Same-sex marriage in Bermuda

Legal status of same-sex unions
Marriage
Performed
Recognized

  1. Marriages performed in some municipalities and recognized by the state
  2. For some purposes, from all jurisdictions where same-sex marriage is legal
  3. When performed in Mexican states that have legalized same-sex marriage
  4. When performed in the Netherlands proper
  5. Registration schemes opened in all jurisdictions except Hualien County, Penghu County, Taitung County, and Yunlin County

* Not yet in effect

LGBT portal

Same-sex marriage has been legal in the British Overseas Territory of Bermuda since 5 May 2017. The Supreme Court of Bermuda issued a ruling on that date declaring that same-sex couples have a legal right to marry in the territory.

Same-sex marriage and civil unions

History

The Bermudian Government first made clear in 2004 that it would not consider the recognition of civil unions or same-sex marriages.[1] In May 2006, Member of Parliament, former Tourism Minister Renee Webb tabled a private member's bill to add sexual orientation to the Human Rights Act. The bill was squashed when members of Parliament refused to discuss it. Socially, the situation was hard enough that some gay residents had chosen to emigrate, particularly to London in the United Kingdom (of which Bermudians are citizens), in order to be able to openly be in same-sex relationships. One such emigrant noted that same-sex relationships had to essentially be secret, with partners introduced only as "friends" and relationships between two Bermudians as being very difficult.[2]

On 18 June 2013, newly elected Premier and leader of the OBA Craig Cannonier ruled out same-sex marriage in Bermuda, stating, "I can assure you that under my leadership this is not about same-sex marriage, and under my leadership that will not happen." [3][4]

An amendment to Section 15 of the Matrimonial Causes Act, which requires marriage to be between a man and a woman was introduced to Parliament in 2016. The amendment would override the Bermuda Human Rights Act's anti-discrimination provisions on the basis of sexual orientation and retain language stating that marriage is limited to a man and a woman. On 8 July 2016, the House of Assembly passed the bill by 20 votes to 10.[5] On 21 July 2016, the Senate rejected the legislation, in a 5–6 vote.[6][7]

Referendum (2016)

On 11 February 2016, Attorney General Trevor Moniz announced that the Government would introduce a bill to create civil unions for same-sex couples. He ruled out the legalisation of same-sex marriage.[8] On 29 February 2016, the Government announced its intention to hold a referendum on both same-sex marriage and civil unions.[9] On 12 March 2016, Premier of Bermuda Michael Dunkley announced that the referendum would take place mid-to-late June 2016.[10] The results of the referendum were not binding and were described by Dunkley as only a way to get some clarity on the issue. Voters were asked two questions: "Are you in favour of same-sex marriage in Bermuda?" and "Are you in favour of same-sex civil unions in Bermuda?"[11] Opposition leader Marc Bean added that after the results of the referendum are announced, the Government will govern accordingly.

The non-binding referendum on same-sex marriage was held in Bermuda on 23 June 2016.[12][13][14] Voters were asked two questions; whether they were in favour of same-sex marriages and whether they are in favour of same-sex civil unions.[12][13][14] Both proposals were rejected by 60–70% of voters, though the referendum was invalid as less than 50% of eligible voters turned out.[15]

A November 2015 ruling from the Supreme Court of Bermuda found that the same-sex partners of Bermuda residents should have the same rights to employment and benefits as all other spouses in Bermuda, without restrictions from immigration requirements.[16] The Government did not indicate that they would appeal the decision; however, they did ask for implementation of the judgment to be suspended for an evaluation of the full scope of the judgment on such laws effecting "bankruptcy, estates, wills, succession rules, the right to inherit or receive bequests, health insurance legislation, pensions and social insurance".[17] The ruling came into effect on 29 February 2016.[18][19]

In June 2016, after the referendum, two same-sex couples indicated they would apply for marriage licenses and hope for a court ruling to settle the issue.[20] On 6 July 2016, a male same-sex couple filed notice of their intent to marry with an accompanying letter from their attorney requesting that the banns be posted within two days. The letter went on to state that unless the registrar notified the parties within the two-day time frame, proceedings would be initiated in the Supreme Court of Bermuda.[21]

On 8 July 2016, the Registrar General's office rejected the application to publish banns for a same-sex couple who had applied for a license earlier in the week,[22] which prompted their attorney to file a writ asking the Supreme Court to determine if the refusal contravened the provisions of the Human Rights Act.[23]

The case was heard by acting Chief Justice Charles-Etta Simmons of the Supreme Court on 1–3 February 2017.[24][25][26]

Supreme Court ruling (2017)

Judge Charles-Etta Simmons issued her ruling in favour of same-sex marriage on 5 May 2017.[27] Judge Simmons wrote; "on the facts, the applicants (Winston Godwin and his Canadian fiancé, Greg DeRoche) were discriminated against on the basis of their sexual orientation when the Registrar refused to process their notice of intended marriage...The applicants are entitled to an Order of Mandamus compelling the Registrar to act in accordance with the requirements of the Marriage Act and a declaration that same-sex couples are entitled to be married under the Marriage Act."[27][28]

The same-sex marriage supporting Rainbow Alliance issued a statement following the ruling saying "the ruling is a victory for all same-gender loving people in Bermuda [and] ensures that same-gender couples can enjoy the same legal protections as heterosexual spouses do." The group Preserve Marriage, which opposes same-sex marriage, stated the ruling was "an attack on traditional marriage [and] on Christian and other faith-based traditional values".[29][30]

Judge Simmons' ruling includes a draft order giving effect to the judgement, though she will hear from counsel on precise terms of the final order before it is given effect.[31][32]

On 9 May 2017, Minister of Home Affairs Pat Gordon-Pamplin said that the Government will not appeal the ruling.[33] The Registrar General posted the first wedding banns for a same-sex couple on 17 May[34] and the first same-sex marriage ceremony in Bermuda was celebrated on 31 May 2017.[35]

The ruling was welcomed by the operators of several cruise lines with Bermuda-flagged ships, on which marriage ceremonies are performed under Bermuda law.[36]

Furbert bill

Following the July 2017 elections, which resulted in the Progressive Labour Party (PLP) returning a comfortable majority of MPs in the House of Assembly, PLP MP Wayne Furbert stated he would re-introduce a bill banning same-sex marriage to the Parliament in September, saying he expected the bill to pass. The bill would only need to be passed by the Senate if it was amended; if it passed in its current form it would not need the approval of the Senate before being sent to the Governor for royal assent.[37]

Public opinion

An opinion poll in July 2010 showed 27% in favour of same-sex marriage and 51% against.[38]

An October 2015 Global Research’s poll, commissioned by The Royal Gazette, found that 48% of Bermudians supported same-sex marriage, 44% were against.[39]

See also

References

  1. ↑ Titterton, Sarah (February 28, 2004). "Island will not consider legalising gay unions, says Minors". The Royal Gazette. Retrieved May 3, 2009.
  2. ↑ Huish, Sirkka (July 3, 2009). "I could never be open about my sexuality at home and had to move to London".
  3. ↑ Hainey, Raymond (June 18, 2013). "Cannonier: Gay marriage "will not happen"".
  4. ↑ "Premier Cannonier: No Same Sex Marriage". Bernews. 2013-06-19. Retrieved 2013-10-08.
  5. ↑ Johnston-Barnes, Owain (8 July 2016). "Bill stops same-sex marriage". Hamilton, Bermuda: The Royal Gazette. Retrieved 9 July 2016.
  6. ↑ Bermuda Senate narrowly rejects anti-marriage bill
  7. ↑ Senate rejects Human Rights Act Amendment
  8. ↑ Civil union legislation plans unveiled
  9. ↑ Bermuda plans referendum on same-sex marriage
  10. ↑ Jung Thapa, Saurav (26 March 2016). "Bermuda Plans Referendum on Marriage Equality and Civil Unions". Human Rights Campaign.
  11. ↑ "House: same-sex referendum likely in June". The Royal Gazette. 12 March 2016.
  12. 1 2 Bermuda same-sex marriage referendum set for June 23 Jamaica Observer, 12 May 2016
  13. 1 2 Referendum (Same Sex Relationships) Act 2016 Bermuda Laws Online
  14. 1 2 Referendum (Same Sex Relationships) Notice 2016 Bermuda Laws Online
  15. ↑ Jones, Simon (24 June 2016). "Voters roundly reject same-sex marriage". Hamilton, Bermuda: The Royal Gazette. Archived from the original on 25 June 2016. Retrieved 29 June 2016.
  16. ↑ "Bda Bred Co v Min of Home Affairs et al [2015] SC (Bda) 82 Civ" (PDF). Supreme Court of Bermuda. 27 November 2015. Archived from the original (PDF) on 7 May 2017.
  17. ↑ "Same-sex ruling: the likely implications". The Royal Gazette. 27 November 2015. Archived from the original on 7 May 2017.
  18. ↑ "Same Sex Partner Rights Take Effect Today". Bernews. 29 February 2016. Archived from the original on 2 March 2016.
  19. ↑ "Ministerial Statement by the Minister of Community, Culture and Sports" (PDF). Parliament of Bermuda. 29 February 2016. Archived from the original (PDF) on 7 May 2017. Mr. Speaker, the Chief Justice's declaration in the "Bermuda Bred" case comes into effect today, 29 February 2016.
  20. ↑ "Same-sex couples set for court fight". Hamilton, Bermuda: The Royal Gazette. 29 June 2016. Retrieved 29 June 2016.
  21. ↑ Strangeways, Sam (6 July 2016). "Gay couple seek consent to marry". Hamilton, Bermuda: The Royal Gazette. Retrieved 6 July 2016.
  22. ↑ Strangeways, Sam (8 July 2016). "Gay couple’s marriage application rejected". Hamilton, Bermuda: The Royal Gazette. Retrieved 9 July 2016.
  23. ↑ Strangeways, Sam (13 July 2016). "Gay couple fight to marry". Hamilton, Bermuda: The Royal Gazette. Retrieved 14 July 2016.
  24. ↑ "Gay marriage case returns to court". Royal Gazette. 30 January 2017.
  25. ↑ "SSM: Government reiterates case for denying banns". Royal Gazette. 1 February 2017.
  26. ↑ "Same-sex: Fear over multiple partner marriages". Royal Gazette. 2 February 2017.
  27. 1 2 "Landmark same-sex ruling". The Royal Gazette. 5 May 2017. Archived from the original on 9 May 2017. Retrieved 5 May 2017.
  28. ↑ "W Godwin et al v Registrar General [2017] SC (Bda) 36 Civ" (PDF). Supreme Court of Bermuda. 5 May 2017. Archived from the original (PDF) on 5 May 2017.
  29. ↑ "Rainbow Alliance: ‘Love always wins’". The Royal Gazette. 5 May 2017. Archived from the original on 5 May 2017.
  30. ↑ "Preserve Marriage: ‘Ruling is attack on values’". The Royal Gazette. 5 May 2017. Archived from the original on 5 May 2017.
  31. ↑ "W Godwin et al v Registrar General [2017] SC (Bda) 36 Civ" (PDF). Supreme Court of Bermuda. 5 May 2017. Archived from the original (PDF) on 5 May 2017. Refer to pp.48–49 for the Judge's draft order to be reviewed by counsel
  32. ↑ "Judge sets out potential redraft of Acts". The Royal Gazette. 6 May 2017. Archived from the original on 6 May 2017.
  33. ↑ Strangeways, Sam (10 May 2017). "Government will not appeal same-sex ruling". The Royal Gazette. Archived from the original on 16 May 2017. Retrieved 10 May 2017.
  34. ↑ "First banns posted for same-sex couple". The Royal Gazette. 17 May 2017. Archived from the original on 17 May 2017.
  35. ↑ "Bermuda has first gay marriage". The Royal Gazette. 2 June 2017. Archived from the original on 3 June 2017.
  36. ↑ Johnston-Barnes, Owain (11 May 2017). "Same-sex marriage ruling welcomed by liners". The Royal Gazette. Archived from the original on 17 May 2017. Retrieved 19 May 2017.
  37. ↑ "Furbert: same-sex Bill looks hopeful". The Royal Gazette. 28 July 2017. Archived from the original on 28 July 2017.
  38. ↑ "Gay cruise support twice as high as gay marriage support, survey shows". The Royal Gazette. 2010-07-16. Retrieved 2010-07-16.
  39. ↑ Poll: support for same-sex marriage
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