British territories appellate court upholds Bermuda marriage equality repeal law

(Bermuda boat image courtesy Rebecca Kelliher)

A British territories appellate court upheld a Bermuda law March 14 that rescinded marriage rights for same-sex couples.

The 4-1 decision from the Privy Council’s Judicial Committee in London comes more than three years after Bermuda’s government appealed a Bermuda Court of Appeals ruling that found the Domestic Partnership Act — which allows same-sex couples to enter into domestic partnerships as opposed to get married — unconstitutional.

Supreme Court Justice Charles-Etta Simmons in 2017 issued a ruling that paved the way for gays and lesbians to legally marry in Bermuda. The Domestic Partnership Act that then-Gov. John Rankin signed took effect on June 1, 2018.

“To my fellow LGBTQ+ Bermudians, I wish to say to you what I also need to hear at this moment. You matter. Your hurt matters. You deserve better than this,” said Roderick Ferguson, one of the plaintiffs in the marriage equality case, in an OUTBermuda press release after the Privy Council’s Judicial Committee released its ruling. “The Bermuda government’s crusade against same-sex marriage was waged to convince you that there’s something shameful about your sexuality. Don’t believe that tired old lie.”

The Privy Council’s Judicial Committee also ruled same-sex couples in the Cayman Islands don’t have a constitutional right to marry in the British territory.

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