Chief justice legalises gay marriage
Chantelle Day (left) and Vicky Bodden
(CNS) UPDATED WITH FULL STORY: In an historic landmark ruling for the Cayman Islands, Chief Justice Anthony Smellie has legalised same-sex marriage. In his judgment delivered on Friday in the human rights case filed by Chantelle Day and Vicky Bodden, who had been refused a marriage licence because they are a same-sex couple, the country’s senior judge found in their favour for all of their claims and made the decision not to allow “the violation of the petitioners’ rights to continue”, and for the “indignities” that they and their daughter have been subjected to be “put to an immediate end”. He therefore ordered the modification of the law, instantly legalising gay marriage in Cayman.
Chief Justice Smellie found that in refusing them a marriage licence the government had breached several of their human rights, including the right to a private family life and freedom of expression, and that it had discriminated against them on the basis of their sexual orientation, also violating the women’s rights as enshrined in the Cayman Islands Constitution.
The chief justice outlined in his ruling that no justification had been established by the government in its response to the petition to sustain what he said was the “severe form of discrimination”.
He said the while it was perhaps an unintended consequence the 2008 amendment to the marriage law with the religious aim of maintaining marriage as the exclusive privilege of heterosexuals, the effect had been to “impose indignity, inequality of treatment and inequality of legal status upon same-sex couples”.
He also made it clear that many inequities have existed in the name of tradition but neither tradition nor religion could form the “rational basis for a law”, and he pointed out that marriage is a secular institution.
Explaining the power the court had to remedy the situation for the petitioners, the chief justice said that the legislature had chosen not to open the marriage law to same-sex couples or to pass legislation conveying the same rights for civil partnerships, and so it fell to the judicial arm to resolve the issue.
He said it was settled case law that the court has the power to make legislation which breaches the constitution, as he found was the case with the marriage law, compliant with the Bill of Rights.
He said the court was bound and had a duty not to allow the discrimination to continue, as he ordered a change of wording to the marriage law; it should now read: “marriage means the union between two people as one another’s spouses”, instead of “between a man and a woman” and substituting the words “wife” and “husband” with “spouse” in other relevant parts of the legislation. This immediately paves the way for Day and Bodden to marry.
The judge also made it clear that the government had been given opportunities to remedy the discrimination well before the women took legal action. But even after Day and Bodden had written to the governor and the government asking them to provide, at the very least, access to civil partnerships or some form of solution that would convey similar rights as marriage to same-sex couple and avoid the need for the women to turn to the courts, the authorities failed to act.
“By any objective measure it must be regretted that such efforts at finding a non-litigious resolution did not bear fruit,” the chief justice found in his ruling.
As he concluded the executive summary of his decision Friday, he said that the process of modifying the marriage law to bring it into compliance with the Constitution did not threaten the institution of marriage but that the “institution is strengthened” and that “our constitutional democracy will itself be strengthened by the affirmation of the state’s obligation to respect fundamental human rights”.
As the chief justice left the court following the decisive ruling, the packed courtroom was awash with emotion, as the many friends and supporters of Day and Bodden broke into applause. The women were clearly overcome as the chief justice had effectively found fully in their favour; with a stroke of his pen he had removed the discrimination the women and their daughter were battling and introduced marriage equality to the Cayman Islands.
Local attorney Ben Tonner QC, who represented the two women, said they were delighted that their relationship has been recognised at long last. “The chief justice’s decision demonstrates in unequivocal terms that the rule of law and the democratic values of human dignity, equality and freedom are alive and well in the Cayman Islands,” Tonner added.
Speaking to CNS after the event Chantelle Day said simply, “Love wins.”
But she also thanked many people who had helped them, especially Dr Leo Raznovich, who had helped them the whole way through the process and helped pull together a “passionate and dedicated legal team who were willing to go above and beyond”, as well as all the people who helped them fund the legal petition.
Given the sensitivity of the case, the couple have been described by many people as “heroic”, being the first to push this type of case. Day said that they didn’t feel like heroes but that they had seen a legal path to gain access to the rights they were being denied.
“We felt it would only take a matter of someone being willing to stand up publicly and challenge it for us to be successful,” she added.
Raznovich has been a tireless advocate for rights of the LGBT community and marriage equality since his own case, where he had at first been denied the right to be dependent on his husband’s work permit, despite the fact that the men were legally married.
The former law school professor and his husband successfully appealed the Immigration Board’s decision and paved the way for non-Caymanian gay couples who were married lawfully in other countries to have their marriages recognised for the purposes of immigration. But Raznovich had been well aware of the irony that local gay people were still excluded from any form of marriage equity and continued to campaign.
Speaking about the outcome on Friday, he said, “Today the Cayman Islands made important progress towards equality and becoming a fairer society. In time, this decision will be seen as a victory for all. Right now, however, we celebrate that Chantelle and Vickie have acquired the freedom to love one another with dignity in the eyes of the law. My husband, James Reeve, and I wholeheartedly wish them both, and their respective families, a future together full of love, health, happiness and mutual respect.”
The full detailed and comprehensive judgement in the case is expected to be available on the court website shortly.
Category: Local News
Congrats to you both Chantelle Day and Vicky Bodden. Finally we in the LGBT community can have the same rights. I have said this on many occasions on here, that anyone who isn’t willing or won’t put their name to a comment shouldn’t be allowed to voice their concerns. With that said, let me say this. As a Gay Caymanian man who has lived the past almost 7 years fighting for the hate, stigma, discrimination in this country of mine. Karma has a way of finding it’s way back to those in these islands at some point. Now I certainly hope that all the palaces aka Churches being built on these 3 islands will do one thing. Shut up and let yes live our lives. This is just the beginning. They Cayman Islands Government has repeatedly put in writing via letters and emails. From the NAU Director, Miss Tamara Hurlston the Chief Officer Ms. Theresa Echinique in The Ministry of Community Affairs to Mr. Austin Harris MLA for Prospect and also The Human Rights Commission Of The Cayman Islands to deny me and accuse me of having, an aunt, a sister who was assisting me. Going as far to say, that my Human Rights have not be vilolated. Thus forcing me to apply to The Pension Board to get access to my pension to live.
I have been told by Mr. Austin Harris and Ms. Teresa Echinique who herself promised me verbally on a phone call back in late 2017, that I would have no issues getting the 3 basic Human Rights to sustain me. Those are Health Insurance, which has to be accessed eveve 3 years, Housing Assistance and Food Assistance. As far as I know The Cayman Islands Government has to by law provide these 3 basic Human Rights for Caymanians who have been diagnosed with The HIV VIRUS. Yet in March of 2018, it was put in writing that housing and food would be stopped. Now tell me how can these people honselty go to bed at night and sleep.
Well the time has come for The Cayman Islands Government to honour it Human Rights obligations, to which they have been subject to since the 1950’s. So hear this. To Mr. Alden McLaughlin Premier Of The Cayman Islands. If the powers that be can’t do the right thing. Then its high time that this too be heard in The Courts Of The Cayman Islands. This country can’t continue down this path, ignoring its most vulnerable Citizens. Just like all the work permit holders who are granted work permits. I too have 3 basic HUMAN RIGHTS. I WOULD HOPE THAT AFTER THIS RULING TODAY. SOMEONE IN GOVERNMENT REACHES OUT TO ME TO FIX THESE URGENT INJUSTICES. OTHERWISE I TOO WILL BE GOING TO THE COURTS TO GET IT RESOLVED.
What good is being a Citizen of this country, if you can’t find work or get the assistance needed to live, till your able to find employment. PENSION IS FOR RETIREMENT, NOT TO BE USED TO LIVE DAILY.
Thank you kindly, and once again. A BIG CONGRATS TO Chantelle Day and Vicky Bodden on your victory.
Signed,
Chet Oswald Ebanks.
I hope the church will not be forced to marry people
Since some fools are saying “Welcome To The 21st Century” unna better back Smellie in passing some other things here also!!! Some things like a strip club (not pg13 like Mariposa either), bars/clubs being able to stay open however late they want for everyday of the week, pimping, gambling, prostitution, nude beaches, legalize ganja and I can keep going on and on…. So come on lets go Cayman!!!! Lets go into the 21st Century at Full Throttle!!!!
I don’t see the connection between the rights of homosexual couples to marry and any of the things you’ve listed in your comment. That said, I support the government making way for strip clubs, extension of bar/club hours and nude beaches. I am neither for or against pimping/gambling/prostitution or the legalization of marijuana.
Not against gay marriage but what does this act against the constitution which represents the voices of the people of these islands say. This landmark case also opens the door to say that our constitution on a whole is not good and should be challenged which means that the peoples voices are not good enough.
Read the judgment.
The Constitution explicitly protects the rights of people to marry persons of the opposite sex—that is true. But that provision says NOTHING for or against the right of people to marry persons of the same sex.
The CJ correctly interpreted the other protections of every person’s rights to a private and family life and every person’s rights to be free from discrimination that are ALSO enshrined in the Constitution to include every person’s right to marry a person of the same sex.
There is no subversion of the will of the people here. The people voted for those rights just as much as they voted for the explicit protections of the right to marry persons of the opposite sex.
This is why we Caymanians with backbone in charge of our country’s future. How can a foreign judge dictate what is right or wrong for us culturally? This is asanine and highly egregious.
Notice no comment from the politicians or the Ministers Association?
Something smells really foul around here.
So are you saying that LGBT people are not Caymanians and don’t have a right to determine their future as well as any heterosexual Caymanian can? Or did you just post the first uneducated, bigoted response that came to your clearly church-washed mind? If anything LGBT people have more backbone than most, because they have to stand up to bigots like you, who hide behind the Church Doors and think they’re all that’s right in the world, in order to be able to win some of the most basic Human Rights. Then when they do win these rights, and ignorant people like you realize you don’t have any say in it at all, you get all defemsive and go throw a tantrum like the small minded child you are. Must be hard feeling like you’re in charge of anything, then realizing you’re nothing more than a five year old shaking your fists because you didn’t get what you wanted; at the end of the day you clearly don’t understand how Human Rights work. How can you be in charge of any future when you don’t even understand the future or how anything works at all? You simply aren’t, can’t and never will be. Period.
I am a Christian but I read the bible through the historical and cultural lenses ad recognise the time in which it was written. I believe in God but I think a lot of his word by the time written and amended in SO many different bible versions, was affected, naturally, by the will of the people writing it and the rules of the early church etc.
If anyone on here making derogatory remarks about homosexuals is or knows a divorced person, or is or knows a person born outside of marriage, or fornicates or knows a fornicator – please be aware that those are all sins equal to homosexulaity in the bible. I along with I am guessing the majority of Cayman’s unmarried population was guilty of having sex before marriage – fornicating – for a good number of years before marrying. So many of my fellow Caymanians have children outside of wedlock. About 50% divorce rate. My point is – all of these things are human and societal constructs. The soul and its energy and God are SO much bigger than any of these petty human rules.
The remainder of below is from AltNet:
“Some Bible-believing Christians play fast and loose with their sacred text. When it suits their purposes, they treat it like the literally perfect word of God. Then, when it suits their other purposes, they conveniently ignore the parts of the Bible that are—inconvenient.
Here are 11 kinds of verses Bible-believers ignore so that they can keep spouting the others when they want to. To list all of the verses in these categories would take a book almost the size of the Bible; one the size of the Bible minus the Jefferson Bible, to be precise. I’ll limit myself to a couple tantalizing tidbits of each kind, and the curious reader who wants more can go to the Skeptic’s Annotated Bible or simply dig out the old family tome and start reading at Genesis, Chapter I.
1. Weird insults and curses. The Monty Python crew may have coined some of the best insults of the last 100 years: Your mother was a hamster and your father smelt of elderberries. But for centuries the reigning master was Shakespeare: It is certain that when he makes water his urine is congealed ice. Had John Cleese or William Shakespeare lived in the Iron Age, though, some of the Bible writers might have given him a run for his money. Christians may scoot past these passages, but one hell-bound humorist used them to create a biblical curse generator.
She lusted after her lovers, whose genitals were like those of donkeys and whose emission was like that of horses. Ezekiel 23:20 NIV
You will be pledged to be married to a woman, but another will take her and rape her. You will build a house, but you will not live in it. You will plant a vineyard, but you will not even begin to enjoy its fruit. Your ox will be slaughtered before your eyes, but you will eat none of it. Your donkey will be forcibly taken from you and will not be returned. Your sheep will be given to your enemies, and no one will rescue them. . . . The Lord will afflict your knees and legs with painful boils that cannot be cured, spreading from the soles of your feet to the top of your head. Deuteronomy 28:30-31,35
2. Awkwardly useless commandments. The Bible is chock-a-block with do’s and don’ts. Some of them are simply statements of universal ethical principles, like do to others what you would have them do to you, or don’t lie, or don’t covet your neighbor’s possessions. But from a moral standpoint most of them are simply useless or even embarrassing—especially if you think God could have used the space to say don’t have sex with anyone who doesn’t want you to, or wash your hands after you go to the bathroom.
Do not wear clothing woven of two kinds of material. Leviticus 19:19
Ye shall not round the corners of your heads. Leviticus 19:27
3. Silly food rules. The early Hebrews probably didn’t have an obesity epidemic like the one that has spread around the globe today. Even so, one might think that if an unchanging and eternal God were going to give out food rules he might have considered the earnest Middle-American believers who would be coming along in 2014. A little divine focus on amping up leafy green vegetables and avoiding sweets might have gone a long way. Instead, the Bible strictly forbids eating rabbit, shellfish, pork, weasels, scavengers, reptiles, and owls. As is, Christians simply ignore the eating advisories in the Old Testament, even though they claim that edicts like the Ten Commandments and the anti-queer clobber verses still apply.
All that have not fins and scales in the seas, and in the rivers, of all that move in the waters, and of any living thing which is in the waters, they shall be an abomination unto you. Leviticus 9:10
Thou shalt not boil a kid in its mother’s milk. Exodus 23:19
4. Holy hangups about genitals. God, or the Bible writers, is hung up about sexual anatomy in a way many modern Christians, fortunately, are not.
When a woman has a discharge, if her discharge in her body is blood, she shall continue in her menstrual impurity for seven days; and whoever touches her shall be unclean until evening. Everything also on which she lies during her menstrual impurity shall be unclean, and everything on which she sits shall be unclean. Leviticus 15: 19-20
When men fight with one another, and the wife of the one draws near to rescue her husband from the hand of him who is beating him, and puts out her hand and seizes him by the private parts, then you shall cut off her hand. Deuteronomy 25:11-12
5. God’s temper tantrums. Modern Christians may talk about God as a loving father, or even a Jesus buddy, the kind you’d want to play golf with, but in reality Bible-God goes out of his way to be intimidating. Worse, he appears to lose control of his temper at times, lashing out like an oversized thwarted three-year-old; and his earthly representatives—including Jesus—do the same.
Elisha went up to Bethel. As he was walking along the road, some boys came out of the town and jeered at him. “Get out of here, baldy!” they said. “Get out of here, baldy!” He turned around, looked at them and called down a curse on them in the name of the Lord. Then two bears came out of the woods and mauled forty-two of the boys. 2 Kings 2:23-25 NIV
Early in the morning, as Jesus was on his way back to the city, he was hungry. Seeing a fig tree by the road, he went up to it but found nothing on it except leaves. Then he said to it, “May you never bear fruit again!” Immediately the tree withered. Matthew 21:18-22 NIV
6. Times when the Bible God is worse than Satan. In the Bible, Satan is described as a roaring lion who prowls the earth, seeking whom he may devour. But if you actually read the stories, Satan doesn’t do much other than to tempt people into disobeying the dictates of Yahweh, who acts like a heavenly dictator with borderline personality disorder. God, by contrast, professes his undying love, kindness and mercy, but then commands his minions to commit brutal atrocities when he isn’t up for it himself. Some of the stories are so bad even Hollywood, with its passion for glorious biblical sex and violence, won’t touch them, especially the plentiful Bible stories about sexual slavery and human sacrifice.
Now therefore, kill every male among the little ones, and kill every woman who has known man intimately. But all the girls who have not known man intimately, spare for yourselves. Numbers 31:17-18
He [Josiah] executed the priests of the pagan shrines on their own altars, and he burned human bones on the altars to desecrate them…. He did this in obedience to all the laws written in the scroll that Hilkiah the priest had found in the LORD’s Temple. Never before had there been a king like Josiah, who turned to the LORD with all his heart and soul and strength, obeying all the laws of Moses. And there has never been a king like him since. 2 Kings 23:20-25 NLT
7. Instructions for slave masters. The reality is that the Bible says much more in support of slavery than against it. Even the New Testament Jesus never says owning people is wrong. Instead, the Bible gives explicit instructions to masters and slaves. Awkward.
You may purchase male or female slaves from among the foreigners who live among you. You may also purchase the children of such resident foreigners, including those who have been born in your land. You may treat them as your property, passing them on to your children as a permanent inheritance. You may treat your slaves like this, but the people of Israel, your relatives, must never be treated this way. Leviticus 25:44-46 NLT
Slaves, obey your earthly masters with deep respect and fear. Serve them sincerely as you would serve Christ. Ephesians 6:5 NLT
8. Bizzare death penalties. Years ago, I wrote an article titled, “If the Bible Were Law Would You Qualify For the Death Penalty?” It identified 35 different offenses that earn a person capital punishment in the Bible. Hint: You probably qualify. And so does the dog who belongs to your kinky neighbor.
If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. And all the men of his city shall stone him with stones, that he die. Deuteronomy 21:18-21
If a man has sex with an animal, he must be put to death, and the animal must be killed. Leviticus 20:15 NLT
9. Denigration of handicapped people. The yuck factor is probably wired into humanity at the level of instinct, a way to avoid contamination and pathogens. Shit smells bad to us, as does decaying flesh. Our revulsion at illness and injury fuels a whole Hollywood horror industry. The Bible writers had the same instincts, but unlike modern health professionals, who have the benefit of germ theory, they had no idea what was contagious and what wasn’t, and they blurred the ideas of physical purity with spiritual purity. Modern Christians largely escape their denigration of physical handicaps.
No one whose testicles are crushed or whose penis is cut off shall be admitted to the assembly of the LORD. Deuteronomy 23:1 NRSV
Whosoever … hath any blemish, let him not approach to offer the bread of his God. For whatsoever man he be that hath a blemish, he shall not approach: a blind man, or a lame, or he that hath a flat nose, or any thing superfluous, Or a man that is brokenfooted, or brokenhanded, Or crookback, or a dwarf, or that hath a blemish in his eye, or be scurvy, or scabbed, or hath his stones broken … He shall not go in unto the vail, nor come nigh unto the altar, because he hath a blemish; that he profane not my sanctuaries. Leviticus 21:17-23 KJV
10. Moral edicts that demand too much. If much of the Bible gets ignored because it is morally irrelevant, immoral, outdated, or factually wrong, another portion gets ignored because it sets the bar too high, like putting divorce on par with—omg—homosexuality. If you want to send a conservative Bible-believer into a froth, try suggesting Jesus was a socialist. Then, when he goes all Jehovah on you, quote from the book of Ephesians.
Anyone who has two shirts should share with the one who has none, and anyone who has food should do the same. Luke 3:11 NIV
Nor should there be obscenity, foolish talk or coarse joking, which are out of place. Ephesians 5:4 NIV
11. Passages that are a waste of brain space and paper. Some years ago I worked on a website called Wisdom Commons, a library of timeless quotes and stories from many traditions. I had the idea that I would go through the Bible and pull out bits that were relevant, so I started reading.
What I found was that most of the Bible was neither horrible nor inspiring. It was simply dull and irrelevant: long genealogies written by men obsessed with racial purity; archaic stories about ancient squabbles over real estate and women; arcane rituals aimed at pleasing a volatile deity; folk medicine practices involving mandrakes and dove’s blood; superstition that equated cleanliness with spiritual purity and misfortune with divine disfavor; outdated insider politics.
So….congratulations to these two young ladies and I wish them happiness.
As I wish my divorced cousin who is a great guy, happiness.
And my other fornicating cousin who is in a serious relationship with her long term boyfriend – I wish them happiness too.
Also the colleague who has children for a baby father who is not her husband – those illegitimate/bastard (yucky term) children, I wish them happiness too.
To all of us with our human differences and interpretations, frailties and commonalities…happiness.
I don’t understand this.
Caymanians voted for a Constitution that protects the right of every Caymanian to be free from discrimination under the law and the right of every Caymanian to have a private and family life.
Doesn’t that include gay Caymanians? Or were we just voting for those protections for some Caymanians but not all?
Now who will you sue next to force them to marry you you?
“Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter! Woe unto them that are wise in their own eyes, and prudent in their own sight!” (Isaiah 5:20-21)
I believe in the Almighty. Many people today DON’T. I think the Chief Justice of the Cayman Islands, has proven himself.
This is a sad day for those who stand up for absolute morals.
Peter 2:18 Slaves, in reverent fear of God submit yourselves to your masters, not only to those who are good and considerate, but also to those who are harsh.
Not the same trans atlantic slavery, smh
Oh, so biblical slavery is “good” slavery and transatlantic slavery was “bad” slavery?
You sir, need to study what biblical slavery was, before you cast a judgement. It was not the same like Egyptian or chattel slavery! Study more.
Can we just all agree that there is no invisible sky fairy and we should all get along. Wouldn’t that be nice?
Love one another, as I have loved you … By this shall all men know that you are my disciples.
Well… you’re in the minority.
With all the fornication among Christians and Christian pedephilia yiur concerns are invalid. LOVE conquers ALL
Woe unto them who believeth in mans written words more than God himself. You have wasted your life by stopping at the bible and going no furthereth. Nash those teeth. Whine and cry out. Why have you forsaken me in my time of need o great book of contrary sayings. This is a sad day for those who stand up for a religion but not a God. Happy day for everyone else.
what would jesus do?
He still trying to get over the wall. MAGA!
Don’t you folk have any different arguments by now
isn’t recycling these same lines every 50 years kinda tiring
There are still people alive who remember hearing how desegregation would be the end of America and that
The constitution that the people of the Cayman Islands voted for was very clear, the government cannot discriminate based on very limited circumstances ( your personal religious leanings or ideas do not qualify as reason to discriminate)
Ta ta for now
Love Wins!!!
For all those freaking out about this decision…..how about you stop worrying about what goes on between 2 consenting adults and start protesting the very serious and horrific problem that Cayman has with sexual abuse against children.
Strangely enough I don’t see the church or “Christians” having much to say about on that topic.
Congratulations to Chantelle and Vicki, and to all gay Caymaniams who can now marry amd live with their spouse in their own country!
You fought a good fight!!
The judge has ruled it legal. Laws now have to be put in place to support the ruling. Might happen in about 50 years or so.
Not really how that works but ok.
Not the first time a judge miadirected him/herself and it would not be the last. This is going all the way to the Privy Council. It is a new day. No haters.
And you think the Privy council is going to side with the CIG
Hilarious
No need for any law. The court ruling overides in practice as CIG now needs to issue marriage licence.
Well said. And dont forget the pastors fornicating
They are busy praying for the souls of men and for Cayman.
Adultery is still legal. At least we get to keep that key part of our culture.
https://www.msn.com/en-us/news/us/utah-legislature-passes-bill-legalizing-sex-outside-of-marriage/ar-BBUvCXN?ocid=ob-fb-enus-580&fbclid=IwAR1qXSrGMI96Dkkqj0RJPdKJRHQi8qK9aRI1sjOj8FfDNpv6CfPK_sCXf58
private eyes are watching you…private eyess…remeber the song..lol
Those who breach our constitution clearly need to be removed from office The constitution is the highest law in the land!
So you have no problem with the Chief Justice enforcing it then, and your comment is directed at the governments failure to do so?
No, British primary and secondary legislation and the jurisprudence of the ECHR and its organs have higher normativity than the constitution.
This is End Of Days stuff…next they’ll let women vote or something crazy
The judge surely didnt make this decision on his own – nonetheless, this country his wayyy bigger fish to fry besides this. Anyhow, kudos to the gay rights fighters, atleast they are fighting and not giving up. On the otherhand, I wish that the ” normal” people stop worrying about whats on the LGBT plate and start looking at their own twisted relationships and bad morals. Anyhoo.. it is what it is.
yes, we now need to make sex toys legal.
As far as I know certain vegetables, electric toothbrushes and sawsalls are legal.
Get the picture?
Congrats frim Bermuda!
Dont worry our brilliant attorney general will soon have this overturned.
The CJ is the highest court in Cayman Unless the AG is going to go to the privy council in the UK (where he has no allies seeing as they have already legalized it there)
Good luck with that idea though
You have absolutely no idea what you are talking about
Court of appeal first, surely?
I want to break free will be the theme song of cayman now
Freddie in that wig was a sight to behold
Yeahhhhh. I hope that is is now my constitutional right to now open a strip club.
I fail to see the equivalence. ?
Amazing how one man is able to speak for the whole country on such a crucial and moral issue as this! A law that will affect our generations to come. Its frightening. And I think its time we need more than ever before, a REFERENDUM on this issue! The world should see where Cayman stand – not our government leaders, but the whole island!
Referendum would be a good idea
Referendum sounds like a good idea but stupid people can’t help but make stupid decisions.
You best believe I’ll participate.. To vote to keep this ruling!
I am happy that a Caymanian is able live at home with her lover and child. Tek dat unna bigots.
LOVE WINS
Too late. Already had it when the people voted for the constitution. They may not have understood what they were voting for, but dat wha you get.
1) This won’t change the Cayman Islands. If you don’t want to get married to a person of your same sex don’t do it. It’s pretty simple but i can understand how some Christians don’t get it…
2) Have you seen the mess that Brexit has course… do you really want the world to see that Cayman is an intolerant back water that hates gays??
You really want the world to know how backward and homophobic you really are?
If you think a law will stop any of your future descendants from loving who they naturally grow to love then you’re as foolish as they come.
You had a chance to call a referendum you didn’t too bad because the constitution was approved democratically including the provision about non-discrimination and the provisions regarding the Grand Court and Chief Justice
We agreed to this
Now deal with the consequences
While the red pens are out to edit the Constitution, we should look at the other sections that are prejudicial or otherwise restrict Caymanian rights, such as: the dinosaur Electoral rules that doom us to cycling through the same swamp of candidates every four years. Now’s our chance to push for good governance and fair representation.
Would you rather have a government of all the most bitter, opinionated expats (think of the worst comments you’ve seen on here) who will immediately use any little bit of power they get to punish Caymanians?
strange how it takes an expat judge to show the true spirit of christianity….in the great ‘christian’ nation of cayman.
thank you, thank you, thank you.
a huge victory against ignorance and hypocrisy
Yeah an expat judge who hails from the most homophobic place on earth. Charity begins from home.
Well with that line of reasoning shouldn’t you be applauding him for not being homophobic?
Extremely surprised and happy to see this ruling! Now, nothing has changed for heterosexuals, and homosexuals can now enjoy some of the rights that many people take for granted: Legal equality.
Now let’s see which Marriage Officer has the intestinal fortitude to marry them!
The Constitution has another clause specifically for them actually:
Duty of public officials
24. It is unlawful for a public official to make a decision or to act in a way that is incompatible with the Bill of Rights unless the public official is required or authorised to do so by primary legislation, in which case the legislation shall be declared incompatible with the Bill of Rights and the nature of that incompatibility shall be specified.
The Penal code also has a great little piece for them as well:
121. A person who wilfully disobeys any law by doing any act which such law
forbids, or by omitting to do any act which such law requires to be done, and
which concerns the public or any part of the public, commits an offence and,
unless the law provides some other penalty, is liable to imprisonment for two
years.
But good luck with that, their asses will be off to northward for 2 years
I LOVE how much foresight the PPM had when they were drafting these documents
Don’t you?
Marriage officers are affiated with Churches. The Civil Registrar can marry them. Both Marriage Officers and Civil Registrars can perform marriages in Cayman.
Shame on you, Smellie!
We, the people of this country will fight this legislation in the LA. I stand beside Eden and Suckoo! We will let our voices heard!
Nothing you can do…. It’s the constitution!!! that can only be changed in the UK and the UK won’t change it!!! LOL
It’s also very safe to stand right in front of them too, I hear.
You are as pathetic as they are
Ummm, we’re actually in the 21st century!
And now is now and always is. What kind of stupid are you?
Sweet! Now can we get rid of the bigots in the LA and shut the port project down?
Welp, I bes believe a Hurricane a com dis yer.
idiot…which is why Ivan came four or five years late when the sodomy laws were struck down in 1999/2000…
Think before you talk.
It takes an omnipotent being 4 years to get the strength up to bring forth a hurricane.
Wtf did we do in 1932? Forget to wear Sunday’s best?
YAY!
It is interesting how one man can subvert the will of the people. Maybe this is modern day democracy.
The people should have had to vote on it, one man should not been allowed to make such a big decision
The people voted on it when they approved the Constitution.
The Constitution sets the framework which laws have to keep within. The CJ has simply ruled that our Marriage Law is not in keeping with our Constitution and hence cannot be used to deprive people of something which they want and which the law should allow if it was in keeping with the Constitution.
He cant the real power is with the Government and the MLAs. Let see what they do about it. The judicial branch can’t dictate to the legislative branch, its call separation of power.
yes it can. Read the Judgment.
We elected 18 officials to make laws, not some judge in a clown suit.
The real power is in England. Your government is a glorified board game.
Nope it is applying the rule of Law. The LA could have avoided this by introducing civil partnerships but they didn’t so therefore the Courts have to step in.
The people have no power to enforce discriminatory polices on other except in limited circumstances
(personal religious sentiments and opinion do not apply)
You can thank the PPM for their forward looking constitution that clearly and unequivocally bans discrimination
Good luck getting the UK to agree to changing the wording of the constitution to discriminate against gay people by the way
The will of the people just happened to be unconstitutional
Suck salt bigots
good!!!
Congratulations Chantelle and Vicky!
https://www.latimes.com/archives/la-xpm-1998-jan-08-me-6238-story.html
It’s absolutely appalling that the government of the Cayman Islands would send out a message basically that gay people are not welcome,” said David Smith, spokesman for Human Rights Coalition, the largest gay political organization in the United States. “It’s discrimination of the worst kind.”
Free at last…free at last…thank God almighty, we are free at last…!!!
Praise the LORD…finally!!!
getting my VIP seat for this comment section *grabs popcorn* don’t let me down Cayman
That’s exactly what I was thinking!! Congrats ladies for helping drag us into the 20th century!
We have been in the 21st century for some two decades now
You missed my point.
How does being gay and a court ruling allowing same sex marriage, drag us into the 20th century, when it fact we’re currently into the 21st century.
because the poster is inferring that we are still way behind the times lol
Oh nice save then, NOT
So very happy for you Chantelle and Vicky, congrats!!!
hurry get the popcorn …
I have nothing against gay people, my concern is how can Mr. Smellie legislate from the bench. “Lawmakers” that are duly elected have this power to modify law. Lets see if the politicians follow Mr. Smellie orders.
Can someone please explain the process that will take place now? Does the CJ have the power to modify law? I thought it was unconstitutional for the judiciary to amend legislation so I want to understand how that will happen…..or is it that CJ already knows the legisature will do what he says?
The Law was illegal. All that matters is the constitution which overrides any other Law. The headline is misleading. Gay marriage has been legal at least since the constitution took effect. The Chief Justice has not legalized gay marriage. He has simply confirmed that it is legal, as a matter of Cayman Islands Law. It was actually Alden, and the drafters of our constitution, as well as the drafters of the European Convention on Human Rights to which the Cayman Islanda effectively subscribed, that legalized it.
Amen!!
yes
Well done Ladies.
What we the people would like to know now is how much did this cost us to fight?
I hope they now claim for their legal fees as well.
It’s nice to see when something goes right.
I am pleasantly and genuinely surprised our court did the right thing in this instance!
God Bless , finally someone with intelligence and respect of the common sense needed in passing this law . Good fight ladies and Huge Congrats xoxoxoxo
Legislators pass laws, the CJ’s gets to exercises judicial review and reviewing the constitutionality of laws. Judges aren’t allowed to legislate from the bench, it was his opinion. Let’s see what the “Lawmakers” will do now.
They can do nothing. They made their bed when they drafted the constitution.
God is frowning right now . He will give the final judgement
He already did. Love won. Not hate.
The right decision. Welcome to the 21st century Cayman. Now if we can legalize pot we could have a winning streak for common sense.
Amen
Finally some good news 🙂
Excellent!
Think we might have a record number of comments on this one…
Oh, They’ll be huffing n puffin and kissin their teeth all weekend.. Congratulations to the ladies.
Today common sense prevailed over Cayman Islands Minister Association’s religious bigotry and lobbying.
Go to church and read your bibles but you have no right to force anyone to do the same with freedom from religion written in our constitution.
No, in return, this does not force you to be gay nor will it force you to change anything in your life if you choose not to be gay.
Read what the Bible says about it, for those that say thank the Lord, he did not wan’t it, mr smiley wantedd it. I didn’t know he could change the law, i though it had to be the Law makers in the house do that.
But didn’t God plan this to happen from the beginning of time. Or was this a curve ball he wasn’t aware of.
Technically, God didn’t make this law or write the constitution, man did. God wrote the bible…well actually he didn’t write that either…
Also you need to realize that no pastor in the Cayman Islands can be forced to officiate a GAY marriage that is against their religious beliefs so don’t get TOO HAPPY
And do realize that NO GAY couple will force any Pastor or marriage officer to officiate their ceremony…..what couple gay or not would want someone who does not support their marriage to officiate it ??
Have Catholic priests been performing marriages for Baptists? Have Seventh Day Adventists been demanding to be married by Mormons? Do Muslims and Hindus ask to be married by Episcopals?
Ministers can perform their services, or not, for whomever they like.
A God-botherer is not required in order for two people to get married. And official God-botherers can marry, or not, whom they please. How do you think atheists have been getting married in Cayman?
Lol as if anyone cares what a couple of unelected old men think
They have been happily performing incestual marriages and ignoring clear cases of domestic abuse for years
The church has finally be emasculated as they should have been 100 years ago
They have no place in the administration or policy of these islands
Let them rant and rave all they want
They need the first rooms in the mental health facilities
Well done! Truth be told, those of us who are heterosexual still have the same rights and protections that we had before this decision. Well done ladies, especially for your courage, grace and dignity. History will look upon you both with favour.
Great news
Congratulations to two very strong and brave women. This decision will positively effect many, not just here but around the world. Thank you ladies.
Welcome to the big real world Cayman.
A huge step forward in history made today.
Congratulations Ladies
Yeah take a look at whats happening in the world, thats a party we’d hope cayman wouldn’t be able to attend. Why you think she returned home to fight this despite being married already lol.
You people make it sound like not being gay is some kind of disfunction that most of the world is missing out on ? And not having a bunch of people parade around their personal lives and decisions for all to see and not have the streets paved with rainbows is some kind of social misfortune…
I thought the Judge can only deem the constitution inconsistent with the human rights. Smellie is not legislating for the MLAs.
It’s because the Law was a law before the Constitution came into effect. if it had been after the Constitution was brought in then it would be a declaration of incompatibility.