The Cayman Islands Human Rights Commission (“the Commission”) notes the decision dated 7 November 2019 of the Cayman Islands Court of Appeal (the “Court of Appeal”) with respect to the appeal brought by The Cayman Islands Government in the same-sex marriage matter. That decision provides much needed clarity to enable Government to adopt appropriate legal protections to ensure that Ms. Day and Ms. Bodden Bush enjoy their right to a private and family life under section 9 of the Cayman Islands’ Bill of Rights, Freedoms and Responsibilities (“the Bill of Rights”), while preserving the definition of marriage enshrined in section 14 of the Bill of Rights and under Cayman Islands law.
The Commission is appreciative of the guidance of the Court of Appeal in this matter and calls upon Government to meet its obligations under the Bill of Rights in the “expeditious” manner set out by the Court of Appeal. The Commission has always and continues to stand ready to assist Government with the implementation of the legal protections necessary to ensure its compliance with the Bill of Rights and the ruling of the Court of Appeal.
This topic continues to be an emotive one for our community, however a fundamental principle is that the Constitution will respect, and will protect, the rights of the minority even if the majority will not. The Commission continues to support and advocate for equality under the law for all persons as a fundamental principle of human rights.
For more information on the Commission or to learn more about the Bill of Rights, Freedoms and Responsibilities, call 244-3685 or visit our website and Facebook pages at www.humanrightscommission.ky and www.facebook.com/cihrc.
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