What are the rights of same-sex couples married overseas?
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?
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
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Category: Ask Auntie, Misc Questions
