LGBT rights in the Cayman Islands

Lesbian, gay, bisexual, and transgender (LGBT) persons in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in the Cayman Islands.

LGBT rights in the Cayman Islands
Cayman Islands
Status	Legal since 2001[1]
Gender identity	No
Military	Yes
Discrimination protections	No
Family rights
Recognition of relationships	Civil partnership since 2020; Same-sex marriage recognised - only for immigration purposes since 2020
Adoption	Yes

On 29 March 2019, the Chief Justice of the Cayman Islands issued a ruling holding the territory's same-sex marriage ban unconstitutional. However the ruling was stayed and then overturned by the Court of Appeal on 7 November 2019. Same-sex civil partnerships are legal following enactment of the Civil Partnership Law on 4 September 2020. Since December 2020, same-sex marriage is recognised - however only for immigration purposes.[2][3]

Legality of same-sex sexual activity

Same-sex sexual acts were expressly decriminalised under Britain's Caribbean Territories (Criminal Law) Order, 2000, which took effect on 1 January 2001.[4]

Britain's International Covenant on Civil and Political Rights report on its Overseas Territories on Bermuda, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, the Pitcairn Islands, Saint Helena and the Turks and Caicos Islands stated in 1999 stated that "The United Kingdom Government is concerned that all Overseas Territories should adopt – as most of them, indeed, already do – substantially the same position as obtains in the United Kingdom itself in respect of capital punishment, judicial corporal punishment and the treatment as criminal offences of homosexual acts between consenting adults in private".[5]

The repeal of the anti-gay law was condemned by conservative groups and politicians, several of whom made conspiracy theories of a supposed secret gay lobby trying to destroy Cayman values and Christianity.[5]

The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[6]

Recognition of same-sex couples

The Marriage Law of the Cayman Islands defines marriage between one man and one woman.[7] The Constitution notes the right of opposite-sex couples to marry, though it does not explicitly mention same-sex unions.[8]

Since then, incremental reforms have been made to recognise some rights for same-sex couples. In July 2016, the Immigration Appeals Tribunal ruled in favour of a gay man who wished to be added to his spouse's work permit as a dependent.[9] Later that year, the Legislative Assembly voted against a motion to hold a referendum on whether the territory should legalise same-sex marriage.[10] A lawsuit brought by a dual Caymanian-British same-sex couple, challenging the ban on same-sex marriage, was lodged in the Grand Court. Oral arguments were heard in the case in February 2019,[11] with the decision in favour of recognising same-sex marriage published on 29 March 2019.[12]

However, the decision was later reversed by the Cayman Islands Court of Appeal. The appellant's arguments were heard in court for three days, starting on 28 August 2019.[13] The Court sided with the Government and on 7 November 2019 it overturned the Chief Justice’s previous judgment. It also called on the UK to step in and ensure that civil partnerships or a legal equivalent are implemented if the Cayman Islands Government fails to do so.[14] The petitioning couple is now mulling a possible appeal to the UK Privy Council.[15]

In 26 June 2020, the Cayman Islands government introduced the Domestic Partnership Bill, which would allow same-sex and opposite-sex couples to register a domestic partnership.[16][17]

Same-sex civil partnerships are legal following enactment of the Civil Partnership Law on 4 September 2020. Since December 2020, same-sex marriage is recognised - however only for immigration purposes.[18][19]

Discrimination protections

In 2009, a draft constitution excluded LGBT rights. The British Foreign Affairs Committee described the decision to exclude sexual orientation as a prohibited ground for discrimination as "deplorable" and raised concerns that it breached human rights laws. It raised the possibility that Cayman Islands residents could be afforded less than the full protection to which they are entitled, under the European Convention on Human Rights.[20]

Military service

Lesbian, gay, bisexual and transgender people have been allowed to serve openly in the British Armed Forces since 2000.[21]

Living conditions

Open displays of affection between same-sex partners may offend. Cayman society tends to be conservative when dealing with issues such as LGBT rights, though the younger generation is considered to be increasingly culturally liberal.[5]

The gay scene in the Cayman Islands is limited, with no specific gay nightclubs or beaches.[5] However, several hotels and tourist areas cater to gay clientele.

Homophobia

While the Cayman Islands is officially secular and the Constitution guarantees equality and non-discrimination, the Government has been particularly vocal and unapologetic in expressing its anti-gay attitudes. In 1998, it forbade a Norwegian Cruise Line ship carrying over 900 gay travellers from porting. The Tourism Ministry stated: "We cannot count on this group to uphold the standards of appropriate behaviour expected of visitors to the Cayman Islands."[5] The ban drew criticism from human rights groups and travel agencies, some of which advised a boycott of the islands.[5] In 2008, police arrested a Massachusetts gay man after he kissed his partner on a nightclub dancefloor. He was later released.[5]

Summary table

Same-sex sexual activity legal	(Since 2001)
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages	/ (Since 2020 - however only for immigration purposes)[22][23]
Recognition of same-sex couples (e.g. recognised as civil partnerships)	(Since 2020)
Stepchild adoption by same-sex couples	(Since 2020)
Joint adoption by same-sex couples	(Since 2020)
LGBT people allowed to serve openly in the military	(Since 2000; responsibility of the United Kingdom)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples	(Banned for heterosexual couples as well)
MSMs allowed to donate blood

See also

• Politics of the Cayman Islands
• LGBT rights in the Commonwealth of Nations
• LGBT rights in the Americas
• LGBT rights by country or territory
• Same-sex marriage in the Cayman Islands

References

1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 2013-07-19 at WebCite
4. "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
5. "Gay Life in Cayman Islands - GlobalGayz". www.globalgayz.com.
6. Whittaker, James (January 19, 2015). "Cayman may have to sanction same sex unions, expert says". Cayman Compass.
7. "Couple files legal challenge to gay marriage ban". Cayman Compass. 20 June 2018.
8. "The Cayman Islands Constitution Order 2009, Section 14, 'Marriage'" (PDF). Cayman Constitution. Archived from the original (PDF) on March 27, 2017. Retrieved May 20, 2016.
9. Duncan, Charles (July 24, 2016). "Gay couple wins work permit appeal". Cayman Compass.
10. UPDATED: Bid for referendum on gay marriage fails Cayman Compass, 6 October 2016
11. "Arguments conclude in landmark same-sex marriage case". cayman27.ky. 12 February 2019.
12. Whittaker, James. "BREAKING: Chief Justice rules same-sex marriage is legal | Cayman Compass". Retrieved 2019-03-29.
13. "Appeal court grants stay in gay marriage case". Cayman News Service. 10 April 2019. Retrieved 10 April 2019.
14. "Same-sex marriage ruling overturned". Cayman Compass. 7 November 2019. Retrieved 15 November 2019.
15. "Same-sex marriage: Couple considers Privy Council appeal". Cayman Compass. 13 November 2019. Retrieved 15 November 2019.
16. Young, Kayla (2020-06-26). "Same-sex union bill submitted to legislature". Cayman Compass. Retrieved 2020-06-27.
17. "Domestic Partnership Bill, 2020" (PDF).
20. "MPs criticise Cayman Islands' draft constitution for omitting gay rights". Pink News. Archived from the original on 2 January 2011. Retrieved 19 January 2011.
21. UK armed forces recruits to be asked if they are gay The Guardian