VICTORY - SAME SEX MARRIAGE is now legal in Bermuda.

Yes indeed, our friends in Bermuda have done it. Lord knows this is go news given the closing walls via Trump et al elsewhere a nice victory in law, fair square. 

A gay couple have won their legal challenge against the Registrar-General’s decision to reject their application to marry in Bermuda.

the loving couple

Winston Godwin and his Canadian fiancé, Greg DeRoche, took their case to the Supreme Court, arguing that the Human Rights Act took primacy in Bermuda and protected their right to marry.  The Royal Gazette also featured the development.

This morning, Puisne Judge Charles Etta-Simmons delivered her ruling that stated: “On the facts, the applicants were discriminated against on the basis of their sexual orientation when the Registrar refused to process their notice of intended marriage.”

The judgment continues: “The applicants are entitled to an Order of Mandamus compelling the Registrar to act in accordance with the requirements of the Marriage Act and a declaration that same-sex couples are entitled to be married under the Marriage Act.”

Mr Godwin and Mr DeRoche, represented by lawyer Mark Pettingill, sought an order from the Supreme Court to compel the Registrar to post their marriage banns, in accordance with the Marriage Act. They also want a declaration that same-sex couples are entitled to be married under that law.

When the civil case was heard over three days in January and February, Mr Pettingill urged the court to write the final chapter in the protection of gay rights in Bermuda.

He said the couple’s case encapsulates “the right to happiness, the right of all people to seek love and happiness”. Mr Pettingill added: “The applicants say that religious arguments bear no relevance on civil contractual marriage. This is a matter of statutory interpretation.

“It is time for the courts fully armed with the legal protection of the Human Rights Act to write the final chapter in the protection of the rights of gay people of secular orientation and all the rights that everyone enjoys to be the same.”

But the Government’s lawyer, Deputy Solicitor-General Shakira Dill-Francois, told the court that the Registrar-General could not post marriage banns for gay couples because such unions are null and void under Bermuda’s existing laws

She said that under section 33 of the Marriage Act 1944, it was an offence for the Registrar to authorise a marriage, knowing it was void.

She added the Matrimonial Causes Act 1974, in section 15, clearly set out the grounds on which a marriage was void, including if “the parties are not respectively male and female”.

Adding that the two pieces of legislation had to be read and understood together, Ms Dill-Francois asked: “Why would the Registrar proceed to register a marriage that is, in fact, void?”

Preserve Marriage, which has campaigned to maintain marriage as between a man and a woman, and the Human Rights Commission were allowed to join the proceedings as “interveners”.

Preserve Marriage was represented by lawyer Delroy Duncan, who argued that changing the law on same-sex marriage could open the door for “multiple-partner marriages” on the island.

“We have to ask ourselves whether this legislation is permissive of such marriages or whether or not what you are being asked to do could open the door to multiple-partner marriages,” he said.

Mr Duncan maintained that Parliament must decide on the issue of same-sex marriage “through the ballot box”.

Reacting this morning, Mr Godwin told The Royal Gazette: “I feel a huge sense of relief. It’s been a long road to get to this stage for me and Greg, and for Mark and also for Bermuda.

“It has been a long time coming. This ruling, although it was in our favour ... there is still so much more to do in Bermuda.

“This is a big step in the right direction. I cannot thank my legal team and my supporters enough.”

Lawyer Rod Attride-Stirling, who acted for the Human Rights Commission during the case, said in a prepared statement: “It is a matter of great shame that the legislature did not act in this matter to put the issue beyond doubt.

“It is also a matter of great shame that the Attorney-General fought the case in the manner in which it was fought, ignoring the Bermudian cases on the proper interpretation of the human rights act. This should not have been so.

“I am glad to see that the Bermuda court has followed the courts, first of South Africa, which decided this issue in 2005, and then the United States which followed suit in 2015.

“The message of hate and exclusion has been rejected. Human rights means human rights for all humans. Equally. No one is excluded.

“Gays who want to marry can now do so.

“Bermuda owes a huge debt of gratitude to the two brave young men who brought this action, Winston Godwin and Greg DeRoche. They will always be remembered as heroes of the human rights movement.”

meanwhile more from .....

The Rainbow Alliance has declared today’s landmark gay marriage ruling a victory for all same-gender loving people in Bermuda.

Saluting Winston Godwin and Greg DeRoche for their courage in taking on the Bermuda Government at the risk of being ostracised by the community, the Alliance issued a statement saying “love always wins”.

The organisation also released a comment from Mr Godwin, a Bermudian, and his Canadian fiancé Mr DeRoche, saying they hope the result gives more people courage to speak up or come out.

Earlier today, Puisne Judge Charles Etta-Simmons had delivered a ruling in favour of the couple, who had challenged the Registrar-General’s decision to reject their application to marry in Bermuda.

The Alliance said it was “overwhelmed with joy at the conclusion of today’s historic ruling”.

It continued: “We applaud the landmark decision by Justice Charles Etta-Simmons. Today, history has been made and love has won.

“This ruling is not only a victory for a brave young couple willing to fight for their love, Winston Godwin and his fiance Greg DeRoche, this ruling is a victory for all same-gender loving people in Bermuda.

“In this decision, the courts have affirmed that the love between two consenting adults is worth protecting with law, regardless of gender.

“This outcome ensures that same-gender couples can enjoy the same legal protections as heterosexual spouses do. This outcome preserves the notion that love is the greatest force of all.”

It quoted Mr Godwin and Mr DeRoche as saying: “We appreciate all the positive affirmations and support. This has been a long process, but well worth the fight.

“Hopefully this brings forward hope and courage for those who were/are afraid to speak up or come out. This is a moment we are proud of and will never forget.”

The Alliance release continued: “This outcome could not be possible if it were not for the courageous decision of Winston to take on the government of his home and risk being ostracised by his community for the sake of love.

“We applaud Winston and Greg, the legal team that supported this challenge, and the many campaigners that have over the years fought for increased human rights, dignity, and respect of LGBTQ people.

“There is so much more work to be done, but today, we celebrate that love always wins.”