Social:Domestic Partnership Act 2018

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Domestic Partnerships Act 2018
Parliament of Bermuda
CitationAct No.1 of 2018
Royal assent7 February 2018
Signed byGovernor John Rankin
Commenced1 June 2018
Introduced byWalter Roban
Keywords
same-sex marriage, domestic partnership
Status: Current legislation

The Domestic Partnership Act 2018 is an act of the Parliament of Bermuda. It provided for the creation of domestic partnerships for both same-sex and opposite-sex couples and prohibited same-sex marriage, making the Parliament of Bermuda the first legislature to abolish same-sex marriage after it was initially legalised.[1][2]

Background

Flag of Bermuda

The Domestic Partnership Bill was introduced in 2017 after the Supreme Court of Bermuda ruled that homosexuals should have the same rights to marry as heterosexual couples, judicially legalising same-sex marriage.[3] After the ruling, the Minister for Home Affairs, Walter Roban, brought the bill before the Bermuda House of Assembly designed to create a separate institution of unions for same-sex couples.[4] The Bill passed the House with a 24–10 majority and also passed through the Senate with an 8–3 majority.[5]

The bill then went to the Governor of Bermuda for Royal assent on behalf of Queen Elizabeth II, which is customarily given to bills that have passed both houses. Governor John Rankin delayed granting consent in order to consult with the British Foreign and Commonwealth Office.[6] Following this, a number of international media outlets and politicians called on him to refuse to grant royal assent. A debate in the British House of Commons, led by the Labour Party's Chris Bryant (himself homosexual), called on the Foreign Secretary Boris Johnson to block the bill. Minister Sir Alan Duncan said that the government was "disappointed" but would not block the introduction of the act, citing the constitutional convention that the British government would not directly interfere with decisions taken by the legislatures of the Overseas Territories.[7][8] The Governor then granted the Royal assent on 7 February 2018.[9] The law went into effect on 1 June 2018.[10][11]

Legal challenge

A legal challenge against the law was filed with the Supreme Court on 16 February 2018.[12][13] A second challenge against the law was announced on 3 April 2018.[14][15] A hearing was held on 21 and 22 May 2018 before the Chief Justice of the court.[16][17]

The court ruled on the matter on 6 June 2018. It held that “maintaining or restoring a definition of marriage that disadvantaged those who believe in same-sex marriage discriminated against them on the grounds of their creed contrary to section 12 of the Bermuda Constitution.”[18][19] The court agreed to an application by the Attorney-General to stay the ruling by six weeks, to allow to government to consider an appeal.[20] The Minister for Home Affairs has said the government intends to appeal the ruling “subject to any legal advice that we receive”.[21]

Effect

The Act created domestic partnerships in Bermuda which replaced same-sex marriages. The act also permitted for heterosexual couples to enter into a domestic partnership.[22] Same-sex couples who were married before the act came into force would remain recognised as being married.[22] Implementation was delayed owing to pending marriage licences and ceremonies due to be conducted in Bermuda or on Bermudan flagged ships.[23] The Act came into force on 1 June 2018.[23]

References

  1. ↑ Tom Embury-Dennis (2018-02-08). "Bermuda repeals same-sex marriage in world first". The Independent. https://www.independent.co.uk/news/world/americas/bermuda-gay-marriage-repeal-legislation-same-sex-world-first-lgbt-rights-latest-news-a8200361.html. Retrieved 2018-03-13. 
  2. ↑ "Bermuda to become first territory to legalise - and then ban - same-sex marriage in just seven months". The Telegraph. 2017-12-14. https://www.telegraph.co.uk/news/2017/12/14/bermuda-become-first-territory-legalise-ban-same-sex-marriage/. Retrieved 2018-03-13. 
  3. ↑ Simon Jones. "Landmark same-sex ruling". The Royal Gazette. http://www.royalgazette.com/news/article/20170506/landmark-same-sex-ruling. Retrieved 2018-03-13. 
  4. ↑ "Domestic Partnership Act 2017". Government of Bermuda. 2017-11-24. https://www.gov.bm/articles/domestic-partnership-act-2017. Retrieved 2018-03-13. 
  5. ↑ Simon Jones (2017-12-14). "Domestic Partnership Bill passed in Senate". The Royal Gazette. http://www.royalgazette.com/same-sex-marriage/article/20171214/domestic-partnership-bill-passed-in-senate. Retrieved 2018-03-13. 
  6. ↑ "Bermuda governor mulls decision on same-sex marriage ban". Jamaica Observer. 2017-12-19. http://www.jamaicaobserver.com/latestnews/Bermuda_governor_mulls_decision_on_same-sex_marriage_ban?profile=1228. Retrieved 2018-03-13. 
  7. ↑ Jonathan Bell (2018-01-30). "British MPs debate move to end gay marriage". The Royal Gazette. http://www.royalgazette.com/same-sex-marriage/article/20180129/british-mps-debate-move-to-end-gay-marriage. Retrieved 2018-03-13. 
  8. ↑ "Bermuda same-sex marriage: Government will not block bill". BBC News. https://www.bbc.com/news/uk-42990122. Retrieved 2018-03-13. 
  9. ↑ Ellis, Ralph (2018-02-08). "Bermuda replaces same-sex marriage with domestic partnerships". CNN. https://edition.cnn.com/2018/02/07/americas/bermuda-domestic-partnerships/index.html. Retrieved 2018-03-13. 
  10. ↑ "Domestic Partnership Act 2018 Commencement Day Notice 2018". 9 April 2018. http://www.bermudalaws.bm/laws/Annual%20Laws/2018/Statutory%20Instruments/Domestic%20Partnership%20Act%202018%20Commencement%20Day%20Notice%202018.pdf. Retrieved 15 April 2018. 
  11. ↑ "Bermuda's ban on same-sex weddings comes into effect". Jamaica Observer. 1 June 2018. http://www.jamaicaobserver.com/latestnews/Bermudas_ban_on_same-sex_weddings_comes_into_effect?profile=1228. 
  12. ↑ Burgess, Don (16 February 2018). "Legal Challenge Filed: Same Sex Marriage". Bernews. Archived from the original on 28 February 2018. https://web.archive.org/web/20180228221113/http://bernews.com/2018/02/legal-challenge-filed-same-sex-marriage/. Retrieved 16 February 2018. 
  13. ↑ Strangeways, Sam (16 February 2018). "Lawsuit launched over same-sex marriage". The Royal Gazette. Archived from the original on 28 February 2018. https://web.archive.org/web/20180228221135/http://www.royalgazette.com/same-sex-marriage/article/20180216/lawsuit-launched-over-same-sex-marriage. Retrieved 16 February 2018. 
  14. ↑ "Carnival Supporting New SSM Legal Action". Bernews. 3 April 2018. Archived from the original on 3 April 2018. https://web.archive.org/web/20180403212208/http://bernews.com/2018/04/carnival-supporting-new-ssm-legal-action/. Retrieved 3 April 2018. 
  15. ↑ Lagan, Sarah (3 April 2018). "OutBermuda to challenge Domestic Partnership". The Royal Gazette. Archived from the original on 3 April 2018. https://web.archive.org/web/20180403212548/http://www.royalgazette.com/news/article/20180403/outbermuda-to-challenge-domestic-partnership. Retrieved 3 April 2018. 
  16. ↑ Strangeways, Sam (28 February 2018). "May date for Domestic Partnership Act appeal". The Royal Gazette. Archived from the original on 28 February 2018. https://web.archive.org/web/20180228221731/http://www.royalgazette.com/same-sex-marriage/article/20180227/may-date-for-domestic-partnership-act-appeal. Retrieved 28 February 2018. 
  17. ↑ "Same Sex Marriage Legal Challenge Underway". bernews. 21 May 2018. http://bernews.com/2018/05/same-sex-marriage-legal-challenge-to-begin/. 
  18. ↑ "Summary Judgment: Ferguson et al v. Attorney-General". Supreme Court of Bermuda. 6 June 2018. https://www.gov.bm/sites/default/files/Judgment%20Summary-Ferguson-v-A-G-OutBermuda%20and%20Jackson-v-A-G.pdf. 
  19. ↑ "Ruling: Ferguson et al v. Attorney-General". Supreme Court of Bermuda. 6 June 2018. https://www.gov.bm/sites/default/files/Final%20Judgment-Ferguson-v-A-G-OutBermuda%20and%20Jackson-v-A-G.pdf. 
  20. ↑ Sam Strangeways & Owain Johnston-Barnes (6 June 2018). "Court rules in favour of same-sex marriage". The Royal Gazette. http://mobile.royalgazette.com/same-sex-marriage/article/20180606/court-rules-in-favour-of-same-sex-marriage&template=mobileart&template=mobileart. 
  21. ↑ "Court Rules In Favour Of SSM, Govt To Appeal". Bernews. 6 June 2018. http://bernews.com/2018/06/same-sex-marriage-judgment-expected-today/. 
  22. ↑ 22.0 22.1 "Governor signs Domestic Partnership Act". Government of Bermuda. 2018-02-07. https://www.gov.bm/articles/governor-signs-domestic-partnership-act. Retrieved 2018-03-13. 
  23. ↑ 23.0 23.1 "SSM/Partnerships Policy Takes Effect On June 1". Bernews. 2018-02-28. http://bernews.com/2018/02/ssmpartnerships-policy-takes-effect-on-june-1/. Retrieved 2018-03-13. 




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