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'''Same-sex unions''' are not recognised in the [[Cayman Islands]]. The island's [[Statue|statutory law]] defines marriage between one man and one woman, however a lawsuit challenging this ban on [[same-sex marriage]] is currently pending in the [[Government of the Cayman Islands#Judicial branch|Grand Court]].
==History==
In 2006, the Cayman "People for Referendum" activist group began protesting against [[LGBT rights]] and same-sex marriage, after the Dutch High Court ruled [[Same-sex marriage in Aruba, Curaçao and Sint Maarten|Aruba]] had to recognise same-sex marriages registered in the [[Netherlands]]. The "People for Referendum" criticised the judgement, claiming that the British [[Foreign and Commonwealth Office]] (FCO) could force legal recognition of same-sex marriages in the Cayman Islands.<ref name="caymannetnews1">[https://ift.tt/2C02SXk Gay Life in Cayman Islands]</ref>
[[File:Homosexuality laws in Central America and the Caribbean Islands.svg|thumb|250px|left|'''Homosexuality laws in Central America and the Caribbean Islands.'''
]]
The new Constitution, approved in June 2009, notes that the government "shall respect" the right of every unmarried man and women of marriageable age as defined by law, freely to marry a person of the opposite sex and to found a family. The constitution does not, however, explicitly define the term 'marriage' and nor does it explicitly prohibit same-sex marriage.<ref name="constitution"></ref>
In August 2015, in light of ''[[Oliari and Others v Italy]]'', a case in which the [[European Court of Human Rights]] (ECHR) ruled that it is discriminatory to provide no recognition to same-sex couples, the Legislative Assembly unanimously (save for four abstentions) reaffirmed its same-sex marriage ban. The ECHR has jurisprudence over the Cayman Islands.<ref>[https://ift.tt/2BVIgzt Cayman Islands reaffirms ban on gay marriage in wake of European court verdict (Gay Star News)]</ref>
In 2015, the Premier of the Cayman Islands, [[Alden McLaughlin]], indicated that his Government was examining the immigration law and regulations to find a way to allow same-sex couples who are legally married in other jurisdictions the right to have their spouses recognised as dependants.<ref name="ECHR"/>
In July 2016, the island's Immigration Appeals Tribunal ruled in favour of a gay man who wished to be added to his spouse's work permit as a dependent. The two men's application was made 14 months prior to the ruling and was rejected by the authorities; they subsequently filed a lawsuit. A July 2016 ruling by the [[European Court of Human Rights]] had significant implications for the lawsuit. The ECHR found that a refusal to grant a residence permit to a same-sex couple in [[Italy]] on family grounds was unjustified discrimination.<ref name="ECHR">[https://ift.tt/2UgtTgu European Court ruling paves way for gay marriage case in the Cayman Islands]</ref><ref>[https://ift.tt/2C1rMWD Cayman Islands immigration tribunal finds in gay couple's favour]</ref><ref>[https://ift.tt/2QExjrR Gay couple wins work permit appeal]</ref> Despite this ruling, the immigration authorities later refused to grant dependency rights to two other dual Caymanian same-sex couples. The two couples were forced to leave the Cayman Islands, despite one partner being Caymanian.<ref>[https://ift.tt/2BZ7q0o Activists raise more concerns over discrimination]</ref> In December 2017, Colours Cayman, an LGBT group, raised these concerns with the [[European Union]] in hopes it would address this inequality.
On 6 October 2016, the [[Legislative Assembly of the Cayman Islands]] voted against a proposal to hold a referendum on whether the territory should legalise same-sex marriage. The proposal was voted down 9-8. It was filed by MLA Anthony Eden after the Immigration Appeals Tribunal ruled to allow the same-sex partner of a work permit holder to remain in the Cayman Islands as a dependent on his partner’s permit. Premier Alden McLaughlin expressed his opposition to the referendum proposal.<ref>[https://ift.tt/2UgtVF8 UPDATED: Bid for referendum on gay marriage fails] Cayman Compass, 6 October 2016</ref> In the weeks prior to the [[Caymanian general election, 2017|2017 elections]], legal expert Dr Leo Raznovich invited same-sex couples on the island to challenge the implicit ban on same-sex marriage in Cayman law, arguing the lack of express prohibition in the Constitution and local legislation to same-sex marriage triggers sections 24 and 25 of the Constitution.<ref>[https://ift.tt/2C2uQSm Same-sex couples urged to test Cayman marriage law]</ref><ref name="constitution"/> Shortly after taking office, [[Governor of the Cayman Islands|Governor]] [[Anwar Choudhury]] announced his support for [[Civil union|civil unions]].<ref>[https://ift.tt/2Ug3j7d Governor gives views on civil unions], ''Cayman Compass'', April 3, 2018</ref>
===Lawsuit===
In April 2018, a dual Caymanian-British same-sex couple, Chantelle Day and Vickie Bodden, revealed their intention to file a lawsuit challenging the Cayman Islands' statutory same-sex marriage ban, after their application to marry was rejected by the island's Civil Registry.<ref>Liquid error: wrong number of arguments (1 for 2)</ref> The couple formally filed suit with the [[Government of the Cayman Islands#Judicial branch|Grand Court]] on 20 June 2018, arguing that the section of Cayman's ''Marriage Law'', which defines marriage as between "one man and one woman", is incompatible with various rights guaranteed under the Constitution.<ref name=Hello1/><ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref name=Hello1>Liquid error: wrong number of arguments (1 for 2)</ref>
Oral arguments in the case were heard by the court, specifically Chief Justice [[Anthony Smellie]], in February 2019.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref name=FinalDayArguments>Liquid error: wrong number of arguments (1 for 2)</ref> During the arguments, lawyers representing the government admitted that there was a persuasive case, under the constitution, for same-sex couples to have a right to a civil union or [[domestic partnership]] scheme, though they argued that the creation of such a scheme should be left to legislators.<ref>Liquid error: wrong number of arguments (1 for 2)</ref> A ruling is expected to be handed down within weeks.<ref name=FinalDayArguments/>
==See also==
* [[LGBT rights in the Cayman Islands]]
* [[Recognition of same-sex unions in the Americas]]
* [[Same-sex marriage in the United Kingdom]]
* [[Recognition of same-sex unions in the British Overseas Territories]]
==References==
[[Category:LGBT rights in British Overseas Territories|Cayman Islands]]
[[Category:LGBT rights in the Caribbean|Cayman Islands]]
[[Category:Politics of the Cayman Islands]]
[[Category:Caymanian law]]
'''Same-sex unions''' are not recognised in the [[Cayman Islands]]. The island's [[Statue|statutory law]] defines marriage between one man and one woman, however a lawsuit challenging this ban on [[same-sex marriage]] is currently pending in the [[Government of the Cayman Islands#Judicial branch|Grand Court]].
==History==
In 2006, the Cayman "People for Referendum" activist group began protesting against [[LGBT rights]] and same-sex marriage, after the Dutch High Court ruled [[Same-sex marriage in Aruba, Curaçao and Sint Maarten|Aruba]] had to recognise same-sex marriages registered in the [[Netherlands]]. The "People for Referendum" criticised the judgement, claiming that the British [[Foreign and Commonwealth Office]] (FCO) could force legal recognition of same-sex marriages in the Cayman Islands.<ref name="caymannetnews1">[https://ift.tt/2C02SXk Gay Life in Cayman Islands]</ref>
[[File:Homosexuality laws in Central America and the Caribbean Islands.svg|thumb|250px|left|'''Homosexuality laws in Central America and the Caribbean Islands.'''
]]
The new Constitution, approved in June 2009, notes that the government "shall respect" the right of every unmarried man and women of marriageable age as defined by law, freely to marry a person of the opposite sex and to found a family. The constitution does not, however, explicitly define the term 'marriage' and nor does it explicitly prohibit same-sex marriage.<ref name="constitution"></ref>
In August 2015, in light of ''[[Oliari and Others v Italy]]'', a case in which the [[European Court of Human Rights]] (ECHR) ruled that it is discriminatory to provide no recognition to same-sex couples, the Legislative Assembly unanimously (save for four abstentions) reaffirmed its same-sex marriage ban. The ECHR has jurisprudence over the Cayman Islands.<ref>[https://ift.tt/2BVIgzt Cayman Islands reaffirms ban on gay marriage in wake of European court verdict (Gay Star News)]</ref>
In 2015, the Premier of the Cayman Islands, [[Alden McLaughlin]], indicated that his Government was examining the immigration law and regulations to find a way to allow same-sex couples who are legally married in other jurisdictions the right to have their spouses recognised as dependants.<ref name="ECHR"/>
In July 2016, the island's Immigration Appeals Tribunal ruled in favour of a gay man who wished to be added to his spouse's work permit as a dependent. The two men's application was made 14 months prior to the ruling and was rejected by the authorities; they subsequently filed a lawsuit. A July 2016 ruling by the [[European Court of Human Rights]] had significant implications for the lawsuit. The ECHR found that a refusal to grant a residence permit to a same-sex couple in [[Italy]] on family grounds was unjustified discrimination.<ref name="ECHR">[https://ift.tt/2UgtTgu European Court ruling paves way for gay marriage case in the Cayman Islands]</ref><ref>[https://ift.tt/2C1rMWD Cayman Islands immigration tribunal finds in gay couple's favour]</ref><ref>[https://ift.tt/2QExjrR Gay couple wins work permit appeal]</ref> Despite this ruling, the immigration authorities later refused to grant dependency rights to two other dual Caymanian same-sex couples. The two couples were forced to leave the Cayman Islands, despite one partner being Caymanian.<ref>[https://ift.tt/2BZ7q0o Activists raise more concerns over discrimination]</ref> In December 2017, Colours Cayman, an LGBT group, raised these concerns with the [[European Union]] in hopes it would address this inequality.
On 6 October 2016, the [[Legislative Assembly of the Cayman Islands]] voted against a proposal to hold a referendum on whether the territory should legalise same-sex marriage. The proposal was voted down 9-8. It was filed by MLA Anthony Eden after the Immigration Appeals Tribunal ruled to allow the same-sex partner of a work permit holder to remain in the Cayman Islands as a dependent on his partner’s permit. Premier Alden McLaughlin expressed his opposition to the referendum proposal.<ref>[https://ift.tt/2UgtVF8 UPDATED: Bid for referendum on gay marriage fails] Cayman Compass, 6 October 2016</ref> In the weeks prior to the [[Caymanian general election, 2017|2017 elections]], legal expert Dr Leo Raznovich invited same-sex couples on the island to challenge the implicit ban on same-sex marriage in Cayman law, arguing the lack of express prohibition in the Constitution and local legislation to same-sex marriage triggers sections 24 and 25 of the Constitution.<ref>[https://ift.tt/2C2uQSm Same-sex couples urged to test Cayman marriage law]</ref><ref name="constitution"/> Shortly after taking office, [[Governor of the Cayman Islands|Governor]] [[Anwar Choudhury]] announced his support for [[Civil union|civil unions]].<ref>[https://ift.tt/2Ug3j7d Governor gives views on civil unions], ''Cayman Compass'', April 3, 2018</ref>
===Lawsuit===
In April 2018, a dual Caymanian-British same-sex couple, Chantelle Day and Vickie Bodden, revealed their intention to file a lawsuit challenging the Cayman Islands' statutory same-sex marriage ban, after their application to marry was rejected by the island's Civil Registry.<ref>Liquid error: wrong number of arguments (1 for 2)</ref> The couple formally filed suit with the [[Government of the Cayman Islands#Judicial branch|Grand Court]] on 20 June 2018, arguing that the section of Cayman's ''Marriage Law'', which defines marriage as between "one man and one woman", is incompatible with various rights guaranteed under the Constitution.<ref name=Hello1/><ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref name=Hello1>Liquid error: wrong number of arguments (1 for 2)</ref>
Oral arguments in the case were heard by the court, specifically Chief Justice [[Anthony Smellie]], in February 2019.<ref>Liquid error: wrong number of arguments (1 for 2)</ref><ref name=FinalDayArguments>Liquid error: wrong number of arguments (1 for 2)</ref> During the arguments, lawyers representing the government admitted that there was a persuasive case, under the constitution, for same-sex couples to have a right to a civil union or [[domestic partnership]] scheme, though they argued that the creation of such a scheme should be left to legislators.<ref>Liquid error: wrong number of arguments (1 for 2)</ref> A ruling is expected to be handed down within weeks.<ref name=FinalDayArguments/>
==See also==
* [[LGBT rights in the Cayman Islands]]
* [[Recognition of same-sex unions in the Americas]]
* [[Same-sex marriage in the United Kingdom]]
* [[Recognition of same-sex unions in the British Overseas Territories]]
==References==
[[Category:LGBT rights in British Overseas Territories|Cayman Islands]]
[[Category:LGBT rights in the Caribbean|Cayman Islands]]
[[Category:Politics of the Cayman Islands]]
[[Category:Caymanian law]]
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