What are the rights of same-sex couples married overseas?

| 03/04/2019

Based on the recent legalisation of same-sex marriage in Cayman, I have some questions. If a same-sex couple, which includes a Caymanian, got married overseas, can the non-Caymanian spouse now apply for a Residency and Employment Rights Certificate? And, if both spouses are Caymanian and they were also married overseas, will that now be legally recognised here?

Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: The historic decision by the chief justice to legalise same-sex marriage has certainly created quite a buzz here, understandably so. At the same time, the ruling has generated numerous questions like yours. I will be seeking to answer as many as I can.

Your questions are pretty straightforward, though. I checked with a local lawyer who confirmed that both answers are yes. “The policy of the government of discriminating Caymanians married abroad was wrong not only as a matter of principle — an ex pat with more rights than a Caymanian — but as a matter of law,” the lawyer explained.

Therefore, the non-Caymanian can go ahead and apply for an RERC and Caymanian same-sex couples married overseas will be treated as such here.

See the summary of the judgment in the CNS Library

Send questions to auntie@caymannewsservice.com


Category: Ask Auntie, Misc Questions

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