On 03 April 2019, Premier Alden McLaughlin reportedly told Parliament that the government has instructed Attorney General Samuel Bulgin to file an appeal with the Court of Appeal and seek a stay of execution of the same-sex marriage judgment pending the outcome of that appeal [R2.6].
On 22 March 2019, Chief Justice Anthony Smellie in the Grand Court ruled that the definition of marriage as between a man and a woman was unconstitutional and violated multiple rights, ordering that the local law be changed to reflect that same-sex couples are allowed equal access to marriage as heterosexual couples [C2.5], [R2.4].
Accordingly, Section 2 of the Marriage Law was amended by order of the Court to:-
”marriage” means the union between two people as one another’s spouses” and is effective immediately [C2.5 at page 36].
On 23 November 2015, Premier Alden McLaughlin reportedly wrote in a 21 October letter to James Austin-Smith of the Human Rights Commission, indicating the government is amenable to a slight shift in how the Cayman Islands is willing to recognise same-sex couples from overseas who live together here, but would not make any public pronouncements on the issue [D1.6], [R1.5].
See 2. Courts & Tribunals below at [R2.4].
On 13 August 2015, the Legislative Assembly passed a private member’s motion (No 3 of 2015/2016) ‘THAT this Honourable House do affirm to maintain the definition of marriage to be as expressly provided for by the Constitution and Law as being between persons of the opposite sex’ [L1.4], [R1.3].
In September 2008, the Legislative Assembly approved an amendment to legislation defining marriage as between a man and a woman [R1.2].
In July 2008, an amendment to legislation in the Cayman Islands defining marriage as between a man and a woman was expected to get support from the government and opposition. However, the proposed change to the law does not mention civil partnerships. [R1.1].