Civil partnerships now legal in the Cayman Islands

| 04/09/2020 | 124 Comments
Cayman News Service
Cayman Islands Governor Martyn Roper

(CNS): Governor Martyn Roper assented to what is now called the Civil Partnership Law on Friday, paving the way for same-sex couples in the Cayman Islands to register their relationships and enter into a legally recognised union. The law, along with eleven supporting amendment bills, will provide access to family and other related rights afford to married couples but previously denied to members of the LGBT+ community here.

Although the bill is now law, couples wanting to enter into this new partnership will have to wait until the end of this month because the civil service is being given three weeks to prepare to accept and process applications.

Some amendments have been made to the legislation as a result of the consultation period, including a tightening of open access to the register of civil partnerships, which had caused concerns about potential abuse. In this amended law those wanting to see the register or get information from it will need to provide an adequate reason for doing so to the registrar.

Other parts of the law have also been changed to bring this legislation more in line with the administrative requirements of the Marriage Law.

As he announced on Friday that he had given his assent to the law and the necessary accompanying legislative amendments using his reserved powers under section 81 of the Constitution, Roper once again said he recognised that this was emotive and difficult for some people, but also stressed the importance of recognising the rights of those who had been discriminated against.

“Today we will end the discrimination being suffered by Caymanians and others on our islands whilst protecting the institution of marriage,” Roper stated. “This action does not alter or undermine the strong Christian heritage and values of the people of the Cayman Islands. No one is being asked to change their long-held beliefs.”

Reiterating the long history that has led to this point and the accepted legal need to provide a framework functionally equivalent to marriage for same-sex couples, he said the law means that Cayman is now compliant with its own constitution and its obligations under the European Convention of Human Rights.

“An important principle in our Constitution and Bill of Rights is the protection of minorities. That principle protects all of us, now and in the future. We cannot pick and choose which rights are protected,” the governor said. “I urge everyone to recognise that same-sex couples have the right to legal and financial protection like everyone else. Accepting diversity and difference shows to the world that we are a caring community based on mutual respect, tolerance and equality for all.”

Roper dismissed ideas that his use of his reserved powers was going to lead to an increase in their use. He said Cayman retains full autonomy for domestic issues, such as education and immigration. “The UK fully respects Cayman’s autonomy in domestic affairs,” he said. “UK intervention in this manner is extremely rare.”

While Governor Stuart Jack used an order-in-council to make Cayman pay for the ill-fated Operation Tempura investigation in 2009, the last time a governor’s reserved powers were used was to legalise homosexuality in 2000, and before that it was used to abolish the death penalty in 1991.

“It is wrong to suggest that the UK will seek additional pretexts for intervening,” Roper said, noting that he had never wanted to be placed in the position of having no choice but to use them.

That sentiment was shared by Chantelle Day and her fiancée, Vickie Bodden-Bush. It was their application to marry in April 2018 that eventually led to this law, even though government had known since 2016 that it was in breach of the ECHR and its own constitution.

“The governor should never have been put in the position to have to use his reserved powers under the Constitution to uphold the rule of law. Similarly, the government should not have wasted money and our time dragging us through the court system for an inevitable result,” the couple told CNS following the announcement Friday.

When Day and Bodden-Bush were making plans to return to the UK almost four years ago they had contacted Premier Alden McLaughlin to ask about what plans government had to introduce same-sex partnerships. They would have been content with the type of legislation passed today if it had allowed them to come home to Cayman as a legally reconised family, but their inquiries met with silence. It was as a result of government’s failure to address their human rights violation that the couple moved to try to marry.

After taking the matter to court, they won their legal case in March 2019, and by changing just eight words in the Marriage Law, Chief Justice Anthony Smellie put an end to the ongoing discrimination and breaches of the Constitution and legalised same-sex marriage.

But under pressure from his own members of the Legislative Assembly as well as many representatives from local churches, Premier Alden McLaughlin challenged the move and won the appeal. However, although the Cayman Islands Court of Appeal overturned the chief justice’s ruling, it gave a direction to government to pass legislation to provide some form of marriage equivalency.

Day and Bodden-Bush are still fighting for same-sex marriage and their case will be heard by the Privy Council in February. Nevertheless, they noted the significance of today’s events. “We recognise this as a huge achievement and step forward on the road to equality for all in Cayman,” they stated.

Meanwhile, Colours Cayman the local LGBT+ community advocacy group, also welcomed the move, which has taken a long time to achieve. “While the law certainly falls short of providing full equality to same-sex couples, it is nevertheless a significant step forward for all of the Caribbean region and the Cayman Islands has now become something of a beacon of hope,” said President Billie Bryan.

But the LGBT activist said an alternative framework “is tantamount to legal segregation” and that the group believes the Cayman Constitution 2009 does not allow people to be treated separately but equally on any grounds. “We mustn’t forget why we are here: the Court of Appeal made segregation possible by effect of their judgment of November last year,” she added.

The Cayman Islands Human Rights Commission had advised government in 2016 that legislation was required to address marriage equality. That advice was supported by continuing advocacy by Colours Cayman. But Bryan pointed out that it was not until Day and Bodden-Bush took legal action that government began to take any notice of the persistent discrimination against the LGBT+ community and the need to address it.

In his statement issued on Friday, the governor said he hoped that the islands can now move forward and come together as a community. “Let us refocus our energies on pressing matters such as responding to the global pandemic, rebuilding our economy and protecting our environment,” Roper added.

But with significant opposition still coming from the church and the majority of legislators, including Cabinet members, the passage of this law is unlikely to put an end to this issue.

See all relevant legislation and statements in the CNS Library.


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Comments (124)

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  1. The Lord’s Witness says:

    I will tell you one thing he won’t be as forceful as he was with this abomination as he should be with protecting our precious environment or stopping corruption in these islands. As for you idiots calling down wrath on our heads I seriously doubt you will stay here when It comes to our door step and just like Ivan you won’t be here in the aftermath to help clean it either. Those who try to destroy faith in Lord you do it at your own peril. I encourage all to keep saying our prayers as neither disasters have left our gates .

    • Al Catraz says:

      The angry, jealous, punishing God is so much more fun to fantasize about than the loving and forgiving one. His followers delight in thinking about all the smiting that’s going to happen.

  2. Anonymous says:

    Please give some love and respect to Chantelle Day without her courage, dignity and conviction this would not have happened. She made me proud to be a Caymanian.

  3. Anonymous says:

    Thank you Mr. Roper for doing what our own incompetent MLA’s could not do. BTW saw some rain on the way to work this morning but no earthquakes or fireballs falling. Just saying!!!!

  4. Just breathe says:

    Well, fellow Christians, what do you know?!! It is Monday and we are all still alive, working, going to school, going to church, etc. The island did not split in two and sink to the bottom; the earth kept spinning on its axis and it is raining water as usual, not hell fire. You goin’ be aight.

  5. Anonymous says:

    The right outcome has been achieved with the wrong approach. As such, unnecessary and irreparable damage has been done to our islands. Divisions have deepened and trust has been eroded beyond repair.

    • Anonymous says:

      Anyone out of joint better get with the program or there’ll be more frequent use of Section 81, not less. I and many others would applaud it in many stagnant areas of governance. Someone had better fax or telex the “Christian Association for Civics and Political Education” (if that’s even a legitimate registered non-profit) that we are a UK Dependent Territory, and have been since 1670. It was Katrina Anglin of this CACPE group that also saw fit to protest Charles and Camilla’s arrival in the Cayman Islands on the basis of a CIG Needs Assessment Unit grievance. This is the mental horsepower at play. She sent a “legal statement” to Juju (?!?) and Bulgin in late July 2020 protesting DPB on the basis that it “was the first step in dismantling the institution of marriage”. She’s now secured public-funded legal aid to begin judicial review of Section 81 with a blind donation appeal to a Bank of Butterfield account.

  6. Anonymous says:

    We need to now have gender neutral bathrooms in all public places such as restaurants and hotels, places of business. There are many people that would prefer this and I trust the Premier and Governor will champion these efforts on our behalf like they did the civil unions bill..

    Come on Mr. Premier and Governor, let’s try to bring this backward country into the next century before anything changes at the next election, please? Protect and expand on our LGBTQ rights before there is even a chance of having a bunch of lunatic Christians winning the elections next year..

    • Anonymous says:

      I think we should also petition the Governor and Premier to make September 1, Gay Pride day in Cayman and a holiday. Make it a day when we can have a Gay Pride Parade like it is done in the United states and Canada..and yes let’s get it done now.

      Let’s piss the churches and the Christians off a little more. 🙂

    • Anonymous says:

      As a person who is transitioning, I am so happy to see that someone has brought this forward. I have many gay friends in the Cayman islands who I would like to continue visiting when this Covid situation is over and wouldn’t it be nice to see gender neutral bathroom implemented across the island by the time I next visit, particularly in nightclubs and restaurants. I look forward to the support of your Premier and Governor and thank you, whoever had these thoughts. I hope I run into you next time I’m on Grand Cayman.

      • Anonymous says:

        Although completely supportive of LGBGT rights, it is the calls for ‘gender neutral bathrooms’, transgender athletes competing in tournaments for ‘women’ and the introduction of same sex ‘education’ in schools, that will be next on the agenda. The LGBGT community need a cause and now that it has won (quite rightly) this first part, there will be those career-type activists who will continue their campaign for such issues until those previously sympathetic to the cause, will just get bored of it!!

    • Anonymous says:

      Yes! Then I can take your wife to the bathroom with me 🙂

    • Anonymous says:

      I love the smell of trolling in the morning.

    • Anonymous says:

      I totally agree in principal. Many cities have these and it’s not a big deal at all…but pragmatically, I wouldn’t trust our boarish men to be sufficiently cosmopolitan to lift the seat, pee directly into a toilet, clean up, put the seat back down, without also desecrating the entire toilet region over an evening of traffic. Even now, pee doesn’t always go into the urinal baskets. Barrel chests block all lower half navigation data and targeting line of sight is often impaired. Sad but true.

  7. Annie says:

    About time!

  8. Anonymous says:

    That stupid woman should spend the money on books for our schools. They Damm well need them.
    If only the premier had the balls to sack her

  9. Anonymous says:

    Welcome to the current century. In ancient times this was accepted. In the dark ages (where folks were burnt at the stake and books of knowledge thrown into bonfire of the vanities, etc…) not so, and now we are back to a tad more enlightenment.

    • Anonymous says:

      Enlightenment is not good for religion. It opens people’s eyes and mind a bit too much to believe everything they are told. I guess it’s a good thing inquisition is generally frowned upon.

  10. Last Zion says:

    Update… woke up today. Sun still shinning. Island hasn’t sunk below the sea.. saw a rainbow… god obviously approves of civil partnerships.

  11. Jtb says:

    Remember kids, it’s not bigotry if you call it religion

    “God told us to hate you”

    • Anonymous says:

      This is what you get when you blend, ignorance, arrogance and bigotry together.

      Another leftist drooling imbecile.

    • Anonymous says:

      And isn’t that just what you are doing? Just because you don’t like religion you want to make false generalisations? Plenty of good tolerant religious people in the world, but you choose to be blind to it. You place words within quotations so please do share where it has been said or written.

      • JTB says:

        My point is not that all Christians are hateful – obviously not.

        I am saying that bigotry is still bigotry even if you clothe it in the justification of religion.

        And you couldn’t be more wrong calling me a lefty. That’s more funny than you’ll ever know.

  12. Greg says:

    Long Overdue!

    • Devon says:

      Whats this nonsense I hear abou a possible JR against the assent of the Bill?

      • Anonymous says:

        I need to know who has 4k to throw at a lost battle in these times of economic hardship.

        As a straight person I’m losing nothing.

      • Anonymous says:

        I want to know who they bring it to and what they say. What a bunch of rubbish. They go to the same court which told them to address the issue? What on earth is this? Governor knows what he is doing.

      • Anonymous says:

        Well it’s not like the Governor didn’t know what he was doing. The instructions came all the way from UK, anyone who can read and saw the letter can understand that. What is the goal here is beyond me. Waste of time. What makes them think they know better than everyone in Cayman and UK? Ridiculousness of it is staggering. Not to mention the level of homophobia.

  13. Paul says:

    Signed, sealed – done! 👍👍👍✔️✔️✔️

  14. Concerned says:

    Thank you Governor Roper, you have shown that you have a heart and I commend you for doing the right thing. We are all human regardless or race,creed,colour or sexual preferences and we all deserve the same equality.So now that that matter has been (partially(?) settled, let’s get on with the matter of keeping everyone covid free and try to live as a loving and caring community.

  15. Dan says:

    Instead of wasting all of the courts time and the country’s money fighting against the rights of minorities, and arresting people for possession of cannabis, why doesn’t the government implement a plan to raise the standard of living across the board, to clean our environment, to reduce poverty, to ensure that everyone living in these beautiful islands has access to both affordable power and food?

    • Anonymous says:

      What about the basic human rights of our starving citizens who are sleeping on pavements and the beaches etc? Who is fighting to see that they have access to food and shelter in this ‘successful and progressive’ economy.

  16. Anonymous says:

    Great, whats next Cayman? Abortion clinics?

    • Anonymous says:

      Gay pride. Never been to any in my over 40 years of gay experience but this time I am going.

    • Anonymous says:

      Re Abortion: Yes please!!

    • Anonymous says:

      Standards in Public Life?

      • Anonymous says:

        Have you submitted your SIPL declarations as yet?

        Sounds like you have missed the dealine😂😂😂😂

    • Anonymous says:

      Liberals have ruined Cayman! Congratulations!

      • Anonymous says:

        10.50 People with a broader outlook on life have enlightened Cayman. Congratulations!

      • Anonymous says:

        For the other 100+ countries that preceded Cayman in moving in this direction, please share how those other countries were negatively impacted by such laws?

        How long did those opposing same-sex couples and equal rights for them, really believe they could withstand the changes that have swept around the world the past 20+ years? Or is it the sense of pride, pardon the pun, of being one of the last nations to take action that makes it all worth while. This will be a bleep on the radar in 5 years- no one will even remember the resistance.

    • Anonymous says:

      Hopefully

    • Anonymous says:

      With all the unwanted and unplanned pregnancies, teen pregnancies, and young unmarried women with 4 or 5 kids all from different useless absent fathers – maybe Cayman should open an abortion clinic. Forcing women to give birth to unwanted children only makes society poorer in so many ways.

      • Anonymous says:

        How about forcing people to be responsible? If you have free unprotected sexual relations you have to face the consequences that this can result in pregnancy. Gay rights have occurred, because people believe that Gays should have rights, but we cannot be selective about this. What about the rights of the unborn child?

      • Anonymous says:

        Its call responsibility!!, don’t make a sport out of killing a child because some people can’t keep their legs closed or know what protection is. You so called “tolerant left” are sick people.

        • Anonymous says:

          Yes and when your daughter is raped by their uncle you would want her to be forced to carry it? No thank you, our family flew out to where it is legal.

          But, why am I surprised? Caymanians tell other Caymanians to leave if they don’t believe.

        • Anonymous says:

          Idiot

        • Anonymous says:

          It’s really not a sport, so don’t reduce it to one.

          You cannot compel someone to be responsible. Seriously, you’re wasting your time.

          Abortion at least offers an option to avoid lifelong misery and a drain on the state.

          It won’t happen though.

    • Anon says:

      What would eb wrong with abortion clinics!!? All modern democracies have them – It’s 2020 not the 1500’s.

      • Anonymous says:

        Well, you should be thankful you were not aborted. How warped your mind must be?

        • Anonymous says:

          I’m thinking that the original posters parents wanted their child and they were able to provide for them to get a proper education to know that not everyone who supports abortion needs or wants to get one. I’m also sure you’re too ignorant to have thought rationally about why abortion clinics provide more than just safe abortions. They provide support for females who are of age to procreate by educating them on how to use birth control because they would prefer not to perform abortions.

    • Anonymous says:

      To 8:26am: would it be you visiting such clinics if we had them? No? Then mind your own down business.

    • Anonymous says:

      Abortion should be legalized. The Caymans have so many young uneducated Caymanian women living in poverty with 3 or more children supported by the government and from deadbeat abusive Caymanian fathers who are jobless bring nothing but crime to the community.

      This would be a good way to lessen the uneducated, poor and abusive relationships that are recurring generation after generation as these babies grow up and repeat this over and over. Maybe the Caymans will then have less people depending on the government for handouts. Thin the herd so to speak…

      • Anonymous says:

        Do not call my country the Caymans. No such place exists.

      • Anonymous says:

        not just Caymanian deadbeat fathers..lots from other countries that get to stay here and get status for the mere fact that they have children even though they don’t take care of them..

        Unfortunately, Caymanian women seem to like the idea of having several children from different fathers which imposes heavily on the social assistance available by the government. They should be encouraged to get abortions instead.

    • Anonymous says:

      This is honestly so needed here. So many unwanted and unplanned pregnancies.

    • Anonymous says:

      8.26 Abortions been happening as long sex been happening

    • Anonymous says:

      Yes, that would be a good OPTION!

  17. Last Zion says:

    Woke up this morning. Sun was shinning. God clearly doesn’t care about the Civil Partnership law of the Cayman Islands. Think we are going to be ok… like we were when the CJ amended the law last year…

    Suspect the only people who will mind is the Christian Taliban which have been so vocal in recent months.

  18. Anonymous says:

    Jesus Christ we’re a gay nation now! PRAISE THE LORD!

  19. Anonymous says:

    Well done girls for never giving up. Love has won!

    I hope you always knew that the majority of the population, AND GOD (if “he” exists and is actually loving) supported you.

    You deserve every happiness.

  20. Anonymous says:

    huh and would you look at that, the world didnt end. I was promised fire and brimstone, and end to mankind, dogs and cats sleeping together. I feel I may have been sold a false bill of goods.

  21. Anonymous says:

    Don’t worry, Arden soon come and rile up the church people to march.

    I wonder where he is? Since Ezzard throw some blows on Arden last Wed on Radio Cayman, he disappear.

    I glad the Baroness pretty much told him to go siddung

  22. Anonymous says:

    Yes yes yes!!! Thank you!! Well done all those that objected to it, you pushed it through!!! Law is the law! What next….

  23. Gray Matter says:

    If the Royals can have queers in their family,;I can’t see why Cayman cannot have some.

    • Anonymous says:

      Cayman always has (been here before this rock emerged from the sea). Just needed to hide from the homophobes who would practice their “religious persecution”, while living an immoral life themselves.

      Yes, the world didn’t end, and you/we can live the lives we want – just a slight bit better. Unfortunately, intolerance will continue for many years as ignorance is controlled by cognitive dissonance.

  24. Anonymous says:

    Governor Roper has shown true CaymanKind! Unlike our useless MLAs..

  25. BeaumontZodecloun says:

    This is nothing more than acknowledging equality for all of the population. It somewhat falls short of true equality, but it is better than the previous inequality. Thank you Governor Roper for having the SAND to do what is right and just.

    If we are a true Christian nation, we will rid our hearts of all hate and count our many blessings.

  26. Anonymous says:

    But he’s not even running in the next election, he won’t resign with a few months left.

    • Anonymous says:

      I dont remember him saying he wasnt running…just that he couldnt be Premier again. Hes certainly eligible to keep getting a $200K salary….maybe even Speaker which pays more!

  27. Anonymous says:

    If the Cayman Islands had to truly depend on the prayers of the hypocrites we have in the LA and in our wider community, we would have been doomed forever on any matter whatever they be. Prayers from the likes of such people “do not go higher than the ceilings of their places of worship and their homes.”

    Amen to that!!!!!!!!!!!!!!!!!!!

  28. Anonymous says:

    Thank you all for your prayers. They have worked. If you can not sleep over equality,please try to find God. True loving God will help to understand why a good thing is a good one and calm your troubled thoughts. God is love.

  29. Anonymous says:

    What a farce!

  30. Anonymous says:

    The only appropriate thing for Alden to do now is to resign. His failure to get his government ministers to support the DPB has put the country in an untenable situation.

    • Anonymous says:

      He should have never been picked to run for Glorious Leader to begin with!

    • Anonymous says:

      Even Alden can not control ignorance and ignorance is what old time Caymanianism is all about. It’s about roots and culture and celebrating their pirate and slave trader past. Take all you can and give nothing back.The future does not play well with the past.

      • Sanity says:

        It’s pretty disheartening to see so many anti God comments even mocking from those who are in support of this new law. I don’t agree with it but that doesn’t make me a bigot or homophobic. My beliefs are my own but I also love all people and respect their right to live their life how they see fit as long as it doesn’t physically harm me or take bread out of my mouth. I think people need to stop attacking people with different beliefs and start trying to find common ground because we are humans and are more alike than different. Don’t deride my faith as I don’t insult your sexual orientation. Live and let live.

        • Anonymous says:

          Don’t get upset about the anti god comments. After all, god is just a figment of your imagination.

          • BeaumontZodecloun says:

            Your comment is like cutting the offered olive branch in half, where you could have just left it alone if you didn’t want it.

          • Anonymous says:

            An imagination that God gave you to exercise free will. You can choose not to believe, but leave those alone that chose to believe. You can never prove he does not exist, just as believers cannot prove he does exist.

      • Anonymous says:

        Absolutely right Alden can not control ignorance, but we are not all uneducated politically ignorant individuals. Alden humiliated? He needs to accept that it was him and his administration that brought us to this point, because of his lack of backbone and fear of losing his precious seat, that it ended up in the courts, he had the opportunity of dealing with this issue years ago, stop blaming the opposition. He needs to apologise to the people for the disrespect he has shown them over the years and clean up the honourable house, give us an Honourable Speaker.

  31. Anonymous says:

    God save our gracious queen!

    May she come and rule over us directly to correct so many other of our Cayman society’s ills.

    Plea of a Caymanian.

    • Anonymous says:

      The plea of a slave.

      • Anonymous says:

        Said by a bigot

      • Anonymous says:

        We all come from either driftwood or slaves. Which are you and which is better? Why?

      • Interesting times says:

        If this is allowed, all these laws built on christian morality need to abolished. It’s time to allow sex toys into the country, open some adult stores, legalize strip clubs and casinos.

        • Anonymous says:

          I agree with the sex toys (a personal issue), but I’m actually not in favor of adult stores and strip clubs.

          I fully support tolerance for personal lifestyle – that is why it is called “personal.” Who you choose to love is your business. If respect and love is present, who am I to judge. I have seen in my 61 years many horrible M-F marriages where there was no love and respect.

        • Anonymous says:

          I agree with 3:15pm – sex toys for personal use should not be an issue but for the rest of it, there are direct flights to the States or Nassau.

    • Anonymous says:

      When will she send her knight? Just hope the governor will be around to enjoy the LGBTQ displays. Happy motoring.

  32. Anonymous says:

    If the gays can have their rights and the violent alcoholics can party all night then stab each other m, give me my right to grow my weed and stay home with a cup of cannabis tea now.

  33. Anonymous says:

    Thank you Lord for answering our prayers. Love wins!

  34. Anonymous says:

    👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻 Alright!

  35. Anonymous says:

    Well done Governor. Tomorrow the sun will rise and Cayman will be just fine.

  36. F.Smith says:

    A couple more steps out of the dark ages!!! Yes!!! Juju better start praying for something else now, like providing a proper education for all of the children of the Cayman Islands. Amen.Peace.Out.

    • Anonymous says:

      Actually, she needs to get off her knees. She needs to stop praying and get to work working for the people. They say prayer is the answer. But I think you pray and then work like hell to make your prayers come true. Personally I think Jesus would be pissed at the way those of you who claim you are followers act.

  37. Anonymous says:

    The ones who were singing Oh happy day when DPB was defeated and were so happy discrimination was not put an end to then, laugh now. Thank you,Governor.

  38. Anonymous says:

    When we talk about protection of a minority group; is there an argument that says: within this great big world of liberal policies where anything goes, the moral views of a minority group (i.e. lil ol us in the Cayman Islands) merit protection as “our” chosen way of life?

    Why are we, as a minority group in this world excluded from protection. There are numerous examples of other countries adopting a set of rules and norms that govern their respective societies, no one intervenes and insist that equal rights be afforded to all. Is the UK imposing this on our society simply because it can?

    • Anonymous says:

      No. Because it’s the right thing to do to comply with rule of law and because it was to be done years ago. But don’t worry, unless you are an LGBTQ person it really has nothing to do with you.

    • Dan says:

      This is true, a lot of great countries like Saudi Arabia design laws to protect religious virtues. It’s unfortunate, that these rights unfortunately take priority over the rights of women and non-muslims.

  39. Anonymous says:

    Well done Governor!

  40. Anonymous says:

    Ju Ju never wash the man feet, now look where we are.

  41. Anonymous says:

    uh oh.

    And lo we shall all be smite upon the altar of gideon.

  42. Anonymous says:

    Willing to bet this comment section will be supportive and welcoming of this decision.

  43. JTB says:

    Excellent

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