9th April 2019
Britain welcomes Cayman Islands ruling on same-sex marriage, disappointed by government appeal
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By Caribbean News Now
GEORGE TOWN, Cayman Islands (CNS) — Britain’s Foreign and Commonwealth Office (FCO) said it welcomes the ruling by Cayman Islands chief justice, Anthony Smellie, modifying the marriage law in the same-sex marriage case filed by Chantelle Day and Vickie Bodden, but the FCO is disappointed government is choosing to appeal.
The governor’s office has confirmed it will not be part of that appeal, but there is no indication that Governor Martyn Roper will weigh in to prevent it or the stay that government wants from the courts to stop any same-sex couples taking advantage of the recent ruling.
“The court judgment permitting same-sex marriage in the Cayman Islands puts the territory among the most progressive societies in the region in terms of LGBT equality,” an FCO representative said. “The UK government is committed to equal rights, including LGBT rights and welcomes the judgment. We are therefore disappointed by the decision of the Cayman Islands government to appeal.”
Given this decision by government to appeal, the governor’s office said that it would not be appropriate to comment further, but that the office, which was one of the defendants in the original case, would not be involved in the appeal, which will be brought by the attorney general on behalf of the elected branch of government only.
On April 2, the Human Rights Commission (HRC) had also welcomed the ruling and congratulated Day and Bodden. Describing the ruling as “tremendously significant,” the HRC said it made clear that the government has no justification to sustain the discrimination.
“This judgment should be welcomed by all in our community,” said the HRC, which is planning to issue a more fulsome statement. “In modifying the marriage law, the chief justice has affirmed the constitutionally protected rights of Vickie and Chantelle and many others in committed same-sex relationships. Equally, the rights and freedoms of all other individuals in the Cayman Islands, including rights of religious freedom, are similarly affirmed and protected.”
Meanwhile, opposition leader Ezzard Miller said that he is not opposed to the ruling regarding the discrimination but supports the government’s position that the decision by the court to modify the law should be appealed because it encroaches on the rights of the legislature and breaches the separation of powers.
However, in the executive summary of his decision, the chief justice made it clear why he had the power to make a slight modification to the law and end the violation of the petitioners’ rights.
Republished with permission of Cayman News Service
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