Laws

CAYMAN ISLANDS

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Asylum, Immigration, Migration, Regugees Legislation/Cases/Documents/References
1.

National

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 [D1.2], [R1.1].

D1.2 Office of the Premier: Re: Recognition of same-sex unions PDF 68.36kb, 21 OCT 15
R1.1 cayman27: Premier: Immigration rules could allow same-sex couples to co-habit legally 23 NOV 15
Civil Unions, Partners: Domestic, Registred Legislation/Cases/Documents/References
1.

National

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].

D1.6 Office of the Premier: Re: Recognition of same-sex unions PDF 68.36kb, 21 OCT 15
R1.5 cayman27: Premier: Immigration rules could allow same-sex couples to co-habit legally 23 NOV 15
Discrimination Legislation/Cases/References
1.

National

In August 2009, UK MPs criticised the draft constitution for deliberately excluding gay rights and omitting reference to sexual orientation as a prohibited ground for discrimination [R1.1].


In 2008, a man was detained by police in the Cayman Islands for kissing his boyfriend [R1.2].


Following a 1998 incident in which a gay cruise liner was turned away from the Caymans, the UK Parliament passed the Caribbean Territories (Criminal Law) Order 2000, requiring the territory to abide by British equal opportrunity statutes [R1.2].

R1.1 PinkNews.co.uk: "MPs criticise Cayman Islands' draft constitution for omitting gay rights " 11 AUG 09
R1.2 MCV: "No Kissing in Caymans" 01 MAY 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

On 01 January 2001, consensual sex between same-sex couples was decriminalised [R1.1].

Previously:

In December 2000, an Order in Council to repeal the sodomy laws was made by Her Majesty at the Privy Council meeting on the 13 December 2000 to come into force on 1 January 2001 [R1.2].

In March 1999, a government minister said the Cayman Islands has a "mandate from God" to maintain its ban on gay sex in the face of British demands it eliminate it in return for United Kingdom citizenship [R1.3].

In January 1998, the government of British Prime Minister Tony Blair demanded that Britain's five Carribean Dependent Territories legalise gay sex [R1.4].

R1.1 ILGA: "State-Sponsored Homophobia" fn 125, MAY 08
R1.2 Planet Out: "UK Ends Territories' Sodomy Laws" 22 DEC 00
R1.3 Associated Press: "Cayman Islands Government Minister Defends Ban on Gay Sex " 29 MAR 1999
R1.4 Capital Q: "Colonies Must Legalise Gay Sex" 30 JAN 98
Marriage Legislation/Cases/Documents/References
1.

National

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].

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].

Previously:

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].

D1.6 Office of the Premier: Re: Recognition of same-sex unions PDF 68.36kb, 21 OCT 15
R1.5 cayman27: 23 NOV 15
L1.4 Private Members Motion: Preservation of Traditional Marriages No 3 of 2015/2016 PDF 199.58kb 13 AUG 15
R1.3 GayStarNews: Cayman Islands reaffirms ban on gay marriage in wake of European court verdict 17 AUG 15
R1.2 PinkNews.co.uk: "Caymans Define Marriage Amid Fears UK Will Impose Civil Partnerships" 10 SEP 08
R1.1 PinkNews.co.uk: "Cayman Islands to ban gay marriage" 10 JUL 08

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