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Marriage equality for the Cayman Islands/Same-sex marriage legalised in Cayman Islands

By Leonardo Raznovich

One cannot embrace love without freedom; one cannot embrace freedom without dignity; one cannot embrace dignity without equality. Today the Cayman Islands made important progress towards equality and becoming a fairer society. In time, this decision will be seen as a victory for all. Right now, however, we celebrate that Chantelle and Vicki have acquired the freedom to love one another with dignity in the eyes of the law. My husband, James Reeve, and I wholeheartedly wish them both, and their respective families, a future together full of love, health, happiness and mutual respect. 

To the government of the Cayman Islands, you have had ample opportunity to address this issue but have consistently failed to act.  I and others have warned many times over that equality for all is required by the Constitution, without any exception. Today the court has done the job that the government was unable, or unwilling, to do.

If we look to the Bermuda same-sex marriage case, not a single judge was convinced by the arguments of the Bermudian government that civil marriage must remain an exclusive heterosexual institution. Furthermore, the UK Parliament has set its view very clear on this matter: same sex marriage must be extended to every corner of the UK including all of its overseas territories. As a matter of law and as a matter of politics, any prospect of appeal is set to fail and to constitute a haemorrhaging of money that the government should instead use for health, education or other areas that will benefit all Caymanians, rather than a group of narrowed minded anachronic churches whose mission appears sometimes to divide and to promote hate, rather than to unite and promote love. For those extremists who would rather support independence, I’d simply say that the Organisation of American States would undoubtedly welcome the Cayman Islands, but be mindful that equal marriage is required by the Inter-American Court of Human Rights in the American continent.

To those that oppose this decision as a matter of principle rather than with hate, I say this: denying two people the ability to love one another, to commit to each other and to support each other throughout life, in good and in bad times, to have that love respected and protected by the country in which you were born and raised, is the cruellest of all evils. Look into your hearts and search your soul. Is this something that you wish to continue to endorse? Find the wisdom and courage to accept change, because today you have lost nothing, this decision will not force you to marry someone of the same sex nor will force any church to celebrate a same sex marriage. However, the Cayman Islands have instead become one of the most advanced nations in the Caribbean, something of which you should all be proud.

Dr Leonardo J Raznovich, Barrister 

Related:

Same-sex marriage legalised in Cayman Islands

By Sofia Lotto Persio From Pink News

Cayman Islands recognises same-sex marriage. Couple Chantelle Day and Vickie Bodden Bush are now legally married. (Twitter)

The Cayman Islands, a British Overseas Territory, has legalised same-sex marriage with immediate effect.

The Grand Court of the Cayman Islands ruled in favour of marriage equality on Friday (March 29), legalising same-sex marriage following a court case brought against the Cayman Islands by a lesbian couple.

The ruling comes less than a year after Chantelle Day and her partner Vickie Bodden Bush applied for the right to be married in the Cayman Islands, but had their application rejected due to the fact that they are a same-sex couple.

They initially said that they’d be prepared to accept a civil partnership as long as their relationship could be recognised by law, but since their plea was rejected they were forced to litigate to have their relationship officially recognised.

“The Chief Justice’s judgment beautifully combines the common law and European Court case law, with a healthy dose of common sense. Equality means equality. Love is love.”

— Peter Laverack

The couple then set up a GoFundMe page to fight for the right to be married in her home country.

On Friday, the Chief Justice accepted their arguments, modifying the Marriage Law with immediate effect to allow same-sex marriage.

“Same-sex marriage is now lawful in the Cayman Islands!!” Peter Laverack, an attorney for the couple, tweeted on Friday.

He added: “Congratulations to my clients Chantelle & Vickie. Pleasure to have been junior counsel to Ed Fitzgerald QC Doughty Street and Ben Tonner QC.”

Chantelle Day, Peter Laverack, and Vickie Bodden Bush stand outside the court in the Cayman Island that legalised same-sex marriage on March 29.
Chantelle Day, Peter Laverack, and Vickie Bodden Bush stand outside the court in the Cayman Island that legalised same-sex marriage on March 29. (Supplied)

Laverack was nominated for PinkNews Campaigner of the Year in 2018 for his advocacy on LGBT+ rights around the Commonwealth.

In a statement to PinkNews, he said: “Chantelle’s and Vickie’s relationship finally has been recognised. For too long they and their daughter were denied what loving couples and ordinary families take for granted. The Chief Justice’s judgment beautifully combines the common law and European Court case law, with a healthy dose of common sense. Equality means equality. Love is love.”

Jonathan Cooper, barrister at Doughty Street who has advised the couple on their case, said: “Chantelle and Vickie should not have been forced to litigate in order to have their relationship recognised in law. It’s a scandal that the FCO made them do this. When will this Government put its money where its mouth is and mainstream LGBT equality across the board?

“The FCO could and should have insisted that all British Overseas Territories recognise LGBT relationships in law. Instead, they dragged Chantelle and Vickie through the courts. It’s brilliant what Chantelle and Vickie have achieved, but it’s also demeaning to have to compel your Government to recognise your love.”  

Paul Twocock, executive director of campaigns and strategy at Stonewall said: ‘We’re really pleased same-sex couples in the Cayman Islands will now be able to have their relationships legally recognised. This follows a legal case, where this inequality was challenged by Chantelle Day and Vicky Bodden-Bush.

‘This news is a landmark moment and will mean a lot to many same-sex couples in the Cayman Islands and give hope to those in the few other British Overseas Territories that do not yet recognise same-se relationships. It’s a crucial milestone on the road to LGBT equality for same-sex couples to have their love and relationship recognised and held on the same footing as everyone else.’

For more on this story go to; https://www.pinknews.co.uk/2019/03/29/same-sex-marriage-legalised-in-cayman-islands/

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