Will Governor Sign Domestic Partnership Bill?
Reprehensible but not unconstitutional, between a rock and a hard place, the Bill will be reluctantly signed into law, hoping that the Bill is rejected by the Governor, and asking why we want to follow directives from a European colonial power, were some of the responses when Bernews asked a number of people on their views on whether the Governor will sign the Domestic Partnership Bill.
The Bill passed in the Senate on December 13th 2017, and requires assent before the policies can be put in place. This is normal procedure for all Bills, and widely seen as a formality, however in this case there has been speculation and discussion about the assent.
There does not appear to be a formal time frame for assenting to Bills, and this week Government House confirmed that the “Governor is continuing to consider” the Bill and is “taking legal advice as appropriate.“
It is apparently not that unusual for the Governor to seek advice from the UK Foreign Office about the compatibility of a Bill with international obligations, as the Governor is obliged to ensure Bills are “consistent” with the UK’s obligations towards “any other state or power or any international organisation.”
The section about assent in the Bermuda Constitution Order states
When a bill is presented to the Governor for assent, he shall signify that he assents or that he withholds assent or that he reserves the bill for the signification of Her Majesty’s pleasure:
Provided that, unless he has been authorised by a Secretary of State to assent thereto, the Governor shall reserve for the signification of Her Majesty’s pleasure any bill which appears to him, acting in his discretion
- [A] to be inconsistent with any obligation of Her Majesty or of Her Majesty’s Government in the United Kingdom towards any other state or power or any international organisation;
- [B] to be likely to prejudice the Royal prerogative;
- [C] to be in any way repugnant to or inconsistent with the provisions of this Constitution;
- [D] to affect any matter for which he is responsible under section 62 of this Constitution; or
- [E] to relate to currency or banking
Section 62, as referenced above in point “D” is the “Governor’s special responsibilities” which states he “shall be responsible for the conduct” of external affairs, defence, internal security and the police.”
In describing Bermuda’s “constitutional status”, the official UK Parliament website states, “Bermuda has a high degree of control over its own affairs. The Premier has complete responsibility for choosing the Cabinet, which must include at least six other members of the legislature, and allocating portfolios.
“The Governor does not attend Cabinet meetings, though he retains responsibility for external affairs, defence, internal security and the police. Unlike most Overseas Territories, where the Governor has certain reserved powers, the UK can only legislate for Bermuda by Act of Parliament, or by Order in Council under an Act of Parliament.”
With the matter of assent still not concluded, we asked a number of people, from across both sides of the campaign, political parties, as well as legal and policy experts, for views on the matter of assent, and the responses we received follow below in full.
The UK Foreign and Commonwealth Office [FCO] has previously issued a statement saying, “The UK Government is a proud supporter of LGBT rights and continues to support same sex marriage.
“While the UK Government is disappointed with the implications of this Bill, this is a matter for the Bermuda Government acting within the terms of the Bermuda Constitution and in accordance with international law.”
Bermuda Government House said, “The Governor is continuing to consider the Domestic Partnership Bill in accordance with section 35 [2] of the Constitution. In considering the Bill he is taking legal advice as appropriate.“
The Bill is “morally bankrupt and reprehensible” but is not “unconstitutional,” said former Minister of Home Affairs and lawyer Michael Fahy, who added that he suspects that it will be signed.
Mr Fahy told Bernews, “The Governor will ultimately take direction from the Foreign Office in respect of what to do. Whilst the bill is certainly morally bankrupt and reprehensible I do not think it is unconstitutional and I suspect, unfortunately, that it will be signed.
“I believe this Bill was in fact brought to force a constitutional crisis and give a reason for the Minister of Home Affairs to restart his long standing campaign for Independence. I have no doubt this is also weighing on the collective minds in the Foreign Office. Nevertheless I do hope that the bill is rejected by the Governor.”
Former Premier Michael Dunkley said, “There has been a great deal of speculation on whether the Governor will sign the Domestic Partnership Bill or not. I will not join in that speculation as I have respect for the role and responsibility of the Governor; especially having worked closely with HE during my time as Premier.
“The Governor will, as he does on any Bill, review it carefully, take advice and then make the appropriate decision. I would assume that the Premier would be aware of the Governor’s intent as it is important that any Premier and Governor always communicate and work together on matters where appropriate. Thus, I would be surprised if the Premier did not have an inclination of the outcome.
“It is disappointing to say the least that the PLP Government has seen fit to pass this Bill. As we have witnessed since the House and Senate debate and approval, media throughout the world have focused on this regressive step.
“It has not cast Bermuda in a good light as a jurisdiction taking rights away from people. The election is over and there is no need for the PLP to make decisions for votes. Now is the time for the PLP Government to govern for all people.”
“OUTBermuda has repeatedly stated that it does not agree with the spirit of the Domestic Partnership Act,” LGBTQ awareness group OUTBermuda told Bernews.
“However, the Act was passed by a democratically elected House of Assembly, and a Senate appointed in accordance with the Constitution. If the Act does not otherwise offend the Constitution we see no reason why the Governor would not assent to it.
“We recognize that in a democracy there will be times that we do not get the policies or legislation we would like. But living in a democracy also affords us the ability to influence both the Government and public to change that. OUTBermuda supports marriage equality, and will continue working towards advancing the rights of all LGBTQ people in Bermuda.”
Pastor Sylvia Hayward-Harris, whose son and partner applied to get married in Bermuda back in 2015, told Bernews, “This is a conflictual issue for me. I totally disagree with any carve-outs from the Human Rights Act, as I think that sets a very dangerous precedent and places all of us at potential risk.
“I am also very aware that this DPA is a stop-gap measure to placate a supposedly majority PLP base while leaving a minority population stuck in separate and unequal status, a status that will hold no weight elsewhere in the world, except for a very small group of locations. It also leaves SS couples married elsewhere prior to the Court ruling in a state of unacceptable limbo with their marriages considered void and invalid on island.
“On the other hand, since I am convinced that the ‘Independence crew’ are on the look-out for any way to further their cause, this issue could be tailor-made for them if the Governor does decide not to sign.
“I think independence would be an extremely grave error for Bermuda at this crucial time, so there is a part of me that hopes he won’t step out of the usual ‘rubber stamp’ mold that Governors have adhered to for the longest while. It’s a rock and a hard place situation.”
Political commentator Cordell Riley said he sees no grounds in which the Governor can abstain from giving assent, and questioned why we “still want to follow directives from a European colonial power.”
Mr Riley told Bernews, “As the Domestic Partnerships Act complies with the directive given by the European Court of Human Rights, that said Court has stated that it holds no authority to change the culture of a country, that the vast majority of the Bermuda voting public in a non-binding referendum indicated that it is not in favour of a major shift in culture and that the British Foreign and Commonwealth Office has recently upheld the centuries-old tradition of non-interference with a colony, in this case, the ‘Bermuda Government acting within the terms of the Bermuda Constitution and in accordance with international law,’ I see no grounds upon which the Governor can safely abstain from giving his assent to the Bill.
“The more perplexing issue stemming from this Bill is why would a country, of which two-thirds of its voters are of African descent would, in 2017, still want to follow directives from a European colonial power?”
Winston Godwin-DeRoche, who along with his husband Greg, filed the legal action that led to last year’s court decision allowing for same sex marriage, said, “I’m hesitant on making a public statement regarding the Governor’s decision, simply because I don’t want to to influence his decision ‘positively’ or ‘negatively’.
“I don’t envy the position he has been placed on him but I suppose it comes with the territory. I hope that he does take his time and I hope he makes and legitimizes the decision he does eventually make on this matter.
“Robert Ehrlich, a US politician once said, ‘Leadership is about doing what you know is right – even when a growing din of voices around you is trying to convince you to accept what you know to be wrong.’ This quote accurately reflects my position and feelings to the issue in an number of ways. ”
Lawyer Mark Diel said, “My view is that the Governor is between a rock and a hard place. In order for him to decline to sign the Bill into law it has to be either repugnant or contrary to the constitution.
“Repugnancy is a very high difficult thing to be able to establish and by its nature can also be very subjective. I suspect the end result will be that the bill will be reluctantly signed into law and the matter will be left to the Bermuda Courts to have to resolve.
Former Cabinet Minister Renee Webb said, “I am on record as supporting both Domestic Partnerships and Same Sex Marriage.
“Consenting adults should have the right to chose who they want for their partner in marriage or otherwise. Equality must prevail in a democracy like Bermuda. No group should be left behind based on the choice of any majority.
“With respect to the Governor, he must follow his conscience. Both the Bermuda Constitution, and the British law on Same Sex Marriage are in his favour in that they give him a choice that only he can make. Hopefully, his conscience will dictate his choice.”
“I expect that the Governor will ratify the will of the Parliament,” Premier David Burt said during our interview last month when asked about speculation on whether the Governor will give assent.
Premier Burt added, “We can understand that different people may have different opinions on this, but the fact is, under the laws of which Bermuda is ascribed to, same-sex marriage is not a human right under the European Convention of Human Rights.”
What I find hypocritical is Mr Riley spouting on about taking directives from “European colonial powers” yet in the same breath, and out the other side of his face, stating that the proposed legislation is I accordance with a directive given by the European Court of Human Right as a way to justify it.
Just goes to show the lengths some people will go to try and reignite the independence debate.
And what’s wrong with reigniting the debate? Either it’s good for Bermuda or bad for Bermuda, but that doesn’t mean that it shouldn’t be debated! Let’s look at the pros and cons, and not fear change just for the sake of change. And if determined not to be a good choice for Bermuda at this time, then so be it! Debate debate debate!
” Let’s look at the pros and cons, and not fear change just for the sake of change.”
Ironic
So why didn’t that happen during OBA meetings/townhalls? Try again…
The oba was to busy worrying about a sail boat race to care about the gay community, thus the very reason when they had the power to help gays they didn’t. Their Premier Dunkley didn’t even show up to vote. Tells you a lot about that group. Just to think I used to be a big supporter.
Yawn, Ya sure you were a big supporter. Sure you were.
Was or Were.
You may be right last election no one supported the OBA.
Your inability to recognize that 40% is NOT ‘nobody’ would no doubt also cause you to fail to see that the ‘nobody’ actually had the best long term interests of Bermuda at heart.
Don’t say a word. Just wait a year or two .
How can you have a debate when one side refuses to defend their position?
He has been on this on the fence/off the fence campaign disguised as unbiased commentary.
He has always been a sublime PLP supporter/sympathiser whilst acting neutral – for instance.
Same is true for his general commentary on any type of perceived injustice – real or not
If you want irony sit through one of his CURE presentations while contemplating that he is a statistition.
It’s good to see that the Governor is not rushing this and seeking legal advice .
Unfortunately , Bermuda is another world and what he should be seeking is ‘political advice’ .
The Governor must sign the bill given that it reflects the majority opinion of the electorate and the Legislature. If we harken back to the UK deliberations related to Buck Burrows and Larry Tacklyn hangings, the precedent for non interference has already been set.
The attempted tying of the Domestic Partnership Bill to the independence debate evidences ‘intellectual dishonesty’.
As stated by Minister Brown, the Bill is a practical (and political) compromise for all views on the matter of same sex marriages in Bermuda.
Unlike Dr. Brown’s midnight ventures I don’t think there was any preconceived hope to make this an independence issue. However, it would be naive to think that it wouldn’t be used as fodder if the governor fails to sign.
Ultimately he will sign. I suspect the wait is a diplomatic signal. About all he’s left with.
I accept that the Domestic Partnership Bill reflects the majority opinion of Parliament. Please state your source for saying that it reflects ” the majority opinion of the electorate”. I do not think you are correct in that statement.
I also accept that the Bill is a Political compromise. But a practical compromise? That is the same rationale that opened restaurants in Bermuda to black people but kept hotels and hotel restaurants closed to black people. Is that really what you are advocating?
Indeed. Most residents were either “No, No” or “Yes, Yes”. Not many vocal “No, Yes” folks out there.
I think it’s less of a practical compromise and more of a pragmatic one. Something to keep the movement going as opposed to quashing it entirely if Furbert’s proposal went ahead. It could be that Brown is looking 5 years ahead, then re-evaluating public sentiment.
Heck, even Preserve Marriage has gone into a state of contemplation. The PLP may have inadvertently buried that pressure group by passing what’s effectively civil union legislation.
“As stated by Minister Brown, the Bill is a practical (and political) compromise for all views on the matter of same sex marriages in Bermuda.”
you must have been very upset when a segment of Bermudas population was allowed to sit anywhere they wanted in a movie theatre.
the whole mess is laughable….very transparent. IF the constitution allows for this embarrassment and the Governor has no choice but to sign this mess then maybe its time for the UK to initiate independence from Bermuda….LOLOLOL
Mr. Riley has no clue what he claims to talk about….he pretends he does but he really doesn’t and it’s laughable!
He will defer to HM The Queen’s Pleasure and that will be the end of the plp’s bid to change the Law.
This takes the bill out of his hands.
Game over plp.
Democracy, which is ascribed to in this country,says that the majority over rules the minority. Homosexual partnerships are now imbued with the legal protections that a heterosexual marriage possesses. It takes care of the original issue that the minority spoke of.
So there has been a meeting of the minds and a conclusion to the legal problems SS couples faced. The ill-advised decision by a judge to deem that the norm of heterosexual marriages unfair and illegal has been corrected. Accept this decision by our brave PLP government.
Bermuda, as little as it is, is showing the world that a nation state can lead and not follow some things larger nation states have deemed the rest should fall in line with.
We, have our own mind and courage to do what the majority feel is right. Everyone wants to tout “democracy”, which by the way is flawed compared to a republic. Nonetheless, a democracy bed has been made, so now one must lie in it.
” Accept this decision by our brave PLP government.”
Brave? LOL
You/they are cowards, bigots, and homophobes.
You disgust me.
Not all homophobes. Some are just to insecure or unwilling to “come out” and say what they truly feel.
cowards…..covered that.
Brave PLP???? A hahahahahahaha! There is NOTHING brave about the PLP. They’re posers, every one of them. In 10 years this island will be in ruins.
But they are not imbued with the legal protections of marriage because this weird discriminating middle ground is not recognised abroad.
“The Governor must sign the bill given that it reflects the majority opinion of the electorate”
you don’t understand democracy.
Google it, have a child explain it to you, and shut your mouth.
First, to be clear, I am against this Bill. But, for Mr. Fahy to say that this Bill is “morally bankrupt and reprehensible” and for Mr. Dunkley to say “It is disappointing to say the least that the PLP Government has seen fit to pass this Bill. As we have witnessed since the House and Senate debate and approval, media throughout the world have focused on this regressive step” is the hight of hypocrisy! This Bill is an almost EXACT clone of the civil union bill the OBA Government introduced in Feb. 2016.
I think the difference is the OBA bill at the time would have advanced the cause for marriage equality, while the PLP bill would have been a ‘downgrade’ since gay people were allowed to marry at the time.
You can try to justify their statements if you like but the truth his that neither party has the moral high ground on this issue. The OBA did nothing but confuse the issue when they were in power.
“I believe this Bill was in fact brought to force a constitutional crisis and give a reason for the Minister of Home Affairs to restart his long standing campaign for Independence.”
I could not agree more, and I believe I said the same thing last month.
Could it have happened if Furbert’s bill was the one that was passed instead? I tend to think we’d be at a similar juncture with regard to governor assent.
“We, have our own mind and courage to do what the majority feel is right.”
Bermuda is a joke. The rest of the first world is laughing in disgust at bermuda, yet you compare yourself to jamaica or iran, pathetic bigots.
Dear Governor, since the change in law allowing SSM, I have not read of any incidents of any heterosexual marriages being negatively impacted or children being abused or schools changing their curriculum. All hysterical claims made by the opposers of SSM. Given that none of this has come to fruition and six SS marriages have taken place and Bermuda has not burst into flames, why should you repeal the law? As with selling liquor on Sundays and allowing Twizzys on the road, all this will die down once it is out of the spotlight. Please don’t be swayed by a majority who ought to know better given their own history.
Let’s start 2018 with some compassion for all people regardless of what they stand for. Isn’t that what a mature society does?
Fahy the OBA government that represented the elite where morally bankrupt and reprehensible but the tactic of these same individuals is to label those who do not go along with their arrogant, supremacist patriarchal agenda something they are not, but that is who they actually are.
As far as the “governor” is concerned he made his views known while he had one foot on British Airways and another on the tarmac.
We are still colonized and not just us but other countries where the majority are of African ancestry Throughout history they have shown us who they are and they have not changed to this day.
The governor is trying to stay within YOUR Constitution.
Anyone who doesn’t want laws that are constitutional should up and leave.
The Governor is staying within the British Constitution and he made his immoral Roman-Greco beliefs known while he had one foot on British Airways and one foot on the tarmac.
Nope. He’s trying to stay within the Bermuda constitution. Which is what you would want if you were a proper Bermudian.
If you want laws signed that are outside YOUR Constitution, that must be because you have immoral religious beliefs. If you don’t want to uphold YOUR Constitution you should up and leave.
and we still don’t realise that the country isn’t ours – we were brought here as chattel and only have false freedom at this time!!
Bermuda is an overseas territory, not a country.
Psst just to let you know ‘we’ are not colonised. The British were the first to live here.
Not exactly….
Guess you want to give that honour to the pigs.
Yes, exactly.
Why not enlighten us with your ‘version’ of fact?
The Governor must sign or have to resign. There will be turmoil if he chooses not to sign. It’s only logical for him to obtain advice to show the minority who advocate for SSM that he tried.
Overall if he wants to keep his cushy job up on the hill it’s in his best interest to abide by what the majority in this country voted for in the referendum.
The majority of those who voted in the referendum voted against civil unions as well as SSM. The majority who voted want neither. This issue is not about what you or I think. It is about affording the same rights to everyone equally. It is only a matter of time before that happens here in Bermuda once and for all.
You do know majority of the countries worldwide SSM is illegal, this includes a few super power European countries and Majority of African and Asian countries. Most European countries where it is legal are former colonial countries.
You love this ‘colonial’ myth don’t you.
Must be interesting going around with such an inferiority complex overshadowing every thought you have.
“You do know majority of the countries worldwide SSM is illegal, this includes a few super power European countries and Majority of African and Asian countries.”
…and bermuda wants to model itself after these third world countries. Pathetic.
Are all Asian and European countries third world countries?
Why can’t some of you guys comprehend simple facts! Majority of countries worldwide do not condone SSM
Could you name one of the countries on this list that you would like to move to if you had to?
Do your own research. Prepare to be shocked by the outcome. But Italy is one. Germany only recently allowed it.
Italy passed a law allowing ssm in May 2016.
So which country that prohibits ssm would you move to? Saudi Arabia? Yemen?
Why mention Germany if they just recently allowed it? Your not helping your argument. And Italy – wrong. Do your own research I heart 411
You missed the point, i’m not asking for the list i’m asking which one you would go live in if bermuda dropped into the sea and you were told you had to go some where else to live excluding all the counties that allow SSM.
” Majority of countries worldwide do not condone SSM”
Prove it, or go back into the closet, tool.
The proof is on Google my Freind!
bdaboy the question is who labelled those countries third world countries. Labels are meant to demonize, dehumanize and degrade a certain group of people.
Exactly!
Now, can you explain why you and your government are so hostile to some people?
As you said, Labels are meant to demonize, dehumanize and degrade a certain group of people….and your government even wants the UK to back them in their discrimination, bigotry and racism.
you’re as disgusting as your government is.
Do you consider Italy a third world country?
No the majority did NOT vote in the Referendum. The Majority stayed home…
Cordell, do you honestly think Bermuda would do well as an Independent Country?
You must be deaf dumb and blind.
Are we supposed to care what cordells opinion is over anyone elses opinion? I certainly don’t.
Governor is stuck between a rock & a hard place. This goes against the laws of the modern world but is OK under the constitution of archaic Bermuda. Guess he did not do any due diligence before accepting a post in the quagmire that is Bermuda.
Maybe he figured out that once Bermudians saw that the country wasn’t plagued by locusts and fire after gay couples got married, they’d not try to muddy the waters up.
The PLP want to keep this non issue going as a smokescreen to keep the sheeple minds away from to real issues crime debt, housing and jobs all on the rise in the wrong direction ….. 5 couples got married Wow big deal move on …. and get married if u want to preserve it lots of folks “living in sin” as I see it
The current administration has some real headwind in respect of local social issues and international pressure that could adversly impact our commercial platform and there are no easy solutions.
I agree keep the attention on a issue that is working its way out–and this affords the time to try to figure something out for the other problems.
I do fear that teh PLP administration doesn’t have a very deep bench of experience. They are certainly not well prepared for the issues that are currently screaming for attention. Not really their fault but they would be sage to take advice and help from those that can provide it.
This is 2018. Same sex couples have a right. Remember there high ranking people who have a partner of the same sex.
Mary there may be lots of folks living in sin but they are not trying to legalize their sin. This is the only sin that people want others to have sympathy for. Wrong is wrong. But it is quite obvious that wrong is now right, good has become evil and ungodliness is now being programmed in the masses mind as godliness and something to be “proud” of.
“Mary there may be lots of folks living in sin but they are not trying to legalize their sin. This is the only sin that people want others to have sympathy for. Wrong is wrong. But it is quite obvious that wrong is now right, good has become evil and ungodliness is now being programmed in the masses mind as godliness and something to be “proud” of.”
Why don’t you just spew your toxic hatred right into the garbage, where you and your hate belong?
The only sin committed here is your post….you’re a pathetic excuse for a human
Sign IT!!!
Don’t sign IT!!!
Make Bermuda Great Again!
The sky hasn’t fallen in, gays are currently married and can continue to do so. The Governor can weigh in on this in a year or so and decide if he wishes to give Royal accent.
Poor governor .. Dealing with Brexit and Bermuda .
If he signs this bill , he just might get Simonized !
If he doesn’t sign the bill , we won’t pay him … He wants to get Paid !
ITS ONLY LOVE
This video is by PAUL LUFTENEGGER
https://www.youtube.com/watch?v=Euo-OfoncV8&feature=share
Paul is married to his Bermudian partner
My name is Paul Luftenegger and I just wanted to reach out to you directly to properly thank you for all the hard work you do and have done for Human Rights and equality in Bermuda and around the world.
I have struggled along with my husband Cori (who is Bermudian) for a number of years due to the Bermuda Government – I have been quite an active advocate globally for this issue for most of my adult life. We were married in Canada in 2006 and as you know Bermuda has been a bit of a struggle for people like us. My work has become much more public as an International Singer/Songwriter/Composer. I write conscious music to inspire and promote global love and kindness around the world. I have been an invited guest to the United Nations and many other venues around the world and my music is being used in School to help children understand the importance of self worth and love. All that said I had to send you a friend request as I am such a huge fan of your hard work and I can’t thank you enough. People like you truly change the world and brighten it up with love and kindness…..and for that I bow in great honor and respect for the love you expand with the love in your heart and soul. God bless you Beautiful Brother!
…was obviously PRO oba’s agenda. That is now late history.
The British Government has stated what is wanted by the current government. Hence, there must be an abidance for that.
Why delay??
Oba has lost power…their own fault!!