Premier Andrew Fahie has made it abundantly clear that same sex marriage is not on his government’s agenda and will not be at least for the time being.
The premier issued a comment on the subject following a question which was posed by local media during last Friday’s press conference.
The question stemmed from a current case which is presently before the BVI courts, regarding a local same-sex couple who are attempting to have their marriage fully recognised in the territory.
He said, “I would say right now I don’t see it as something that I would be pushing. But then again there’s a law, there’s a case that’s happening and we have to see what is happening. It’s not one of those things on my agenda at all and it’s no offense to anyone.”
“I know that these things create some stir but at the end of the day I don’t want persons to be wondering what I’m thinking. It’s not one of those things on my agenda,” he added.
Despite religious belief I respect how people live their lives
Premier Fahie also made it clear that while his religious belief is against same-sex marriages, he personally respects the decision of all persons in how they pursue their chosen lifestyle.
He said the prospect of same-sex marriage becoming a reality in the BVI would be dependent on the ruling of this present case, which could act as a precedent for all future similar related cases.
But until such a decision is made, he said the present law on the subject stands.
“I’ve always made it clear that my religious belief doesn’t allow me to move in that direction so I’ll have to see what’s happening about that, but that has always been Andrew A Fahie’s mindset. So with that in mind, obviously there’s some legal challenges but we’ll have to see how that goes. It is nothing against the persons, I want you to understand I don’t ever look down on anyone. We all have our own religious beliefs and stance and that’s one that I personally have. But at the end of the day the law has to take its course and then we’ll see where it goes from there,” Premier Fahie further explained.
Backstory on local case
The couple which are both BVI Islanders filed a Constitutional Motion following a decision by the Registrar General on February 2, 2021, not to issue them with a Marriage License on the basis that the applicants were of the same sex.
The duo is seeking a declaration that the marriage between them which took place in the United Kingdom on July 5, 2011, but with effect from July 28, 2011, is valid under the laws of the BVI.
Another Overseas Territory was also faced with a similar case earlier this year.
In Cayman Islands, the legal battle over the issue of whether same-sex marriage should be legalised was heard before the Privy Council in the UK.
The appellants in Cayman, Chantelle Day and Vickie Bodden-Bush, took their case to the UK’s highest court with the hopes that it would side with Cayman’s Grand Court and make same-sex marriage legal in Cayman.
According to the Cayman Compass, Day and Bodden-Bush were denied a marriage licence in 2018 after their application was rejected on the basis that the Marriage Law defines marriage as “the union between a man and a woman as husband and wife”.
The Compass reported that in March 2019, the Grand Court found in their favour, ruling that preventing same-sex marriage was incompatible with Cayman’s Bill of Rights, as set out in the Constitution, which guarantees the right to private and family life.