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by pltm
(PLTM) - In what is anticipated to be a landmark case, a local same-sex couple has moved to the courts to get their marriage fully recognised here in the British Virgin Islands.
The couple, Kinisha Forbes and Kirsten Lettsome, has filed a Constitutional Motion following a decision by the Registrar General on February 2, 2021, not to issue them with a Marriage License on the basis that the Applicants were of the same sex.
Forbes and Lettsome are seeking a declaration that the marriage between them which took place in the United Kingdom on July 5, 2019, but with effect from July 28, 2011, is valid under the laws of the BVI.
BVI Platinum News contacted the couple, who explained that they have been married under UK law for over 10 years now and have been together for 15.
“We are both Virgin Islanders who grew up in the Virgin Islands (VI) and passionately advocate for our Territory's progress across many fronts,” the couple shared.
The couple added, “We are applying for our marriage to be recognised in the VI so that we can enjoy all civil rights enjoyed by married persons in the Territory. We look forward to the day when our marriage will be fully recognised under VI law.”
According to court documents, on January 29th, 2021, the applicants applied to the Registrar General for a marriage license pursuant to Section 26 of the Marriage Act and that the Registrar General conduct the ceremony pursuant to Section 15 (2) of the Marriage Act.
However, on February 2, 2021, the Registrar General refused both requests on the grounds that the applicants were of the same sex.
The couple is contending that the prohibition of same sex marriages contravenes sections 9, 12, 19, 20, 21 and 26 of the Constitution and, by virtue of section 31 and 115, the existing laws that so prohibit must be modified to bring them into conformity.
The couple is being represented by PST Law while the respondents are the Registrar General and the Attorney General.
The case is set to be heard for the first time on November 9, 2021, before Justice Darshan Ramdhani.
Same-Sex Marriages Debate
Like many countries, the debate on same-sex marriages has been very fierce. The churches continue to be vocal against such marriages, but the United Kingdom (UK) has been encouraging Overseas Territories to accept and recognise such unions.
The United Kingdom’s (UK) Foreign Affairs Select Committee had prepared a report on the future relationship between the UK and OTs, with sweeping changes being proposed, including for a date to be set for all OTs to legalise same-sex marriages.
Under the ‘global Britain agenda’ it is proposed that the UK Government must be prepared to intervene through legislation or an Order in Council if the date is not met.
Shortly after being elected, Premier and Minister of Finance, Hon. Andrew Fahie spoke on the matter, stating, “The people of the Virgin Islands are the voice of God in the Virgin Islands. They’ll have to say what they want for the Virgin Islands.”
He said that as the Premier, he cannot make any unilateral decisions on such matters, saying, “That’s not a matter for the Premier alone. The people have to be heard, the elected representatives’ voices have to be heard, and then we’ll have a decision.”
The proposal for the imposed legalisation was one which was met with rejection by political aspirants during the last campaign season, with most persons coming to a consensus that there must be consultation with the people.
One of those, Territorial At Large candidate with the Progressive Virgin Islands Movement (PVIM), Apostle Curnal Fahie says he will not stand for it in the BVI.
Addressing a rally at Fahie Hill, he said that the issue is “coming in the pipes.”
“We have to rise up and stand against issues like these. We can no longer be quiet in the land,” he stated.
The religious leader firmly affirmed, “I am going to advocate and stand up against it.”
For those living the lifestyle, he said, “You can do whatever you want in your house, that’s your business, but you can’t force all of us to accept.”
In remarks directed to Premier Fahie during his first sitting as Premier in the House of Assembly, Third District Representative, Hon. Julian Fraser—who has represented his constituency for over two decades, raised the issue.
“They’re also talking about same-sex marriages. In the past, our Government has avoided that like a plague. Our country has avoided that like a plague and wished for the British Government to impose imperial legislation upon us...It’s an issue that you have to face…It’s not an issue that you can avoid and walk away from,” he had warned the new Premier.
The Cayman Case
Over in Cayman Islands, the legal battle over the issue of whether same-sex marriage should be legalised was heard before the Privy Council in the UK earlier this year.
The appellants in Cayman, Chantelle Day and Vickie Bodden Bush, took their case to the UK’s highest court with the hopes that it would side with Cayman’s Grand Court and make same-sex marriage legal in Cayman.
According to the Cayman Compass, Day and Bodden Bush were denied a marriage licence in 2018 after their application was rejected on the basis that the Marriage Law defines marriage as “the union between a man and a woman as husband and wife”.
The Compass reported that in March 2019, the Grand Court found in their favour, ruling that preventing same-sex marriage was incompatible with Cayman’s Bill of Rights, as set out in the Constitution, which guarantees the right to private and family life.
In November 2019, the Cayman Islands Court of Appeal overturned that decision, ruling that the right to marry under the Constitution does not cover same-sex couples. However, the Cayman Compass reported that the court also ordered government to act “expeditiously” to provide the couple with legal status equivalent to marriage.
The couple subsequently appealed to the Judicial Committee of the Privy Council. A decision is pending.
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