LGBT rights in the Cayman Islands

LGBT rights in the Cayman Islands

Same-sex sexual activity legal? Legal since 2000[1]
Gender identity/expression –
Military service UK responsible for defence
Discrimination protections No
Family rights
Recognition of
relationships		 No
Restrictions:
 Constitutional ban
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cayman Islands may still face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in the Cayman Islands, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. The Cayman Islands is a British Overseas Territory. Although the local Legislature and courts are independent from the United Kingdom of Great Britain and Northern Ireland, Her Majesty's Government deals with all international relations on behalf of the Territory. The Foreign and Commonwealth Office oversees the governance of the Cayman Islands.

Legality of same-sex sexual activity

Same-sex sexual acts were expressly decriminalised under Britain's Caribbean Territories (Criminal Law) Order, 2000.[2]

Britain’s International Covenant on Civil and Political Rights report on its Overseas Territories on Bermuda, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, the Pitcairn Islands, Saint Helena, and the Turks and Caicos Islands in 1999 stated that “The United Kingdom Government is concerned that all Overseas Territories should adopt – as most of them, indeed, already do – substantially the same position as obtains in the United Kingdom itself in respect of capital punishment, judicial corporal punishment and the treatment as criminal offences of homosexual acts between consenting adults in private”.[3]

The age of consent is higher for homosexuals than it is for heterosexuals.[4]

Recognition of same-sex couples

In 2006, the Cayman "People for Referendum" activist group began protesting against LGBT rights and same-sex marriage, after the Dutch High Court ruled Aruba has to recognise same-sex marriages registered in the Netherlands. "People for Referendum" claimed that the British Foreign and Commonwealth Office (FCO) could force legal recognition of same-sex marriages in the Cayman Islands too.[3]

The new Constitution, approved in June 2009, notes the right of opposite-sex couples, who are of marriageable age as defined by law, to have their marriages recognised by the Government. The Constitution does not explicitly mention same-sex couples.[5]

In 2015, Cayman Islands Premier Alden McLaughlin indicated that his Government was examining the immigration law and regulations to find a way to allow same-sex couples who are legally married in other jurisdictions the right to have their spouses as dependants.[6]

In July 2016, the Immigration Appeals Tribunal ruled in favour of a gay man who wished to be added to his spouse’s work permit as a dependent. The two men's application was made 14 months prior to the ruling and was rejected, they subsequently filed a lawsuit. A July 2016 ruling by the European Court of Human Rights (ECHR) had significant implications for the lawsuit. The ECHR found that a refusal to grant a residence permit to a same-sex couple in Italy on family grounds was unjustified discrimination.[6] All same-sex couples now have immigration rights recognised, meaning same-sex couples can settle in the Cayman Islands without fear of discrimination on the basis of sexual orientation.[7][8]

On 6 October 2016, the Legislative Assembly of the Cayman Islands voted against a proposal to hold a referendum on whether the territory should legalise same-sex marriage. The proposal was voted down 9-8. It was filed by anti-gay MLA Anthony Eden after the Immigration Appeals Tribunal ruled to allow the same-sex partner of a work permit holder to remain in the Cayman Islands as a dependent on his partner’s permit. Premier Alden McLaughlin expressed his opposition to the referendum proposal.[9]

Discrimination protections

In 2009, the draft constitution for the Government of the Cayman Islands excluded LGBT rights. The British Foreign Affairs Committee described the decision to exclude sexual orientation as a prohibited ground for discrimination as "deplorable" and raised concerns that it breached human rights laws. It raised the possibility that Cayman Islands residents could be afforded less than the full protection to which they are entitled, under the European Convention on Human Rights.[10]

Military service

Lesbian, gay, bisexual and transgender people have been allowed to serve openly in the British Armed Forces since 2000.[11]

Summary table

Same-sex sexual activity legal (Since 2000)
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages (Constitutional ban since 2009)
Recognition of same-sex couples / (Since 2016, for immigration purposes)
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military (Since 2000)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. ↑ State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults
  2. ↑ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Retrieved 19 January 2011.
  3. 1 2 Gay Life in Cayman Islands
  4. ↑ Cayman may have to sanction same sex unions, expert says
  5. ↑ "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Retrieved May 20, 2016.
  6. 1 2 European Court ruling paves way for gay marriage case in the Cayman Islands
  7. ↑ Cayman Islands immigration tribunal finds in gay couple's favour
  8. ↑ Gay couple wins work permit appeal
  9. ↑ UPDATED: Bid for referendum on gay marriage fails Cayman Compass, 6 October 2016
  10. ↑ "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Retrieved 19 January 2011.
  11. ↑ UK armed forces recruits to be asked if they are gay The Guardian
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