LGBT rights in the Cayman Islands

Last updated

LGBT rights in the Cayman Islands
LocationCaymanIslands.png
Cayman Islands
Status Legal since 2001; [1] unequal age of consent
Gender identity No
Military Allowed to serve openly in the British Armed Forces
Discrimination protections No
Family rights
Recognition of relationships Civil Partnerships since 2020
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) people in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in the Cayman Islands. Despite anti-gay attitudes expressed by certain members of the government, social acceptance by the Caymanian public has been known to be some of the best in the Caribbean. Some have attributed this to the strong British influence in the territory. [2]

Contents

The current Premier of the Cayman Islands, Wayne Panton, voiced his support for LGBTQ+ individuals shortly after being elected to Parliament, and, along with other members of Parliament, participated in the Cayman Islands’ first gay pride parade in July 2021. [2] His staunch support of the community has been praised by many in the Caymanian public, who in the past have criticized the government for their unprofessional and often ill-mannered attitude towards this community. [3]

On 29 March 2019, the Chief Justice of the Cayman Islands issued a ruling declaring the territory's same-sex marriage ban unconstitutional. However, the ruling was stayed and then overturned by the Court of Appeal on 7 November 2019. The Court of Appeal called on the Cayman Government to implement civil unions or a legal equivalent, and ordered the Government of the United Kingdom to step in if the Cayman Government failed to do so. A civil partnership law was enacted on 4 September 2020. [4] [5] In March 2022, a London court in the UK upheld the legal ban on same-sex marriage. [6]

Legality of same-sex sexual activity

Same-sex sexual acts were expressly decriminalised under Britain's Caribbean Territories (Criminal Law) Order, 2000, which took effect on 1 January 2001. [7]

Britain's International Covenant on Civil and Political Rights report on its Overseas Territories on Bermuda, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, the Pitcairn Islands, Saint Helena and the Turks and Caicos Islands stated in 1999 stated that "The United Kingdom Government is concerned that all Overseas Territories should adopt – as most of them, indeed, already do – substantially the same position as obtains in the United Kingdom itself in respect of capital punishment, judicial corporal punishment and the treatment as criminal offences of homosexual acts between consenting adults in private". [8]

The repeal of the anti-gay law was condemned by conservative groups and politicians, several of whom made conspiracy theories of a supposed "secret gay lobby trying to destroy Cayman values and Christianity". [8]


Recognition of same-sex couples

The Marriage Law of the Cayman Islands defines marriage as between one man and one woman. [9] The Constitution of the Cayman Islands notes the right of opposite-sex couples to marry, though it does not explicitly mention same-sex unions. [10]

Since then, incremental reforms have been made to recognise some rights for same-sex couples. In July 2016, the Immigration Appeals Tribunal ruled in favour of a gay man who sought to be added to his spouse's work permit as a dependent. [11] Later that year, the Legislative Assembly voted against a motion to hold a referendum on the legalisation of same-sex marriage. [12] A lawsuit brought by a dual Caymanian-British same-sex couple, Chantelle Day and Vickie Bodden, challenging the ban on same-sex marriage, was lodged in the Grand Court in June 2018. Oral arguments were heard in the case in February 2019, [13] with a decision by Chief Justice Anthony Smellie in favour of recognising same-sex marriage published on 29 March 2019. [14]

However, the decision was later reversed by the Cayman Islands Court of Appeal. The appellant's arguments were heard in court for three days, starting on 28 August 2019. [15] The Court sided with the government and on 7 November 2019 it overturned the Chief Justice's previous judgment. It called on the Government of the Cayman Islands to introduce civil partnerships and called on the UK Government to step in if the Cayman Government failed to do so. [16] The petitioning couple filed an appeal to the UK-based Privy Council, with oral arguments set for 23 February 2021. [17] In March 2022, a London court in the UK upheld the legal ban on same-sex marriage. [6]

On 26 June 2020, the Cayman Government introduced a domestic partnership bill to the Legislative Assembly. [18] [19] The bill failed on a 8–9 vote, and consequently, as required by the ruling of the Court of Appeal, Her Majesty's Government intervened. On 4 September 2020, Governor Martyn Roper assented to the Civil Partnership Law, 2020 and 11 consequential pieces of legislation which came into effect on the same day. [20] Under the changes, civil partners are allowed to share health insurance, immigrate together and enjoy other rights extended to married couples. Civil partnerships are open to both same-sex and opposite-sex couples.

Discrimination protections

In 2009, a draft constitution excluded LGBT rights. The British Foreign Affairs Committee described the decision to exclude sexual orientation as a prohibited ground for discrimination as "deplorable" and raised concerns that it breached human rights laws. It raised the possibility that Cayman residents could be afforded less than the full protection to which they are entitled, under the European Convention on Human Rights. [21]

Military service

Lesbian, gay, bisexual and transgender people have been allowed to serve openly in the British Armed Forces since 2000. [22] However, legalization of homosexuality didn't occur until 2001, so it was fully allowed since 2001.

Living conditions

LGBT citizens and same-sex couples for the most part, receive the same treatment in certain factors of life. Banking and insurance is equal, and immigration rights for same-sex couples have expanded over the years. [23] It is heavily frowned upon for a business to discriminate against LGBT individuals, so it is not common. LGBT acceptance among young Caymanians is evident, with some educational institutions like Cayman International School, having LGBT youth clubs. [24]

Although civil partnerships are legal, the fight for same-sex marriage legality is ongoing. [25]

Open displays of affection between same-sex partners may offend in conservative areas. The sister islands of Cayman Brac and Little Cayman are still deeply conservative, so caution is advised. Grand Cayman, with its large immigrant population from more LGBT-friendly nations such as the United States and the United Kingdom, has introduced more liberal views to the island, though it is still advised to take caution. Tourism hubs will be more accepting as it is crucial that visitors of all backgrounds are catered to. It is uncommon for same-sex couples to be verbally or physically attacked. Some couples may receive curious stares. Older Caymanians tend to be more conservative when dealing with issues such as LGBT rights, while the arrival of immigrants from LGBT-friendly nations, and a rejection of strict Christianity by many young Caymanians has influenced the attitude among the younger generation, who today, seem much more liberal. [8]

The gay scene in the Cayman Islands is limited, with no specific gay nightclubs or beaches, however hotels will host events during pride month to show their support. [8] All restaurants, bars and hotels cater to LGBT clientele. The Seven Mile Beach strip would be the center of the island’s gay scene, with it being the location of the Cayman Islands’ annual pride parade. [26]

Homophobia

While the Cayman Islands is officially secular and the Constitution guarantees equality and non-discrimination, the government has been particularly vocal and unapologetic in expressing its anti-gay attitudes. In 1998, it forbade a Norwegian Cruise Line ship carrying over 900 gay travellers from porting. The Tourism Ministry stated: "We cannot count on this group to uphold the standards of appropriate behaviour expected of visitors to the Cayman Islands." [8] The ban drew criticism from human rights groups and travel agencies, some of which advised a boycott of the islands. [8] In 2008, police arrested a Massachusetts gay man after he kissed his partner on a nightclub dancefloor. He was later released. [8] Since the late 2010s, support of the LGBT community has increased and public attitudes have changed dramatically. [27]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2001)
Equal age of consent Yes check.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriages X mark.svg
Recognition of same-sex couples (e.g. recognised as civil partnerships) Yes check.svg (Since 2020)
Stepchild adoption by same-sex couples Yes check.svg
Joint adoption by same-sex couples Yes check.svg
LGBT people allowed to serve openly in the military Yes check.svg (Since 2001; is the responsibility of the United Kingdom and was allowed by the UK since 2000 but wasn't in full effect until homosexuality was removed as a crime in 2001)
Right to change legal gender X mark.svg
Conversion therapy banned X mark.svg
Access to IVF for lesbian couples X mark.svg
Commercial surrogacy for gay male couples X mark.svg (Banned for heterosexual couples as well)
MSMs allowed to donate blood X mark.svg

See also

Related Research Articles

Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

<span class="mw-page-title-main">LGBT rights in Bulgaria</span>

LGBT people in Bulgaria face legal challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.

China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but public opinion polls show that support for same-sex marriage is rising in China.

Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">LGBT rights in Montenegro</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

<span class="mw-page-title-main">LGBT rights in the British Virgin Islands</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.

Several countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.

This is a list of notable events in the history of LGBT rights that took place in the year 2008.

<span class="mw-page-title-main">LGBT rights in Scotland</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

<span class="mw-page-title-main">LGBT rights in Bermuda</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Bermuda, a British Overseas Territory, face legal challenges not experienced by non-LGBT persons. Homosexuality is legal in Bermuda, but the territory has long held a reputation for being homophobic and intolerant. Since 2013, the Human Rights Act has prohibited discrimination on the basis of sexual orientation.

<span class="mw-page-title-main">LGBT rights in Hong Kong</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.

<span class="mw-page-title-main">LGBT rights in Belize</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Belize face legal challenges not experienced by non-LGBT citizens, although attitudes have been changing in recent years. Same-sex sexual activity was decriminalized in Belize in 2016, when the Supreme Court declared Belize's anti-sodomy law unconstitutional. Belize's constitution prohibits discrimination on the basis of sex, which Belizean courts have interpreted to include sexual orientation.

<span class="mw-page-title-main">LGBT rights in the Falkland Islands</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the British Overseas Territory of the Falkland Islands enjoy most of the same rights as non-LGBT people. Marriage and civil partnerships have been open to both opposite-sex and same-sex couples since 29 April 2017. Discrimination on the basis of sexual orientation is constitutionally banned. Additionally, attitudes are largely positive; a public consultation found that 90% of respondents were in favour of same-sex marriage.

Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, Nepal, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage is recognized, but not performed in Israel. Furthermore, same-sex marriages performed in the Netherlands are recognized in Aruba, Curaçao and Sint Maarten.

<span class="mw-page-title-main">Recognition of same-sex unions in the British Overseas Territories</span>

Among the fourteen British Overseas Territories, eight – Akrotiri and Dhekelia, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Gibraltar, the Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, and South Georgia and the South Sandwich Islands – recognise and perform same-sex marriages. In the Sovereign Base Areas of Akrotiri and Dhekelia, only British military and civilian personnel can enter into same-sex marriages and civil partnerships.

Same-sex marriage is currently not recognised nor performed in Bermuda, a British Overseas Territory, but it was legal between 2017 and 2022. However, marriages performed during that period remain valid.

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.

References

  1. ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-17 at the Wayback Machine
  2. 1 2 "Hundreds take part in Cayman's first Gay Pride Parade". August 2021.
  3. ↑ "Court upholds Roper's use of power on civil unions - Cayman Islands Headline News". 29 March 2022.
  4. ↑ Whittaker, James (23 December 2020). "Same-sex couple wins immigration rights battle". Cayman Compass.
  5. ↑ Lavers, Michael (30 December 2020). "Cayman Islands recognizes same-sex couple's overseas marriage". Washington Blade.
  6. 1 2 "UK court blocks gay marriage for Cayman Islands, Bermuda". ABC News .
  7. ↑ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
  8. 1 2 3 4 5 6 7 "Gay Life in Cayman Islands - GlobalGayz". www.globalgayz.com.
  9. ↑ "Couple files legal challenge to gay marriage ban". Cayman Compass. 20 June 2018.
  10. ↑ "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Archived from the original (PDF) on 27 March 2017. Retrieved 20 May 2016.
  11. ↑ Duncan, Charles (24 July 2016). "Gay couple wins work permit appeal". Cayman Compass.
  12. ↑ UPDATED: Bid for referendum on gay marriage fails Cayman Compass, 6 October 2016
  13. ↑ "Arguments conclude in landmark same-sex marriage case". cayman27.ky. 12 February 2019. Archived from the original on 4 April 2019. Retrieved 13 February 2019.
  14. ↑ Whittaker, James (29 March 2019). "BREAKING: Chief Justice rules same-sex marriage is legal | Cayman Compass" . Retrieved 29 March 2019.
  15. ↑ "Appeal court grants stay in gay marriage case". Cayman News Service. 10 April 2019. Retrieved 10 April 2019.
  16. ↑ "Same-sex marriage ruling overturned". Cayman Compass. 7 November 2019. Retrieved 15 November 2019.
  17. ↑ "Same-sex marriage: Couple considers Privy Council appeal". Cayman Compass. 13 November 2019. Retrieved 15 November 2019.
  18. ↑ Young, Kayla (26 June 2020). "Same-sex union bill submitted to legislature". Cayman Compass. Retrieved 27 June 2020.
  19. ↑ "Domestic Partnership Bill, 2020" (PDF).
  20. ↑ "Governor approves same-sex partnerships law". Cayman Compass. 4 September 2020. Retrieved 5 September 2020.
  21. ↑ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
  22. ↑ UK armed forces recruits to be asked if they are gay The Guardian
  23. ↑ "Same-sex couple wins immigration rights battle". 23 December 2020.
  24. ↑ "Private school opens gates to LGBTQ Foundation - Cayman Islands Headline News". September 2021.
  25. ↑ "One year on: Civil Partnership advocates want more". 28 September 2021.
  26. ↑ "Gay Pride: A rainbow on West Bay Road". 30 July 2021.
  27. ↑ "600 to march in historic Pride Parade - Cayman Islands Headline News". 29 July 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.