Bermuda: Court rules in favour of same-sex marriage

Gay couples won the right to marry yesterday for the second time in little more than a year, but the Government said it would appeal the Supreme Court decision to reverse the ban on same-sex marriage.

Chief Justice Ian Kawaley upheld a constitutional challenge against the Domestic Partnership Act, delivering a judgment that declared invalid the parts of the legislation which revoked marriage equality.

His ruling was greeted with a round of applause from a packed public gallery and joyful celebrations outside the courtroom.

Several hours later, Walton Brown, the Minister of Home Affairs, announced the judgment would be appealed “subject to any legal advice that we receive”.

Mr Justice Kawaley’s ruling does not take immediate effect because he agreed to an application by Solicitor-General Melvin Douglas, representing the Attorney-General, for a six-week stay to allow the Government to decide whether to appeal.

During that period, gay couples will only be able to apply to enter into domestic partnerships.

Mr Brown said: “We are pleased that the Chief Justice has stayed the decision until an appeal can be submitted.”

Mr Justice Kawaley said in his ruling that the sections of the Act that revoked the right to same-sex marriage were invalid because they favoured one set of beliefs about marriage over another and were inconsistent with provisions in the Constitution that gave the right to freedom of conscience and creed.

After the hearing, gay Bermudians Rod Ferguson and Maryellen Jackson, who launched the civil proceedings, along with charity OutBermuda, said they were delighted with the outcome.

Mr Ferguson said: “Obviously the stay is disappointing, but the win is amazing. The feeling is incredible. I’m so excited. This is a win for equality, for Bermuda, for all of us.” Read more via Royal Gazette

Supreme Court of Bermuda upheld a constitutional challenge against the Domestic Partnership Act