Cayman Islands: CJ clears way for judicial review of gay marriage

(CNS): Chief Justice Anthony Smellie will be hearing what is likely to be a landmark case in the Cayman Islands after he approved on Wednesday the application for a judicial review of the General Registry’s refusal to give two women a marriage licence. Chantelle Day and Vickie Bodden, who were denied the right to marry in April because they are in a same-sex relationship, are challenging the decision in court and now have the green light for the case to go ahead.

During the first brief hearing on the case, CJ Smellie confirmed that the judicial review could go ahead and also indicated that the case could be brought as human rights challenge. No one from the Attorney General’s Chambers was present at the short first hearing, an indication that the government was well aware that the JR was, as noted by the CJ, “well-based”. However, the country’s top judge said he would have thought the attorney general would have wanted to be heard.

Attorney Ben Tonner QC, who is representing the two women, confirmed that following the CJ’s order, he will be filing the formal application shortly.

Day, who is Caymanian, and works for a leading offshore law firm, will be returning to the Cayman Islands permanently next month with her fiancée, who is a British citizen, and their adopted daughter. They have filed for this JR as they are keen to marry and settle here. Read more via CNS