London Daily

Focus on the big picture.
Tuesday, Jun 02, 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
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×