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Domestic Partnership Act 2018

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Domestic Partnerships Act 2018
Parliament of Bermuda
CitationAct No.1 of 2018
Royal assent7 February 2018
Signed byGovernor John Rankin
Commenced1 June 2018
Introduced byWalter Roban
Keywords
same-sex marriage, domestic partnership
Status: Current legislation

The Domestic Partnership Act 2018 is an act of the Parliament of Bermuda. It provided for the creation of domestic partnerships for both same-sex and opposite-sex couples and prohibited same-sex marriage, making the Parliament of Bermuda the first legislature to abolish same-sex marriage after it was initially legalised.[1][2]

Background

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The Domestic Partnership Bill was introduced in 2017 after the Supreme Court of Bermuda ruled that homosexuals should have the same rights to marry as heterosexual couples, judicially legalising same-sex marriage.[3] After the ruling, the Minister for Home Affairs, Walter Roban, brought the bill before the Bermuda House of Assembly designed to create a separate institution of unions for same-sex couples.[4] The Bill passed the House with a 24–10 majority and also passed through the Senate with an 8–3 majority.[5]

The bill then went to the Governor of Bermuda for Royal assent on behalf of Queen Elizabeth II, which is legally required to be given to bills that have passed both houses in order for them to become law. Governor John Rankin delayed granting consent in order to consult with the British Foreign and Commonwealth Office.[6] Following this, a number of international media outlets and politicians called on him to refuse to grant royal assent. A debate in the British House of Commons, led by the Labour Party's Chris Bryant, called on the Foreign Secretary Boris Johnson to block the bill. Minister Sir Alan Duncan said that the government was "disappointed" but would not block the introduction of the act, citing the constitutional convention that the British government would not directly interfere with decisions taken by the legislatures of the Overseas Territories.[7][8] Fellow Foreign Office Minister Harriett Baldwin defended this decision.[7] The Governor then granted the Royal assent on 7 February 2018.[9] The law went into effect on 1 June 2018.[10][11]

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A legal challenge against the law was filed with the Supreme Court on 16 February 2018.[12][13] A second challenge against the law was announced on 3 April 2018.[14][15] A hearing was held on 21 and 22 May 2018 before the Chief Justice of the court.[16][17]

The court ruled on the matter on 6 June 2018. It held that “maintaining or restoring a definition of marriage that disadvantaged those who believe in same-sex marriage discriminated against them on the grounds of their creed contrary to section 12 of the Bermuda Constitution.”[18][19] The court agreed to an application by the Attorney-General to stay the ruling by six weeks, to allow the government to consider an appeal.[20] The Minister for Home Affairs has said the government intends to appeal the ruling “subject to any legal advice that we receive”.[21] On 5 July, the Minister of Home Affairs, Walter Roban, confirmed that an appeal had been filed with the Court of Appeal.[22][23] The court heard oral arguments on 7, 8 and 9 November 2018.[24] On 23 November, the court upheld the Supreme Court's ruling and refused to stay the decision.[25][26][27] On 13 December 2018, Roban announced that the government had applied to the Court of Appeal for permission to appeal the ruling to the Judicial Committee of the Privy Council.[28][29] On 29 May 2019, Roban said that permission to appeal had been granted.[30] The government filed the notice of appeal on 12 July 2019.[31] The appeal was heard on 3 and 4 February 2021.[32] On 14 March 2022, the JCPC allowed the appeal and ruled that the Domestic Partnership Act 2018 is constitutional.[33]

Effect

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The Act created domestic partnerships in Bermuda which replaced same-sex marriages. The act also permitted for heterosexual couples to enter into a domestic partnership.[34] Same-sex couples who were married before the act came into force would remain recognised as being married.[34] Implementation was delayed owing to pending marriage licences and ceremonies due to be conducted in Bermuda or on Bermudan flagged ships.[35] The Act came into force on 1 June 2018.[35]

2022 legislation

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In July 2022, laws were passed within Bermuda to retrospectively backdate same-sex marriage legality formally prior to March 2022.[36]

References

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  1. ^ Tom Embury-Dennis (8 February 2018). "Bermuda repeals same-sex marriage in world first". The Independent. Retrieved 13 March 2018.
  2. ^ "Bermuda to become first territory to legalise - and then ban - same-sex marriage in just seven months". The Telegraph. 14 December 2017. Retrieved 13 March 2018.
  3. ^ Simon Jones (5 May 2017). "Landmark same-sex ruling". The Royal Gazette. Retrieved 13 March 2018.
  4. ^ "Domestic Partnership Act 2017". Government of Bermuda. 24 November 2017. Retrieved 13 March 2018.
  5. ^ Simon Jones (14 December 2017). "Domestic Partnership Bill passed in Senate". The Royal Gazette. Retrieved 13 March 2018.
  6. ^ "Bermuda governor mulls decision on same-sex marriage ban". Jamaica Observer. 19 December 2017. Retrieved 13 March 2018.
  7. ^ a b Jonathan Bell (30 January 2018). "British MPs debate move to end gay marriage". The Royal Gazette. Retrieved 13 March 2018.
  8. ^ "Bermuda same-sex marriage: Government will not block bill". BBC News. 8 February 2018. Retrieved 13 March 2018.
  9. ^ Ellis, Ralph (8 February 2018). "Bermuda replaces same-sex marriage with domestic partnerships". CNN. Retrieved 13 March 2018.
  10. ^ "Domestic Partnership Act 2018 Commencement Day Notice 2018" (PDF). Bermuda Laws Online. 9 April 2018. Retrieved 15 April 2018.
  11. ^ "Bermuda's ban on same-sex weddings comes into effect". Jamaica Observer. 1 June 2018.
  12. ^ Burgess, Don (16 February 2018). "Legal Challenge Filed: Same Sex Marriage". Bernews. Archived from the original on 28 February 2018. Retrieved 16 February 2018.
  13. ^ Strangeways, Sam (16 February 2018). "Lawsuit launched over same-sex marriage". The Royal Gazette. Archived from the original on 28 February 2018. Retrieved 16 February 2018.
  14. ^ "Carnival Supporting New SSM Legal Action". Bernews. 3 April 2018. Archived from the original on 3 April 2018. Retrieved 3 April 2018.
  15. ^ Lagan, Sarah (3 April 2018). "OutBermuda to challenge Domestic Partnership". The Royal Gazette. Archived from the original on 3 April 2018. Retrieved 3 April 2018.
  16. ^ Strangeways, Sam (28 February 2018). "May date for Domestic Partnership Act appeal". The Royal Gazette. Archived from the original on 28 February 2018. Retrieved 28 February 2018.
  17. ^ "Same Sex Marriage Legal Challenge Underway". bernews. 21 May 2018.
  18. ^ "Summary Judgment: Ferguson et al v. Attorney-General" (PDF). Supreme Court of Bermuda. 6 June 2018.
  19. ^ "Ruling: Ferguson et al v. Attorney-General" (PDF). Supreme Court of Bermuda. 6 June 2018.
  20. ^ Sam Strangeways & Owain Johnston-Barnes (6 June 2018). "Court rules in favour of same-sex marriage". The Royal Gazette. Archived from the original on 12 June 2018. Retrieved 29 November 2019.
  21. ^ "Court Rules In Favour Of SSM, Govt To Appeal". Bernews. 6 June 2018.
  22. ^ Bell, Jonathan (5 July 2018). "Government appeals same-sex ruling". The Royal Gazette. Archived from the original on 5 July 2018. Retrieved 5 July 2018.
  23. ^ "Govt Files Appeal In Same Sex Marriage Case". Bernews. 5 July 2018. Archived from the original on 5 July 2018. Retrieved 5 July 2018.
  24. ^ Lagan, Sarah (25 August 2018). "SSM appeal to be heard in November". The Royal Gazette. Archived from the original on 25 August 2018. Retrieved 25 August 2018.
  25. ^ Johnston-Barnes, Owain (23 November 2018). "Government loses same-sex battle". The Royal Gazette. Archived from the original on 25 November 2018. Retrieved 23 November 2018.
  26. ^ "Ruling: Ferguson et al v. Attorney-General" (PDF). The Court of Appeal for Bermuda. Archived from the original (PDF) on 14 December 2018. Retrieved 23 November 2018.
  27. ^ "Court Dismisses Government Appeal On SSM". Bernews. 23 November 2018. Archived from the original on 23 November 2018. Retrieved 23 November 2018.
  28. ^ McWhirter, Fiona (14 December 2018). "Government set for a run at the Privy Council". The Royal Gazette. Archived from the original on 14 December 2018. Retrieved 14 December 2018.
  29. ^ "SSM: Govt Applies To Appeal To Privy Council". Bernews. 13 December 2018. Archived from the original on 14 December 2018. Retrieved 14 December 2018.
  30. ^ Strangeways, Sam (29 May 2019). "Same-sex case heading for London". The Royal Gazette. Archived from the original on 29 May 2019. Retrieved 29 May 2019.
  31. ^ Bell, Jonathan (5 September 2019). "OutBermuda accuses Government of stalling". The Royal Gazette. Archived from the original on 5 September 2019. Retrieved 6 September 2019.
  32. ^ "Same-sex marriage ban unconstitutional, Privy Council told". The Royal Gazette. 5 February 2021. Retrieved 22 February 2021.
  33. ^ "Bermuda ban on same-sex marriage is constitutional, London tribunal says". Reuters. 14 March 2022. Retrieved 14 March 2022.
  34. ^ a b "Governor signs Domestic Partnership Act". Government of Bermuda. 7 February 2018. Retrieved 13 March 2018.
  35. ^ a b "SSM/Partnerships Policy Takes Effect On June 1". Bernews. 28 February 2018. Retrieved 13 March 2018.
  36. ^ "Same-sex marriages validated". 18 July 2022.
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