GRAND CAYMAN, CAYMAN ISLANDS, 6 July 2022:

Colours Caribbean, Stonewall and a select group of academics, along with key members of UK Parliament have been overseeing the preliminary draft of a bill introduced today by Michael Cashman CBE (Lord Cashman) to make same-sex marriage lawful in those British Overseas Territories where it is currently unlawful. If passed, the bill would empower local governors—who are appointed by Her Majesty The Queen—to make changes to the law that are necessary to legalise same-sex marriage. Provisions in the bill would, at long last, introduce equal civil marriage for same-sex and different-sex couples throughout the British Caribbean, aligning the Caribbean British Overseas Territories with all other dependent territories in the region. It will also place the Caribbean British Overseas Territories in line with all countries in the Americas that are subject to the Inter-American Convention On Human Rights (IACHR), which requires equal marriage.

The bill extends to six British Overseas Territories in the Caribbean: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; and Turks and Caicos Islands.

It is with tremendous pride that we announce the introduction of this bill. Colours Caribbean has been championing for marriage equality in the Cayman Islands for years now, by engaging with local parliament, the Governor, the Premier, international governments and press, via sociopolitical campaigns and also by various means of litigation, with Dr Leonardo Raznovich assisting throughout this time, including with respect to the same-sex marriage case involving Ms Chantelle Day and Ms Vickie Bodden Bush in 2018. While we did celebrate the victory of the Civil Partnership Act of 2020, as expected, it was not without considerable pushback from our own local parliament as well as select conservative groups who are still fighting its introduction in court by the Governor.

Following the long-awaited and disappointing decision by the UK Privy Council to deny marriage equality to both the Cayman Islands as well as Bermuda—which clearly revealed a discriminatory system of constitutional segregation—it is pleasing to see the UK Parliament recognising its responsibility in this regard and seeking to redress that through this bill by legislating same-sex marriage in all of the Caribbean British Overseas Territories. If this bill succeeds, it will not face the threat of being reversed by local courts on the grounds of constitutional incompatibility as the governors of every applicable jurisdiction will be empowered and required by Act of the UK Parliament to “make provision for the solemnisation of civil marriage of same-sex couples that is equivalent to the provision made for the solemnisation of civil marriage of opposite-sex couples.”

The US, the Netherlands and France extended equal marriage to their dependent territories as soon as it became legal in those countries. All of the UK has legalised same-sex marriage (in the case of Northern Ireland, being implemented by legislation of the UK Parliament, as is proposed in this bill) and other UK territories have also long since introduced legislation for same-sex marriage—the British Indian Ocean Territory, the Falkland Islands and Gibraltar to name a few. It is due time that those in the Caribbean be afforded the same equal treatment and protections under the law.

We look forward to the passing of the bill. Marriage equality has officially come to the forefront of the agenda and soon all British Overseas Territories in the Caribbean will enjoy the same rights with the same name, ending the anomaly of depriving us of the right to equality enjoyed by all British citizens in the entirety of the UK, the three crown dependencies and the rest of the British Overseas Territories.

In a recent press release regarding the introduction of the bill, Dr Leonardo Raznovich, Barrister and expert in the laws of the British Overseas Territories, stated in support of Lord Cashman’s bill:

“The decisions of the Privy Council against equal marriage for Bermuda and the Cayman Islands, while disappointing must be accepted on the understanding that the UK Parliament, which was responsible for the implementation of their constitutions, failed to protect vulnerable minorities properly. Further, the Privy Council made it clear that it recognised the historical background of stigmatisation, denigration and victimisation of gay people and that its decisions would create among them a sense of exclusion and stigma. The Privy Council, hence, saw force in the policy argument of equal marriage, which indeed they expressly stated in the decision for Bermuda.

“The clarity brought about by the Privy Council’s decisions in this regard means that all remedies and corrections through the judicial process have been exhausted and that the British Government can therefore no longer escape its own responsibility for the situation of vulnerable minorities in Bermuda and the Cayman Islands and other territories as a matter of policy.

“The UK Parliament through this Bill aims to correct the serious injustices that the Privy Council’s decisions have manifested. It will put an end to the unjustified discrimination and segregation on grounds of sexual orientation that British citizens face in relation to access to equal marriage in Bermuda, the Cayman Islands, the British Virgin Islands, Anguilla, Monserrat and the Turks and Caicos. It must be noted that in the last four territories there is currently no local legislation in place at all to protect LGBTI people, which is in itself a breach of numerous provisions of the European Convention on Human Rights or other international agreements.This Bill, if enacted into law, will therefore address the ongoing breaches by these last four territories of international obligations of the UK. It will also implement recommendations of the Foreign Affairs Select Committee of February 2019 by legislating marriage equality for all British citizens. Crucially, this Bill does not take anything from anyone but rather achieves a levelling up of disenfranchised vulnerable minorities with the rest of society. By bringing about full equality to these Territories, as Colours Caribbean has been advocating for many years, it will mean that Chantelle and Vickie and other couples will no longer need to seek exile in other parts of the UK and its territories away from their homeland, families and friends.

We would like to thank our excellent legal team, Alex Potts QC, Partner of Conyers for his assistance with defending the Governor’s implementation of the Civil Partnership Act 2020; Daniel Gerring, Partner of Travers Smith; Edward Fitzgerald QC, of Doughty Street Chambers; and Peter Laverack of Essex Courts Chambers for their continued efforts, working tirelessly towards achieving marriage equality for the LGBTQIA+ community of all British Overseas Territories in the Caribbean.

[See also further commentary below.]

Lastly, we would especially like to thank Ms Chantelle Day and Ms Vickie Bodden Bush for their courage and strength in challenging their local parliament and standing up for equality for all same-sex couples in the face of ongoing adversity. It is no exaggeration to say that you have succeeded in drastically improving the lives of the entire LGBTQIA+ community of the British Caribbean. You forever have our undying gratitude.

About Colours Caribbean

Colours Caribbean is a locally operated non-profit that aims to foster a safe and comfortable social environment for the lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA+) community of the Caribbean and Latin America by building a network of regional businesses and public venues free of discrimination and harassment towards anyone on the basis of their sexual orientation or gender identity. We advocate for LGBTQIA+ rights as Human Rights and promote the inclusion and equality of LGBTQIA+ persons in the Cayman Islands and throughout the Caribbean and Latin America.

END

Marriage (Same Sex Couples) (Overseas Territories) Bill

Lord Cashman has introduced a Private Members’ Bill in the House of Lords to make same sex marriage lawful in those British Overseas Territories where it is currently unlawful.

The Bill extends to six Overseas Territories: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; and Turks and Caicos Islands.

If passed, the Bill would make same sex marriage lawful in six Overseas Territories and empower local governors – who are appointed by Her Majesty The Queen – to make changes to the law that are necessary to allow weddings of same sex couples to take place.

Provisions in the Bill would introduce equal civil marriage for same sex and different sex couples, and protect individuals and religious organisations from being compelled to conduct religious same sex marriages.

The Bill had its First Reading on 6th July 2022 and now awaits a date to be scheduled for its next stage in the House of Lords.

Lord Cashman said:

“This Bill has one single purpose, and that is to bring about equality. Currently, same sex couples can marry in the UK but are prohibited from marrying in six British Overseas Territories. This is wrong, and the UK Parliament can and should act to end this obvious inequity. I believe this Bill has wide support among all those who favour equality over discrimination and are committed to upholding fundamental human rights.”

Nancy Kelley, CEO of Stonewall (she/her) said:

Professor Paul Johnson OBE, Executive Dean of Social Sciences at the University of Leeds, who worked with Lord Cashman to create the Bill, said:

“The UK and the Overseas Territories, along with the Crown Dependencies, form one undivided Realm. It is wrong, therefore, that some same sex couples, simply because of where they live, are denied the basic human right to marry that is enjoyed by others. The UK Parliament should legislate to ensure that all couples, regardless of sexualorientation, are treated equally.”

“The freedom to be who we are, to love who we love, and to marry if we want to, is a fundamental human right. Marriage equality is something we are rightly proud of here in the UK, but we cannot say that we truly have achieved equality when LGBTQ+ citizens in the British Overseas Territories are left out in the cold. This Bill is an opportunity to right that wrong, and we hope all parliamentarians will support it.”

Professor Paul Johnson OBE, Executive Dean of Social Sciences at the University of Leeds, who worked with Lord Cashman to create the Bill, said:

“The UK and the Overseas Territories, along with the Crown Dependencies, form one undivided Realm. It is wrong, therefore, that some same sex couples, simply because of where they live, are denied the basic human right to marry that is enjoyed by others. The UK Parliament should legislate to ensure that all couples, regardless of sexual orientation, are treated equally.”

NOTE:

Same sex marriage is lawful in seven Overseas Territories: the British Antarctic Territory; the British Indian Ocean Territory; the Falkland Islands; Gibraltar; the Pitcairn Islands; Saint Helena, Ascension and Tristan da Cunha; and South Georgia and the South Sandwich Islands.

In the Sovereign Base Areas of Akrotiri and Dhekelia, provision is made for marriage (including the marriage of same sex couples) between two people where, inter alia, one of the proposed parties to the marriage is a member of Her Majesty’s armed forces.

Same sex marriage is not lawful in six Overseas Territories: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; and Turks and Caicos Islands.

Purpose of Lord Cashman’s Bill

The purpose of the Bill is to make same sex marriage lawful in the six Overseas Territories where it is currently unlawful: Anguilla; Bermuda; British Virgin Islands; Cayman Islands; Montserrat; and Turks and Caicos Islands.

The Bill empowers the Governor of each Territory to make changes to the law in the Territory to recognize the lawfulness of same sex marriage and allow for the solemnization of marriage of same sex couples.

The Bill also protects individuals and religious organisations that do not wish to conduct or participate in a religious marriage on the ground that it is a marriage of a same sex couple.

Legislating for the Overseas Territories

There is no limit to the power of Parliament to enact primary legislation for any of the Overseas Territories.

As the UK Government has recognized, it “has responsibilities towards the people of the Territories” and, whilst it “acknowledges the sensitivity of this area of work”, it “believes that those living in the Territories have a right to expect the same high standards of governance as in the UK, including in the areas of human rights…” (Cm 8374, 2012, p. 9). This requires the UK to “promote the political, economic, social and educational advancement of the people of the Territories, to ensure their just treatment and their protection against abuses…” (Cm 8374, 2012, p. 13).

Therefore, by legislating to make same sex marriage lawful in the six Overseas Territories, Parliament would be ensuring that same sex couples receive equal treatment and are protected against discrimination on the grounds of sexual orientation.

Recent legal developments in Bermuda and the Cayman Islands

The Judicial Committee of the Privy Council – the final court of appeal for the British Overseas Territories – recently ruled that Bermuda law, which prohibits same sex couples from marrying, is constitutional. The Privy Council also recently ruled, in respect of a case brought

by Ms Chantelle Day and Ms Vickie Bodden Bush who wish to marry, that there is no right to same sex marriage under the Cayman Islands’ Constitution.

Dr Leonardo J Raznovich, Barrister, and expert in the laws of the British Overseas Territories, stated in support of Lord Cashman’s Bill:

“The decisions of the Privy Council against equal marriage for Bermuda and the Cayman Islands, while disappointing must be accepted on the understanding that the UK Parliament, which was responsible for the implementation of their constitutions, failed to protect vulnerable minorities properly. Further, the Privy Council made it clear that it recognised the historical background of stigmatisation, denigration and victimisation of gay people and that its decisions would create among them a sense of exclusion and stigma. The Privy Council, hence, saw force in the policy argument of equal marriage, which indeed they expressly stated in the decision for Bermuda. The clarity brought about by the Privy Council’s decisions in this regard means that all remedies and corrections through the judicial process have been exhausted and that the British Government can therefore no longer escape its own responsibility for the situation of vulnerable minorities in Bermuda and the Cayman Islands and other territories as a matter of policy. The UK Parliament through this Bill aims to correct the serious injustices that the Privy Council’s decisions have manifested. It will put an end to the unjustified discrimination and segregation on grounds of sexual orientation that British citizens face in relation to access to equal marriage in Bermuda, the Cayman Islands, the British Virgin Islands, Anguilla, Montserrat and the Turks and Caicos. It must be noted that in the last four territories there is currently no local legislation in place at all to protect LGBTI people, which is in itself a breach of numerous provisions of the European Convention on Human Rights or other international agreements. This Bill, if enacted into law, will therefore address the ongoing breaches by these last four territories of international obligations of the UK. It will also implement recommendations of the Foreign Affairs Select Committee of February 2019 by legislating marriage equality for all British citizens. Crucially, this Bill does not take anything from anyone but rather achieves a levelling up of disenfranchised vulnerable minorities with the rest of society. By bringing about full equality to these Territories, as Colours Caribbean has been advocating for many years, it will mean that Chantelle and Vickie and other couples will no longer need to seek exile in other parts of the UK and its territories away from their homeland, families and friends.”

Lord Cashman biography

Michael Cashman CBE is a former Labour MEP and currently a Labour peer of the House of Lords.