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Privy Council Upholds Cayman Islands Same-Sex Civil Partnership Law

This ruling reinforces constitutional protections for LGBTQ+ couples by confirming the governor’s power to enact the 2020 Civil Partnership Law.

Overview

  • The Judicial Committee of the Privy Council rejected the final appeal against Governor Martyn Roper’s enactment of the civil partnership law, affirming its legality.
  • The court confirmed that same-sex couples are entitled to legal protections functionally equivalent to marriage under the territory’s Bill of Rights.
  • The Civil Partnership Law followed a July 2020 parliamentary defeat of a civil unions bill and was enacted by Roper in September to uphold human rights.
  • Lawyer Chantelle Day and nurse Vickie Bodden Bush, whose landmark court challenge sparked the law change, said the decision underscores the need to remedy breaches of fundamental rights.
  • Advocacy group Colours Caribbean said the ruling clarifies that constitutional rights cannot be overridden by parliamentary vote and may influence LGBTQ+ rights in other Caribbean jurisdictions.