London Daily

Focus on the big picture.
Wednesday, Jan 14, 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
UK Intensifies Arctic Security Engagement as Trump’s Greenland Rhetoric Fuels Allied Concern
Meghan Markle Could Return to the UK for the First Time in Nearly Four Years If Security Is Secured
Meghan Markle Likely to Return to UK Only if Harry Secures Official Security Cover
UAE Restricts Funding for Emiratis to Study in UK Amid Fears Over Muslim Brotherhood Influence
EU Seeks ‘Farage Clause’ in Brexit Reset Talks to Safeguard Long-Term Agreement Stability
Starmer’s Push to Rally Support for Action Against Elon Musk’s X Faces Setback as Canada Shuns Ban
UK Free School Meals Expansion Faces Political and Budgetary Delays
EU Seeks ‘Farage Clause’ in Brexit Reset Talks With Britain
Germany Hit by Major Airport Strikes Disrupting European Travel
Prince Harry Seeks King Charles’ Support to Open Invictus Games on UK Return
Washington Holds Back as Britain and France Signal Willingness to Deploy Troops in Postwar Ukraine
Elon Musk Accuses UK Government of Suppressing Free Speech as X Faces Potential Ban Over AI-Generated Content
Russia Deploys Hypersonic Missile in Strike on Ukraine
OpenAI and SoftBank Commit One Billion Dollars to Energy and Data Centre Supplier
UK Prime Minister Starmer Reaffirms Support for Danish Sovereignty Over Greenland Amid U.S. Pressure
UK Support Bolsters U.S. Seizure of Russian-Flagged Tanker Marinera in Atlantic Strike on Sanctions Evasion
The Claim That Maduro’s Capture and Trial Violate International Law Is Either Legally Illiterate—or Deliberately Deceptive
UK Data Watchdog Probes Elon Musk’s X Over AI-Generated Grok Images Amid Surge in Non-Consensual Outputs
Prince Harry to Return to UK for Court Hearing Without Plans to Meet King Charles III
UK Confirms Support for US Seizure of Russian-Flagged Oil Tanker in North Atlantic
Béla Tarr, Visionary Hungarian Filmmaker, Dies at Seventy After Long Illness
UK and France Pledge Military Hubs Across Ukraine in Post-Ceasefire Security Plan
Prince Harry Poised to Regain UK Security Cover, Clearing Way for Family Visits
UK Junk Food Advertising Ban Faces Major Loophole Allowing Brand-Only Promotions
Maduro’s Arrest Without The Hague Tests International Law—and Trump’s Willingness to Break It
German Intelligence Secretly Intercepted Obama’s Air Force One Communications
The U.S. State Department’s account in Persian: “President Trump is a man of action. If you didn’t know it until now, now you do—do not play games with President Trump.”
Fake Mainstream Media Double Standard: Elon Musk Versus Mamdani
HSBC Leads 2026 Mortgage Rate Cuts as UK Lending Costs Ease
US Joint Chiefs Chairman Outlines How Operation Absolute Resolve Was Carried Out in Venezuela
Starmer Welcomes End of Maduro Era While Stressing International Law and UK Non-Involvement
Korean Beauty Turns Viral Skincare Into a Global Export Engine
UK Confirms Non-Involvement in U.S. Military Action Against Venezuela
UK Terror Watchdog Calls for Australian-Style Social Media Ban to Protect Teenagers
Iranian Protests Intensify as Another Revolutionary Guard Member Is Killed and Khamenei Blames the West
Delta Force Identified as Unit Behind U.S. Operation That Captured Venezuela’s President
Europe’s Luxury Sanctions Punish Russian Consumers While a Sanctions-Circumvention Industry Thrives
Berkshire’s Buffett-to-Abel Transition Tests Whether a One-Man Trust Model Can Survive as a System
Fraud in European Central Bank: Lagarde’s Hidden Pay Premium Exposes a Transparency Crisis at the European Central Bank
Trump Announces U.S. Large-Scale Strike on Venezuela, Declares President Maduro and Wife Captured
Tesla Loses EV Crown to China’s BYD After Annual Deliveries Decline in 2025
UK Manufacturing Growth Reaches 15-Month Peak as Output and Orders Improve in December
Beijing Threatened to Scrap UK–China Trade Talks After British Minister’s Taiwan Visit
Newly Released Files Reveal Tony Blair Pressured Officials Over Iraq Death Case Involving UK Soldiers
Top Stocks and Themes to Watch in 2026 as Markets Enter New Year with Fresh Momentum
No UK Curfew Ordered as Deepfake TikTok Falsely Attributes Decree to Prime Minister Starmer
Europe’s Largest Defence Groups Set to Return Nearly Five Billion Dollars to Shareholders in Twenty Twenty-Five
Abu Dhabi ‘Capital of Capital’: How Abu Dhabi Rose as a Sovereign Wealth Power
Diamonds Are Powering a New Quantum Revolution
Trump Threatens Strikes Against Iran if Nuclear Programme Is Restarted
×