London Daily

Focus on the big picture.
Monday, Jul 13, 2026

Gay marriage case on road to Privy Council

Gay marriage case on road to Privy Council

Lawyers acting for Chantelle Day and Vickie Bodden, a same-sex couple who have been battling in the courts for the right to marry or at least engage in a lawful civil union, have filed an application to take the fight to the Privy Council in the UK. Attorney Ben Tonner confirmed Wednesday that the documents had been filed with the Cayman Islands Court of Appeal, which is the body that grants final leave to appeal to the highest court for British Overseas Territories and some Commonwealth countries .

Given that the local appeal court usually grants such leave, Tonner said,
“Once it does so, we will be filing an appeal in the Judicial Committee of The Privy Council (JCPC).”

Day and Bodden began their battle to marry several years ago. It began outside the courts when they wrote to government urging the creation in Cayman of some form of civil union law that would allow same-sex couples equality to the rights afforded by marriage, if not marriage itself.

However, despite a clear ruling from the European Court of Human Rights more than four years ago that this jurisdiction should enact such legislation, the government has failed to do so.

As a result, after being refused a marriage licence, the couple turned to the courts for duress. In a landmark ruling, Chief Justice Anthony Smellie found in their favour and legalised same sex marriage by making minor amendments from the bench to the Marriage Law, after finding that government had made no effort to address the clear violation of the couple’s human rights on several grounds

This outraged government, members of the Legislative Assembly and some conservative elements of the community, in particular several church leaders and their congregations. Therefore, government filed for a stay of CJ Smellie’s decision to allow for an appeal.

While the appeal court found that the government was not obligated to offer marriage and that it had clearly tried to avoid that eventuality in both the constitution and the law, it overturned the chief justice’s ruling. However, the court made it clear that government must offer some form of civil partnership akin to marriage to same sex couples immediately.

But although government has claimed that legislation to meet the appeal court’s direction is being drafted, the direction that it be implemented “expeditiously” has not been met. There is no sign that the draft bill will appear before the parliament in the forthcoming session at the end of this month. So, after almost three months since the appeal court made that ruling, the law is unlikely to appear before legislators for several more months, if at all.

With government still dragging its heels on a same-sex union law, Day and Bodden are continuing their fight for the ultimate equality of marriage and will be calling on the UK’s Privy Council to uphold the chief justice’s ruling. Tonner is expected to argue that the Cayman Islands Court of Appeal should have interpreted the local Constitution as protecting and promoting the rights and freedoms of the people, as the chief justice had, instead of taking the opposite position.

Gay marriage is now legal all across the UK, and the British government has continued to encourage its territories to also implement marriage equality. The Privy Council was expected to hear an appeal from the government of Bermuda after years of wrangling in their courts over the same issue, though in that case the appeal court there had upheld the change to the marriage law by the lower courts.

However, according to news coming from Bermuda just this week, the case may not make it before the JCPC after the government lawyers there missed a critical deadline for re-submissions.

Newsletter

Related Articles

0:00
0:00
Close
World Cup Visitors Turn American Big-Box Stores Into Souvenir Stops
Netflix Weighs Always-On Channels, Bundles and Short-Form Video
Passenger Is Pulled Partly Outside Ryanair Jet After Window Fails Mid-Flight
Innovation-led growth strategy
Public service reform pressure
Defence and industrial security
Labour leadership transition and economic reset
Northern England Pushes for Greater Influence in Britain’s Future Economic Model
UK Technology Strategy Focuses on Life Sciences, Digital Innovation and Research Investment
Britain and United States Maintain Focus on Pharmaceuticals Cooperation and Industrial Growth
UK Public Services Face Continued Pressure as Government Promises Visible Improvements
Regional Economic Power Becomes Key Theme in Britain’s Next Political Phase
Britain Expands Support for Small Businesses as Firms Seek Better Access to Finance
UK Economy Remains Central Political Challenge as Cost of Living and Growth Concerns Persist
National Health Service Introduces New Workplace Reviews to Improve Conditions for Healthcare Staff
UK Life Sciences Sector Secures More Than Three Billion Pounds in Investment to Support Innovation
Britain Strengthens Defence Strategy as Security Concerns Reshape Military and Industrial Policy
Andy Burnham Promises Stronger UK Defence Industry and Expanded Domestic Production
UK Government Faces Difficult Spending Choices as Labour Leadership Transition Approaches
Rachel Reeves Warns Andy Burnham of Immediate Economic Challenges After Expected Leadership Change
Andy Burnham Prepares to Lead UK Government With Plans for Regional Power Shift and Economic Reset
Government Creates Emergency Support Scheme for Financially Struggling Universities
United Kingdom Replaces Traditional Farm Subsidies With Payments Linked to Environmental Performance
National Grid Reports First Week of Electricity Generation Without Fossil Fuels
United Kingdom Financial Regulator Introduces Tougher Capital Rules for Cryptocurrency Exchanges
Belfast Harbour Expands Operations to Attract Investment Through United Kingdom and European Union Market Access
Scottish Government Threatens Legal Challenge Over Westminster Cuts to North Sea Transition Funding
United Kingdom Accelerates Trans-Pennine High-Speed Rail Project Linking Northern Cities
United Kingdom Secures Ten Billion Pound Investment for Cambridge Quantum Computing Campus
Port Talbot Steelworks Wins Support for Green Hydrogen Transition and Protection of Industrial Jobs
United Kingdom Sends Royal Navy Carrier Strike Group to Indo-Pacific as Regional Security Focus Expands
National Health Service Expands Artificial Intelligence Diagnostics Across England to Reduce Screening Backlogs
United Kingdom Launches Fifty Billion Pound Infrastructure Fund to Accelerate Housing and Construction
UK Medical Chiefs Update Health Guidance to Promote Everyday Physical Activity
Office of Communications Keeps Wikipedia Under Review Under UK Online Safety Rules
UK Defence Ministry Expands Deep-Strike Capability Through Precision Missile Programme
Russell Group Universities Warn Funding Cuts Could Damage NHS Workforce Training
UK Parliament Calls for National Emergency Broadcast as Heatwave Conditions Intensify
UK and Netherlands Strengthen Naval Cooperation With New Amphibious Defence Partnership
UK Defence Ministry Joins International Missile Programme With One Hundred and Ninety Million Pound Investment
Bank of England Warns Middle East Conflict and AI Risks Could Pressure UK Economy
UK Government Introduces New Rules to Limit Foreign Influence in Political Donations
UK and France Prepare Naval Mission to Protect Shipping Through Strait of Hormuz
United States Pressures UK to Increase Defence Spending at NATO Summit
Bank of England Warns Artificial Intelligence Investment Boom Could Create Financial Stability Risks
Bank of England Begins Direct Oversight of Critical Technology Providers Supporting UK Finance
Andy Burnham Set to Become UK Prime Minister After Labour Leadership Race Clears Path to Downing Street
Scottish Fishing Industry Calls for Emergency Support Amid Rising Costs
UK Supports Stronger European Response to Russian Actions in Ukraine
Devon and Cornwall Police Release Suspect in Ann Widdecombe Murder Investigation
×