GRAND CAYMAN, Cayman Islands – Premier
Hon. Alden McLaughlin welcomed news today that the Court of Appeal
has allowed Government’s appeal in what has become known as the
Same-Sex Marriage case.

“I am pleased that the Court of Appeal has
agreed with Government that the original ruling brought significant
ambiguity surrounding the Constitution and Bill of Rights and the
interpretation of and ability of the Court to amend laws. We believed
it was critical that the country had the benefit of clarification on
these very important constitutional issues,” Mr. McLaughlin said.
“While I do appreciate the ruling, I am mindful that it comes with
a declaration that requires immediate action from the Government.”

The Court of Appeal declared that “Chantelle Day
and Vickie Bodden Bush are entitled, expeditiously, to legal
protection in the Cayman Islands, which is functionally equivalent to
marriage”.

Government had three primary points of concern
with the original ruling of Chief Justice Anthony Smellie, QC:

• Firstly, the implications of the Court’s
  decision for other types of marriages (for example, polygamous
  marriage), and whether Government would now be bound to give effect
  to or recognise such marriages if an application for a marriage
  licence is made for a man to marry multiple wives.
  
  
• The second concern related to the extent of
  the powers of the Court under section 5 (1) of the Constitution to
  modify legislation on matters such as the right to marry, bringing
  into question the appropriate separation of powers under the
  Constitution and whether by exercising these powers under section 5
  (1), the Court has exceeded its mandate under the principle of
  separation of powers.
  
  
• And a third concern was whether, given the
  language in section 14 (1) of the Constitution, it was open to the
  Court to find that the right to marry and found a family, could be
  located in other rights within the Bill of Rights, namely, sections
  9 and 10 of that document.
  

The Government will carefully consider the full
judgment to determine how best to proceed.