Tag Archives: same-sex partnership

Withdrawal of same-sex marriage in Bermuda: low hanging fruit in the constitutional living tree?

By Mr Marc Johnson, Teaching Associate in Law (University of Bristol Law School).

© Procsilas Moscas

On 7 February 2018, Bermuda’s Governor approved the Domestic Partnership Act 2017 (DPA) which withdraws the right for same-sex couples to marry in Bermuda. The ‘Domestic Partnership’ purports to offer the same legal standing as marriage though there is a degree of scepticism around whether this will be the case. There is a substantial body of writing in the UK on whether the civil partnerships established under the Civil Partnership Act 2004 were in fact equal to marriage, or whether creating a second form of legal partnership also created a subordinate form of legal partnership.

This may not however, be the end of the story. According to Reuters News Agency, on 20 February 2018, a Bermudian Lawyer has filed a motion asking for the Supreme Court of Bermuda (a court of first instance unlike the Supreme Court of the UK which is the UK’s final appellate court), to consider whether the DPA is inconsistent with the Bermudian Human Rights Act 1981 (HRA). This blog piece will briefly consider whether the Bermudian constitution has been altered by the HRA to include protections for same-sex marriage, to what extent is the HRA constitutional, and can rights given under the HRA be removed. Continue reading