Same-sex marriage in the Cayman Islands

The group criticised the judgement, claiming that the British Foreign and Commonwealth Office (FCO) could force legal recognition of same-sex marriages in the Cayman Islands.

[1] The Constitution of the Cayman Islands, approved in June 2009, notes that the government "shall respect" the right of every unmarried man and woman of marriageable age as defined by law to freely marry a person of the opposite sex and to found a family.

[3] In 2015, Premier Alden McLaughlin indicated that the government was examining immigration law and regulations to allow same-sex couples who have legally married in other jurisdictions the right to have their spouse recognised as a dependant.

The ECHR found that refusal to grant a residence permit to a same-sex couple in Italy on family grounds was unjustified discrimination.

[15] On 29 March 2019, the court handed down its ruling in favour of the plaintiffs, finding that the ban on same-sex marriage was a clear violation of freedoms guaranteed in the Cayman Constitution, including the right to a private family life.

Several Assembly members vociferously objected to the ruling, with Representative Anthony Eden decrying "what is the difference between the Cayman Islands and Sodom and Gomorrah?

[31] Premier McLaughlin repeatedly indicated during the bill's debate that failure to pass it would likely result in the Government of the United Kingdom stepping in and imposing domestic partnerships or same-sex marriage on the Cayman Islands.

[32] Reacting to the partnership bill's defeat, the Cayman News Service newspaper wrote that "it is extremely likely that Governor Martyn Roper or the Foreign and Commonwealth Office will intervene directly and either impose this legislation or even re-impose the chief justice's original ruling legalising same-sex marriage.

[33] On 5 August, Baroness Sugg approved the use of the Governor's reserved powers under section 81 of the Constitution of the Cayman Islands to enact a law recognising same-sex civil partnerships.

[36] Under the changes, civil partners are allowed to jointly adopt, share health insurance, immigrate together and enjoy other rights extended to married couples.

Premier McLaughlin said he felt "utterly humiliated" that because of the Assembly's failure to pass the bill, as required by the Court of Appeal, the UK Government had been forced to intervene.

[37] On 29 October 2020, Samantha Louise Erksine and Alice Hillman Lopez became the first couple in the Cayman Islands to enter a civil partnership.

[38] In December 2020, the marriage of Paul Pearson and Randall Pinder, who were married in Ireland, was recognised by the Immigration Appeals Tribunal as equivalent to a civil partnership.

[39][40] The ruling stated that: Recognising opposite-sex foreign marriages and failing to recognise same-sex foreign marriages would be affording different and unjustifiable treatment to different persons on the grounds of sexual orientation.Following passage, a conservative Christian group filed a lawsuit against the civil partnership law, arguing that Governor Roper was not permitted to use his constitutional powers to implement the law.

In the circumstances where the Court of Appeal has so forcefully set out its expectations, it is understandable and reasonable for the Governor to have felt it necessary to enact the CPA [Civil Partnership Act] due to the long ongoing breach of the international obligation of the UK which otherwise would not have been adequately addressed by Parliament".