CJ clears way for judicial review of gay marriage

| 25/07/2018 | 175 Comments
Cayman News Service

Chantelle Day (left) and Vickie Bodden

(CNS): Chief Justice Anthony Smellie will be hearing what is likely to be a landmark case in the Cayman Islands after he approved on Wednesday the application for a judicial review of the General Registry’s refusal to give two women a marriage licence. Chantelle Day and Vickie Bodden, who were denied the right to marry in April because they are in a same-sex relationship, are challenging the decision in court and now have the green light for the case to go ahead.

During the first brief hearing on the case, CJ Smellie confirmed that the judicial review could go ahead and also indicated that the case could be brought as human rights challenge. No one from the Attorney General’s Chambers was present at the short first hearing, an indication that the government was well aware that the JR was, as noted by the CJ, “well-based”. However, the country’s top judge said he would have thought the attorney general would have wanted to be heard.

Attorney Ben Tonner QC, who is representing the two women, confirmed that following the CJ’s order, he will be filing the formal application shortly.

Day, who is Caymanian, and works for a leading offshore law firm, will be returning to the Cayman Islands permanently next month with her fiancée, who is a British citizen, and their adopted daughter. They have filed for this JR as they are keen to marry and settle here.

Bodden is not Caymanian (the familiar last name is a coincidence), which will complicate their re-settlement to Day’s home. Regardless of the challenges ahead, Day has said she is determined to marry lawfully in Cayman and have that marriage recognised from the moment it happens, rather than marrying in the UK and then trying to fight to get her own country to recognise the union and her spouse.

The couple tried to resolve this issue outside the court, as there is considerable legal precedent to suggest that the authorities here will not be able to prevent the inevitability of same-sex unions of some kind. But despite these efforts and indications from the UK that they want the Cayman Islands to introduce same-sex marriage, the local government, under political pressure from religious groups, intends to fight Day and Bodden using public cash.

The news that this case will be going forward comes days after the UK government came under fire in the House of Lords about a “double standard” regarding the British Overseas Territories because it threatened to impose beneficial ownership registers on the BOTs but has no plans to use this power to address discrimination faced by same-sex couples.

The Overseas Territories Minister Lord Tariq Ahmad told the upper chamber of Parliament that it was the British government’s policy to respect the autonomy of its territories but it was working behind the scenes to “encourage and promote equality”. The peer has pointed to the courts as the place where this is likely to be decided, as the courts in Bermuda have again ordered same-sex marriage be legalised. He said the UK government did not need to intervene on this directly as the courts were making progress.

The hypocrisy of the UK’s attitude was highlighted by Baroness Elizabeth Barker, who indicated that the authorities seemed happy to undermine the autonomy of the territories for the public registers, which is not a recognised standard anywhere, but were not prepared to press for a human rights issue that has been largely accepted.

“The government refuses to require all the overseas territories to respect the rights of LGBT citizens under the European Convention on Human Rights, with which they and we must be compliant. Why the double standard?” she asked.

Lord Ahmad said there was no double standard as the government had not wanted to impose the registers. Despite those claims by the BOT minister, it was the Conservative government’s decision to accept the amendment to the Sanctions and Anti-Money Laundering Bill in order to avoid an embarrassing defeat instigated by its own back-bench.

Nevertheless, Lord Ahmad continue to insist that he did not support that imposition and he continued to support the autonomy of the territories over same-sex marriage.

To assist Chantelle Day and Vickie Bodden in their legal fight, visit their Gofundme page.

Tags: , , , , , ,

Category: Local News

Comments (175)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Sad to say, but we are living in an age when right is generally accepted as bad and wrong as the norm. The constitution, as I understand it, states that marriage is between a man and a woman and that is the way it should be. Not sure what there is to review or why the CJ would even consider entertaining this matter.

    10
    13
    • Anonymous says:

      I would like to add that the Bill of Rights are chartered only into local law. It is only mandated in our constitution that we have a Bill of Rights. A local law cannot over ride what is written in our constitution regardless if it is a Bill of Rights. It would have been a stronger case if the Bill of Rights was written in the constitution where the Chief Justice would have no other option but to send it the the Constitution Commisson via the Legislators to have them review the conflict. However as it stands the case will be dismissed and the law would either have to be reword or change the constitution.

      • Anonymous says:

        The constitution also does NOT state that marriage is between a man and a woman. It merely guarantees that opposite sex couples have the right to marry, without saying anything—for or against—regarding same sex marriage.

        The rights to a private and family life and the right to be free from discrimination in the application of Cayman’s laws, however, are explicitly guaranteed by the Constitution itself.

        No bill of rights is required. No change to the Constitution is required. The only thing that is required is that CIG stop treating Caymanians differently on the basis of their sexual orientation.

        8
        2
  2. Anonymous says:

    Cayman has more societal issues than this. They have a child they are raising together and probably doing a much better job than what I see others doing in Cayman.

    21
    13
  3. Anonymous says:

    Love. Apparently not central to Cayman “Christianity”. Ah well, look at how society has imploded in all the places that have allowed gay marriage.

    17
    27
    • Please spare us! says:

      I “love” one girl. She is 8 years old. She indicated she like me. I am born to be attracted to young girls. Its who I am. And Cayman should respect me and stand for “love” and equality.

      Do you see where this love thing is going???? Many definitions of love.

      CNS: Repeat this over and over until you understand the concept: “Consenting adults” – both words are important. Unlike sex with a child, consensual sex between two adults, regardless of sexual orientation, has no victim. The slippery slope argument is nonsense.

      14
      13
  4. Anonymous says:

    This is the type of foolishness that should not be wasting the courts time and the CJ knows that. Shame on anyone associated with this disgraceful behavior.

    25
    15
    • Anonymous says:

      Disgraceful behaviour! I couldn’t agree with you more!

      Lets demand what is right for a fair Caymanian society! Lets demand that the Government give these ladies the right to a civil union and stop wasting everyone’s time!

      19
      9
  5. Anonymous says:

    Would be a much happier place if all the closet gays were welcomed to come out and live freely. Are you one of them?!

    19
    38
  6. Anonymous says:

    Looks like the bible thumpers have called out for the followers to get on CNN and flood the likes and dislikes. Sorry folks. You are going to lose. Do you think your god is so fragile that he will be destroyed by love?

    21
    50
  7. Anonymous says:

    Compare to
    ONLY 55 comments on “Activist calls for proactive approach to crime”.
    Mind boggling.

    20
    24
  8. Islandtraveler says:

    To all my Christian Brothers and sisters thank you for doing so much to educate people regarding God’s Law. I have learned a great deal from your comments and sermons, and try to share that knowledge with as many people as I can. When someone tries to defend the homosexual lifestyle, for example, I simply remind them that Leviticus 18:22 clearly states it to be an abomination… end of
    debate.

    I do need some advice from you, however, regarding some other elements of God’s Laws and how to follow them.

    1. Leviticus 25:44 states that I may possess slaves, both male and female, provided they are purchased from neighbouring nations. A friend of mine claims that this applies to Jamaicans, but not Cubans. Can you clarify? Why can’t I own Cubans?

    2. I would like to sell my daughter into slavery, as sanctioned in Exodus 21:7. In this day and age, what do you think would be a fair price for her?

    3. I know that I am allowed no contact with a woman while she is in her period of menstrual unseemliness – Lev. 15: 19-24. The problem is how do I tell? I have tried asking, but most women take offence.

    4. When I burn a bull on the altar as a sacrifice, I know it creates a pleasing odor for the Lord – Lev. 1:9. The problem is my neighbours. They claim the odor is not pleasing to them. Should I smite them?

    5. I have a neighbour who insists on working on the Sabbath. Exodus 35:2. clearly states he should be put to death. Am I morally obligated to kill him myself, or should I ask the police to do it?

    6. A friend of mine feels that even though eating shellfish is an abomination – Lev. 11:10, it is a lesser abomination than homosexuality. I don’t agree. Can you settle this? Are there ‘degrees’ of abomination?

    7. Lev. 21:20 states that I may not approach the altar of God if I have a defect in my sight. I have to admit that I wear reading glasses. Does my vision have to be 20/20, or is there some wiggle-room here?

    8. Most of my male friends get their hair trimmed, including the hair around their temples, even though this is expressly forbidden by Lev. 19:27. How should they die?

    9. I know from Lev. 11:6-8 that touching the skin of a dead pig makes me unclean, but may I still play football if I wear gloves?

    10. My uncle has a farm. He violates Lev. 19:19 by planting two different crops in the same field, as does his wife by wearing garments made of two different kinds of thread (cotton/polyester blend). He also tends to curse and blaspheme a lot. Is it really
    necessary that we go to all the trouble of getting the whole town together to stone them? Lev. 24:10-16. Couldn’t we just burn them to death at a private family affair, like we do with people who sleep with their in-laws? (Lev. 20:14)

    I know you have studied these things extensively and thus enjoy considerable expertise in such matters, so I am confident you can help.

    34
    63
    • One out of Many says:

      Sorry, Ignoramous!

      Our Bible is Mother Nature. Alot agree with me. So your criticising a book you don’t know anything about (its original tongue), means nothing to us and the many other decent people on this island that believe in God, and oppose any law from the government pushing a lifestyle on its citizens.

      CNS: Allowing same-sex marriage doesn’t push any kind of lifestyle on anyone. It gives rights to someone else in a way that does not affect your life in any way. That’s the point.

      22
      27
      • IslandTraveler. says:

        Do you really just pull words out of sack to have something to say? really Bible = Mother nature? Wow!!! This is why you cant have a conversation with an ignorant person.

        I have studied theology for 15 years of my life, my understanding of the Bible is quite high, but I don’t agree that YOU and your CAYMANIAN CHRISTIANS get to pick and choose what is convenient for you.

        Now with that being I want Please read the below.

        But love your enemies, do good to them, and lend to them without expecting to get anything back. Then your reward will be great, and you will be sons of the Most High, because he is kind to the ungrateful and wicked (Luke 6:35).

        10
        15
      • islandercayman. says:

        Hypocrite this is the Hebrew writing (Wanted to describe you with the correct tongue) צָבוּעַ

        after all you get to change the bible to suit you sinful lifestyle and hide it from the world by persecuting Gay people? Really, is that what the you get from this “tongue” you have take from the bible.

        Remember you live in a glass house, your day will come and you will cry tears of blood, not because of this message on here, but rather the sin and hate you have spread over the years.

        I have sat amounts you “decent people” and listen to the way you speak and think and if decent is what you like to be called then we need to change the meaning of that word like you just changed the “tongue” in the bible.

        Also once this law is passed in Cayman (and it will be) what do you think you can do about it? absolutely nothing but complain and cry. why do I say that? there is already two “SAME SEX” couples that share benefits, yes, you heard me right TWO, they two foreign couples that share this benefits such, health insurance, permit rights, pension and property rights.

        So as you can see you are standing on losing ground.

        bless up ma yute!!

        15
        26
    • Anonymous says:

      You need to understand we pick and choose to fit our prevailing prejudices and judgment. It is all part of god’s mysterious ways.

      24
      9
    • Cay1 Born says:

      And so …

      So what if a book says these things to your understanding?

      I must then join your camp and say there is no God, support something against human evolution, and say there is no divine accountability for my actions ???

      Do you think we are that stupid?

      45
      5
      • Nohipocryte says:

        Yes I know your that stupid that’s why you follow a crowd of killers – after all more people have been killed in the name Jesus Chris than what have been saved.

        Now that someone demonstrated your stupidity you want to justify it with human evolution? Christians do not believe in evolution you were created by GOD, remember?

        In conclusion Christians will always wiggle their way out of things to continue their beliefs and harm others.

        13
        36
  9. Anonymous says:

    Good luck, the bigoted cave-people and the sky-fairy brain-washed will be defeated sooner than later.

    32
    70
    • Just have to say says:

      Maybe you should go back where you came from. Alot of good and sensible people believe in Gd. It doesnt make them religious.

      Speaking about hate. You have spewed the most hateful comments on this site.

      72
      11
      • Jah Rule says:

        In addition –

        – Calling all people who reverence God “christians”

        – Referring to God as a “fairy tale”

        – Calling all people who believe in God “bigoted”

        – Saying we are brainwashed and illogical.

        The insults and hate speech is tolerated by this site because of what many of us Caymanians stand for.

        26
        7
      • Anonymous says:

        You believe in a god? Fine. Don’t force your belief on to other people and especially don’t try to make any laws for some cosmic wizard no one can prove exist. Keep your religious life to yourself behind closed doors, we really don’t need to hear why you think the universe chose you to spread your delusional narcissistic thoughts.

        6
        3
    • Anonymous says:

      I had decided not to respond to this debate but after reading the hateful tirade from those of you who are condoning gay marriage I feel compelled to respond and remind you that there are those of us who do not agree with you. Most of us believe that marriage should be between a man and a woman. You choose to believe otherwise and that is your perorogative. However, please remember that the U.K , has always held the belief that it is an internal matter and should be handled internally. If the U.K flips on us then we will insist on a referendum. It will be whatever the majority vote for and while if it passes those of us who do not agree will still not condone it but we will never curse or bad talk the individuals because we understand that they will be judged by the Great I AM. Please bear in mind that your shouting, and cursing of Christians and anything related to God and the Bible does not faze us, because we believe the Bible and we have read to the end of the book. We will lawfully and kindly do whatever we can do to not allow it, but if the majority deems otherwise we will accept it. We respectfully pray for your souls and hope that your anger will subside enough for you to understand our position. No one is stoping the two women to live as they choose but changing the definition of marriage is not for them to decide. Not being allowed to marry each other in the Cayman Islands has absolutely nothing to do with their human rights, no more than it is for a man and a woman to marry. It is simply a matter of choice and it certainly doesn’t matter whether one is a Caymanian or not.

      38
      32
      • Anonymous says:

        What business of yours is it if two women want to marry? You can practice you religion among yourselves. Why do you need to impose on those that find it comical?
        PS I don’t want to be saved or have a place in heaven kept for me.

        18
        27
        • Anonymous says:

          Wha? Youre trying to make it Law! Thats my business!

          26
          6
          • Anonymous says:

            Why? If you don’t like gay marriage then just don’t marry someone of the same sex. Why can’t you bigots stop telling other people how to live their lives?

            8
            3
      • Anonymous says:

        You do realize that this matter will be decided in a Caymanian court, based on the application of the Caymanian constitution, and almost assuredly in favour of recognizing Chantelle and Vicki’s relationship, correct?

        The LA is not the only body responsible for making and interpreting Cayman’s laws, nor is the interpretation of laws ever left to a vote of the people.

        5
        2
  10. Anon says:

    Hello Everyone.
    It is already on the books that gay couples can marry. They are getting married in the UK. This will happen in Cayman.
    Whether we want this or not does not matter.
    The Govt will lose if they go against this in court.
    Loser in Court pays costs.
    Just say yes to these civil unions because the partners of unions want their insurance covered like straight couples.
    Time brings changes and people should just mind their own business and let oters run their lives.

    32
    55
  11. Bertie : B says:

    Wishing you ladies nothing but happiness , Both are beautiful kind souls , as for the haters ? really man , get a life , your arguments are beyond ridiculous , how can two people in love destroy Cayman , how can many gay people getting married Hurt Cayman ? quite the opposite really , God Bless ya girls and welcome back home where your family belongs . By the way , when writing your opinions have the balls to show your names , if your a woman posting hate ? have the stomach to show your name , Hypocrites / Cowards ! and very ill informed .

    38
    52
  12. Anon says:

    Cue the religious hypocrits in 3, 2, 1…

    15
    46
    • Anonymous says:

      The Bible told them so. Apparently. Or more accurately some fly-over state fundamentalists with large financial backing skewed their beliefs to believing the Bible told them so.

      10
      34
  13. nauticalone says:

    I’m in agreement with the Chief Justice here to allow for Judicial Review.
    I’m also in full support of these ladies right to marriage here in Cayman, or at least for a mechanism for same sex Civil Unions being legal here in Cayman.

    It’s time we recognize and support love and equality for all!

    46
    78
    • George Towner says:

      The Chief Justice is one man. He can’t let his personal views, popularity, or let the gay lobby distort his judgement.

      Of course these ladies have rights, but rights do interfere with other people’s rights including children. So I hope he makes a good judgement.

      3
      3
      • Anonymous says:

        How does Vicki and Chantelle’s right, and the right of their child, to have their family recognized under the law interfere with any other people’s rights?

        5
        2
  14. Things Caymanian says:

    Fellow Caymanians do not support this spectacle this is nothing other than yet another minority seeking special rights and privileges. Which will enable other economic migrants to come here and take this same legal path with other sinister or harmful motives and agendas. Overwhelming our already shrinking rights and local customs and to usurp Cayman and its culture. You know they are not going to stop there! The lack of our own government’s apparent backbone to defend us or stand up against such things should be both a warning and a clear indication that this does not bode well for Cayman. Ask your self when last has this government ever done anything to help the Caymanian people.

    113
    65
    • Anonymous says:

      What special rights are they seeking???

      29
      63
    • Diogenes says:

      Newsflash:
      Gay Caymanians exist
      This ain’t about economic migrants or usurping Caymanian culture

      The fact that you include this “when last has this government ever done anything to help the Caymanian people.”
      Then turn around and advocate for the holding down of gay Caymanians

      51
      78
    • Anonymous says:

      “other economic migrants” Miss Day is born and raised here in Cayman.She is Caymanian by birth. She is not and economic migrant.

      34
      6
    • Anonymous says:

      “Ask your self when last has this government ever done anything to help the Caymanian people.” Apart from putting in place a discriminatory employment regime for locals that means only total losers cannot achieve way above their talent level?

      13
      20
    • Jotnar says:

      Other economic migrants? She is Caymanian you idiot.

      21
      17
    • Anonymous says:

      Very particular phrasing in this comment: “nothing other than yet another minority seeking special rights and privileges”

      Please do tell

      15
      9
    • JTB says:

      That obscure minority group ‘human beings’ seek the special right and privilege of being allowed to get married.

      Shocking and disgraceful, I know. The Christian God who commended his followers to love one another must be trembling with fury….

      15
      19
      • Hattie says:

        The same God who says to “love” also has other rules found in His word, the Bible. He created male and female with the ability to multiply the human race. Same sex couples cannot accomplish this. As many of you know, satan has a way of being opposite to what God is. So let’s see how that works out for sinners of any sin when judgement day comes.

        14
        19
        • Anonymous says:

          If a man or a woman is incapable of conceiving a child for any reason, should they be banned for marrying? Your logic says so. I guess sometime after puberty we will have to have all the children medically check to assure they can conceive. If not they must be put on a list to assure they do not marry.

          14
          10
        • JTB says:

          So no marriage for those over child-bearing age then Hattie?

          And how long do we give newlyweds to have children before we annul their marriage as having been obtained in bad faith?

          5
          7
  15. Anonymous says:

    For all the noise and turmoil that swirls around them, at the end of the day religions are little more than an excuse to be stupid and treat others poorly.

    Grow up Cayman. Side with love and progress over hate and fairy tales.

    56
    69
  16. Anonymous says:

    Like if your For – same sex marriage
    Dislike if your Against same sex marriage

    99
    145
  17. Anonymous says:

    If religious groups object they should be paying for the government to fight the case not the general public. Is the government going to pay for the ladies side of the legal fees? I am sure they will not. I do not want my taxis to pay to defend against something I believe in.

    Government knows they will lose why waste the money.

    46
    69
    • Anonymous says:

      You have a great point, and your downvotes are from the bible thumpers who think more downvotes = makes your point wrong.

      16
      56
      • Anonymous says:

        Not every down vote is a Bible thumper. There are enough sensible people in Cayman.

        Nice try !

        69
        8
    • Anonymous says:

      Sorry. The government represents the people and the people don’t want this. It is their JOB to defend us. That is why we elected them. By sitting on their hands they are self-preserving which is cowardly and shameful.We need better representation if we are to win this one because what we have are a bunch of spineless, self-important incompetents..

      58
      14
  18. Anonymous says:

    I try to see a difference between Cayman Christianity and extreme Islam.
    I just don’t see it….it’s the same to me.

    47
    61
    • Anonymous says:

      Apparently gay people are supposed to be eternally grateful that they don’t get stoned in the streets or something along those lines

      Cause that is the standard of discrimination and hatred necessary for Caymanians to admit something is wrong

      28
      23
  19. Disgusted of Sevenoaks says:

    My God is better than your God.

    26
    26
  20. Anonymous says:

    Liberalism destroys everything. Marriage, family units, children, education, science, sports, freedom, and most of all morality.

    66
    46
    • Anonymous says:

      Switch off Fox News and step away from the computer.

      37
      47
    • Anonymous says:

      Liberals are more like what Jesus preached. Christians can’t accept that because of their own wickedness.

      26
      25
      • Anonymous says:

        Hell yes! Where do they get off telling everyone what to do? Religious freedom is the choice to believe, or not believe, in whatever thing you wish too. It doesn’t mean that the so called righteous ( in their minds) can tell you or I what to do or not do. One day a brave politician is going to stand up to the churches and say, “ you know what? Your misuse of the scriptures for your own purposes, is pure hatred and lack of intelligence. F**k you”. Whoever that person is will win many votes and show the others they have no need to be afraid of Churches. Churches of any description should have no influence on government.

        13
        24
    • Anonymous says:

      SCIENCE?????

  21. Educate says:

    3:44,

    The MLAs legal advice is necessary, once same sex marriage is made into the law of the land, others laws will have to be enforced. Some of these laws will be against the rights of other people not gay!

    The MLAs would be fools not to weigh and tread carefully on this SSM matter. All like .. are we prepared for the government to enforce the teaching of this lifestyle in our pre schools? And so many laws. One law needs to another law. Anyone including an MLA that doesnt see this is not wise.

    149
    16
  22. Anonymous says:

    simple question for ‘caymanian christians’…. what would jesus do?

    26
    40
    • Anonymous says:

      Jesus would marry a man, lay with a man, and attempt to raise a family with another man.

      Of that I am certain.

      Any further questions?

      12
      47
      • Anonymous says:

        *not

        (I was wondering how CNS had allowed that comment – now I see why … and also now sympathise with Trump re Russia-Gaffe-Gate.)

        🙂

        CNS: For the record, it would have been allowed with or without the “not”.

        5
        5
  23. a friend to all says:

    Good for you girls! Chantelle Day is a good, kind, generous, humble, beautiful person. So much respect for you Chantelle!

    52
    66
  24. Carl says:

    I hope all that is for this to be successful are aware of the dangers of opnening this Pandora’s box. In some parts of the world there are religious beliefs and in law that a man can have more than one wife. There other parts of the world where girls at the age of 13 can legally become wives, there are parts too that still believe the colored people should still be slaves. I ask you CJ when you have set the precedence, what will you do when these other requests come before you? Will all the nay sayers against the Bible and the scriptures will say and do? The guy from Dubai or the guy from Virginia or the guy from Tennessee shouldn’t they have their human rights day in court too?Remember careful for what you wish for, this could be the start of the end of the Cayman Islands. The saying goes do as the Romans do when in Rome.

    90
    75
    • Anonymous says:

      It’s already a civil obligation you dinosaur!

      22
      29
      • Anonymous says:

        If it were a civil obligation, why is it necessary to go to court? Jackass.

        14
        11
        • Anonymous says:

          Er, to enforce the right against a government official who is refusing to comply with the obligation. If you’re not bright enough to work that out you may be the jackass.

          16
          11
    • Anonymous says:

      This is a Caymanian. A Caymanian that wants to be able to marry *one* other person in her *own* country, in the same way that you may marry one other person. All that Chantelle **a Caymanian** is asking is that she be allowed to marry that one other person in this world that she loves and with whom she has a child. This couple and their child are a *family*. A Caymanian family. Not a guy from Dubai or from Virginia or from Tennessee. They do not ask for more than what already exists for everyone else, i.e.marriage, and they ask for that because (1) the Cayman Islands government has refused to give them any alternative option, such as a civil union or a civil partnership and (2) the Cayman Islands government refuses to recognise a foreign same-sex marriage. It is the absence of any framework other than marriage and the refusal to recognise any same-sex marriage that will result in Cayman marriage becoming available to same-sex couples. That, I am afraid, will be the fault of Chantelle’s fellow Caymanian citizens and their elected politicians. It will not be the fault of Chantelle and Vickie.

      59
      66
      • Anonymous says:

        One being Caymanian is not the issue.

        11
        6
      • Anonymous says:

        I know a Caymanian that’s wants to be a drug lord and is currently in prison for murder, are you supporting him too?

        9
        15
        • Anonymous says:

          Comparing a law-abiding Caymanian who wants to marry the person she loves to a Caymanian drug lord sitting in prison, is not the same thing, you moron!

          25
          13
          • Anonymous says:

            Its still against the law… moron!

            7
            5
            • Anonymous says:

              You apparently do not understand how the Constitution works. If a law is in conflict with the Constitution, the law must be reformed. The marriage law, which does not recognize same-sex marriage, is in conflict with the Constitution. Therefore, the marriage law is INVALID. So the one breaking the law is the government here, in that they have passed and are attempting to enforce an invalid law that conflicts with the constitution.

              And just for good measure—moron!

              1
              2
    • Anonymous says:

      ‘when in rome’ nonsense…. drives me nuts….
      its like saying….when in nazi germany do as the nazi’s do

      28
      25
    • Anonymous says:

      How ridiculous. I suppose if you were living back in the day before inter-racial marriages were legal you would have assume this would “open Pandora’s box” to inter-specie marriages – this is the only analogy I can come up with that aligns with your absurd view. Has any other country who has legislated for equal marriage changed their laws to legalise paedophilia? The answer is NO because that’s not a relationship between two consenting adults. Please keep your future ignorant rhetoric to yourself. Love is love and two consenting adults should have the right equality and to not be discriminated against on the basis of their sexual orientation.

      46
      51
      • Anonymous says:

        When was it ever a sin to be black ?

        11
        18
        • Anonymous says:

          Owning a slave isn’t a sin.

          Abraham held slaves without God’s disapproval (Gen. 21:9–10). Canaan was made a slave to his brothers (Gen. 9:24–27). The Ten Commandments mention slavery twice (Ex. 20:10, 17). Paul commanded slaves to obey their masters (Eph. 6:5–8). Paul returned a runaway slave, Philemon, to his master (Philem. 12).

          Does that mean we should be calling for the return of slavery?

          1
          2
    • Anonymous says:

      Wow, never thought I would see the day that someone would imply that supporting gay rights will eventually lead to a resurgence of slavery. Those are some impressive mental gymnastics right there!

  25. Anonymous says:

    One day soon love, decency and respect for humanity will prevail in our country and our country will be better of for it.

    53
    57
  26. Anonymous says:

    For good or ill, the ECHR does not require states to allow same sex marriage. The convention does not say it, and the top court has so decided. Maybe you can find it in the Cayman constitution but if not you’ll need votes.

    38
    25
  27. Anonymous says:

    We as Caymanians had the opportunity to come to a reasonable arrangement with the LGBT community for ages
    We could have sat down and hashed out an agreement that could have been fair and equitable for both sides, but instead we sat down hurling insults at them and declaring “It would never happen”
    and now the time has come where the judiciary will make the decision for us whether we like it or not, and we will act surprised and scream bloody murder
    The government has had years literal years to sort this situation out, instead they were playing chicken and hiding their heads in the sand

    We don’t have to like them, or agree with what they do but at the end of the day they are entitled to the same rights as any one of us

    Well now it is time to put up or shut up

    74
    83
    • Anonymous says:

      So who should put up and who should shut up? Please specify?

      32
      4
    • Anonymous says:

      I’m sorry but you cannot have the tail wagging the dog.

      12
      4
    • Anonymous says:

      CIG needs the courts to decide so that when they lose they can say “it wasn’t us, we were against it” to the voting public. So instead of having the testicular fortitude to say “guys, this is a lost battle, let’s accept gracefully”it will probably cost us collectively millions for the same result and cause the ladies and their God given child a lot of anxiety along the way. Politics is bollocks.

      6
      18
  28. nickcayman says:

    Lord Ahmad stated that there “was no double standard as the government had not wanted to impose the registers”, and continued to insist that he did not support that imposition and he continued to support the autonomy of the territories over same-sex marriage.

    Lord Ahmad needs to be reminded that the elephant sized double standard is the lack of Parliamentary representation in London for citizens of England’s colonial possessions.

    20
    50
    • Anonymous says:

      I think that’s essentially the point Lord Ahmed was making that the UK parliament has no place interfering in the legislative affairs of the BOTCs. He’s a friend of Cayman.

      30
      4
      • Anonymous says:

        If Lord Ahmad wants to stay out of it, say thank you and wish him well. We need to handle this one ourselves.

  29. Anonymous says:

    Of course we already know the outcome.
    (See the Dreadlock Student case from over a decade ago, and the recent Kimpton Ganja Burgler Awaiting a Work Permit case)

    17
    9
  30. Anonymous says:

    2 options:
    A Gay Wedding is possible, as this is a civil ceremony, but is not Biblical.
    A Gay Marriage is Impossible – for Marriage is a God-Ordained Institution (with God being the 3rd Party in the union).

    73
    34
    • Anonymous says:

      Except no one religion can claim to have originated the idea of marriage, not to mention for a couple hundred years churches wanted nothing to do with it

      Putting a christian spin on it doesn’t make it your’s sweetie

      for example
      You can take someone’s car off the street and put a new coat of paint on, doesn’t mean you own it, you just changed how it looked

      71
      15
      • Anonymous says:

        Marriage has existed for “a couple hundred years” you say?
        Nope…It’s been here for thousands of years before that!
        Eg read: http://theweek.com/articles/528746/origins-marriage

        5
        2
        • Anonymous says:

          The best part about taking a quote out of context right next to the quote is everyone can see how stupid you are

          The writer clearly said “not to mention for a couple hundred years churches wanted nothing to do with it”
          Which is true by the way
          The church was not interested in marriage until they figured out they could use it as another way to control the populace of Europe like they used mass
          and bibles exclusively in latin (so that the masses cannot read them, essentially controlling the masses by controlling the messaging from the inmception)

          3
          2
        • Fred the Piemaker says:

          That’s not what he said. OP said “for a couple of hundred years churches wanted nothing to do with it”. Do try and read an OPs comments before mocking them.

    • BeaumontZodecloun says:

      No, those are YOUR options, and you don’t have the right to try to impose them on anyone else.

      What we are talking about is simple equality and human rights. These women want the same rights that you and I enjoy, and nothing less. Our constitution guarantees them those basic human rights and thus I am always shocked when people like you try to rewrite Scripture to trump legislation.

      Following YOUR proclamation would be like allowing Sharia law to supersede Cayman laws — it isn’t applicable, don’t you get that? Your opinions are not compatible with the law.

      God made them, just like you and me. Why wouldn’t He want them to be happy? Why wouldn’t you? Why is it your or my business anyway?

      p.s. the first two questions are rhetorical.

      46
      63
      • Anonymous says:

        They are not asking for equal rights. They are asking to be treated as an endangered species with special privileges that supercede the average heterosexual person.

        25
        58
        • Anonymous says:

          What utter rubbish. Justify your statement.

          13
          7
          • Anonymous says:

            Does a straight man or woman have the legal right to walk into the other gender’s public restroom? No. So why are trannies being allowed to do it?

            • Anonymous says:

              I realize this whole thing is obviously very complicated for you but wanting to get married is not the same thing as wanting to use the loo. (And being a lesbian is not the same thing as being a “trannie” you moron.)

        • Diogenes says:

          Special privileges?
          Please do tell

          14
          9
        • Anonymous says:

          Tell them like it is. Love it.

          5
          4
        • Anonymous says:

          I too can’t believe that women were given the special privileges of owning property or the right to vote. What rubbish!

          ::sarcasm::

      • Anonymous says:

        So then..how does that work? You say I can’t express/impose My opinions; but only You have the right to try to impose your views on anyone else.
        Righttt…very liberal of you sweetie.

        17
    • Anonymous says:

      Marriage had nothing to do with god it has always been for economic reasons.

      24
      74
      • Anonymous says:

        Marriage has everything to do with God. It is his way of punishing men.

        13
        8
        • Anonymous says:

          Oh boo-hoo does someone have a wife they don’t love? Or maybe you are gay? When you realize that then you might find someone you enjoy a lot more.

          1
          4
    • Anonymous says:

      Merriam-Webster Dictionary:

      “Definition of marriage
      1 a see usage paragraph below : the state of being united as spouses in a consensual and contractual relationship recognized by law
      b : the mutual relation of married persons : wedlock
      c : the institution whereby individuals are joined in a marriage
      2 : an act of marrying or the rite by which the married status is effected; especially : the wedding ceremony and attendant festivities or formalities
      3 : an intimate or close union”

      I see no mention of religion at all: any religion. Also note that in many church ceremony they say ” holy matrimony” or Holy marriage”. The word holy would not be needed if there were no other types of marriages. Even they by inference accept that other types exist.

      18
      5
  31. Anonymous says:

    Can we, the voters, file an injunction against the CIG to prevent them from wasting public cash to fight what is already a civil obligation? Please, enough of the wasting of OUR cash on THEIR bad legal advice! Thx.

    63
    63
  32. Anonymous says:

    Will LGBTQ+ persons also be given equal protection under the law from discrimination? (which currently does not recognize them as a minority likely to be discriminated against)
    It should not be legal or possible for someone to be fired for being gay for instance (the laws seems ambiguous at best and as far as I can tell there seems to be nothing in relation to instances of discrimination toward that group)
    We should not wait for a court case to force this precedent as well, we need to be proactive

    35
    40
  33. Anonymous says:

    Fantastic news

    32
    53
  34. Anonymous says:

    Anthony and Alva are going to lose their minds

    47
    70
    • Anonymous says:

      Alva said he wanted a referendum because introducing same sex marriage or recognizing civil unions was such an important decision that the people should have a right to vote which way the country should go. If there is a desire to change then it should be reflected in the vote. Same goes for the construction of the port.

      Personally, I believe civil unions should be recognized. I believe the amendments to the related Immigration, Pension, Health Insurance, Intestacy etc laws should be made to reflect the recognition and be done with it. Equalising their rights doesn’t erode ours and if it is a sin then they will face whatever they face as I will for my sins.

      Even more importantly, I believe marriage is an outdated social construct and I wouldn’t encourage anyone to waste their time or money getting married but hey if homosexuals want to be as miserable and sexless as heterosexuals then let em

      9
      3
  35. Anonymous says:

    Can’t wait for the pride parades!

    35
    60
    • Anonymous says:

      I wouldn’t celebrate too soon. Judicial review does not equate to changing the constitution of the cayman islands. I am not sure the CJ has the power to do that. This will have to go to a referendum !!

      33
      11
      • Anonymous says:

        The CJ has the power to change the law in relation to legislation passed before the new constitution was adopted. The marriage law was passed before.

        11
        5
      • The Constitutional Critic says:

        Once Governor Choudhury returns
        It will be 2 branches of government against the LA’s position (CJ representing the judicial, and the Governor representing the executive)

        Even if the Government attempts to change the constitution to specifically outlaw gay marriage the Governor could refuse to sign/veto it

        The legislature in Cayman is not supreme
        Which is another reason why the Government is fighting to have the Governor’s powers curbed making him nothing more than a empty title
        He is the wild card they cannot control and thus they cannot truly rule supreme
        Alden and Mckeeva might be inside the Ivory tower but they are not currently at the top floor

        5
        14
  36. David Shibli says:

    Has it ever occurred to you that the inspiration behind the Bible and the subsequent mission of Jesus Christ is worth consideration?
    He came to give us salvation. Every living soul needs salvation. Jesus Christ gave His own life that we could be saved.
    This is not a message of hate. This is the Gospel, this is good news.
    Our lives can be enriched here on Earth and forever in Eternity by simply receiving the message of the Saviour. No religious affiliation is necessary.

    We condemn ourselves by rejecting our Creator.

    I know many people will be upset with me for posting this, but at the end of the day, it does not matter.
    What matters is what you do with your lives.

    I wish everyone that reads this all the best. Life is temporary. Eternity is forever. This is a simple fact.

    None of us make the rules. Some of us accept and some of us reject.

    This is how it is.

    Peace and blessings to all.

    33
    53
    • Anonymous says:

      No, it hasn’t. Thanks for asking

      26
      13
    • Anonymous says:

      Not upset about it. More like irritated.

      12
      7
      • Anonymous says:

        Why would you be irritated about good news?

        3
        8
        • Anonymous says:

          Because you lot insist on shoving it down everyone’s throats, and demonize anyone who refuses to swallow your load of fairytales!

          10
          4
          • Anonymous says:

            No one “shoved” anything. You are free to read, accept or reject. You have made your decision, I have made mine.
            There is no “shoving”.I do not treat you different because you do not believe what I believe and neither should you do to me.

            9
            5
            • Anonymous says:

              Isn’t the whole argument against recognizing their marriage completely structured around it being against Leviticus? “You can’t love each other like that because I don’t like it, and you’re ungodly because it goes against the old testament.”

              Yet Exodus 31:14 instructs you to kill McRuss workers who work 24/7 on the Sabbath, but you turn a blind eye to that because it doesn’t fit your personal agenda.

              1
              4
              • Anonymous says:

                How did you suddenly get so religious? Straining the gnat and swallowing the camel.
                I will tell you what, let’s just agree to disagree and let the passage of time deal with both of us?
                Fair enough?

        • Anonymous says:

          Good news would be people treating each other, regardless of their differences, with kindness and respect. Not this sanctimonious bull crap that Christians (or any other religious nuts) spew. The idea that someone else had to offer their life for your transgressions, removes the accountability of Christians to behave like decent people. It’s okay to hate of gay people, for example, because Jesus died for my sins and therefore I am forgiven. I can be a complete and utter asshole in this life, because Jesus has saved me. Ugh!

          9
          3
          • Anonymous says:

            Funny, I do not see hate mentioned here.
            If that is how you perceive, then that is your free choice.
            God does not make robots.

            I know where you are coming from. I remember arguing with a pastor years ago and calling him a hypocrite because of his “Jesus saves” story.
            Well it is true. Jesus does save and I was wrong.
            I used to hate Christians.
            To me, the gospel is good news.

            Peace to you.

            4
            10
            • Anonymous says:

              I don’t hate anyone. I respect everyone, even Christians. What I don’t respect is ideologies, doctrine, beliefs and ideas. Those should be questioned and dissected at all times. How are we as a human race ever going to improve if we allow our minds are enslaved in such a way? Those who can make us believe in absurdities, can make us commit atrocities. I am guided by my conscience. Do no one harm. Religion harms people in the most unspeakable ways.

              3
              5
              • Anonymous says:

                Daft as a brush.

                • Anonymous says:

                  Really now. Not as daft as those who make up a story about a spooky father figure just to make themselves feel better or more superior than the rest of us…..AND then demand that everyone live their lives by those made up rules.

              • Anonymous says:

                Even Christians, eh? In a Christian country that is pretty darned rich.
                Tell you what, go to Dubai and start posting your shit on dubainewservice.com and see how far you get.

                1
                1
                • Anonymous says:

                  Ooooh, touched a nerve did I? There’s that Christian love you are all so well known for. am not in Dubai. I am a Caymanian in Cayman so I can post any shit I like, thank you very much.

                  • Anonymous says:

                    As you did. No nerves touched. Just a point made. Thanks for publishing on your anonymous moniker. I know you as you know me. lol.

              • Anonymous says:

                “I respect everyone, even Christians. What I don’t respect is ideologies, doctrine, beliefs and ideas.” Christianity is an ideology with doctrine held together by belief. Sooo.. that’s kind of contradicting.

    • Judean Peoples Front says:

      Right on brother. We stand with you in belief and thought as probationary martyrs to the cause.

      7
      6
  37. Anonymous says:

    Government, do not waste my tax money fighting this in court. Make the changes to allow civil unions and move on. Our country has other more important thing s for you to focus on.
    Marriage/unions are about love not want gender a person is.

    63
    78
    • Anonymous says:

      You’re absolutely right. We let these two women down. When we first heard of their plight, we should have organised a petition.

      I don’t want my duty dollars spent on fighting civil rights that are already guaranteed us in existing legislation.

      45
      67
  38. Anonymous says:

    tek dat bible thumpers! Make love, not war. they na hurting anyone except your fragile feelings.

    76
    82
  39. Anonymous says:

    Looking forward to a successful outcome for this family. I can’t wait to shake their hand when they are here.

    76
    83
  40. Anonymous says:

    Good work ladies!

    Embarrassing that our politicians as so spineless that they would rather fight and lose (at our expense) than demonstrate some leadership on this issue and provide for equality.

    78
    101
  41. Anonymous says:

    get ready for all the “holier-than-thou” bigoted comments from the ever-loving Cayman Christians in 3… 2…1…

    53
    85
  42. Diogenes says:

    ad Victoriam

    Diogenes

    22
    77

You can comment anonymously. Please read the CNS Comment Policy at the top of this page.

This site uses Akismet to reduce spam. Learn how your comment data is processed.