(CNS): Local advocacy group Colours Cayman has questioned the point of the Cayman Islands 2009 Constitution, given that the rights of the LGBT community are still being trampled on, as they urged action on marriage equality in 2020. The activists also noted the silence from the Human Rights Commission since the findings of the appeal court in the Day same-sex marriage case.

In November, the Cayman Islands Court of Appeal set aside the chief justice’s ruling to legalise same-sex marriage but directed the government to create an alternative legal framework for same-sex couples.

In a press release about the failure of both the local government and the UK to act on the appeal court’s directive to address the ongoing and admitted violation of the rights of Chantelle Day and Vickie Bodden, who have been fighting for marriage equality for several years, Colours also criticised the latest attack on Leo Raznovich, a law professor and outspoken advocate for LGBT rights in Cayman.

Asking where the support from the HRC was, Colours pointed out the part it should play in upholding human rights.

“Colours Cayman also questions the lack of a response from the Human Rights Commission of the Cayman Islands (HRC) and also the Cayman Islands Legal Practitioners Association. They each have an important role to play in society and one would expect that they would stand firm against any attempts to suppress those that seek to protect their rights or those that seek to support persons whose rights under the constitution are breached,” the activists said in a release.

Last May, James Austin-Smith, who had openly backed marriage equality, stepped down as HRC chair after five years in the post, having also endured attacks from legislators. He was replaced in September by Dale Crowley, a local attorney who has, up till now, been silent on the same-sex marriage case. But on 30 December the commission released a statement following enquiries by CNS.

Referring to the Court of Appeal decision, the HRC said that this “provided much needed clarity to enable Government to adopt appropriate legal protections” to ensure that Day and Bodden Bush enjoy their rights to a private and family life while preserving the definition of marriage enshrined in section 14 of the Bill of Rights and under local law.

“The Commission is appreciative of the guidance of the Court of Appeal in this matter and calls upon Government to meet its obligations under the Bill of Rights in the ‘expeditious’ manner set out by the Court of Appeal. The Commission has always and continues to stand ready to assist Government with the implementation of the legal protections necessary to ensure its compliance with the Bill of Rights and the ruling of the Court of Appeal.”

The commission said the topic was emotive but a fundamental principle is that the Constitution will respect, and will protect, the rights of the minority, even if the majority will not. “The Commission continues to support and advocate for equality under the law for all persons as a fundamental principle of human rights,” it added.

But Colours Cayman remains concerned over the continued lack of action by the UK government, which has the power to force its territories to address LGBT inequality.

“Throughout the years following our organisation’s inception and long before Colours Cayman became a registered non-profit, we have received little to no support or intervention from our or the UK Government whenever addressing the rampant inequality that our LGBTQIA+ community faces… particularly as it applies to marriage equality,” the activists stated.

They accused the UK government of standing idly by as the government here continues to “either scoff at the mere mention of addressing this issue and related ones or sidesteps them entirely”.

Colours added that the Constitution is meant to ensure fair and equal treatment under the law to all Caymanian citizens and residents, regardless of sexual orientation or gender identity.

“Yet, in spite of this, the Cayman Islands government sees fit to violate our constitutional rights, seemingly with little concern if any at all,” they said, noting that there is still no explicit legal protections at all for same-sex couples.

The government has said that it will turn its attention to same-sex unions or civil partnerships in the New Year, though it has given no indication as to when that will happened. Alden McLaughlin has urged the members of the Legislative Assembly to support legislation that government will bring to create a legal framework for same-sex relationships, warning that if they do not the UK could impose actual marriage equality.

However, with the exception of the veteran politician and member for North Side, Ezzard Miller, and the novice MLA for George Town Central, Kenneth Bryan, no other members have revealed where they stand publicly on the issue. While some of the PPM’s front-bench members are likely to be comfortable with a law creating a legal framework for same-sex unions, it is understood that several members of the PPM administration and other opposition members remain opposed, even to same-sex civil partnerships.