CIG will appeal chief justice’s gay marriage ruling
Premier Alden McLaughlin in the LA
(CNS) UPDATED WITH FULL STORY: Premier Alden McLaughlin has announced that he has instructed the attorney general to file an appeal against Chief Justice Anthony Smellie’s ruling last Friday that legalised same-sex marriage. The government has also asked for a stay of the ruling and is hoping to overturn the landmark judgment that ushered in marriage equality for Cayman on the basis that the senior judge overstepped his powers by changing the law from the bench, overlooking the deliberate intent of the constitution to retain marriage as the exclusive right of heterosexual couples.
Following a detailed statement from the premier, which came after a less clear address by House Speaker McKeeva Bush, who seemed to believe he had been attacked in some way in relation to this controversial subject, the LA is about to debate the issue.
The day’s business has been postponed in order to allow a private member’s motion by Arden McLean, supported by Anthony Eden, about the ruling on the basis that the debate is a matter of “utmost national importance.”
Before the debate began the premier outlined the reasons why government is appealing the chief justice’s ruling. He said he had received many calls and messages from constituents, some who felt the outcome was right but more from those who “feel wronged by the decision”, as they continue to demand marriage should remain the exclusive domain of heterosexual couples.
He also said that people were “shocked” that the court could make such a “fundamental public policy change in a matter as important as the institution of marriage without reference to this Legislative Assembly”.
Claiming to have respect for the chief justice, McLaughlin nevertheless said that “even the best judges get it wrong”. He said government believed that in his “determination to right what he has described as injustice and indignities suffered by the petitioners”, the CJ “may have exceeded the scope of the powers conferred on the court by the constitution”, as he revealed the government’s intention to appeal.
Although CJ Smellie cited the law supporting his action, McLaughlin said, “We believe that introducing the entirely new concept of same-sex marriage into the existing Marriage Law goes way beyond any reasonable interpretation of modification or adaptation,” and he suggested the chief justice had trespassed on the constitutional remit of the parliament.
While he pointed to the legal technicality of the decision by CJ Smellie to change the Marriage Law, McLaughlin also made it clear that the government wanted to continue discriminating against same-sex couples when it comes to marriage and continue to violating their rights, as he highlighted the deliberate intent during the crafting of the Constitution to do so.
“It was plain to the government at the time that we would never get the new constitution approved by referendum unless we were able to satisfactorily address these concerns,” he said, referring to marriage equality.
He said section 14 of the Bill of Rights was the “rock” of the government’s case against Chantelle Day and Vickie Bodden, who brought the same-sex marriage petition. He said that section was written into the Constitution to address the religious community’s concerns that the institution of marriage remained available exclusively to opposite sex couples.
The words were “deliberate and were intended to provide the necessary assurances to the Caymanian community, but in particular the Christian community, that the institution of marriage would retain its traditional definition as the union between one man and one woman,” he said.
In his ruling, the chief justice made it clear that the justification for discrimination can never be based on tradition or religion in law. But the premier defended the discrimination in the Constitution, as he believes it would never have passed without it.
“The current constitution is a comprehensive negotiated document, the result of eight years of extensive consultation across the various demographics of the Cayman community, often bitter political differences and very difficult negotiations with the Foreign and Commonwealth Office,” he said. “It is not something that was dreamed up by the Cayman government.”
He said the highly controversial and landmark ruling could not be left unchallenged because it had far-reaching implications for the Constitution beyond the rights of same-sex couples.
“While a challenge to the ruling is certainly not a decision to be taken lightly, given the important human rights concerns raised in the case,” he said, the ruling had brought about significant ambiguity about the court’s power to amend laws.
The premier warned that an appeal may not be successful, but it was “critical that the country has the benefit of clarification”, he said, as he reminded the House that the issue was an emotive one involving real people.
“I am also very conscious that this is an issue with real people who have real lives and there are emotions and feelings involved, and that this is not merely some textbook case. I and the government have no intention of causing any harm or hurt to the petitioners,” he said, despite signalling the aim to appeal the case and ask for a stay, which if successful will prevent the petitioners marrying and ensure their rights continue to be violated.
McLaughlin added that the next generation of Caymanians may have differing views on this issue and in years to come the majority view of Caymanians may change.
“But such a majority is not evident to any of us here today,” he said, even as he acknowledged his obligation under the law to ensure that all people, especially any minority group regardless of differences, are treated fairly and with respect.
See the LA proceedings below:
Read the chief justice’s ruling and the full statement by the premier in the CNS Library
I will never vote for you again Alden, or for anyone who would support you forming a Government. I am a PPM founding member.
Best thing this bunch did in the last several years of being in office!!
One conclusion can be drawn from reading the comments in this news article: many of the commentators in here can predict the future, a future where Government’s appeal of the Chief Justice’s judgment will be surely lost. I have one request for those of you with that crystal ball: please can you send me (or the Government) the winning numbers to the next Florida lottery? We’ll surely be able to afford a lot more, thanks to you.
So when the same lawyer spouts off about the PR point system Alden gives everyone who applied (including many of his benefactgors employees) PR….but something silly like this he fights….ARE YOU NOT FOOLED!
By all means appeal, if each and every politician (Alden, Juliana, Anthony Eden, et al) backing it is footing all the costs from their personal finances and NOT wasting yet more public money on it.
Gay marriage is not public policy in the Cayman Islands. Its elected politicians are entitled to fight against it. It really is tough **** if anyone on this comments page doesn’t like it. Stand up for your rights – and stand up for them again if appealed. This is our system, we all place our faith in it by living in this society every day. Deal with it.
Aldart don’t try to hide behind this…you and mini Marco gave away the country and destroyed the futures of all young Caymanians…fy
It was good yesterday to see all of our Caymanian Leaders united and standing firm on an issue. I don’t believe I have ever seen this in my lifetime. I am proud of my Caymanian Ladies and Gentlemen for standing up for the “majority” of our people and for doing what it takes to move the power of the people back to the Legislative Assembly and out of the Court House.
The Chief Justice knew this was overreach and I am almost certain that the FCO ensured his verdict..
So the LA can make time to discuss gay rights but somehow educating our children, the dump fiasco continued to be sidelined? What are our priorities
This is all a political charade. Alden could give a shi& about it. Just trying to appease weirdo voters
YAAASSSS
Continue to preach on the truth, because they have shown us over & over again that these aren’t important issues anymore!
As a mute shill of this regime, Tara Rivers has lost our household’s vote (3 votes) for West Bay South. Not totally unexpected, since in her time as Gender Affairs minister she never addressed the inclusion of LGBTQI+ affairs and authored the misery being projected on these women. Shame on her too.
Every time I see a Caymanian bragging about the number of adult humans in his house who he thinks are inclined to follow his pronouncements about who gets the votes of his possessions (i.e. family)., I just laugh. Dude, no one cares about your household. Manipulate your family members if you wish, they’re still doing whatever they please in the polling booth. Pathetic.
I never met a gay person until I came to Cayman 39 years ago. I was surprised to find that nearly every Caymanian family had a gay person amongst their clan.
Eden should be in prison for inciting hate. Alden will not be receiving my vote again.
Cayman REALLY needs to focus on the important matters at hand, such as the dump, spiralling crime, abysmal education standards etc.
Unless you live in Red Bay you can vote for Alden..
“My vote again” – sounds like they do. Read first then think then reread then think again AND then comment.
Wow. Calling for a man to be imprison because he has religious views and a hate for a lifestyle.
Incredible. You must be a gay-hypocrit. You have many of them. You must be one!
Actually inciting hate is a criminal offence in many countries. I’m not following your second sentence, I must be one what?
@12:35 p.m., Unison.
What you say is so true. I have never seen it that way before. A gay person may be discriminated for various factual reasons like any other person, but never for his sexual behavior. And here is where the UK, Canadian, and U.S. Courts have got it all wrong, prosecuting people for discrimination and recognizing rights that aren’t real rights. The Justice system has become so corrupted from the top, watch and see in the next 10 years many people will be imprison because they don’t accept the lifestyle.
How can you ever imply that true love can never be found between two adults of the same sex if you’ve never been on that side of the fence?
Oh Darn.., And I already ordered a large supply of merchandise to set-up my sex-toy in the middle of town… shop…
What do sex toys and marriage equality have to do with each other? Sex toys are not lgbtq exclusive you walnut.
Really, ever been to SOHO in London?
facetious comment.
The end of times is here. Human sacrifice, dogs and cats living together, mass hysteria! …
In usual grandstanding fashion some our elected leaders thumped their testosterone chests today. Ceremoniously, canceling all of country’s business to address a matter of “national importance “. And boy did they dance in their holy Sunday’s best, as they informed this country that the Government will be expending more money to bring the arm of government down on the head of one of its children of the soil. To fight her while she bleed for freedom. To remind us all that they are the big bad wolves who will huff and puff and blow your house down while she bleeds.
Well let me say it now for all to know: i have zero tolerance for using power to subject the vulnerable and minority anywhere to less than. Not one of them recognized their duty and responsibility to true leadership. That sometime you must stand when others are being railroaded. True men stand with those that can’t stand for themselves. They provide vision for times greater than themselves.
Equality under the law is not hard for anyone to understand. It is the right thing to do. None of us deserve to be here anymore than the other. If you think you do, then more holy to you. However, life has a way of shaking that reality for all of us. Humbleness is not something one is born with and your call to leadership sometimes is beyond you.
As the notion of equality grow on me, I just got one thing to say to my Caymanian sister and the “stranger”, for us, that is close to her heart: am sorry that our country’s leaders have chosen the pathway of indignity and further discrimination. May you find the courage and strength to push through this. You are in my prayers. There are many caymanians who understand the scorn of “less than” and you carry the cries of many on your shoulders. You are not alone.
This I also know and believe: God in scripture specifically mentions the elderly, children, the prisoner and stranger amongst us as having significance for Him. Some scholars will tell you that the destruction of Sodom and Gomorrah was more about how those two cities near the Dead Sea dealt with and responded to strangers. Holy scripture says they were also wicked to the sojourner.
I’ve mulled over much in my head. I think of the way we turned away a boat load of strangers many years ago. We were hateful towards them. Those cruiseships of strangers were scorned. Ivan came not too long after that. Yeah just maybe this God we subscribe to cares more about how we treat others than we can fathom. Vulnerability is an awful thing. Only those at the mercy of others more stronger will ever know the blessing to be affirmed and deemed worthy of unconditional love.
Yes, we surely thumped our chest today. I can only imagine all those wicked people from some other country in our midst had a field day today as our leaders threw the first stones.
Yeah our Premier said: he nor none of his government did not want to hurt anyone especially the petitioners. I only have one thing to say to that: call them up and ask them how it felt as the stones from our leaders came across the way. .one more time. #standingforequalityforall #standingwithchantel #standingwiththestranger #truechristianlovehasnobuts
Is this all a ruse so we dont realise our fishing rights are gone? Hmm
a big ‘ol gay charter boat can marry people on international waters while employing locals. win win.
Their marriage wouldn’t be recognized in Cayman
“utmost national importance.”
First, the Cayman Islands is not a nation, it is just a few little rocks with barely 25000 people who can not take care of themselves.
Second, boddentown consists of just a few thousand people.
Third, just a few old caymanians support Eden.
So what do you mean with utmost national importance. Eden means utmost MY EGO importance.
In the meantime taking a huge monthly salary and taking an equal amount in pension, while hard working retired fisherman have to live of 300 a month.
Fix the NAU, since people are dying.
Robberies on a daily basis. Gangs.
Public education is a joke.
Health insurance a joke. Eden could have fixed this when he was in charge.
No, Eden has to fight his personal war against few gay people.
Anthony Eden is an insult to humanity.
Thank you Hon. Premier. We the older generation salute you.
How about ordering books and computers for the 2 unused high school libraries? Please Mr Premier!
How should I spell litrayce?
Just books. No computers. Digital dementia is rampant.
There would be no need for an appeal it this issue had not gone to the courts. We don’t want to be like other nations. We want the blessings of God on our lives. Let’s continue to pray for all those in authority.
What we really want is an islamic kind of state where Anthony eden rules our daily life.
So the current chain of events
-Gay Caymanians ask for a reasonable legal framework to be put into place via the legislature where they can achieve the same civil benefits and conveniences of marriage as any married couple
CIG Ignores the Caymanians
-Gay Caymanians petition multiple Governors to intercede on their behalf
Multiple Governors shirk their responsibility under the constitution and the FCO and UK Government sits back and watches while repeating platitudes about equality and diversity
-Gay Caymanian gets fed up and takes the issue to court
CIG: “We will let the courts decide the issue”
Governor: “The courts will decide the issue”
-Court decides the clear cases of discrimination are unconstitutional and must be remedied immediately
CIG: “How dare the courts legislate from the bench on such a contentious issue usurping the authority of the legislature, this is an outrage, this cannot stand”
Instead of spending a fortune on an unwinnable lawsuit, put the $$$ into the NAU, Education, Healthcare, Dump… Help Caymanians with the real issues, and not just appease the churches, to get reelected.
Sometimes, it is really embarrassing to be a Caymanian.
Maybe the FCO should call the CIG’s bluff and advise that if they don’t like the ruling then independence will be called by the FCO starting at the end of the year-that would focus some minds on what is really important…the CIG could then become an overseas territory of Brunei which would clearly suit some of the religious fundamentalists here …
Hahaha..good suggestion….please don’t smuggle any sand or beach rocks on your flight out of here! Hahaha We are going to need them. 😄 🙂
Oh by the way…the Cayman Islands has much more options than the UK or Brunei…so take your scaremongering with you! And don’t come back! Ever! Thanks much!
Utmost national importance ?
WTF ?
People are dying because of shit insurance, thanks to Eden.
Unemployment.
Murders, break insurance, robberies, traffic etc.
National importance? Wake up Eden. We are more important than your stupid fight against gay people.
I don’t think people are dying because of the insurance. The Dump is slowly poisoning people on this islands. No medical insurance would solve it.
Were sensible people supposed to be SMSing Alden with “Congrats on your loss” last week, or continuing to distance themselves from the various impulsive reactions of this illegitimate regime? If he is thirsting for cell phone reaction, what is the number to dial?
Haha good luck with that, welcome to the rest of the world cayman
we need Anthony Eden in charge!
Mr. Anthony is a man of integrity. He knows that in order for evil to prevail, good men must keep quiet. When I was young, no one would have thought that we would have to face such perilous times in our fair land.
This article made me extremely proud.
The use of “forward thinking” and “Anthony Eden” in the same post is the funniest thing I have read all day. The man is the decrepit king of the medieval bigots.
Now please excuse me, I need surgery because I think my sides have split.
He’s way to busy doing what he’s been doing since the election…which is absolutely nothing. I’d rather he speak up on the issues facing his constituency on a daily basis such as the failing primary school, rash of burglaries and the abysmal traffic situation. Since he’s been silent on all of those issues I hope he keeps silent on this one too!
Can we arrange for the funds for this appeal and perhaps, ultimately, one to the Privy Council be taken out of the salaries of the MLAs and members of the Minister’s Association and NOT the public purse? Because it will fail and Alden knows it but is just playing this game for the “marriage is ordained by God” vote. By the way, marriage was not ordained by God.
Why? the majority of the people elected them and the majority of the people support them…The majority in voting for them have given them the power and the authority to do their business..You may not like it but that is how it works..
How it works is there will be a series of judgments and appeals until this reaches the Privy council and how do you think they’ll address it?
The Constitution respects the rights of the minority even if the majority do not.
Thank you Premier, I welcome this decision
Will I finally be allowed to get married to my two girlfriends? We all love each other and want to be able to live together as a family with all of my children having access to the family life and benefits that they deserve.
Well all of this is quite something. I notice the ones calling for tolerance are being very intolerant of when Caymanians stand up for constitution that dates back for years. Gay right should not be mistaken with human right. I am confused as to why they would want to sanctify marriage when it comes from the Bible and the Bible clearly states woman to man. Do they just want to marry to have property/asset rights etc thereby further disrecpecting the whole reason to marry in the first place? XXX
I read these comments and all I can see is that “we are stupid…our govt is slack and we need a thesauraus for bigger words” yet we are the ones who are hateful? A bit of the kettle calling the pot black wouldn’t you say so? We invited foreigners here with open arms to a pure island, one blessed with God’s glory. You all can already get status by just walking a dog…you already get permits granted for bellman positions…you already have all the high position and paid salaries…you already call us ignorant and stupid behind our backs. Is it too much to ask that you do not piss on our constitution that our forefathers wrote claiming it to be a HUMAN right?
Please? There is a differencr between doing things the right way(via courts) and doing the right thing (respecting what has been here for years on end). If our culture and our traditional christian values are in the past and you feel Cayman is not up to par with the rest of the world or as many of you have stayed “stuck in the past”, then please exit on the next flight at the new owen roberts airport that was built to accomodate more flights anyway. Sadens me that persons can be so fiesty…and by the way people keep commenting about education and lack thereof..for the record knowing the difference between what is right and wrong has nothing to do with being educated.
As for the man who said Christian morals and values do not belong in the court system…i will remember that if i ever need to be sworn under oath on the same Bible you said shouldn’t be honored/”doesn’t belong” in the court system. I am afraid to say Caymanians will not be passive forever and such a decision would never have been made let alone upheld in a neighboring country such as Jamaica XXXXX
I’m more than happy to say you are a fool. Your foolishness is not just limited to your belief in an invisible sky fairy but is magnified by your ignorance of marriage.
Marriage is NOT a Christian institution. It existed before the Abraham. You cannot claim something belongs to your clan when it doesn’t.
People want to marry because they love each other. You suspicion about the motives of homosexuals screams out that you are a bigot. You suggest that people should leave… what about vicky who is Caymanian where shall she go?
You know what Christians have defended in the past as being part of there tradition, Slavery, segregation and restrictions on miscegenation. They were all thrown out with howls of disapproval from “Christian bigots”. Move with the times, learn that the invisable sky fairy either doesn’t exist or doesn’t care about you or gays and enjoy your freedom.
I said what I said and that’s what I said…not surprised that you are again calling someone you dont even know ignorant and a fool. Thanks.
That’s because what you said is ignorant and foolish. Jesus would be ashamed of all of you using his name or the bible to justify judging other people who love each other.
@ 7:10 I can’t get passed what you said about not changing something that has been around for years… so I guess we should not have changed things when slavery was the norm?? Because that would be disrespectful? Give me a break!!
Everyone is upset b/c our gov’t is wasting money on something that does not affect anyone in their daily lives! Do you know who got married last weekend? NO, so why would it matter if two ladies got married, or two men? It’s none of your business, so why all the fuss?!
What’s destroying this country is not the basic human right for anyone to get married, it’s the toxic dump that’s increasing the cancer rates among our residents, it’s the pathetic public school system that is failing our children’s ability to become successful- and don’t even go there and tell me it’s not an issue! If there’s nothing wrong w/ the public school system then please tell me why all children of politicians attend private schools. Please, I’m listening….
The Chief Justice was standing up for the constitution. The rest of your post is just waffle.
Well Said,
Marriage comes from the Bible?
I am sure this comes as a surprise to billions of married Buddhists, Hindus, atheists and others. Who knew that Chinese people’s marriages were all Christian institutions?
Cayman should have real Biblical marriage, as outlined in Deuteronomy 22:28-29. Any rapist should be able to pay her father fifty shekels and buy his daughter. Why has Cayman law never had this Biblical marriage?
With respect, the constitution is a modern document, not written by “our forefathers”. And the bit about Cayman being a “pure island” – please! This place has always been lawless and relatively lacking in morals, despite the inevitable local’s defense of being a nation of churchgoers. It may seem to you that it is more non-Caymanians banging the drum for same-sex marriage, but I assure you a great many Caymanians are in favor too.
Cayman needs guidance. Just as capital punishment is no longer allowed here, the local voters would vote it back if ever there was a referendum – that is how people are as a group (and this applies to other nationalities, not just people in the Caribbean). There is a great deal of hate and bigotry displayed by the group when they feel they are allowed to show it. Sorry, but you need more enlightened people to show you the way on important issues, but here in Cayman you have the most pathetic bigoted political leaders to be found outside of Brunei. The FO at least has the right direction.
The Islands are indeed in decline, especially Grand Cayman, but this is down to consistently appalling leadership and mismanagement of funds for decades, not because a few people are being granted rights that you yourself already have.
Try asking yourself: “What would Jesus do?”.
I support gay rights but I do believe there should be a referendum on the issue if your constitution allows that. Gay marriage will never exist in many countries for the reason that it is not customary.
Gays can have civil unions which are as effective as a “marriage.” Once homosexuality is decriminalized and there are binding same-sex civil unions established by legislation in Cayman, this appeal could probably succeed.
Dont worry brother they ignore your valid comments because of what is best described as left wing drabble advanced by fake news networks. Its ok to discriminate against muslims and apparently immigrants in these places that are so enlightened and you can take that to the FCO and deposit that.
#Facts#
Simmer down, Trump
Ummm you can’t be a very good christian if you have two girlfriends…but I guess that doesn’t violate your selective morality.
What does it have to do with Christianity? It is able three people that love each other wanting to be able to have the same rights and privileges as everyone else that can get married.
Why would there be a petition for something that should already be a civil obligation? What action would it petition for?
OMG, he is going to appeal it? Appeal what? It should have been allowed years ago and they should never had to have gone through this!!! The Government is lucky they don’t sue!! This is disgraceful and tourists should look at this place and boycott it
Jesus imparted two Great Commandments for admission to Heaven. Cayman’s heretics skip over the second at their peril, hoping either to jump-queue past St Peter, or somehow get a senior pitchfork job where they can prong inferior creatures, forever, with their Earthly moral superiority. I’m sure none of the Apostles will be impressed that they are Fourth Generation Born Caymanians, and it wouldn’t need to go up the chain to make a ruling…kind of like a Chief Justice on a Judicial Review using English Common Law.
What the hell are you talking about?
I could have sworn there were 10 commandments??
People are such hypocrites. Sex before marriage, cheating on spouses, children out of wedlock, etc. in gods eyes apparently your all going to hell. Most of us in fact.
I don’t think god really cares.
Most of us probably are. Still doesn’t mean we have to openly allow more and easier paths to hell
I will see you, Julie and Eden there. I’ll bring the beers, carry some ice.
Come come now, being a good christian isn’t about recognizing your own short comings, its about chastising everyone else for theirs and patting yourself on the back for being better and more righteous than them
They will appeal and lose
Other than the waste of likely millions of dollars that could be spent elsewhere (along with the cost they have already incurred bringing QCs down here to tell a Caymanian what her rights are in her own country, funny I didn’t see any outrage about that)
The only thing better than winning once in a court and having the bigots show themselves will be winning twice and having the bigots even more desperate
Look lets build the Port and ban all gays and especially married gays from buying rolex watches for their loved ones.
It seems most Caymanians think like most Africans in rejecting same sex marriages. I am British and have lived here for 50 years and I have exactly the same opinion. I may be old fashioned but I will never agree to legalizing same sex marriages.
Actually most of the modern African and East Asian outlook on homosexuality can be traced back to foreign values brought in during the colonial period the buggery laws that the colonial powers put into place and the proselytizing by church groups are the main source of the modern day outlook
As you put it “most Caymanians think like most Africans in rejecting same sex marriages” because we have a similar history of UK and other colonial powers imposition of morality via criminal statutes and religious brainwashing
One only has to look at examples of the changes in perspective in the Indian subcontinent, the pre-colonial and post-colonial beliefs are different universes
The reason why you agree is not some coincidence, but a purposeful and constant lasting effect of colonialism on former colonies
People in Asia, Africa, the Caribbean, North & South America didn’t just suddenly all come to the same conclusion by happenstance
British, yet you have no idea of your history? It was British colonialism that was the creator of homophobia in much of Africa. Before Uganda was colonised, every major tribe and peoples of the region accepted homosexuality openly. Many places considered these relationships completely normal. There was even a belief in a third gender, specifically for effeminate men.
Now, post-colonial Uganda is a dangerous place for members of the LGBT community, with life in prison for homosexual acts, “corrective rape” commonplace for gay women, murders and beatings for anyone suspected of being gay.
Is that kind of 3rd world, hateful, ignorance what you desire to see here too?