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Privy Council denies same-sex marriage appeal – Caymans

The UK Privy Council denies the same-sex marriage appeal by Chantelle Day and Vickie Bodden-Bush of the Cayman Islands Court of Appeal’s decision to overturn Chief Justice Anthony Smellie’s 2019 ruling legalising same-sex marriage.

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The London-based judicial board rejected their argument and upheld the position of the Cayman Islands Government (CIG) that the CI Constitution does not create a right to marry for same-sex couples. Britain’s highest court of appeal for the United Kingdom Overseas Territories found that the Cayman Islands Bill of Rights is clear that marriage is reserved for opposite-sex couples.

In 2018, after the general registrar rejected the couple’s application for a marriage licence, they began their legal action and won following a Grand Court hearing.

But the government quickly moved to appeal and secured a stay on the chief justice’s ruling, preventing the couple’s plans to marry that very week. The government went on to win its appeal, which led Day and Bodden-Bush to the Privy Council, where their case was heard just over one year ago.

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After learning that their appeal had been denied, the couple’s attorneys, McGrath Tonner, who have represented them from the start of the action, released a statement on their behalf expressing their disappointment. But the lawyers implied that the women were not giving up the fight and were now considering taking the case on to the European Court of Human Rights.

“Notwithstanding the Chief Justice’s 2019 ruling that the Cayman Islands Government can ‘no more justify exclusion from the institution of marriage on the ground that a couple are of the same sex, than exclusion could be justified on the ground that a couple are of different races’,* the Privy Council has upheld the Court of Appeal’s decision that same sex couples in the Cayman Islands have no right to access the institution of marriage,” the lawyers wrote in the statement.

*What exactly does miscegeny (interracial marriage), have to do with the so-called marriage of two persons of the same sex? There is nothing in the marital act that precludes the two sexes who happen to belong to two different races, from marrying. They can fulfill the primary purpose of marriage just fine. But it is impossible for two of the same sex to be married as they are incapable of having sexual intercourse and thus bearing children. Sex by its definition is: the state of being either male or female. (Cambridge dictionary) Marriage is the union of those two sexes. Another confounding of terms by the “gay mafia” to conflate the real issue. – Editor

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“With the assistance of their legal team, Chantelle and Vickie are actively considering their legal options, including their right of appeal to the European Court of Human Rights in Strasbourg,” the release stated.

*Sadly, given that court’s track record, they’ll probably win that appeal. – Editor

UK court denies same-sex marriage appeal – Cayman Islands Headline News  Cayman News Service

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