LGBT rights in the Cayman Islands
LGBT rights in the Cayman Islands | |
|---|---|
 Cayman Islands | |
| Status | Legal since 2001[1] |
| 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 | No |
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Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in the Cayman Islands.
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.[2][3]
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.[4]
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".[5]
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".[5]
The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[6]
Recognition of same-sex couples[]
The Marriage Law of the Cayman Islands defines marriage as between one man and one woman.[7] The Constitution of the Cayman Islands notes the right of opposite-sex couples to marry, though it does not explicitly mention same-sex unions.[8]
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.[9] Later that year, the Legislative Assembly voted against a motion to hold a referendum on the legalisation of same-sex marriage.[10] 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,[11] with a decision by Chief Justice Anthony Smellie in favour of recognising same-sex marriage published on 29 March 2019.[12]
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.[13] 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.[14] The petitioning couple filed an appeal to the UK-based Privy Council, with oral arguments set for 23 February 2021.[15]
On 26 June 2020, the Cayman Government introduced a domestic partnership bill to the Legislative Assembly.[16][17] 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.[18] 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.[19]
Military service[]
Lesbian, gay, bisexual and transgender people have been allowed to serve openly in the British Armed Forces since 2000.[20] However, legalization of homosexuality didn't occur until 2001, so it was fully allowed since 2001.
Living conditions[]
Open displays of affection between same-sex partners may offend. Cayman society tends to be conservative when dealing with issues such as LGBT rights, though the younger generation is considered to be increasingly culturally liberal.[5]
The gay scene in the Cayman Islands is limited, with no specific gay nightclubs or beaches.[5] However, several hotels and tourist areas cater to gay clientele.
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."[5] The ban drew criticism from human rights groups and travel agencies, some of which advised a boycott of the islands.[5] In 2008, police arrested a Massachusetts gay man after he kissed his partner on a nightclub dancefloor. He was later released.[5]
Summary table[]
| Same-sex sexual activity legal |  (Since 2001)
|
| Equal age of consent | 
|
| Anti-discrimination laws in employment |
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Same-sex marriages |
|
| Recognition of same-sex couples (e.g. recognised as civil partnerships) | (Since 2020)
|
| Stepchild adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| LGBT people allowed to serve openly in the military | (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 |
|
| Conversion therapy banned |
|
| Access to IVF for lesbian couples |
|
| Commercial surrogacy for gay male couples | (Banned for heterosexual couples as well)
|
| MSMs allowed to donate blood |
|
See also[]
- Politics of the Cayman Islands
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
- Same-sex marriage in the Cayman Islands
References[]
- ^ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-19 at WebCite
- ^ Whittaker, James (23 December 2020). "Same-sex couple wins immigration rights battle". Cayman Compass.
- ^ Lavers, Michael (30 December 2020). "Cayman Islands recognizes same-sex couple's overseas marriage". Washington Blade.
- ^ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
- ^ a b c d e f g "Gay Life in Cayman Islands - GlobalGayz". www.globalgayz.com.
- ^ Whittaker, James (January 19, 2015). "Cayman may have to sanction same sex unions, expert says". Cayman Compass.
- ^ "Couple files legal challenge to gay marriage ban". Cayman Compass. 20 June 2018.
- ^ "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Archived from the original (PDF) on March 27, 2017. Retrieved May 20, 2016.
- ^ Duncan, Charles (July 24, 2016). "Gay couple wins work permit appeal". Cayman Compass.
- ^ UPDATED: Bid for referendum on gay marriage fails Cayman Compass, 6 October 2016
- ^ "Arguments conclude in landmark same-sex marriage case". cayman27.ky. 12 February 2019.
- ^ Whittaker, James. "BREAKING: Chief Justice rules same-sex marriage is legal | Cayman Compass". Retrieved 2019-03-29.
- ^ "Appeal court grants stay in gay marriage case". Cayman News Service. 10 April 2019. Retrieved 10 April 2019.
- ^ "Same-sex marriage ruling overturned". Cayman Compass. 7 November 2019. Retrieved 15 November 2019.
- ^ "Same-sex marriage: Couple considers Privy Council appeal". Cayman Compass. 13 November 2019. Retrieved 15 November 2019.
- ^ Young, Kayla (2020-06-26). "Same-sex union bill submitted to legislature". Cayman Compass. Retrieved 2020-06-27.
- ^ "Domestic Partnership Bill, 2020" (PDF).
- ^ "Governor approves same-sex partnerships law". Cayman Compass. 4 September 2020. Retrieved 5 September 2020.
- ^ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
- ^ UK armed forces recruits to be asked if they are gay The Guardian
- LGBT rights in the Cayman Islands