Privy Council Dismisses Appeal To Recognise Same Sex Marriage In The Cayman Islands

• Published date: 17 March 2022
• Subject Matter: Government, Public Sector, Family and Matrimonial, Family Law, Constitutional & Administrative Law
• Law Firm: Campbells
• Author: Ms Natasha Partos

On 14 March 2022 the Privy Council handed down its decision in Day and others v The Governor of the Cayman Islands and another [2022] UKPC 6 dismissing the Appellants' appeal for recognition of same sex marriage in the Cayman Islands.

In brief, the background to the decision is as follows: in early April 2018 Ms Day and Ms Bush, a same sex couple, applied for a marriage licence to recognise their marriage in the Cayman Islands. This application was refused by the Cayman Islands Deputy Registrar on the basis that the Marriage Act (2010 Revision) only recognises marriage as a union between a man and woman. Ms Day and Ms Bush issued a claim in the Grand Court for a determination that the Marriage Act ought to be read in conjunction with the Bill of Rights, Freedoms and Responsibilities (the "Bill of Rights") which constitutes Part 1 of the Constitution of the Cayman Islands and accordingly there should be a constitutional recognition of same sex marriage.

At first instance the Chief Justice found for the Appellants and decided that section 14(1) of the Bill of Rights did not preclude the right for same sex couples...