Same-sex Marriage In The Cayman Islands
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Same-sex Marriage In The Cayman Islands
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the ''Civil Partnership Law, 2020'' on 4 September 2020. Same-sex marriages legally performed in other jurisdictions are recognised as civil partnerships in the Cayman Islands. Background In 2006, the Cayman "People for Referendum" activist group began protesting against LGBT rights and same-sex marriage, after a Netherlands Antilles court ruled that Aruba had to recognise same-sex marriages registered in the Netherlands. The group criticised the judgement, claiming that the British Foreign and Commonwealth Office (FCO) could force legal recognition of same-sex marriages in the Cayman Islands. The Constitution of the Cayman Isla ...
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Parliament Of The Cayman Islands
The Parliament of the Cayman Islands is the unicameral legislature of the British Overseas Territory of the Cayman Islands. It is composed of 21 members; 19 elected members for a four-year term and two members ''ex officio''. The Governor may at any time, by Proclamation, prorogue or dissolve the Parliament. The Governor shall dissolve the Parliament at the expiration of four years from the date when the Parliament first meets after any general election unless it has been sooner dissolved. There shall be a general election at such time within two months after every dissolution of the Parliament as the Governor shall, by Proclamation, appoint. The first meeting of every session of the House shall, by Proclamation, be held on such day as the Governor shall appoint. A session usually consists of four meetings. A Meeting comprises several sittings. In the elections of 8 November 2000, with a turnout of 80% only non-partisans were elected. After the election, conservative members of ...
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Domestic Partnership
A domestic partnership is an intimate relationship between people, usually couples, who live together and share a common domestic life but who are not married (to each other or to anyone else). People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the U.S. states of California, Maine, Nevada, Oregon and Washington use the term "domestic partnership" to mean what other jurisdictions call civil union, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities. Some legislatures have voluntarily established domestic partnership relations by statute inst ...
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Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with child adoption being a common exception. Civil unions have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities. In 1989, Denmark was the first country to legalise civil unions; however, most other developed democracies did not begin establishing them until the 1990s and early 2000s. In Brazil, civil unions were first created for opposite-sex couples in 2002, and then expanded to include same-sex couples in 2011. In the majority of countries that established same-sex civil unions, they have since been either supplemented or replaced by same-sex marriage. Civil unions are viewed by ...
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Anthony Smellie
The Right Honourable Sir Anthony Stafford Smellie is the former Chief Justice of the Cayman Islands. Career Smellie received his LLB from the University of the West Indies in 1975. He was called to the bar in Jamaica, where he served as Clerk of the Courts in Westmoreland from 1976 to 1977. He then worked as Crown Counsel and Assistant Director of Public Prosecution from 1977 to 1983. He was an assistant lecturer at the Norman Manley Law School in Jamaica from 1980 to 1983. He moved to the Cayman Islands in 1983, where he served as Principal Crown Counsel and Solicitor General from 1983 to 1992. Justice Smellie was appointed a Queen's Counsel in 1991. He was acting Attorney General from January to November 1992. In January 1993, he was appointed judge of the Grand Court. He then became the Chief Justice in June 1998. He is a founding member of the Caribbean Financial Action Task Force, representing the Cayman Islands, and he serves as the Mutual Legal Assistance Aut ...
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Oral Argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. Unlike trial court proced ...
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Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ...
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Caymanian General Election, 2017
General elections were held in the Cayman Islands on 24 May 2017. They were the first elections held after electoral reforms approved in a 2012 referendum, which introduced single member constituencies. The People's Progressive Movement remained the largest party, winning seven of the 19 seats. However, independents emerged as the largest group in the Legislative Assembly with nine seats. Results By constituency Government formation Initially, a coalition government between the Progressives, Cayman Democratic Party members and independents was announced. Under the arrangement, Alden McLaughlin would have remained as premier and McKeeva Bush would have become speaker. However, an agreement was later reached between the Cayman Democratic Party and all independent members apart from one to form a “government of national unity” in which McKeeva Bush will take office as Premier. In response, Alden McLaughlin suggested the incoming government would be a "train wreck" and ...
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Referendum
A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy) or advisory (functioning like a large-scale opinion poll). Etymology 'Referendum' is the gerundive form of the Latin language, Latin verb , literally "to carry back" (from the verb , "to bear, bring, carry" plus the inseparable prefix , here meaning "back"Marchant & Charles, Cassell's Latin Dictionary, 1928, p. 469.). As a gerundive is an adjective,A gerundive is a verbal adjective (Kennedy's Shorter Latin Primer, 1962 edition, p. 91.) not a noun, it cannot be used alone in Latin, and must be contained within a context attached to a noun such as , "A proposal which must be carried back to the people". The addition of the verb (3rd person singular, ) to a gerundive, denotes the idea of nece ...
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Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ...
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Recognition Of Same-sex Unions In Italy
Italy has recognised civil unions since 5 June 2016, providing same-sex couples with almost all of the legal protections, benefits and rights of marriage. A bill to this effect was approved by the Senate on 25 February 2016 and by the Chamber of Deputies on 11 May. It was signed into law by President Sergio Mattarella on 20 May, published in the ''Gazzetta Ufficiale'' the next day and took effect on 5 June 2016. The law does not grant same-sex couples joint adoption rights or access to in vitro fertilisation. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these unions varied from place to place. Italy remains one of the last countries in Western Europe not to have legalized same-sex marriage. Polling suggests that a majority of Italians support the legal recognition of same-sex marriage. Civil unions Background In 1986, the Inter-Parliamentary Women's Commu ...
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