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 wouldnt wish marriage on anyone, Team Gay Folks, run while you’re still free!!
Yes Alden! You just won my vote for your reelection!
Make Cayman Straight Again!! #MCSA
Won your vote for wasting money? Had he addressed this matter when it was first brought to him, a resolution outside of the courts may have been possible..now that its in court, appeals can ultimately be taken to the level of the Privy council who will not uphold the ban.
We as people should not judge. In the end God is going to judge us all.
Alden has missed a great opportunity to keep his mouth shut and have an unwinnable issue taken off his plate. The country would have been dragged into the 21st century and the religious halfwits couldn’t have blamed him. But no, he had to reopen the whole can of worms.
RE-ELECTION
trying to show he knows and will pursue Caymanians wishes…distraction from him destroying their futures….
What you are saying is that he should not be a man and not stand for his people..His people elected him and they will stand beside him..He has done the right thing in the majority of the People eyes…
Well this is an antiquated view on the world, I thought the Caymans could do better than that.
The where?
Can we accept that some people from other parts of the world refer to The Cayman Islands as the Caymans just as we accept that many Caymanians refer to Hondurans as Hondurainians and Cubans as Cubians?
Who ever refers to Cubans as Cubians? Picasso??
What a waste of public funds… Half of these people that are against the new law have children out of wedlock, cheat on their spouses and have sex before marriage! start practicing what you preach before you judge other people!
And Gays don’t do this???
The cost is worth it. Many Caymanians are behind Alden 👍🏼
Many more Caymanians are going to get behind Alden and push hard before this thing is shoved down everyone’s throats.
Not surprising the actions of the government to promote and continue to discriminate against its own people. So many other pressing issues Alden but you choose to waste resources on people who are in love.
To the gay community: For the past oh so many years the 98 % straight community has slowly and painfully been convinced that discrimination against “gays” based upon who they are is morally wrong and that they are humans and our fellow citizens. The concept that their decided physical behavior is in fact different is no excuse for treating them as less than straight people. However this does not in any way excuse the new cause de jour that gay relationships are the same as a married relationship. The human race and the history of all civilizations clearly demonstrates that marriage is reserved for male and female individuals. Gay sex is NOT the same as non gay sex. Trying to argue differently differently and then cry hate monger is silly and we do have more serious Cayman problem to address.
For real 😏 they must pay these commenters; especially the ones that repeat its a cost disaster.
“Gay sex is NOT the same as non gay sex”
Ummm… to be a little technically precise, there is no sexual act in which gay persons engage, which is not ALSO done by straight people.
I don’t think we need to get any more specific than that on a family website, but you might really want to reflect on your statement there. Because as far as physical acts are concerned, there is nothing which gay people do that straight people do not also do.
To nitpick, I’ll give the OP one: docking. Other than that, he or she is talking out of his or her backside.
Alden this was political gold for you!!
All you had to do is NOTHING!!
Just sit back say… “Well it wasn’t me that decided it…”
That way you could saved PPM some votes
Now… all you went do by this… lose votes by this move… trust me… PPM didn’t gain any.
This came off as a completely homophobic move.
Oh that’s right… I forgot… you can’t be Premier again so you won’t be running so… I guess you don’t really give AF. lol
But shouldn’t that also mean you should do something GREAT that you will can always be remembered for?
So since this is your last term… what will your legacy be may I ask?
Premier Over Thinker?
Premier I didnt really do anything?
Premier I wasn’t as bad as McKeeva..?
(Btw we can say whatever we want about McKeeva… but when he did something he did it!! Weather we agreed with it or not)
Seriously tho???
What I don’t know why I even supported you guys!!!
What have you all really accomplished under your power???
A new shitty airport? – Congrats.
Is that the type of Politician you want??? Alden is better than that and that is why he is standing with his people..
Just when we think we can pat ourselves on the back for receiving some positive international press, showing Cayman to be a forward-thinking light in the Caribbean, the greaseball and “his government” do their level best to drag us back into the dark ages.
This is truly a sad day for Cayman. The CIG wants to drag us back into the Dark Ages, just when we were about to emerge.
Does anyone know WHY gays want to get married? Is there a reason why they can’t do their thing without a marriage licence?
For the same reason as anyone else because they love each other.
Prime example of the type of person supporting the appeal notion: uneducated and misinformed.
Why yes, yes there is. And, Rhett, if you gave a damn, you’d understand the facts of the case at hand are that a Caymanian would like to marry their foreign partner and have that person conferred the right to live in Cayman, just as any other couple may do – and as I should have done with Ashley.
Some kind of legal union recognition is required for Immigration purposes, Estate planning, insurance and pension beneficiaries, mortgage and comingled mutual common property, hospital visitation, living and final wills, and of course, the welfare of their home and adopted child. Basically, all the legal partnership stuff that many straight Caymanians manage to screw up – sometimes several times over.
Complete waste of time and money – regardless if you are for or against. The legal opinion and rule of law is crystal clear. This is over – celebrate or cry – doesn’t matter….
You are completely wrong. The fundamental underlying issue here is that the rule of law has been thwarted by the CJ. It didn’t matter what the issue being scrutinized is. It doesn’t matter whether the issue is a small issue or an issue of national importance. The governing structure in place in the Cayman Islands and the world over has existed far too long and is of far greater importance for any judge to be allowed to ignore the constitutional separation of powers for any reason at any time. Judges cannot, must not and must never be allowed to legislate from the bench. When one branch of Government bleeds it’s power into another branch’s domain the result is always corruption and weakening of the system. So no matter where you stand on this particular issue, of greater significance is that we the people will always lose when we allow this to happen. You might not see the far reaching implications of a judge overstepping constituonal bounds because of the issue being discussed but it creates a dire, unprecedented and untenable situation for the citizenry of this country. The CJ and the Governor should be ashamed of themselves and both should be removed from their respective posts immediately. It is that important and that significant.
On the topic itself, CJ gave the wrong ruling as the constitution is crystal clear on its intent and on the relationship between the various rights included in the bill of rights. The preamble was drafted to add an additional layer of clarity as it provides the context within which the constitution was crafted. That document was scrutinised by the UK Government, using one of the most accomplished constituonal lawyers in the world, Ian Hendry. They agreed the final wording of the document with the CI delegation.
However, where a judge makes a ruling that leads him or her to the conclusion that a law should be changed, in giving that ruling the proper course of action is always to send the matter to the Legislstive Assembly, the only local body that can write or amend laws in the Cayman Islands.
I’m afraid to say that the clever money is on you being completely wrong. if you read the Summary of the Judgment you will see that the CJ has followed precedent which has already been agreed by the Privy Council.
Oh boy…we all know how this is going to end…
Yeah. You’re right – having this law will lead to the obvious imminent divine destruction of the island. Forget the fact that half of the legislature members have been involved in corruption, adultery, exorbitant gambling expenditures on CIG’s dime. Forget the immigration scandals and pedophiles running around – no no, we all must band together to focus on this one trivial matter and banish these two consenting female adults from marrying each other! No matter the cost! That’s our Caymanian Kind. Right guys and gals?
Paging Governor Roper…paging Governor Roper…can you please pick up the white courtesy phone for a message.
Love the downvotes against people advocating for basic human rights. These are the same people who know deep down that a same-sex marriage is never, in anyway, going to affect their daily lives – yet, they continue to force themselves in believing it will. Grow up people, the appeal will fail and same-sex marriage will literally never affect your daily life – try so focus on the larger issues plaguing the island like the immigration corruption, health issues, education (which, by the dissenting comments against this law seems to be a major factor), etc.
GROW UP LOL
Locals dont want it.
There should be a referendum on this not on the cruise port.
I know more CAYMANIAN gay and lesbian people than in the expat community. Try again.
Great…can Gov Roper now formally charge and arrest the Premier, Cabinet, and Speaker for contempt and incitement? I really hope so. This theatre is a perverse and cowardly abuse of parliamentary privilege which obstructs other business of the house…like enacting the SIPL law!
Let him try…We know now where he stands and he needs to go as well..wish this had happened before they gave him his extension so that we could have asked the FCO to send us someone else..
Utmost national importance! LOL
What a colossal waste of time and financial resources. This appeal is almost certainly doomed to fail and they know it. CIG had an opportunity to show some actual leadership here and encourage tolerance and understanding of the importance of extending human rights to all Caymanians, individual views aside. Instead, they have opted to kowtow to the very vocal religious contingent of voters who seem to think that “freedom of religion” means the freedom to force their religious views on everyone else.
The fact that CIG is going to have to be dragged kicking and screaming like a defiant toddler into the 21st century when it comes to extending full human rights to their own people is embarrassing. Maybe since we like referendums so much we could have one on whether CIG should be spending public monies on such a fool’s errand and voter placation exercise. Better to continue to buy votes with turkeys and refrigerators than by sacrificing the human rights of a minority just because it’s easier than finding a backbone and doing the right thing.
they know it will fail … thats why they doing it. so when it fails… no one can say the gov did not try …
I have no issue with them bringing this motion as long as everyone in the LA signs a personal guarantee to pay the legal fees, and not the country! Not in my name, thank you.
It worth every penny for the good of these islands.
If only. These morons can’t even read the CJ report. Long overdue for the Governor to put on his feathery helmet and step in on this. These women, their daughter, others like them, and the people of the Cayman Islands, shouldn’t have to retest something that has already undergone judicial review. That the LA doesn’t understand this and can’t admit defeat and explain what happened to their citizens is absurd.
Despicable Alden
The threat IS the aNole!
Do the people realize this is going to COST us, the people of the Cayman Islands, between CI$500,000.00 to over CI$2,000,000.00? Half a million to over 2 million dollars……wasted!
That money is better spent educating our youth and building the schools and trade schools that are needed!
What an utter disgrace that Government is going to WASTE more money on this issue instead of focusing on the pressing issues facing this country – education, unemployment, crime, and the list goes on.
STOP WASTING OUR MONEY BY APPEALING THIS!!!!!
It is not wasting our money if the majority of us want them to spend it….
Wasting the people’s money all for the sake of a few bible thumper votes, and they know it.
Do you think it is just the so called “Bible Thumpers” that oppose this…Can you imagine if this was sent to refrendum?
Thank you Alden!
I was thrilled to see Cayman joining many other countries in marriage equality; it would be heartbreaking to see this be revoked. Sending love from the UK #ColourfulCayman #LoveIsLove ❤️🧡💛💚💙💜
judiciary is to follow law…not change or make them…i am a native and agree with hon premier on this one…..
wrong… read the judgment.
Look up “Judicial Review” in the dictionary.
Actually you should look up judicial review in the dictionary… because I did… and it clearly states that a judicial review is a process by which the judiciary can review actions taken by the legislative and executive branches and make a declaration of unconstitutionality. Nowhere have I found anything that says the judiciary can then change the law, policy or procedure to bring it in line with the declaration. The irony of your ignorance is that the reason judicial review exists is to provide a check and balance on the legislstive and executive branches. However what was done in this case is the court overstepped it’s constitutional mandate and therefore the legislstive branch has no choice but to act as a check and balance on the judiciary.
Have you read the summary? Section 5 (1) of the Constitution permits the CJ to amend Laws. There are similar sections in other constitutions which the Privy Council has confirmed that the Courts can amend Laws in the way in which the Judge has held.
Equally in the UK, a JR can make a declaration of incompatibility against a statue which infringes upon people’s human rights, for instance the courts couldn’t introduce the death penalty without repealing the Human Rights Act 1998.
while it doesn’t happen all the time it is possible for the Courts to overturn laws.
amend, not create a new one…
1 24? You are so right.
It is not about discriminating against anyone.
Think people.
The rule of law.
The Constitution.
Focus please.
Read your constitution. It says that marriage is between a man and a woman.
Your constitution would have to reflect the change before Justice Smellie would be able to say what the meaning is.
Justice Smellie is wrong on this one.
We shall see but i bet he is not.
Read. The. Judgment.
You are suggesting that the Constitution provides a definition of marriage, but it does not; what is in the constitution is the protection of every unmarried man and woman to marry a person of the opposite sex. That does NOT mean that the rights of persons of the same sex should be excluded. If the intent (as i believe it was) of this section was to exclude the right for people of the same sex to be married, the language should have explicitly stated so. What is it explicit is the right to not be discriminated against and the right to family and personal life.
What is interesting about the mostly negative views on the CJ ruling is that the basis is not founded on facts or statistics but mainly intolerance and ignorant. To project this argument now that Cayman is a moral and christian society and that is what has to be protected is simply laughable.
How worrying is it that our “law makers” are unable themselves, or within their circles of experts, to find anyone willing to read and/or decipher the Chief Justices’ ruling? One, that our LA demanded and at significant public and PR expense? The human right to equality when it comes to home and family voids all repugnant efforts to restrict those freedoms by the insertion of invalid language elsewhere. It wasn’t just a loss, but a slam dunk loss.
That’s right, giving these two fine ladies more grief is of “utmost national importance”.
Alden is going to throw more money down the toilet on this foolish enterprise for no other reason than to be able to say to his bigoted constituents “I tried.”
What nonsense.
The hypocrisy of politicians like Premier Alden McLaughlin knows no limits. From his own mouth see link below
https://caymannewsservice.com/2016/01/discrimination-against-gay-couples-wrong-admits-premier/
There is nothing in this article that differs from what the Premier said in the statement I listened to. CNS should put up the written statement of the Premier.
CNS: As noted at the bottom of the article, the full statement is in the CNS Library.
12 20?
Hello
It is not an outdated agenda. The law states in the constitution that marriage is between a man and a woman.
Stop being manipulated by the in crowd that came to Cayman and is shaming you into saying marriage is for two men or two women. Why not two dogs or a cat and a man. No, God instituted marriage for a man and a woman. End of argument.
Are you advocating for bestiality? are you from West Bay?
Which God?
The God that gives you life!
So can the God bothers answer me this:
the doom and destruction that is about to befall the Cayman Islands because of the CJ’s ruling is that now put on hold? Does God therefore follow Alden’s lead on this matters…? Will doom and destruction only hit if the Court of Appeal grants the appeal or will God stay the destruction of these Islands until the Privy Council makes its ruling?
If doom and destruction only happens after the Privy Council’s ruling, shouldn’t god rain down destruction on the UK and not the Cayman Islands… it seems very unfair, it is after all a British institution. Equally it is odd that God hasn’t done anything to the UK since they introduced Gay Marriage.
Maybe this is Alden’s secret plan… God will destroy the Cayman Islands if it is a Caymanian institution that grants Gay Marriage but won’t if it is a UK institution….. And they say he is not a good politician.
Plus what type of destruction are we looking at? I don’t live on the ground floor so some minor flooding, i will be ok. However if is fire and brimstone, i will need to get some fire extinguishers.
is there a sliding scale on destruction? for instance…
Allowing people to eat shellfish……. pot holes in the road?
Allowing people to wear two different fabrics….. Intermittent WiFi?
A country that doesn’t stone it’s homosexuals ….. rising tides?
Gay Marriage……… full out destruction?
It seems very arbitrary.
LOL this comment made my day!
👏👏👏👏👏
Well said and you do have me thinking….
First check all insurance policies in regards to acts of GOD, you might what to make sure you have additional fire coverage (in case of the brimstone and all).
Also you might want to check with your insurance company to see if they have a cut off time for any additional coverage, I mean we don’t know if and when this might happen.
And does anyone know if we will get any advance notice, I need time to get the shutters up and go the Fosters.
Thanks
Dear Hon. Premier:
Excellent.
Justice Smellie should be interpreting the law not making the law.
The law has already been made and handed down in the Constitution stating that marriage is between a man and a woman.
Justice Smellie is wrong and should be impeached.
READ THE SUMMARY….. You don’t know what you are talking about!!!!
You there 1:19…. Does it not say in the Constitution now that marriage is between a man and a woman?
The Premier has to challenge this because if he does not, anyone can define any law they wish and come forward asking for and seeking any thing they want.
Does the rule of law mean any thing to some ignorant non thinking persons?
What the Constitution does not say is that Marriage is limited to a man and a women. Therefore the Judge is entitled to find as he did that it was not limited.
the Judge makes it quite clear that if the UK or the LA had wanted to limit marriage to a man and women then they could have said “only” a man and a women. They didn’t so therefore it is not limited.
I understand that this is a difficult concept… but the Judgement is really quite easy to understand… it does have some big words though… get a thesaurus
Please quote the exact words of the constitution. No where does it state that marriage is between a man and a woman. It states that Government should respect the right of every unmarried man and woman person of the opposite sex.. that is not definition or a limitation of marriage. The assertion you are making is based on a supposition.
CNS… why don’t you post the Premiers statement for all to read and see what he had to say.
CNS: I have just put it in the CNS Library, together with all the statements received so far plus the judgment summary. See the link at the bottom of this article. If you looked before, check again now.
I know that our islands are only a theocracy masquerading as a democracy and it will always be so until there is a true seperation of religion and politics but please use some common sense and realize that this is waste of money and a fight that can’t be won. If you do pursue this then what is the next step? Are you going to create a new censorship board and censor television shows, movies and the internet to stop people from seeing things that go against what your religion teaches? Are you going to push for conversion therapies to convert those that are LGBTQ back to being straight since it seems to offend your sensibilities so much? What about literature and books that offend you, are you going to be like the Polish congregation in the news recently that was burning Harry Potter Books and other such literature because they claimed they promoted Satanism? As a braca I am curious as to what more asinine depths are you going to sink to?
We all know this is because the Premier’s hands were forced because members of his party threatened to join the opposition bench if he didn’t appeal. Sad that those who hold office can blackmail the country for their own personal and hateful views, essentially draining the public purse on an appeal that’s destined to failure.
What absolute rubbish? So not true…
Firstly a constitute in Red Bay, I want to know how much is this going to cost us?
It sickens me to know there are so many other issues out there that need dealing with.
We are not a Banana Republic (maybe we are now).
I can’t wait for the elections, this man will not be getting my vote for such poor leadership (wait, that’s why he’s doing this, to be reelected again, not today bobo).
We have child molesters with no form of registry.
We need a more updated and larger prison
We need better schooling
We need better facilities for special needs children
We need better facilities for our mentally challaged.
We need to work on criminal matter
We don’t need to appeal this you Donkey!
We finally get good press from around the world about this judgement and now becuase of a few religious donkey asses that vote you are going to waste millions on appeals. WTF!
As a voter I really don’t give a shoot about who marries who. I do give a shoot about the bigger problems our island is going through and so should you..
I really can’t wait for the next ten years to go by and all you church bible bashing donkeys aren’t around, so we can get on with more important issues .
Oh and by the way, this appeal will be rejected but of course as you are looking votes from the churches, this is the only reason you are wasting my government fees, which by the way is about $100k pa, not as much as alot of companies but I do contribute to and should be listened too.
Well said. You are gambling Unity Govt!! Not all locals/voters are bigots so this move will be the nail in the coffin for PPM!!
“We have child molesters with no form of registry.
We need a more updated and larger prison
We need better schooling
We need better facilities for special needs children
We need better facilities for our mentally challenged.
We need to work on criminal matters”…
SAY IT A LITTLE LOUDER FOR THE FOOLS IN THE BACK!
These should be the issues in the fore-front for OUR Government to deal with instead of wasting OUR money on this appeal.
I grew up with Christian values & still believe that marriage should be between a man & a woman, however who am I to decide or cast judgment upon to those who choose to love the same sex.
“We need better facilities for our mentally challaged.”
The Legislative Assembly isn’t good enough for them?
Marriage Officer Joy Basdeo has signed the notice of marriage which is to set for April 10, 2019.
Mr. Vernon would turn in his grave….God rest his soul..
Some people just don’t know how to move on. As if two consenting same-sex couples agreeing to marriage is going to affect anyone’s lives whatsoever. Really? grow up lol
or instead maybe focus on how you are going to get back the country you have been giving away since you came into power?
told you before…
ignorance and hypocrisy are the cornerstones of caymanian culture.
wow…its one step forward and then two steps backwards around here.
what an international embarrassment for this backward spec of sand.
cig cannot go 5 mins with humiliating itself.
cig should be sued via class action for incompetence and discrimination.
This is a good move. Unfortunately, the way the CJ interpreted the constitution and then made his ruling leaves the constitution in a beligured way. I was very concerned with the CJ’s overreach – there is a reason for separation of legislature from judiciary.
Don’t think that this means I am bigoted, I am not and I believe gay people should have all the same rights as those of us who are heterosexual.
I think you’ll find that, sadly, this does mean you are bigoted.
Actually it doesn’t. This was handled the wrong way and leaves our constitution at risk. I would be more than happy to see this done the correct way rather than leaving our constitution in a position to be challenged in similar ways.
The government should never have let this come to this. However, the CJ has no standing to do what he did.
Amen!!
The Chief Justice has embarassed us! You can not discriminate without a PHYSICAL CHARACTERISTIC like skin color. Nor does disproving or condemning a behavior is wrongful discrimination! Sexual orientation means just that … an “orientation.” It is a conditioning. Why make laws of discrimination that is fictionally based??? People are not born gay, so there can never be a case of wrongful discrimination. Gay rights are pure fictional preveleges for a minority that are imposed on everyone!
CAYMAN: We need to stand up for real natural human rights and stop following the US or UK like they are gods!
Most obviously, the Chief Justice has been influenced from UK / EU philosophies on this matter, and lawyers from Bermuda took part as well!
One law, a pandoras box will lead to many other gay laws that will slip in. It is for we, the people of these islands to stop it. Don’t get sidetrack with false messages that its all about “love, equality, and fairness.” 👀
Unison
So you’re saying religious discrimination isn’t real?
Well said!
What the heck is a “gay law”?
So being gay is a choice, hmm, ok I will bite, assuming you have someone you love, why do you love them? What made you choose them over anyone else? Was it solely because they were the opposite sex? No, ok so love is a bit more complicated than just being of the opposite sex. Did you choose to be attracted to someone of the opposite sex or were you born that way?
Our Labour law reads as follows:
“No person (whether an employer or an employee) shall discriminate with respect to any person’s hire, promotion, dismissal, tenure, wages, hours or other conditions of employment, by reason of race, colour, creed, sex, pregnancy or any reason connected with pregnancy, age, mental or physical disability (provided their ability to perform the job is not impaired), political belief or the exercise of any rights under this or any other Law.”
You, Unison, suggest that this should now only apply to physical characteristics. In that case I may now discriminate based on your religion, your salary, your likelihood of having children, your political belief and much more. Maybe in that case you suggest that the government should discriminate against all Christian public servants and ban them from working for the state as the Cayman Islands is after all a secular country.
There does not exist a democracy with such lax discrimination laws for good reason. It is beyond comprehension why you would want something like that.
But he is right too. The Labor law give an employer the right to discriminate a person for certain jobs. I would never higher a slim 18 yr old girl to lift 100 lb boxes in my warehouse! Its a discrimination thats justified. As well, you mention religion, salary, et cetera. At least these things can be proven. Uni, questions where is the gay gene. It is completely fictional.
How do you prove religion or your political opinion in any other way than being gay? Simply by practicing it. Whether or not a gay gene exists is completely irrelevant, just like it’s irrelevant if you were “born” of a certain religion or political opinion. The fact that you say you are gay or religious or a capitalist is sufficient grounds to be protected from discrimination.
I’m not sure what is more concerning, your idea that discrimination only relates to physical characteristics (read the constitution and see that’s not the case) or the amount of people who think like you do…
if you think homosexuality isnt born, you are a fool. watch children play. boys hugging boys, and girls hugging girls. if anything heterosexuality is conditioned.
Trust me, we are born either male or female 😏
It’s so disappointing that our premier is giving in to the bigots. Surely he knows what the right thing to do is — which is to accept the ruling and spread equality. Surely he knows that Cayman will keep losing in court. Surely he knows that he is wasting the people’s money on a fight he won’t win. Surely he knows that Cayman will end up paying the court costs of BOTH sides. Yet he does it anyway. You can bet your last dollar that there would be no further litigation if it was HIS money! When are the bigots going to get it through their thick skulls that same-sex marriage takes NOTHING away from straight people. In fact, same-sex marriage benefits ALL, because everyone wins with a society that is more inclusive and welcoming. It’s sad that our leaders are so lacking in intelligence and understanding — but so rich in bigotry and hypocrisy. Whatever… same-sex marriage IS COMING to Cayman — and sooner, not later.
Not giving in..He is standing with the majority of the people of the Cayman Islands and its Constitution. If the Constitution is to be changed then it should done via referendum and through the Legislative Assembly, not by one Judge alone..
It would be nice if the politicians put this much effort into education, the dump or crime. What a waste of time and money this will be. On the bright side this might be when the UK finally steps in and lets them know who is really in control.
And have gay rights taught to 5 year old kids in school
You’ll find that most reasonable, educated people simply refer to them as human rights.
exactly– and look at how many dislikes for comments such as “focus your efforts on our failing education system, the dump, crime”… really???? You’re going to disagree with that comment? I guess you really can’t fix stupid!!! smh
Are all gay rights human rights? Nope.
Education is what you need. Just British is lop sided. Thats CJs education.
hetero rights arent taught to 5 years olds in school so why would gay rights be?
Mostly play dough and pasting dried macaroni tbh
Waste of time and resources. Stop the crazy bigotry and leave people alone to live their lives!!! Cayman has been on the wrong side of this issue for ages, now that’s finally being righted.
YES!!!!! Finally he gets some backbone!
No Judge alone should be making or enacting laws for the people of these islands…
Complete waste of resources. Let it go.
I agree with Alden on this.
12 26. Can you not see that foreigners came to Cayman and demanded this change? This is not necessary.
This is a foreign rabble stirring up things to make us look horrible.
What is wrong with the way things are.
Pastors will now be forced to say they no longer do weddings but blessings. This is already happening.
Cake bakers? Look for changes as this has happened too in that gays forcing you to do what you do not choose to do.
We live in a day and age when others are forcing you to think their way and not think the way you should which is God’s law and ways.
“Liberal” anti-God foreigners.
You do realise one of the women in this case is Caymanian…right?
Shame, shame, shame on the bigoted government. I am so disppointed in the spineless Premier McLaughlin. I wonder how his friends, family, and acquaintances who are LGBTQ Community members feel about him.
They should be applauding him for making a stand for the “majority” of the people.
I know of 50 people that voted for him won’t be in the next elections…
We in Red Bay sat he’s out!!
There are alot more import issues to deal with, this appeal is a total waste of government funds, time etc.
Time to grow up Cayman, get over it.
The head of the protestant and Catholic Church are fine with same sex marriages and they’re the head of your church.
Get the …. Over it!
Let’s hear from these 50 people…Somehow I think your statement reeks of poo poo…
I’m sure in the elections you will. Don’t forget no one really ran against in in Red Bay.
His party most likely would be getting back in power.
Reason for this, is Caymanian bible basher have a short term memory loss problem. The Gay Caymanian community won’t
This is a total waste of government funds, there are alot more issues than this that need to be dealt with.
Except it’s not the majority. The majority didn’t even vote in the constitution. The bar was set so low that it had to pass.
Frankly, my dear, I don’t give a damn.
Here we go again. The religious right – minority or not – are pushing against the tide. When will Cayman’s leaders realise that an outdated religious agenda is no good for the island’s future, it makes a laughing stock of politicians, and keeps Cayman in the list of backward countries.
So we are fine having inbred Jed’s, and multiple heterosexual partners and offspring, but a loving same-sex couple can’t be married ? Double standards if you ask me.
I think they are the “Majority” not the “Minority.” Bear in mind as well, two petitions were started one for and one against..Those for are up to about 300 signatures and the ones against are pushing 5000..says something!
They are the minority that are scratching and screaming for their outdated views to be desperately heard. Oh, deary, however will they be able to cope with consenting same sex marriages!! It’ll be the end of the world… right?
Anyone for it knows that both petitions are a waste of time.
The appeal has already begun and is already set course for failure. Don’t believe me? Check Bermuda.
I think many people are reluctant to have their name on a petition in support of gay marriage for fear of harassment and discrimination. A lot of the comments I’ve read attempt to make the logical leap of saying that anyone in support of gay rights must be gay themselves.
And that, friend, is how you quickly sift through the educated and uneducated.
Same could apply for the other one…You are already calling us bigots and anti-gay ..I’m neither, but I signed the other one because I believe this is overreach by the Chief Justice and he should not be legislating laws from the court…