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| Boris Johnson has put politics above principle in Bermuda | Boris Johnson has put politics above principle in Bermuda |
| (about 2 hours later) | |
| One of the brightest legacies of David Cameron and George Osborne is that LGBT issues became non-party. They ceased to be political, and LGBT equality was recognised as the fundamental human rights issue it is. Cameron bestowed a real gift on the world when he stood firm in his support for, and commitment to, equal marriage. | One of the brightest legacies of David Cameron and George Osborne is that LGBT issues became non-party. They ceased to be political, and LGBT equality was recognised as the fundamental human rights issue it is. Cameron bestowed a real gift on the world when he stood firm in his support for, and commitment to, equal marriage. |
| It therefore feels inconceivable that just five years after the passing of that momentous legislation that confirmed our equality, the current Conservative government has sanctioned the removal of equal marriage in Bermuda. Last summer the Bermudian courts recognised that the constitutional requirement for equality mandated marriage for all. That court relied solely on Bermudian jurisprudence to reach its decision, but its reasoning was the same as that of the US supreme court, which also found that equality means you cannot deny people the right to marry simply because of the sex of their partner. | It therefore feels inconceivable that just five years after the passing of that momentous legislation that confirmed our equality, the current Conservative government has sanctioned the removal of equal marriage in Bermuda. Last summer the Bermudian courts recognised that the constitutional requirement for equality mandated marriage for all. That court relied solely on Bermudian jurisprudence to reach its decision, but its reasoning was the same as that of the US supreme court, which also found that equality means you cannot deny people the right to marry simply because of the sex of their partner. |
| Leaders such as Cameron and Osborne stand out. They provided leadership | Leaders such as Cameron and Osborne stand out. They provided leadership |
| Since then, the Bermudian authorities have taken it upon themselves to pass legislation in effect overturning that court decision, replacing marriage with civil partnerships. And this is where the British government comes in. Bermuda is one of the overseas territories (OTs) of the United Kingdom. Its people are UK citizens. The United Kingdom is responsible for its good governance, and the governor of the island is ultimately responsible to the foreign secretary in London. The governor, on the instructions of the Foreign Office, has just signed that legislation into law, denying same-sex couples the right to marry. Those gay or lesbian couples who have married since the court ruling will have their marriages commuted. They are now no longer married, but civilly partnered. This is the first time anywhere in the world that equal marriage has been overturned in this way. | Since then, the Bermudian authorities have taken it upon themselves to pass legislation in effect overturning that court decision, replacing marriage with civil partnerships. And this is where the British government comes in. Bermuda is one of the overseas territories (OTs) of the United Kingdom. Its people are UK citizens. The United Kingdom is responsible for its good governance, and the governor of the island is ultimately responsible to the foreign secretary in London. The governor, on the instructions of the Foreign Office, has just signed that legislation into law, denying same-sex couples the right to marry. Those gay or lesbian couples who have married since the court ruling will have their marriages commuted. They are now no longer married, but civilly partnered. This is the first time anywhere in the world that equal marriage has been overturned in this way. |
| Does marriage matter? Aren’t civil partnerships enough? To answer the question, we just need to look around us in England, Wales and Scotland to see why Cameron was right to stand up to his party and insist that all should have access to the institution that he treasured. It is interesting: Tony Blair’s government pushed though equality legislation, but it was Cameron’s marriage law that made all the difference. | Does marriage matter? Aren’t civil partnerships enough? To answer the question, we just need to look around us in England, Wales and Scotland to see why Cameron was right to stand up to his party and insist that all should have access to the institution that he treasured. It is interesting: Tony Blair’s government pushed though equality legislation, but it was Cameron’s marriage law that made all the difference. |
| Theresa May has proudly asserted that all UK citizens should have the right to marry. You could almost feel her pain that she had no jurisdiction over those in Northern Ireland who still can’t marry the loves of their lives if they are gay or lesbian. But the UK does have authority over Bermuda, as with all the other OTs, from the Falklands to Saint Helena, the Virgin Islands to Turks and Caicos. It was the UK, for instance, that demanded they decriminalise homosexuality. It was the UK that took away the death penalty. Both acts were vociferously resisted by the local communities. Of course, Boris Johnson is not homophobic, even if he still thinks the occasional “ribbing” is OK. Neither is Sir Alan Duncan, the minister of state for Europe and the Americas, but in this instance, they have both put the politics of Bermuda above principle. | Theresa May has proudly asserted that all UK citizens should have the right to marry. You could almost feel her pain that she had no jurisdiction over those in Northern Ireland who still can’t marry the loves of their lives if they are gay or lesbian. But the UK does have authority over Bermuda, as with all the other OTs, from the Falklands to Saint Helena, the Virgin Islands to Turks and Caicos. It was the UK, for instance, that demanded they decriminalise homosexuality. It was the UK that took away the death penalty. Both acts were vociferously resisted by the local communities. Of course, Boris Johnson is not homophobic, even if he still thinks the occasional “ribbing” is OK. Neither is Sir Alan Duncan, the minister of state for Europe and the Americas, but in this instance, they have both put the politics of Bermuda above principle. |
| No one said that LGBT equality would be easy. Politicians all over Bermuda are demanding an end to equal marriage. They even held a non-binding referendum that rejected same-sex marriage. That is why leaders such as Cameron and Osborne stand out. They risked popularity for principle. They provided leadership. Would Cameron’s government, with William Hague as his foreign secretary, have reached the same conclusion as May and Johnson? Unlikely. And there is a genuine concern that equality is to be sacrificed at the altar of referendums. If that is the case, the consequences for the future are daunting. | |
| Perhaps, therefore, something more is revealed by this nasty incident. Not only will it leave the Bermudian LGBT community devastated, it also exposes something about Conservatism in the run-up to Brexit where equality becomes just one of many considerations to be taken into account, and sod the human consequences. Where does this leave the consensus at Westminster in relation to LGBT rights? Perhaps there is less belief in the universality of LGBT equality than we had hoped. | Perhaps, therefore, something more is revealed by this nasty incident. Not only will it leave the Bermudian LGBT community devastated, it also exposes something about Conservatism in the run-up to Brexit where equality becomes just one of many considerations to be taken into account, and sod the human consequences. Where does this leave the consensus at Westminster in relation to LGBT rights? Perhaps there is less belief in the universality of LGBT equality than we had hoped. |
| • Jonathan Cooper OBE is a lawyer and human rights specialist | • Jonathan Cooper OBE is a lawyer and human rights specialist |