Governor Gives Assent: Domestic Partnerships
[Updating] The Governor has given assent to the Domestic Partnership Act 2017, Government House has just confirmed, meaning the legislation can now take effect.
In a statement this afternoon [Feb 7], Governor John Rankin said, “After careful consideration in line with my responsibilities under the Constitution, I have today given assent to the Domestic Partnership Act 2017.”
The Domestic Partnerships Act passed in the House of Assembly, and then passed in the Senate and will replace same-sex marriages with a domestic partnership which can be entered into by both same-sex and heterosexual couples.
Once approved in both the House [24-10] and Senate [8-3], the Bill went to the UK-appointed Governor for assent, which is normal procedure and generally seen as a formality, however it was been a topic of speculation in this case since the Bill was passed in December 2017.
The announcement has just been made and we have asked a number of people for comment, including local LGBTQ groups, Preserve Marriage, the OBA and others, and will update as able with reactions.
Minister of Home Affairs Walton Brown
Update 4.30pm: Minister of Home Affairs Walton Brown said “Today I am pleased to learn that His Excellency the Governor Mr. John Rankin CMG has signed into assent the Domestic Partnership Act.
“With the introduction of the Domestic Partnership Act, Bermuda – an associate member of CARICOM – will be amongst the first English-speaking Caribbean islands to introduce and pass a law that provides legal recognition to same-sex couples.
“The Domestic Partnership Act permits any couple [heterosexual or homosexual] to enter into a domestic partnership and gives same-sex couples rights equivalent to those enjoyed by heterosexual married couples; rights that were not guaranteed before the passage of this Act.
“The rights now guaranteed under the Domestic Partnership Act include: the right to inherit in the case of no will, the right to a partner’s pension[s], access to property rights, the right to make medical decisions on behalf of one’s partner and the right to live and work in Bermuda as the domestic partner of a Bermudian.
“While the majority of Bermudians do not agree with same-sex marriage – as evidenced by the referendum – it is the Government’s belief that this Act addresses this position while also complying with the European Courts by ensuring that recognition and protection for same sex couples are put in place.
“The Act is intended to strike a fair balance between two currently irreconcilable groups in Bermuda, by restating that marriage must be between a male and a female while at the same time recognising and protecting the rights of same-sex couples.
“Same-sex couples already married under Bermuda law before the commencement date of this Act will continue to be recognized as being married. Also, any overseas same sex marriages taking place before and during the transitional period will also be capable of recognition as marriages in Bermuda.
“Bermuda will continue to live up to its well-earned reputation as a friendly and welcoming place, where all visitors, including LGBT visitors, will continue to enjoy our beauty, our warm hospitality and inclusive culture.”
Tony Brannon
Update 4.41pm: Tony Brannon, who has been a very prominent activist, said, “I am saddened to hear that Bermuda has just become the 1st country in the world to reverse same sex marriage. The Governor of Bermuda just gave assent to legislation [of discrimination] that has taken away same sex marriage. This is a sad day for Bermuda. The fight goes on.”
British MP Chris Bryant
Update 5.43pm: British Labour MP Chris Bryant — who led a debate in the UK House of Commons on this matter last month — told Bernews, “I am deeply saddened by this reactionary move. It takes away a right. It does add a right. And the UK government has fatally undermined its reputation for advancing equal rights and respecting the decisions of the court. In a hundred years Christians will be as ashamed of this as they are today about slavery.”
Winston & Greg Godwin-DeRoche
Update 5.51pm: Winston Godwin-DeRoche – who along with his now-husband Greg filed the legal challenge which resulted in the Bermuda Supreme Court making same sex marriage legal in May 2017 – said, “Greg and I are deeply saddened to hear that the DPA has been given assent to by the Governor.
“With that said, it did not come as a surprise. The Governor was placed between a rock and a hard place with this poorly planned and rushed bill.
“It’s a sad day for Bermuda, it’s a sad day for human rights. Bermuda has officially become the first country to reverse same-sex marriage.
“To the LGBT community, this is not a defeat. While Greg and I were the face of this case, we represented every single one of you, and helped to give a voice to those that didn’t have one. Because of you, we were able to make a difference in the lives of 8 couples, and that’s something that shouldn’t be understated or forgotten. You are all loved and are worthy of love.
“Walton Brown has repeatedly said, ‘Bermuda isn’t there yet’ [with respect to same sex marriage]. We don’t believe this bill was the solution, but hope that it can be used to continue the momentum.
“As we all know, equality doesn’t happen overnight, it takes time, it takes brave individuals to stand up for what’s right regardless of what society says. Today is far from a loss and we can’t stop here.
“Thank you to everyone that supported us and continues to support us. We wouldn’t have been able to achieve what we have over the last year and a half. It truly is a testament as to what can be achieved by working together.
Mr Godwin-DeRoche ended by quoting Dr Martin Luther King’s famous words: “Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that.”
Lawyer Mark Pettingill
Update 6.26pm: Lawyer Mark Pettingill, a former Attorney-General who represented Winston and Greg Godwin-DeRoche, told Bernews there is a “constitutional position” which “may warrant a legal challenge,” with Mr Pettingill, saying it is “currently under consideration.”
“Obviously we are deeply disappointed by this outcome which many people will regard as a step backwards in human rights,” Mr Pettingill said.
“I do believe it was given due consideration by the Governor given the amount of time that it took in reaching a final decision.
“Having said that I remain of the view that there is a constitutional position which in my assessment may warrant a legal challenge and I can indicate that this is a matter which is currently under consideration.”
International Media Report
Update 8.08pm: The international media is reporting this, an AP report is on websites such as ABC, Fox, Washington Post etc. It appears comments that are being attributed to the Governor may be the ones included in the statement by Minister Brown, as at 7.30pm, we confirmed with Government House that as of that time, the Governor has not made any statement past his initial one which said, in its entirety, “After careful consideration in line with my responsibilities under the Constitution, I have today given assent to the Domestic Partnership Act 2017.”
Update 10.15pm: The international media continue to report on this, with stories now on websites including the Guardian and NBCNews, and some older articles have updated to change the comments previously attributed to the Governor.
U.S Based Human Rights Campaign
Update 10.21pm: The U.S Based Human Rights Campaign — who previously called for the Governor to “veto” the legislation — issued a statement and also posted on social media, where it has over 2,500 comments/share/retweets as of this writing.
“Governor Rankin and the Bermuda Parliament have shamefully made Bermuda the first national territory in the world to repeal marriage equality,” said Ty Cobb, director of HRC Global said.
“This decision strips loving same-sex couples of the right to marry and jeopardizes Bermuda’s international reputation and economy. Despite this deplorable action, the fight for marriage equality in Bermuda will continue until the day when every Bermudian is afforded the right to marry the person they love.”
Wasn’t really expecting that .
I suppose he held his nose while he was signing .
Easier to do that and say it was the will of the people than to start down the road of independence.
Still a terrible injustice however. Shameful.
I wish Bermudians would put the same “it’s a sad day in Bermy routine when a cousin, son, brother or father gets shot”!!!!!!!!!
The voters do not want it! Why in the World do you think the OBA only won by 12 seats!! People may say what they want, but I personally know many OBA voters that switch their vote and voted PLP just for that very reason. The OBA was weak and afraid to make decisions.
Where have you been, so much heartfelt sadness has been expressed for the loss of life.
Role another one Rasta.
Despite all the hype from these SSM shadow bloggers they never stand up for their rights.
Bunch of cowards.
Where is the march in the streets of Hamilton. When Michael Fahy tried to give every person who jump off a plane or ship Bermuda status the people took to the streets in Mass carrying the Bermuda Flag. We haven’t seen nothing from SSM besides umbrellas.
They say SSM is more accepted but people are still hiding in the closets typing on keyboards.
Because they’re civilised and you’re not.
We have jobs and wont put the island at risk by skipping out on the work day. Clearly u are seeing out messages. Also shadow blogger? I dont see your real name lol
Democracy at its best.
What? A majority abusing their position to take away the established equal rights of a minority. Shameful…Walton Brown will be remembered for his heinous act.
Because Bermuda is a society in which they feel ostracized, devalued and shamed for wanting to live their truth. To many, the prospect of being shunned and ridiculed by their families and other members of the only community they have ever known is too scary. This awful piece of discriminatory legislation just reinforces that.
so agree
Real Talk.
“I wish Bermudians would put the same “it’s a sad day in Bermy routine when a cousin, son, brother or father gets shot”!!!!!!!!!”
Why? Did the government pass legislation to make shooting legal?
Why do you shoot each other…and then blame society?
pathetic
Bill stops same-sex marriage
The majority of OBA and PLP did not support SSM.
The OBA tried to wash their hands and allow the Courts to decided instead of what they were Govern to do. The previous Premier Michael Dunkley didn’t even show up to vote.
A House divided parliamentarians voted by 20-10 to pass the Bill that ensures marriage remains as solely between a man and a woman.
How they voted over issue
Voted Yes
Jeanne Atherden (OBA)
Kenneth Bascome (OBA)
Derrick Burgess (PLP)
David Burt (PLP)
Craig Cannonier (OBA)
Rolfe Commissiong (PLP)
Lovitta Foggo (PLP)
Wayne Furbert (PLP)
Dennis Lister (PLP)
Diallo Rabain (PLP)
Bob Richards (OBA)
Sylvan Richards (OBA)
Walter Roban (PLP)
Leah Scott (OBA)
Wayne Scott (OBA)
Lawrence Scott (PLP)
Jamahl Simmons (PLP)
Cole Simons (OBA)
Michael Weeks (PLP)
Kim Wilson (PLP)
Voted No
Walton Brown (PLP)
Shawn Crockwell (IND)
Grant Gibbons (OBA)
Patricia Gordon Pamplin (OBA)
Trevor Moniz (OBA)
Nandi Outerbridge (OBA)
Mark Pettingill (OBA)
Michael Scott (PLP)
Glen Smith (OBA)
Jeff Sousa (OBA)
Abstain
Michael Dunkley (OBA)
Absent
Marc Bean (PLP)
Zane DeSilva (PLP)
• Speaker Randy Horton was absent, meaning Suzann Roberts Holshouser (OBA) was Acting Speaker and did not vote. Susan Jackson (OBA) was Committee Chair and did not vote.
You wasn’t expecting the OBA to loss to the PLP by 12 to 24 but they did.
Thank oba garbage and Dunkley trash for this unintelligent and negative move.
Thanks, Dunkley!!
Will you keep your hands tied??
And the mouth??
You can’t organise a vacation schedule and civil servants dropped the ball hiring.
Burch shoould take the blame.
We had an weak OBA Government that could show NO leadership and was afraid to do what was correct.
Thank you X Premier Dunkely for being a true coward who was afraid to make a decision. You lost the government to the PLP who in this case I don’t support, but is not afraid to make a decision.
You can guarantee he held his nose….
Britain didn’t support EQUALITY – SHAME ON YOU
No, not shame on Britain – they didn’t do this, they felt they had to support ‘the will of the people’.
Shame on the PLP, the people that voted for them, and shame that it came to this.
We really will look back on this in 50 years as poorly as we do segregation, and all the other things we thankfully consigned to the past.
Shame on you BERMUDA.
Jim’s right Tony.
Shame on Bermuda and Her myoptic people. How ironic that the same people who were anti America’s Cup are also anti SSM.
It’s the Bermuda government that is shamed.
Grow up Tony. He’s just doing the will of the people. He isn’t to blame for the decisions us Bermudians make. As far as I can see that non binding referendum said it all. We have more Bermudians against than for SSM & that’s the facts.
How does a non-binding, unanswered referendum say ANYTHING?
By definition, the results are irrelevant.
The right side of History.
Absolutely not. And you know it.
Let the legal challenges begin.
Legal challenges can help you get a good result when there are gaps, ambiguities and conflicts in legislation, but I feel like this is a relatively airtight erosion of our human rights law, sadly.
It’s about time! Thank you for doing you job mr. governor.
In related news, Bermuda successfully undertakes time travel experiment and sends the island hurtling back to the early 20th century, if not earlier.
Coward
Ultimately it was the will of the legally elected government, no matter how backward and regressive.
It would have been nice if the PLP etc had accepted the will of the legally elected government when they were in opposition, but when they’re not winning they basically have no idea how to behave in a civilized way.
What will? What are you talking about the OBA didn’t want man marrying man either. Did you show up on the hill when Bermuda came out in thousands stating NO NO NO to SSM at the Preserve Marriage Demonstration at Parliament, May 25 2017. The voters spoke and both parties listened.
Video taken by Bernews on that day is all the truth you need. Never in history have we seen so many people coming out to say NO!
https://www.youtube.com/watch?v=ZWfWk73aR88
That is a video of an unelected group who refused to accept the will of the legally elected government. A bunch of uncivilized fascists.
Which Government the oba/UBP did nothing for SSM LOLOLOLOLOLOL. Further more neither did the PLP/BIU.
Its the PLP passing laws restricting human rights.
Because nothing needs minding so much as other people’s business.
And family values? all that means is a euphemism for making sure you can hide behind your religious beliefs in order to exclude gay people form the core institutions of society.
it’s not about marriage, let alone God’s word, and never has been. It’s all about how much the very thought that gay people should be able to live their lives so horrifies and frightens you.
You shouted NO, NO, NO at EVERYTHING the OBA tried to do. You couldn’t care less about Bermuda or it’s future, you care only about the PLP and yourself.
That is why Bermuda is screwed.
COWARD
When you call a man a COWARD people would respect you by listing your first and last name name Mr or Mrs?
Cowards hide behind names such as “LONG LIVE.”
or ‘islandgal’
My guess is that the governor was advised that he had no choice in the matter – either sign or risk a constitutional crisis. We all know his personal views on the matter but really he had to sign. I’m sure there are lawyers who will take this on as a matter of de facto discrimination. So it’s a matter of delaying the inevitable really.
My sentiments as well , George .
It’s only a matter of time before it ends up back in court and all the people dancing with glee now might find that they’ll be very disappointed then .
Time will tell .
As was noted by the FCO he had no legal basis not to sign. At least he can say he did his due diligence by seeking guidance from the FCO.
Sad Day for Bermuda………..
Really I am not Proud to be Bermudian
making that decision to leave my home and retire where I can afford and where individuals have full equal rights
Shame on us
The world we see us in a new light
AS OF FEBRUARY 2017 HERE IS A LIST OF GAY MARRIAGE COUNTRIES:
Europe
Belguim (2003)
Denmark (2012)
England / Wales / Scotland (2013)
Finland (including Finish Lapland) (2017)
France (2013)
Greenland (2015)
Iceland (2010)
Ireland (2015)
Luxumberg (2014)
The Netherlands (2000)
Norway (2009)
Portugal(2010)
Slovenia (2017)
Spain (2005)
Sweeden (2009)
Americas
Argentina (2010)
Brazil (2013)
Canada (2005)
Columbia (2016)
*Mexico (2010)
United States of America (2015)
Uruguay (2013)
Australasia
Australia (2017)
New Zealand (2013)
Africa
South Africa (2006)
………………………………………………………………
SAMS SEX CIVIL UNIONS AND REGISTERED PARTNERSHIPS
The recognition of Same Sex Civil Unions are recognised in the following countries:
Europe
Bermuda
Andorra
Austria
Croatia
Cyprus
Czech Republic
Estonia
Germany
Greece
Hungary
Italy
Liechtenstein
Malta
Slovenia
Switzerland
UK (Northern Ireland, Jersey)
Americas
Aruba
Chile
Ecuador
Australasia
Japan (Iga, Naha, Setagaya, Shibuya, Takarazuka)
Taiwan (CG, CH, CS, HH,· KH, NT, TG, TN, · TP, TY, IL)
Instead of thinking you’re clever maybe you should publish what that list looked like 20 years ago .
I notice you have Africa in your list.
Yay, you can Google. Whats your point?
Proves once again, the arrogance, small mindedness and hard-core conservatism of the majority of citizens of this small isolated group of islands
A sad day in Bermuda’s long history of avoiding, delaying and denying diversity and inclusion.
We now have a community vital sign that will send a strong signal from our shores that when our courts go high on issues of diversity our politicians go low.
As a small island nation, we are not to be trusted when it comes to fairness, equity and distributive justice.
Bermuda has officially ranked marriage equality as less than so all will know our diversity and inclusion is subjective, arbitrary and political.
Respice Finem
Well done John, my good buddy!
If you knew the Governor you’d know better.
Thank you Mr Governor! I was just getting ready to bring out my placard for the opening of parliament to ask why is this taking so long.!
Watch and see there will not be a decline of people coming to Bermuda, because we took this stance, in fact because of this decision we will see an increase in tourism …PTL!!!!
Fool. The 600+ comments show otherwise.
https://www.facebook.com/humanrightscampaign/photos/a.10150307206218281.358630.18813753280/10156149947313281/?type=3&theater
1100+ comments – most unfavourable
3200 shares.
Add that to the 500+ comment on #boycottbermuda, it’s not really been a good day has it.
Well, my husband and I just decided that we will cancel our trip to
Bermuda. You obviously don’t need our second class citizen dollars. Let us know when you finally grow up, and stop letting religious conservatives run your domestic policy.
You can always go to Jamaica, Ben and Husband. Opps forgot they don’t want it either.
Fool.
Isn’t it interesting that Jamaica has a huge number of problems, but like so many antigay countries, their problems take a back seat to “get the gays.” I went to Jamaica once, and would not go back.
There are only a few countries in the Caribbean that I would consider going to, and we travel a lot. My rather large extended family agrees, and they travel a lot. Our niece and her husband had told us they wanted to go to Jamaica for their honeymoon. when I told them all about Jamaican homobigotry, they opted for Tahiti instead.
not everyone agrees that attacking gay people is a good thing.
Could have sworn that SSM is NOT a Right..so says the European Human Rights Commision
Incorrect. It WAS a right most of last year. Then this bill happened.
Please stop spreading lies.
We dont attack gays in Bermuda.
Thank you Onion Juice. They call not agreeing, Attacking To different meanings.
As usual you speak of things you know nothing about and attempt to re-write history.
Without trying too hard I can , in my lifetime , recall 3 hate crimes where gays were murdered simply for what they were.
Another lie from Onion Juice.
Yes Ben, it’s precisely why the iconoclast performer Grace Jones left the rigid religiosity of her native Jamaica as a young woman. As both a tax payer and member of our LGBT community, I am sick of all the devisive rhetoric transmitted by our powerful church lobbyists. Not cool. Matters of Church and State should be kept separate.
good for you go to Thailand they have been pillaged i am sure your ssm friends will take your money there and your life.
you lack their of plane ticket wont hurt Jamaica with their millions\years of tourist. and it wont hurt us to because not everything that glitters is gold.
classy…real classy, James.
Jamaica never had it begin with. What a twit. This is not an issue of not having SSM but rather an issue of it being taken away after it was granted.
Ben,
While I can’t speak on behalf of the country, my family and I apologize for this injustice.
In all my life this is the first time I can say I’m not proud to be Bermudian.
What a silly threat. You don’t get to dictate to us how we believe marriage should be constructed. It’s our country and our culture.
This kind of hate and discrimination goes against our culture.
Lol, bye
So freaking what, don’t you have another blog then worry about what Bermuda is doing. I’d be more concerned about the President you voted for BEN!
Political expediency. One of the saddest days in his career. Dark days.
What a sad little country Bermuda has become. The This is one of the reasons why I am leaving for greener pastures.
So where are the greener pastures? Raised to know “The grass is not greener in someone elses backyard.” It just looks that way until you get over there.
The Bible makes clear in Galatians 3:28, Colossians 3:11 and Romans 10:12–13 that in regard to salvation, there is no distinction between male or female or Jew or Greek. In Christ, any separation between people is broken down. As Christians, we are one in Christ and thus have a common purpose—to live for Him who made us. This oneness in Christ is vitally important to understanding marriage.
There is no biblical justification for claiming that people from different so-called “races” (best described as “people groups”) should not marry.
The biblical basis for marriage makes it clear that a Christian should marry only a Christian.
Walton Brown, you know, the guy who used his position of power to take away equal rights from a minority.
Shame on you Brown,.
To Heyy:::
Brown is very bright and articulate. It would appear that another looks at this as ……..
Persevere on, Walton.
Bright and articulate makes his actions even worse.
I am so completely disappointed!
Apparently, the top cares less about the sentiment of the electorate and that one can recall that there are those from BOTH political groups who were not in favour of such!!
HHhhmmm….. tenure ends….??? when???
To all the “No” people I can’t wait for your children and grandchildren to show up in love with a same sex partner.
Bermuda will fight the agenda those groups have placed in the broadcasted movies/ tv shows/cartoons./ and others it will not tear down our morals because we are rooted in the ROCK. hopefully the older fokes show the young fokes how to remain strong
I sat in the Senate the day the bill got passed. Despite all the hype in Media at the time- I was shocked how few people showed up to support the “Equality” cause. (less than I have fingers on my right hand)
Personally I would like to see Equality for all Bermudians. Black, white, gay, straight and all rainbow stripes in between.
I received an education in those few hours sitting in on the session on a lonely weekday afternoon. An afternoon that I expected to see other Bermudians out who were passionate about Equality and the progress of Bermuda.
I quickly learned our parliamentarians aren’t voted in to then decide what they think is Morally correct or wrong. They aren’t Bermudas “Ethical police”.
The independent senators especially highlighted to me what our senators roles are. They sit and debate policy that and try to set laws of the land that represent what the the Majority of Bermudians are asking of them.
To all the bloggers now bashing what has happened. Why weren’t more of you at the referendum to vote for equality?? Why were so many of us supporters who are hooting and hollering now silent when it really mattered at the polls?? Even if that referendum was null and void legally – it held heavy weight in the senate debate and the results were quite lopsided.
I left that “No vote” upset…. But surprisingly most inspired. The fact that the Majority of the politicians in that room were optimistic that we would someday soon see equality in Bermuda was uplifting and positive.
However, as they are dutiful to the “majority” of our voting public….. they acknowledged that that Majority of Bermudians are not “Currently” ready for this and they were bound to vote against it.
Do I support the Domestic Partnership Act- NO
Do I respect the Senate vote and their reasoning. YES (despite not liking it)
The world is changing fast and Bermuda will catch up.
We are not so far behind the rest of the world as the bloggers and headlines may say.
If you care about Bermuda and are a progressive thinker I would say. Stop bashing this and fearing that “Bermuda is so backward and will be an international shame”
Take that pent up energy and use it to — engage with that neighbor 2 houses down that you’ve never said Hi to. Have a chat… ask about their family etc.
We’re too small an island for all the negativity (especially that which is magnified by social media, Comment feeds on RG and bernews).
Small, isolated changes….. if we all do our part can have a ripple effect that can make Bermuda a much Happier, United and Equal country that we would all be proud and excited to be a part of.
AME vs Bermuda results are in.
AME won…Bermuda didn’t.
Second [ or is it third] round to be played soon !!!!!
Hypocritical Church rules Hypocritical Government !!
And I hope those involved will be proud of their legacy!!
Bermuda, as an associate member of Caricom, has a most dubious honour today.
Well done all!!!
What a beautiful day.
“applause 5 times”
Sad day for Bermuda, especially on the heels of such good media exposure from the America’s Cup event.
Many semi-secular governments have been dominated by religious thought, definitions of one religion or another.
Well done! Next, lets work on stopping all those damn women from voting!
#boycottbermuda is a thing.
Rankin, you pathetic little worm.
once again, the “civilized” world takes a step backwards. who the “F” do you think you are, saying that legal marriage between same sex couples is less than ok? I suppose you idiots are Trump supporters also.
BOYCOTT BERMUDA, PASS IT ON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Here’s a thought – get the government out of the marriage business. Get rid of all laws that have anything to do with marriage, including those laws that discriminate for or against married people.
All laws should simply refer to a person without any qualifiers. Any law with a qualifier such as married, gay, female, an age specification, etc should become null and void.
This here is someone who doesn’t understand what marriage is…
Thank the Lord all that evilness is over with. Hopefully this will save some otherwise forever lost souls.
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