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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 Islands, ...
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Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Same-sex marriage in Mexico, Mexico, constituting some 1.35 billion people (17% of the world's population). In Same-sex marriage in Andorra, Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. ...
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Alden McLaughlin
Sir Alden McNee McLaughlin Jr. (born 6 September 1961) is a Caymanian politician, former Premier of the Cayman Islands. McLaughlin previously served as leader of the People's Progressive Movement party from February 2011 – March 2021. McLaughlin is the elected member for the Red Bay Constituency in George Town, currently serving his sixth term in the Parliament of the Cayman Islands. He has been an elected representative in the Parliament of the Cayman Islands continuously since 2000. Early life and education McLaughlin was born and raised in George Town, Cayman Islands, where he received his early education. He joined the Civil Service in July 1981 as Assistant Labour Officer. He transferred to the Judicial Department, where he was appointed Deputy Clerk of the Court in 1982. McLaughlin graduated from the University of Liverpool in 1988 with a Bachelor of Laws degree and received a practice certificate from the Cayman Islands Law School. He was called to the bar the same y ...
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Governor Of The Cayman Islands
The Governor of the Cayman Islands is the representative of the British monarch in the United Kingdom's overseas territory of the Cayman Islands. The Governor, a civil servant who has in modern times typically been a British subject normally resident in the United Kingdom, is appointed by the monarch from the staff of the Foreign, Commonwealth and Development Office on the advice of the British government. The role of the Governor is to act as the de facto head of state, and is responsible for appointing the Premier, who is the leader of the party with a majority of seats in the Legislature. The Governorship is held by Martyn Roper since October 2018. The Governor has his own flag, the Union Flag defaced with the territory's coat of arms. The official residence of the Governor is Government House in Seven Mile Beach, Grand Cayman. History Until 1962, the Cayman Islands were administered as a dependency of Jamaica. When Jamaica gained independence, the Islands were split and be ...
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Legislative Assembly 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 a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive 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 instead of being ordered to do s ...
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Civil Union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself. Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalise civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex couples, in a number of c ...
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Anthony Smellie
Sir Anthony Stafford Smellie is the 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 Authority under the United States/Cay ...
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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 appeal court. Unlike trial court procedure, wh ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the 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 in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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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 th ...
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Referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a new policy or specific law, or the referendum may be only advisory. In some countries, it is synonymous with or commonly known by other names including plebiscite, votation, popular consultation, ballot question, ballot measure, or proposition. Some definitions of 'plebiscite' suggest it is a type of vote to change the constitution or government of a country. The word, 'referendum' is often a catchall, used for both legislative referrals and initiatives. Etymology 'Referendum' is the gerundive form of the 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 gerundiv ...
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Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from 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 territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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