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Furbert fights on with marriage Bill

Wayne Furbert (File photograph)

A Bill that would solidify marriage as being between a man and a woman has been brought back to the House of Assembly for a second time.

Progressive Labour Party MP Wayne Furbert has reintroduced the Human Rights Amendment Act as a Private Member’s Bill, telling The Royal Gazette that there were still legislative options on the table.

The move comes after Justice Charles-Etta Simmons ruled in favour of Bermudian Winston Godwin and his Canadian fiancé, Greg DeRoche, who had fought for equal rights after the Registrar-General rejected their application to marry on the

island.

“The system has not exhausted itself legislatively,” Mr Furbert said. He added that in her ruling, Mrs Justice Simmons “chastised Parliament for abrogating its responsibility”.

And he said that while he “does not have the confidence” that the Bill will pass this time around, he felt it was his duty to fight for it in Parliament.

Mr Furbert said many of his constituents had approached him about this. “Here is a Government that could appeal it, but hasn’t,” he added.

“If Mark Pettingill had lost in the Supreme Court he would gone to the next stage,” he said. He added that this would have involved the Court of Appeal and ultimately the Privy Council.

Speaking during the morning question session, Minister of Home Affairs Patricia Gordon-Pamplin said legal amendments to be drafted in light of the ruling were under discussion.

But Ms Gordon-Pamplin deferred when asked whether marriages conducted before the amendments would be legal, saying she would await answers from the Attorney-General.

Although independent MP Mark Pettingill said the ruling set out “very, very clearly what the position was in law — it should have taken five minutes for the AG’s chambers to advise”, Mr Furbert said there was still confusion. He added: “We still don’t know where it is legally.”

The same amendments, which were rejected by the Senate last year after winning approval from the House of Assembly, would state that nothing in the Human Rights Act would override the provisions in the Matrimonial Causes Act 1974, which stipulates that marriages that are not between a man and a woman are void.

The Bill was brought before the House of Assembly last year and was passed by 20 to ten on July 8. However, it was then defeated six-to-five in the Senate.

After Mr Furbert introduced the Bill today, he was told by Mr Horton that it could not go ahead until at least July 8.

Mr Furbert explained that a year had to elapse before the Act could be brought again once it was defeated.