The Editor speaks: Both sides win and lose

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The Editor speaks: Both sides win and lose

I don't suppose either side of the
court battle over same-sex marriage will be one hundred per cent
pleased with the verdict from the Court of Appeal in favour of the
Government who were against the Chief Justice's decision to allow
them.

Within minutes of the decision
announced today by the Appeal Judges chief campaigner for same sex
marriages, Dr Leonardo J Raznovich, issued a Press Release that you
can read in full on our website.

His opening paragraph reads:

“It is a sad day for Caymanians
because their constitution has not been properly upheld by their own
courts, and for this reason a sad day for the jurisdiction and its
future and I would express my utter disgust at the politicised
judgement and epic and inexcusable failure of the Court of Appeal to
apply correctly the law and find appropriate and adequate
constitutional remedy for Chantelle and Vickie.  

He further blasts the judges on their
decision - “these judges do not deserve the title of judges, let
alone of jurists”.

Raznovich also warns the churches not
to be “clapping too loud” (my words) :

The conclusion is so absurd that in
fact all churches in the Cayman Islands have today lost the
constitutional protection to marry people in that if the
constitutional right to marriage can only be derived from section 14,
then churches in the jurisdictions could not complain if in the
future a government were to take away their right to conduct
religious marriages legally binding. Nowhere in section 14 the word
religion is mentioned; such a right could only derive from section 10
but after today’s judgment that section cannot be engaged to imply
a right to marry under the constitution.”

He believes the Court of Appeal's
decision is “not based in law, but it is based in politics”.

He also gave notice that he will be
going to England and gives his reasons for why the Court of Appeal
will be reverted in London by a “court of law’ applying the law
and restating Chief Justice Smellie’s judgment as to what the
constitution of the Cayman Islands requires.”

He concludes with “The stupidity and
indecency of the German and American courts of those times is what
the Court of Appeal of the Cayman Islands has dastardly followed
today with its judgment.”

And, the Court of Appeal ruling for the
government also bashed them. They concluded:

“In recognition of the longstanding
and continuing failure of the Legislative Assembly to comply with its
legal obligations.......

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

However, the Court of Appeal did not
give any time line within which the Government have to comply.

The government have been sitting on this for some time already. They have not said they won't nor have they said they will. Don't expect that is going to change quickly.

Same sex marriages must be recognized
here but they can't be married here.

The outcome – both sides are unhappy
and happy. Can we demonstrate against that?

Published November 7, 2019

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