Cayman Islands: Governor imposing DP bill, not same-sex marriage

(CNS): Governor Martyn Roper will push through the Domestic Partnership Bill, which was defeated in the Legislative Assembly last week, rather than legislation giving full marriage equality for same-sex couples. Roper will be imposing the law through his Reserved Powers under section 81 of the Constitution and not by an order-in-council directly from the UK. The governor said it was a position he had not wanted to be in but he had no choice because he must uphold the law.

Following the controversial debate in the LA last week, the premier had warned that the UK would likely impose same-sex marriage instead of forcing through the Domestic Partnership Law, an opinion that was supported by a number of local attorneys and other commentators, and was an option that the local LGBT community had campaigned for.

But the governor said in a statement that the Foreign Office had decided that passing a version of the current bill would be the right approach, as this would fully comply with the Court of Appeal judgment.

However, there are flaws with the DP bill, not least the creation of a register of same-sex partners, which people feel could act as an open invitation to abuse same-sex couples. Nevertheless, the governor said he will publish the bill on Monday, opening a consultation period for 21 days before assenting to the bill and making domestic partnerships for same-sex couples legal by September.

Roper said that he will also address various other pieces of legislation at the same time that need to be changed to give effect to the law.

The governor pointed out that the Court of Appeal was clear that Cayman is in breach of the Bill of Rights in the Constitution and the European Convention on Human Rights (ECHR) by failing to put in place a framework for same-sex couples that is functionally equivalent to marriage. The Domestic Partnership Bill satisfies that legal requirement and at the same time maintains the current definition of marriage, he said. Read more via Cayman News Service