issued late on Monday, 14 March, the Progressives party leader said in addition to clarifying the status of same-sex marriage, the Privy Council’s “ruling has again clarified the interpretation and ability of the court to amend laws and put itself in the place of the Parliament.
“If a law is determined by the Courts to contravene the Constitution, then it should be for Parliament to have the opportunity to fix it.”
In 2018, Chief Justice Anthony Smellie changed the marriage law from defining marriage as a union between a man and a woman, to a union between two persons. His ruling was set aside by the Court of Appeal.
In its extended written judgment, the Privy Council upheld the Court of Appeal’s ruling and noted that Cayman’s obligations have been met by the passing of the Civil Partnership Act 2020, legislation that is now the subject of a judicial review.
‘Parliament abdicated its duties’
In his statement, McTaggart reflected on the initial debate and vote on the then Civil Partnership Bill which was defeated by one vote.
“The introduction of the Domestic Partnership Bill was the right thing to do as a society that values each and every person within it, regardless of race, creed, gender or sexual orientation,” said McTaggart.
“It was our view then and is still our view, that in voting down the Bill, Parliament, in full knowledge of what would likely follow, abdicated its responsibility under the law and did so in contravention of an explicit declaration of the Court of Appeal to provide same-sex couples with necessary protections. Failing which the Court of Appeal said that the UK Government should act.”
A call for ‘acceptance’
There have been strong reactions locally to the Privy Council’s ruling.
In his statement McTaggart also called on the people of Cayman to be more accepting.
“I suspect that, as has happened in the UK and elsewhere, over time most Caymanians may come to accept same-sex marriage,” he said. “Should this be the case then it would be right for the Parliament to bring this about and not a court of law.”
The Cayman Compass has reached out to the Office of the Premier seeking comment on the ruling and the Privy Council’s acknowledgement that Parliament still has the power to implement a same-sex marriage law if it chooses. No reply has yet been received.
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