The fight for marriage equality is not over

As Northern Ireland celebrated its first same-sex marriages in January this year, we rejoiced in having made marriage equality a reality throughout the UK.

But, that’s not quite the case. In the Cayman Islands, a British Overseas territory, same-sex marriage is still banned, as it is for many British Overseas Territories. And in many there is no legal recognition of same-sex partnerships at all.

Last week (27th July 2020), we were concerned to hear that the Cayman Islands’ legislature failed to pass the Domestic Partnerships Bill, meaning that same-sex couples cannot have their relationship recognised by the state.

This is despite the Cayman Islands Court of Appeal ruling that the Cayman Islands Government must legislate for same-sex partnerships to meet its Constitutional duties.

Same-sex marriage is still banned in many British Overseas Territories.

Same-sex marriage is still banned in many British Overseas Territories.

Civil partnerships and marriage equality have been key milestones in our journey towards LGBT equality in the UK. There have been many other vital steps (and many more we need to take), but to have the state recognise your relationship as equal to any other, has enabled us to live more confidently and freely in our communities, at work and in every part of our lives.

At the time of their engagement, the Cayman Islands banned any form of legal union between same-sex couples.

That’s exactly what Chantelle Day and Vicky Bodden Bush wanted for themselves.

They have been together for nearly seven years, and got engaged in September 2017, but they quickly realised that because Chantelle was from the Cayman Islands – a British Overseas Territory – their relationship didn’t exist in the eyes of her government. At the time of their engagement, the Cayman Islands banned any form of legal union between same-sex couples.

The couple was faced with an impossible choice: to either get married in the UK and return to the Cayman Islands where their marriage wouldn’t be recognised; or stay and fight for the right to marry the person they love in the place they call home. With support from friends, including local LGBT advocacy group Colours Cayman, they decided to fight for themselves and for every other same-sex couple denied equality in Cayman.

Their initial application for a marriage licence was swiftly rejected.

But they didn’t give up and on 29 March 2019, they, along with the rest of the global LGBT community, celebrated as the Grand Court of the Cayman Islands ruled to legalise same-sex marriage with immediate effect. The Court concluded that the ban was not compatible with the couple’s rights under the Cayman Islands constitution or the European Convention on Human Rights, which has effect in British Overseas Territories because the UK Government is a signatory.

Thewas postponed following an interim court order.

In November 2019 the Cayman Island Government won their appeal to overturn the legalisation of same-sex marriage. But the Court of Appeal also said the Government was causing undue pain and suffering by not recognising Chantelle and Vicky’s relationship on an equal basis to marriage, and directed the Cayman Island Government to immediately legislate to offer civil unions which have a ‘legal status equivalent to marriage’ for same-sex couples.

Last week’s vote stopped this legislation from progressing, putting the Cayman Islands Government in clear breach of its own Constitution.

It is time for the UK Government to step up.

It is time for the UK Government to step up.

In their judgment last year, the Cayman Islands Court of Appeal said: ‘In the absence of the expeditious action by the Legislative Assembly, we would expect the United Kingdom Government to recognise its legal responsibility and take action to bring this unsatisfactory state of affairs to an end.’

Now that the Domestic Partnerships Bill has failed to pass, the UK Government must step in and ensure that citizens in the British Overseas Territory of the Cayman Islands are not denied the rights enjoyed by British citizens in the United Kingdom. 

Many of the laws that exist in the British Overseas Territories are there because of anti-LGBT colonial laws introduced by Britain in the last two centuries. Despite self-rule, in the Overseas Territories the UK still has jurisdiction and a duty to LGBT citizens in those territories who are denied equal rights and equal treatment.

In fact, the courts in the Cayman Islands have made clear in their judgments that the UK is in breach of the European Convention on Human Rights in allowing this unequal treatment to continue in the Cayman Islands and other British Overseas Territories.

We should all have the right to marry the person that we love, and no one should be left alone in this fight. We stand in solidarity with the Day-Bush family and their supporters in Cayman and the UK. Now is time for the UK Government to act and fulfil its duty to LGBT citizens in all British Overseas Territories.