Bermuda lawyer goes to court to challenge gay marriage reversal
From NBC NEWS :
A Bermudian lawyer has filed a legal motion with the island’s Supreme Court to undo a new law banning same-sex marriage, according to a court document seen on Monday.
On Feb. 7, Bermuda’s Governor John Rankin in the wealthy British overseas island of 60,000 people approved the Domestic Partnership Act (DPA), which was a rare reversal of a trend among Western countries of legalizing same-sex marriage. The government says domestic partnerships may be formed under the law that will offer equal rights as marriage.
Mark Pettingill, the lawyer challenging the act, is representing Roderick Ferguson, a Bermudian who lives in the United States. Ferguson is not currently trying to wed, but wants to be able to avail himself of gay marriage rights in the future, Pettingill said.
“My client has the right to the constitutional protection of the law and that has been infringed as a result of the DPA,” Pettingill said on Monday. He seeks to render the DPA void for contradicting Bermuda’s constitution, which guarantees freedom from discrimination.
The motion was filed on Feb. 16 against the Attorney General, whose lawyers serve as legal advisers to the government.
A government spokeswoman did not immediately respond to a request for comment on the motion.
Pettingill, a former attorney general, won Bermuda’s marriage equality case in May 2017 in the Supreme Court, only to see it reversed nine months later.
The Supreme Court ruling on marriage equality was celebrated by the Atlantic island’s small gay community, but also outraged many, leading to protests outside parliament.
Bermuda was first settled in 1609 and is the oldest British colony, having rejected independence in a 1995 referendum.
Rights groups and some British MPs have criticized the bill, saying the United Kingdom should have blocked the legislation.
Tags
Who is online
442 visitors
So basically, Bermuda is removing equal rights and replacing it with the separate, but equal concept. It's surprising that England has not intervened, as Bermuda is still a British colony. No doubt there are those here in the U.S. who would like to see the same thing happen here, or worse. Talk about taking a step back.
I was unaware of this so thanks for the post. Just adding a few more facts. Although Bermuda is a British territory, the UK does not interfere in its internal affairs. As for gay marriage, Bermuda had no law permitting it. Two gay men sued under a broad Human Rights Act which bars discrimination in the supply of “services”. The Supreme Court ruled that marriage licensing is a service within the meaning of the Act and ordered the government to permit it. Parliament revolted and passed the DPA, overruling the Court.
The gay man in current case is claiming that the DPA is unconstitutional. He might win. But I guess, if the parliament is serious, they can seek to amend its constitution (although that might actually be up to the UK) and specifically define marriage as the union of one man and one woman.
I don’t think even civil unions should be recognized but at least reserving marriage to a union between men and women is a step in the right direction.
Maybe not. But it has the capability to do so.
Marriage equality was granted in Bermuda last year. This new law rescinds that.
It is. It discriminates against same sex couples.
I hope so.
The DPA is nothing more than a form of civil union: it follows the concept of separate, but equal, which is certainly unconstitutional here. But there is no logical or legal reason to deny gays the right to marry the consent adult of their choosing.