HAMILTON, Bermuda (CMC) — An international group of lawyers has called on Bermuda’s Premier David Burt to support a Supreme Court decision to reverse a ban on same-sex marriage in this British Overseas Territory.

The International Bar Association’s Human Rights Institute (IBAHRI) has written to Burt, calling on him to show leadership to Caribbean countries that discriminate against their gay citizens, the Royal Gazette newspaper reported on Wednesday.

It follows a decision by the Bermuda Government to launch an appeal last month against a ruling by former Chief Justice Ian Kawaley that allowed gay marriage.

The IBAHRI also wrote to former British Foreign Secretary Boris Johnson to condemn the UK government’s failure to advise Bermuda’s Governor John Rankin to withhold assent to the Domestic Partnership Act (DPA), which put a block on gay marriage last December.

The letter to Burt, who has so far declined to comment, welcomed the “positive development made by the Bermuda Supreme Court with respect to the human rights of the LGBTQ (lesbian, gay, bisexual, transgender, queer) citizens of Bermuda”.

It stated: “The IBAHRI urges the government of Bermuda to support fully the judgment of the Supreme Court, implement it in good faith, and give leadership to countries of the Caribbean which continue to discriminate against their citizens, contrary to universal human rights on the basis of sexual orientation and gender identity.”

The IBAHRI said the Supreme Court decision is in accordance with the principle of non-discrimination and equality in the International Covenant on Civil and Political Rights (ICCPR).

It added that the United Nations Human Rights Committee has confirmed that differential treatment based on sexual orientation is discriminatory under the ICCPR, and that equality and respect are values protected in the Charter of the Commonwealth.

“Following the decision of the Supreme Court, we respectfully urge that the government of Bermuda adopt a policy of removing all like discrimination against sexual minorities, in both criminal and civil laws, within its own jurisdiction and urging their removal in other countries of the Commonwealth Caribbean.

“With the benefit of the judgment of the Supreme Court of Bermuda, the government of Bermuda should give leadership and example to neighbouring countries in this important area of human rights law and policy,” the letter continued.

The letter was dated June 21, about three weeks before Home Affairs Minister Walton Brown confirmed the government would appeal the court decision. It was signed by IBAHRI chairmen Hans Corell and Michael Kirby.

In its letter, the IBAHRI noted that Governor Rankin signed the DPA bill into law after it was debated in the UK parliament in January.

The IBAHRI has also written a third letter to Commonwealth Secretary-General Patricia Scotland, stating its “deep regret” at its silence over the issue.

The International Bar Association, established in 1947, has a membership of more than 80,000 individual lawyers, and 190 bar associations and law societies, spanning more than 170 countries.

Bermuda became the only country in the world to allow gay marriage and then revoke it after the DPA was passed.

The DPA reversed a Supreme Court ruling from May last year which paved the way for gay couples to marry in Bermuda and on island-registered ships around the world. The legislation came into force on June 1 and revoked the right of same-sex couples to marry and offered them, and heterosexual couples, legally recognised civil unions.

However, Justice Kawaley found the DPA was inconsistent with the constitution, which protects the right to freedom of conscience and outlaws discrimination on the basis of creed.

The Supreme Court decision in May 2017 came in a judgment by Puisne Judge Charles-Etta Simmons after Bermudian Winston Godwin and Greg DeRoche, his Canadian partner, litigated against the Registrar-General for refusing to post their wedding banns.

Despite their landmark victory, Godwin and DeRoche chose to marry in Canada, but there were at least 10 same-sex marriages on the island plus four at sea on Bermuda-flagged ships, the Gazette reported earlier this year.

The Netherlands was the first country to legalize same sex-marriage in 2001.