Commissioners: “Met The Public Benefit Test”

April 11, 2016

“Having considered the material and following a robust, healthy dialogue, the Commissioners took the decision that, in the round, Preserve Marriage met the public benefit test and should accordingly be granted charitable status,” the Ministry of Home Affairs said today.

The Ministry also said that the “Charities Act 2014 is designed to put the Minister at an arms-length distance for decision-making relating to charities; he can hear appeals when an application is rejected, but the Act does not give him the power to reverse a positive decision.”

Rainbow Alliance Call For Decision To Be Reversed

The Ministry’s comments follow after the Rainbow Alliance of Bermuda condemned the decision, and called upon the Registrar General and/or Minister Fahy to “reverse this decision immediately.”

The group said, “The Rainbow Alliance of Bermuda condemns the decision to grant Preserve Marriage charitable status.

“The Registrar General and Charity Commissioners may have acted unlawfully with this hasty decision. We call upon the Registrar General and/or Minister Fahy to reverse this decision immediately.”

Ministry’s Comments

In response, the Ministry told Bernews, “The decision to approve Preserve Marriage’s charitable status for one year was taken by the Commissioners collectively, having regard to a comprehensive application together with written submissions provided by Preserve Marriage to follow up queries, and with any other material which the Commissioners regard as relevant.

“Having considered the material and following a robust, healthy dialogue, the Commissioners took the decision that, in the round, Preserve Marriage met the public benefit test and should accordingly be granted charitable status.

  • “Furthermore, the commissioners act on an application for a charity which spells out what it plans to do. This isn’t necessarily the same thing that the organization has done thus far. This is why new charities are generally given only a one year approval – this operates as a probationary period for new charities to ensure that they do adhere to their proposed objects and activities.
  • “Any further comment about the particulars of this application would not be appropriate.
  • “The Charities Act 2014 is designed to put the Minister at an arms-length distance for decision-making relating to charities; he can hear appeals when an application is rejected, but the Act does not give him the power to reverse a positive decision. Further appeals of decisions of the Minister can be made to the Supreme Court.‎
  • “Similarly, the Act does not give the Registrar-General such a power.
  • “Finally, in the interests of full disclosure, the Commissioners recently approved OUTBermuda, a charity designed to educate and promote safe spaces for the LGBTQ community. These two decisions were taken contemporaneously.

Walton Brown’s Comments

We also asked MP Walton Brown — who has been on record as supporting equal rights for the LGBTQ community for years — and he said that “we should be careful about challenging any organisation’s legitimate claim for such status merely because one disagrees with their mission.”

In a separate statement, Mr Brown told Bernews, “Preserve Marriage are certainly entitled to apply for and receive charitable status.

“From what I have seen they meet all the required criteria for charitable status and have been duly granted such status. We should be careful about challenging any organisation’s legitimate claim for such status merely because one disagrees with their mission.

“Walking down this road would be an affront to the very democratic values that allow for spirited debate and disagreement on critical issues.”

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Comments (64)

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  1. IslandTeacher says:

    A tough decision but the right one.

    • Onion Juice says:

      African Culture 1
      European culture 0

    • blankman says:

      If this is the “right” decision, please tell us what public benefit Preserve Marriage serves?

      And, given the religious background of the group, why its application wasn’t declined immediately.

      • Its me again says:

        Section 4 (1) b of the chartied act says that a charitable purpose is one that furthers religion…

  2. Your joking says:

    “Any further comment about the particulars of this application would not be appropriate.

    This tells me everything I need to know…”We have made a decision in our best interest, and we won’t explain why..”

    • reddamtibi says:

      First rule of politics – get elected.

      Second rule of politics – get re elected.

  3. Cow Polly says:

    I have a question. If Preserve Marriage were out there preaching that marriage should not be extended to mixed race couples because the bible says so, would they have been granted charitable status? Would they be allowed to discriminate against mixed race couples because its against their religious beliefs and for the public benefit? Just askin’?????

    • What says:

      But they didn’t so your point is…

      • Rocky Noggin says:

        It’s the same thing, duh

      • blankman says:

        Point is simple – they’re “cafeteria Christians” who pick and choose what parts of the bible they’re going to pay attention to.

    • reddamtibi says:

      Didn’t that already happen here? And it was not the bible that dictated that abominable law – it was MEN.

    • Onion Juice says:

      You mean like de Confederate South and de Elite Bermuda Society believe?
      Mmmmmmm

  4. San George says:

    The Bermuda Constitution Order 1968 grants them the right of association in order to protect their interest people. If they had been denied that right the Constitution should be suspended. The government is entrusted with administering the Constitution. They are not our rulers.

    • serengeti says:

      A constitutional right to associate does not mean you have the constitutional right to set up a charity.

      • lowe says:

        Well what do you think the constitution means by association?

        • Zevon says:

          What do you think it means? That absolutely anyone gets charitable status?

    • cat says:

      You mean like the rights of the LGBT community to get married? like those rights?

  5. Weirdos says:

    This place is backwards! You’re going to drive all the liberal progressives to the West Coast where they can thrive being who they were born to be, and live somewhere that isn’t trying to hold them back or lock them up! Apart from segregation this place is stuck in the 1950s.

    Enjoy your political power now you old farts.

    • Paul Revere says:

      send me a list of names, i’ll ensure that their tickets are booked 1st class one way.

      • Weirdos says:

        You should look into the costs of chartering several planes. We’ve already lost many young academics to forced conscription, lack of protection based on sexual orientation, racial distress, lack of economic vision, civil service mismanagement, and a general culture of slow moving anything.

        Enjoy your future Bermuda full of the unintelligent and religious bigots who cannot even look after their own children but want to prevent same-sex couples from loving their own.

        • Onion Juice says:

          San Fransisco and Toronto would be an excellent place for them.

          • Legalgal says:

            You do realise that this constitutes a form of homophobic hate speech. You may think it funny but in this day and age it is as “funny” as shipping people to bantustans because of the colour of their skins.

          • Zevon says:

            Okay, well if you don’t like Pathways you could leave. Detroit might suit you.

      • reddamtibi says:

        exactly…if this place was so bad they’d have left already.

        • Sandgrownan says:

          See closure of Otto Wurz as an example….

        • Toodle-oo says:

          I guess that also applies to all the people who moan continuously about all the so called racism and oppression they face here ?

        • Weirdos says:

          Wrong, it’s obvious they care enough about implications for future Bermuda that they stay and advocate for a more inclusive island, one that does not discriminate based on sexual identity, and one that moves further away from extreme religious zealousness.

  6. Sandgrownan says:

    So, the obvious question is, could I setup a chapter of the KKK and apply for charitable status? I don’t want other people’s so called human rights forced on mE.

    • Anbu says:

      I say we try lol

      • Onion Juice says:

        You are already here, KKK and its ideology is already ingrained and accepted in this white dominated society, like in America, white hate groups ran rampant but when the Black Panthers rose up they eliminated them.
        Know ya History Dreamer.

        • Cow Polly says:

          White dominated society…. who’s the dreamer?

        • Sandgrownan says:

          Race card being played!

        • Ed says:

          Imagine Union juice making a comment where he isn’t moaning about race.

          Unfortunately that’s all you can do, imagine.

    • Um Um Like says:

      Actually I was thinking of a charity called Preserve Slavery.

  7. aceboy says:

    Who are the Commissioners? Names please, so we can actually see who we are talking about.

    • Triangle Drifter says:

      It would be interesting to see just who these commissioners are & what their other affiliations are?

  8. Torian says:

    As a supporter of same sex marriage, this was the right decision. Lord knows we don’t need another reason for ignorants to go marching and rallying again.

    • Onion Juice says:

      You are already here, KKK and its ideology is already ingrained and accepted in this white dominated society, like in America, white hate groups ran rampant but when the Black Panthers rose up they eliminated them.
      Know ya History Dreamer.

      • Torian says:

        Wrong reply I take it?

      • Rhonnda Oliver aka Blue Familiar says:

        Please name one hate group in Bermuda that is focused against the Black population.

        • Ed says:

          Union juice thinks every group is against blacks. The whole world in fact.

        • Onion Juice says:

          De same one that was against Black people in the past, oh I forgot that was then.

  9. Unbelievable says:

    Walton Brown talking about democracy. Nice one.

    • Zevon says:

      Isn’t he the guy that storms Parliament any time things don’t go the way he wants?

  10. serengeti says:

    Why would they have mentioned the “OUTBermuda” decision? Are they telling us that they couldn’t refuse one without refusing the other? Shouldn’t each one be judged on its own merits? What is the point of even mentioning it?

  11. Starting point says:

    Who cares if they have a charity? Almost all charities in Bermuda exist solely from the business community, no business is going to donate money to this organization, any that does will be simply shamed.

    this is 100% true for IB who finance almost all charity work on this island and all the significant local funders such as Gorhams, Brown and Co. etc.

    This ‘charity’ will continue to be a religious outreach mission, ignore them.

    good luck running a charity with no funders and hosting events where the only folks who show up are the same dreamers who think dinosaurs and man chilled together in the park.

    • .am says:

      Weren’t they unable to ask for/receive donations prior to obtaining status because they weren’t a charity?

    • Cow Polly says:

      Unfortunately the funds these guys were receiving was from hate groups in the USA

  12. Starting point says:

    On another note, since Preserve Marriage is now a charity can they continue with their mandate and deal with the immoral single parents on this island please?

    • Rhonnda Oliver aka Blue Familiar says:

      I hope that Preserve Marriage devotes most of their effort and money into things which will actually preserve marriage, like pre-marriage and marriage counselling, parenting classes, talks within the churches to help those who are struggling, or failing completely, in keeping their vows. Perhaps talks at schools to help instill basic family values from the ground up.

      These things should keep them busy enough without focusing on something that won’t negatively impact marriage in the slightest.

  13. paperboy says:

    Clearly a tough decision for anyone involved.

    My understanding from this statement is that Preserve Marriage and a group called OUTBermuda meet the public benefit test as determined by our Charity Commissioners, has been granted charitable status and will be now able to raise and receive funding from Bermuda and potentially overseas through a local 501(c)3.

    Publication of the details of each group presented to our Charity Commissioners by these groups would be helpful and it may allow us to come off the boil.

  14. Just the Tip says:

    Is there somewhere we can go to see how they (preserve marriage ) met the requirements? cause every thing that I have seen of them would lead me to think that should have failed.

  15. Rhonnda Oliver aka Blue Familiar says:

    I wish I could say that I’m surprised by this, but I’m not. Disgusted, disappointed and saddened but not surprised.

  16. shutthemdown says:

    lol @ gays

    You guy/gals only see things your way.

    Any other opinion is not valid.

    some funny s#.t

    • Mike Hind says:

      Seriously? Do you not read ANYTHING people write?
      I mean, you must not, because this has been addressed so many times, it’s insane.

      It’s not opinions. It’s the fact that people like Preserve Marriage think that their opinion should be forced onto others and do so through political pressure, denying citizens of this country equal access to rights and privileges for absolutely no reason.

      And you sit there thinking this is funny?

      What is wrong with you?

  17. Pete says:

    The Oba government has now become a joke and are just biding time until they get taken out sad bunch

    • The Hornet's Nest says:

      The PLP won’t be much better. Gay people have no government on their side. Only oppressors.

  18. Takbir Karriem Sharrieff says:

    All of you people were born out of a male female union,whether it was a one night stand,or a long marriage.None of you were borne out of a same sex union marriage or not.Have some respect for your parents,you ingrates.Trying to act so intelligent when you are so-dumb and ignorant.You need a check up from the neck up.Tip toe through the tulips and gay away quietly.Methinks you protest too much.Peace.

    • Mike Hind says:

      What does that have to do with marriage?

      Nothing.

      You’re just ranting.

    • Disappointment says:

      You say so much and still nothing that is vomited from your mouth or typed is of any consequence, meaning or of any use to society. You feel that the only way to win an argument is to name call and disrespect people. I bet you would not like to be treated in a similar way.