British island territory swaps marriage for domestic partnerships for LGBT couples in move criticised as attack on equal rights

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This article is more than 1 year old

Bermuda has become the first jurisdiction to legalise and then repeal same-sex marriage, in what critics have called an unprecedented rollback of civil rights by the British territory.

Bermuda’s governor has signed into law a bill reversing the right of gay couples to marry, despite a supreme court ruling last year authorising same-sex marriage.

Walton Brown, Bermuda’s minister of home affairs, said the legislation signed by Governor John Rankin would balance opposition to same-sex marriage on the socially conservative island while complying with European court rulings that ensure recognition and protection for same-sex couples in the territory.

Bermuda’s Senate and House of Assembly passed the legislation by wide margins in December and a majority of voters opposed same-sex marriage in a referendum.

“The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples,” said Brown, whose ruling Progressive Labour party proposed the repeal.

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LGBT civil rights groups said domestic partnerships amounted to a second-class status and it was unprecedented for a jurisdiction to take away the legal right to marriage after it had been granted.

“Governor Rankin and the Bermuda parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality,” said Ty Cobb, director of Human Rights Campaign Global.

“I feel enormously disappointed,” said Joe Gibbons, a 64-year-old married gay Bermudian. “This is not equality, and the British government has obviously just said, ‘This is not our fight.’”

About half a dozen same-sex marriages that took place in Bermuda between the supreme court ruling in May 2017 and the repeal will continue to be recognised under the new law.

But same-sex couples will now have the option only of a registered domestic partnership. Brown said those couples would had “equivalent” rights to married heterosexual couples, including the right to make medical decisions on behalf of one’s partner.

Human rights groups had lobbied Rankin and the foreign secretary, Boris Johnson, to deviate from standard practice in self-governing UK territories and withhold assent for the change. They argued that the new legislation contradicted Bermuda’s constitution, which guarantees freedom from discrimination.

In a debate in the UK’s House of Commons last month, the Labour MP Chris Bryant called the bill a “deeply unpleasant and very cynical piece of legislation”. After the repeal was confirmed, Bryant tweeted that it would “undermine [the] UK effort to advance LGBT rights”.

Chris Bryant (@RhonddaBryant) So @BorisJohnson has granted permission to Bermuda to abolish same sex marriage. This totally undermines UK effort to advance LGBT rights.

The supreme court ruling on marriage equality in May 2017 was celebrated by Bermuda’s small gay community, but it also outraged many on the socially conservative island, including church leaders, and thousands protested outside parliament.

Having signed his assent, Rankin declined to comment beyond a brief statement: “After careful consideration in line with my responsibilities under the constitution, I have today given assent to the Domestic Partnership Act 2017.”

Mark Pettingill, a Bermudian lawyer who won the May 2017 marriage equality case in the supreme court, had previously said he might challenge the governor’s decision through a constitutional action. He could not immediately be reached for comment on Wednesday.

Associated Press and Reuters contributed to this report

• This article was amended on 8 February 2018 to reflect that comments initially attributed by the AP to John Rankin were in fact said by Walton Brown.</s>Freezing weather did not stop the Bermuda delegation from wearing bright red shorts and blazers for the opening ceremony of the 2018 Winter Olympics in PyeongChang, South Korea.

Cross-country skier Tucker Murphy, who was accompanied by his coach Pepa Miloucheva and assistant coach Waxer Jeff Shaw, wore Bermuda shorts, named after the Caribbean territory, despite the cold temperatures— that dipped below 30 degrees Fahrenheit.

“That’s normal,” Dexter Smith, editor of Bermuda’s Royal Gazette newspaper, told USA “At the Olympic Games, winter or summer, we’re pretty much famous for our Bermuda shorts. …It’s not a novelty. Not be any stretch.’”

The Bermudan delegates were not the only islanders that were under-dressed. Tonga’s Pita Taufatofua marched oiled and bare-chested during the ceremony as well.

Their frigid march comes a day after the British island territory became the world’s first jurisdiction to legalize and then repeal same-sex marriage, which critics say is rollback of civil liberties.

See the reactions to the bold choice of attire below.</s>The British island territory of Bermuda has become the first country to legalise and then repeal same-sex marriage.

Governor John Rankin approved a bill reversing the right, a speedy turnaround given a supreme court ruling had made same-sex marriage legal just last year.

The legislation had been approved in December.

An earlier referendum on the issue revealed a majority of voters on the Atlantic Ocean island opposed same-sex marriage.

About half a dozen same-sex marriages had been conducted in the time between the court's ruling and the new legislation being approved.

Those unions will still be recognised under the new law.

At a time when the legalisation of same-sex marriage is gathering steam around the world, Bermuda's decision has been heavily criticised by LGBT campaigners.</s>(HAMILTON, Bermuda) — Legislation replacing same-sex marriage with domestic partnerships in Bermuda was signed into law by the governor Wednesday as critics called it an unprecedented rollback of civil rights in the British island territory.

Minister of Home Affairs Walton Brown said the legislation signed by Gov. John Rankin seeks to balance opposition to same-sex marriage on the socially conservative island while complying with European court rulings that ensure recognition and protection for same-sex couples in the territory.

Bermuda’s Senate and House of Assembly passed the legislation by wide margins in December and a majority of voters opposed same-sex marriage in a referendum.

“The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognizing and protecting the rights of same-sex couples,” Brown said.

LGBTQ civil rights groups said that domestic partnerships amount to a second-class status and that it is unprecedented for a jurisdiction to take away the legal right to marriage after it has been granted.

“Governor Rankin and the Bermuda Parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality,” said Ty Cobb, director of the Human Rights Campaign Global.

Couples in a registered domestic partnership will now have “equivalent” rights to those of married heterosexual couples, including the right to make medical decisions on behalf of one’s partner, Brown said in a statement issued by the government.

About a half dozen same-sex marriages that took place in Bermuda between when they were legalized by a court ruling in May 2017 and the repeal are recognized under the new law.</s>Bermuda has become the first country in the world to repeal legislation allowing same-sex couples to marry.

The British Overseas Territory had allowed couples of the same gender to marry since May 2017, but now a law has been put into force in its place establishing domestic partnerships.

Critics called the move an unprecedented rollback of civil rights.

Minister of home affairs Walton Brown said the legislation signed by governor John Rankin seeks to balance opposition to same-sex marriage on the socially conservative island while complying with European court rulings that ensure recognition and protection for same-sex couples in the territory.

Bermuda’s Senate and House of Assembly passed the new legislation by wide margins in December and a majority of voters opposed same-sex marriage in a referendum.

“The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples,” Mr Brown said.

LGBTQ civil rights groups said domestic partnerships amounted to a second-class status and it was unprecedented for a jurisdiction to take away the legal right to marriage after it had been granted.

“Governor Rankin and the Bermuda parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality,” said Ty Cobb, director of Human Rights Campaign Global.

Couples in a registered domestic partnership will now have “equivalent” rights to those of married heterosexual couples, including the right to make medical decisions on behalf of one’s partner, Mr Brown said in a statement issued by the government.

About a half dozen same-sex marriages that took place in Bermuda between when they were legalised by a court ruling in May 2017 and the repeal are recognised under the new law. – AP</s>British island territory swaps marriage for domestic partnerships for LGBT couples in move criticised as attack on equal rightsBermuda has become the first jurisdiction to legalise and then repeal same-sex marriage, in what critics have called an unprecedented rollback of civil rights by the British territory.Walton Brown, Bermuda's minister of home affairs, said the legislation signed by Governor John Rankin would balance opposition to same-sex marriage on the socially conservative island while complying with European court rulings that ensure recognition and protection for same-sex couples in the territory.Bermuda's Senate and House of Assembly passed the legislation by wide margins in December and"The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples," said Brown, whose ruling Progressive Labour party proposed the repeal.LGBT civil rights groups said domestic partnerships amounted to a second-class status and it was unprecedented for a jurisdiction to take away the legal right to marriage after it had been granted."Governor Rankin and the Bermuda parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality," said Ty Cobb, director of Human Rights Campaign Global."I feel enormously disappointed," said Joe Gibbons, a 64-year-old married gay Bermudian. "This is not equality, and the British government has obviously just said, 'This is not our fight.'"But same-sex couples will now have the option only of a registered domestic partnership.Human rights groups had lobbied Rankin and the foreign secretary, Boris Johnson, to deviate from standard practice in self-governing UK territories and withhold assent for the change. They argued that the new legislation contradicted Bermuda's constitution, which guarantees freedom from discrimination.In a debate in the UK's House of Commons last month, the Labour MP Chris Bryant called the bill a "deeply unpleasant and very cynical piece of legislation". After the repeal was confirmed, Bryant tweeted that it would "undermine [the] UK effort to advance LGBT rights".The supreme court ruling on marriage equality in May 2017 was celebrated by Bermuda's small gay community, but it also outraged many on the socially conservative island, including church leaders, and thousands protested outside parliament.Having signed his assent, Rankin declined to comment beyond a brief statement: "After careful consideration in line with my responsibilities under the constitution, I have today given assent to the Domestic Partnership Act 2017."Mark Pettingill, a Bermudian lawyer who won the May 2017 marriage equality case in the supreme court, had previously said he might challenge the governor's decision through a constitutional action. He could not immediately be reached for comment on Wednesday.Associated Press and Reuters contributed to this report</s>The British island territory of Bermuda has become the first country to legalise and then repeal same-sex marriage.

Governor John Rankin approved a bill reversing the right, a speedy turnaround given a supreme court ruling had made same-sex marriage legal just last year.

The legislation had been approved in December.

An earlier referendum on the issue revealed a majority of voters on the Atlantic Ocean island opposed same-sex marriage.

At a time when the legalisation of same-sex marriage is gathering steam around the world, Bermuda's decision has been heavily cirticised by LGBT campaigners.

Back in Britain, an urgent question has been scheduled for later today in the House of Commons.

Activists have also lobbied Boris Johnson, as foreign secretary, to intervene.

As Bermuda is a self-governing British territory it requires the foreign secretary's assent for new legislation, although in practice that consent is never withheld.

About half a dozen same-sex marriages had been conducted in the time between the court's ruling and the new legislation being approved.

Those unions will still be recongised under the new law.</s>The government has come under cross-party pressure to explain why it gave permission for Bermuda to repeal same-sex marriage rights, after the British territory became the first place in the world to make such a move.

The legislation, decided by the island’s elected government, was signed into law on Wednesday by its governor, the British diplomat John Rankin. It replaces the right of same-sex couples to marry, introduced after a supreme court ruling last year along with domestic partnerships, available for all couples.

Following the move the Labour MP Chris Bryant secured an urgent question in the House of Commons to ask why the foreign secretary, Boris Johnson, approved the move.

Harriet Baldwin, the junior foreign office minister sent to deal with the question, said the government was “obviously disappointed” with the repeal of the law but felt it had no choice.

She said: “After full and careful consideration in regard to Bermuda’s constitutional and international obligations, the secretary of state decided that in these circumstances it would not be appropriate to use this power to block legislation, which can only be used where there is a legal or constitutional basis for doing so, and even only in exceptional circumstances.”



The new civil partnership law met European human rights standards, Baldwin said, telling MPs that ministers had limited powers over Britishoverseas territories, which were “separate, self-governing jurisdictions with their own democratically elected representatives that have the right to self-government”.

Responding, Bryant said this was not good enough. “However the government tries to dress this up, it is a backward step for human rights in Bermuda, and in the overseas territories,” he said.

“Gay and lesbian Bermudians have been told that they aren’t quite equal to everyone else. They’ve been told that they don’t deserve – this is the word being used – the full marriage rights that other Bermudians deserve.”

Another effect of this, Bryant said, was that Cunard and P&O ships registered in Bermuda could no longer hold same-sex marriages at sea.

He said: “Does the minister not really worry that when she tells the Russians to respect LGBT rights in Chechnya, or when she tries to convince India or Pakistan or Indonesia to change the law to benefit LGBT people, those countries will just laugh at her, and say: look, the first territory in the world to repeal same sex marriage is British Bermuda, and they did it with your express permission?”

Bryant asked Baldwin to provide fuller details of discussions with Bermuda, and whether Johnson or other ministers had sought to persuade the island’s government against their action.

Baldwin came under pressure over the issues from MPs from a series of parties, including the Conservative Nigel Huddleston, the SNP’s Carol Monaghan and Jamie Stone of the Liberal Democrats. Several pressed her to find out more details of Johnson’s discussions.

Responding for Labour, the shadow Foreign Office minister, Helen Goodman, said she disagreed with Baldwin’s arguments. She said: “When it comes to the rights of British citizens there should be no such thing as a balancing act.”

The island held a referendum in 2016 to ask about both same-sex marriage and same-sex civil unions. Both proposals were rejected by voters, but the turnout was below the 50% requirement.

Walton Brown, the minister of home affairs, said the legislation would offer balance on the socially conservative island while complying with European court rulings that ensure recognition and protection for same-sex couples.



“The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples,” said Brown, whose ruling PLP party proposed the repeal.



LGBT rights groups said domestic partnerships amounted to a second-class status and it was unprecedented for a jurisdiction to take away the legal right to marriage after it had been granted.

“Governor Rankin and the Bermuda parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality,” said Ty Cobb, the director of Human Rights Campaign Global.

About half a dozen same-sex marriages that took place in Bermuda between the supreme court ruling in May 2017 and the repeal will continue to be recognised under the new law.</s>BERMUDA HAS BECOME the first jurisdiction in the world to legalise and then repeal same-sex marriage in a move that UK Prime Minister Theresa May has described as “seriously disappointing”.

The overseas British territory had legalised same-sex marriage last May, after the country’s Supreme Court made a decision, but the ruling party in the country’s parliament has overturned it in a ruling on Wednesday.

Bermuda’s minister of home affairs Walton Brown said that anyone who has been married since last May will continue to be so despite the new legislation, and added that the decision was taken because of the feelings of the majority of people on the island.

He said: “The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples.”

The Domestic Partnership Act permits any couple to enter into a domestic partnership and gives same-sex couples rights “equivalent to those enjoyed by heterosexual married couples”, Brown said.

It would have been permitted for the UK government to block this change, but after what Foreign Minister Harriett Baldwin called “full and careful consideration”, it chose not to.

She said: “The [Foreign Secretary Boris Johnson] decided that in these circumstances it would not be appropriate to use this power to block legislation, which can only be used where there is a legal or constitutional basis for doing so, and even then only in exceptional circumstances.”

MPs on all sides of the House of Commons have been critical of the move, however, with Labour’s Chris Bryant saying the reversal would make the UK “a laughing stock in the international human rights field”.

He added that it “totally undermines UK effort(s) to advance LGBT rights”.

The prohibition will also mean that Bermuda-registered cruise ships won’t be able to host same-sex weddings.

In a joint statement, Cunard and P&O Cruises said: “We do not underestimate the disappointment this will cause those guests who have planned their weddings.”

Read: Bermuda bans same-sex marriage – just months after legalising it

Read: Here are the Paradise Paper highlights – and why they matter</s>Bermuda has become the first country to repeal legislation allowing same-sex couples to get married.

Couples of the same gender had been allowed to tie the knot in the British Overseas Territory since May 2017.

But now a law has been enforced establishing domestic partnerships instead, a move that critics have described as an unprecedented rollback of civil rights.

Bermuda's government said the legislation signed by Governor John Rankin aims to balance opposition to same-sex marriage with European court rulings that ensure recognition and protection for same sex-couples on the island.

Parliament had overwhelmingly passed the legislation in December, and a majority of Bermudans voted against same-sex marriage in a referendum.

"The act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples," said minister of home affairs Walton Brown.

Around half a dozen same-sex marriages that occurred between the court ruling last May and the repeal are recognised under the new law.

Now, couples in a registered domestic partnership will have "equivalent" rights to married heterosexual couples, including the right to take medical decisions on behalf of one's partner.

But LGBTQ civil rights groups said the unprecedented decision gave same-sex couples second-class status.

Ty Cobb, director of the Human Rights Campaign Global, said: "Governor Rankin and the Bermuda parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality."

The issue has also been raised in the British parliament.

While expressing the British government's "disappointment" at Bermuda's decision, Foreign Office minister Harriet Baldwin told MPs Foreign Secretary Boris Johnson decided it would "not be appropriate" to block the move.

Prime Minister Theresa May's official spokesman said: "We are seriously disappointed that the Domestic Partnership Bill removes the right for same-sex couples to marry in Bermuda.

"But that Bill has been democratically passed by the Parliament of Bermuda, and our relationship with the overseas territories is based on partnership and respect for their right to democratic self-government."

In a message on Twitter, Green Party leader Caroline Lucas said this stance was an "absolute scandal".

She added: "The FCO claims to stand for LGBT+ rights, yet in a territory THEY GOVERN they are waving through the repealing of same-sex marriage. This is a breach of human rights, and the Government should reverse their decision immediately."

Labour MP Chris Bryant told the Commons same-sex marriages at sea on some cruise ships will be outlawed as a result of the decision.

He said Cunard and P&O's Bermuda-registered ships will no longer be able to hold the ceremonies.
Bermuda repeals same-sex marriage, becoming the world's first jurisdiction to legalise, then repeal same-sex marriage. However, about half a dozen same-sex marriages that took place in Bermuda between the Supreme Court ruling in May 2017 and the repeal will continue to be recognised.