OBA accused of trying to evade ‘controversy’
The Bermuda Government has been accused of a blatantly inconsistent approach to tackling two separate human rights issues: same-sex marriage and immigration reform.
The Centre for Justice claimed that while the country’s leaders were willing to push ahead with their Pathways to Status initiative “without engaging in effective consultation”, they were planning to use a referendum on marriage equality and civil unions to “skirt issues of controversy”.
Meanwhile, this newspaper understands that the One Bermuda Alliance’s parliamentary caucus is split on the issue of same-sex marriage, with a small vocal faction in favour and an equally vocal group opposed. One party source told The Royal Gazette yesterday that the Premier’s announcement on Monday of a referendum, hot on the heels of two proposed pieces of legislation on marriage and civil unions, was an attempt to appease all sides, both within his party and among the electorate.
“We are absolutely trying to do everything and please everybody,” said the source. “That’s what this is about.”
A second source from outside the party said: “I suspect, like a lot of people on the outside, they are divided on the issue and [the Premier] is having to try to straddle two very strong camps: pro, like [backbencher] Mark Pettingill, and anti, like [Junior Minister of Home Affairs] Sylvan Richards, which feature some strong personalities.”
Michael Dunkley told the House of Assembly on Monday that a referendum would be held on same-sex marriage and civil unions, less than three weeks after Attorney-General Trevor Moniz said a referendum was not appropriate.
The Premier’s announcement followed the tabling that day in Parliament for “consultation only” of a draft piece of legislation called the Civil Union Act 2016. If approved, that Act would allow same-sex couples to have civil partnerships.
Two weeks ago, Patricia Gordon-Pamplin, the Minister of Community, Culture and Sport, tabled a separate piece of legislation called the Matrimonial Causes Amendment Act.
If passed, it would mean the Human Rights Act no longer had supremacy over a specific section of the Matrimonial Causes Act, which restricts marriages to heterosexual couples. It would allow discrimination on the basis of sexual orientation in relation to marriage.
The first source claimed that the Matrimonial Causes Amendment Act was now likely to be shelved, in light of the referendum and the civil union legislation.
The source said OBA members in support of same-sex marriage would vote in favour of the civil union legislation but would not support the amendment to the Matrimonial Causes Act.
The Premier, claimed the source, was likely to let that bill fall off the order paper, rather than risk it failing in the House.
“[The Premier] came out and said, ‘We as a party don’t support gay marriage’,” the source said. “Obviously, everybody doesn’t feel that way because it’s just divided.”
The Centre for Justice spoke out against a referendum on marriage equality on February 18, before the Premier’s announcement.
The civil liberties organisation said: “The Government has on one hand sought to push ahead with immigration reform (which engages issues of fundamental rights and Bermuda’s international legal obligations), without engaging in effective consultation, at the same time that members of the Government have freely advocated for marital equality, or the question of the acceptability of civil unions, (which also engages issues of fundamental rights and Bermuda’s international legal obligations), to be made the subject of a popular vote. This inconsistency is blatant and ought to be explained.
“If the Government is genuinely concerned about ‘doing the right thing’ and ensuring Bermuda meets international legal standards, it will not hold a referendum on the issue of marital equality or civil unions.”
Venous Memari, the centre’s executive director, told this newspaper yesterday: “[Attorney-General] Trevor Moniz said on television that when it came to Bermudian status, this Government was democratically elected and it was its right and duty to formulate policy and forward that, especially when it comes to human rights issues.
“I’m sorry, you can’t suck and blow at the same time. My position is very, very simple. The majority should not determine the rights of a minority in a democracy.
“That’s the role of government: to take whatever step is necessary in a civilised society to make sure that the rights of its minorities are protected.”
Ten year timeline
May 26, 2006: Progressive Labour Party MP Renee Webb’s bill to ban discrimination based on sexual orientation is kicked out of Parliament, after only one other member speaks out on it during a debate.
April 2007: The campaign group Two Words and A Comma is launched to push for an amendment to the Human Rights Act to outlaw discrimination based on sexual orientation.
April 2012: Michael Dunkley, then an Opposition senator, tells a newspaper columnist: “I do not support same-sex marriages. Marriage to me is a union between a man and a woman.”
July 13, 2012: Families Minister Glenn Blakeney tells the House of Assembly that homosexuals deserve protection against discrimination but that government has no intention of allowing same sex marriage, during debate on a proposed Equality Act.
August 25, 2012: Anglican Bishop Patrick White says he favours amending the HRC Act for the protection of gays and lesbians, adding: “The fear is that this will lead then to same-sex marriages ... I think we’re a long way away from that happening in Bermuda.”
June 14, 2013: Parliament passes landmark legislation prohibiting sexual orientation discrimination, following a nine-hour debate. Community Development Minister Wayne Scott, presenting the bill, says the change is not aimed at paving the way for same-sex marriage. “To be clear, this [One Bermuda Alliance] government considers marriage to be between a man and a woman only,” he says.
July 11, 2013: Opposition leader Marc Bean says homosexuality is a choice and the purpose of gay marriage is to turn “civilisation upside down”. It would, he claims, further the ongoing destruction of and attack on the family unit.
February 3, 2015: The Supreme Court rules that unmarried same-sex couples can apply to jointly adopt children.
April 2015: Campaigner Tony Brannon launches an online petition calling for same-sex marriage to be allowed, gaining the support of Human Rights Commission chairman Michael Hanson. Asked to comment, Attorney General Trevor Moniz says: “You would take an opinion poll if you are going to be governed by opinion and you poll the whole community. You have to decide whether it is a matter that will be governed by an opinion poll or is it a matter of principal.”
May 21, 2015: Mr Brannon presents his petition, signed by almost 2,500 people, to Community Minister Patricia Gordon-Pamplin. The petition on change.org has 3,600 signatures to date.
September 2015: The Ministry of Community, Culture and Sports announces a series of public information sessions on same-sex marriages in response to the petition.
October 2015: A group calling itself Preserve Marriage launches an online petition on its own website against same-sex marriage, gathering 9,000+ signatures to date.
November 2015: The Supreme Court rules that those in same-sex partnerships with Bermudians should have the same rights to reside and seek employment as spouses of Bermudians. The landmark case was brought by the Bermuda Bred Company, a group of same-sex couples.
February 4, 2016: Preserve Marriage calls for a referendum on same-sex marriage and declares itself against civil unions.
February 9, 2016: Demonstrators for and against marriage equality fill the grounds of Cabinet at a peaceful rally.
February 11: AG Mr Moniz tells a public meeting that a referendum on the issue of same-sex marriage is not appropriate. He reveals that civil union legislation will be tabled, along with an amendment to the Matrimonial Causes Amendment Act, which will outlaw same-sex marriage.
February 12: The amendment is tabled and gets its first reading in the House of Assembly. Junior Home Affairs Minister Sylvan Richards announces plans, later abandoned, to bring a private member’s bill proposing a referendum on same-sex marriage. PLP MP Michael Weeks says he’ll bring a notice calling for a referendum on the lawfulness of same-sex civil unions. And PLP member Wayne Furbert proposes a bill to amend the existing Human Rights Act with a clause defining marriage as restricted to opposite-sex couples.
February 29: Mr Dunkley announces there will be a referendum on the issue of same-sex marriage this legislative session. He says: “This government is of the view that marriage is a union between a man and a woman.” Ms Gordon-Pamplin tables legislation to introduce civil unions for same-sex couples. The Bermuda Bred ruling comes into effect.
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