Edward Fitzgerald QC involved in landmark human rights case regarding same-sex marriages in the Cayman Islands

Chief Justice of the Cayman Islands is to decide on whether the current ban on same-sex marriages should be overturned. 

Joint Head of Chambers – Edward Fitzgerald QC, instructed on behalf of McGrath Tonner - Cayman Islands Law and in conjunction with Mr Ben Tonner QC, acts for Caymanian Chantelle Day and her partner Vickie Bodden Bush.

Mr. Fitzgerald urged the Chief Justice to use his powers under the constitution to amend the law to allow for same-sex marriage and bring it into balance with the constitution, which outlaws discrimination.

Speaking yesterday on the final day of the hearing Mr Fitzgerald concluded his submissions by saying –

“The dictates of our common humanity require the opening up of the institution of marriage to same-sex couples.”

“Time has been called on discrimination based on sexual orientation,”

Chief Justice Smellie retired to consider his decision which is expected within the next few months, the implications of which will have a significant and wide reaching impact on same-sex couples in the Cayman Islands and across the Overseas Territories and the Commonwealth.

The case being the first equal marriage case in the Caribbean has a history in Chambers with Jonathan Cooper OBE originally advising on the case some years ago. In the first instance trying to get the Government to accept equal marriage – or at least civil partnerships - without resorting to litigation, but the Government, including the UK FCO, insisted that Chantelle and Vickie go to court to resolve the issue.

It was at this stage the baton was passed to Edward Fitzgerald QC who would lead Peter Laverack from 5 Essex Court in the proceedings.

Press coverage can be found here and here.