GEORGE TOWN, Cayman Islands (CMC) — The Cayman Islands Government today said it would appeal a ruling last week by Chief Justice Anthony Smellie that the definition of marriage as between a man and a woman was unconstitutional and violated multiple rights.

“Mr Speaker, let me say that in appealing the Government is cognisant that there is no guarantee or certainty as to how the Court of Appeal will rule. However, we believe it is critical that the country has the benefit of clarification on these very important constitutional issues,” Premier Alden McLoughlin told legislators.

“I wish to note that I am painfully aware that the issue of same sex marriage is an emotive one in our Islands. I am also very conscious that this is an issue with real people who have real lives and there are emotions and feelings involved and that this is not merely some text book case.

“I and the Government have no intention of causing any harm or hurt to the petitioners but we must ensure that in seeking what they deem protections and rights under the law that a door is not opened that may impinge on other protections and rights,” he said.

Attorney Ben Tonner, who represented the couple – Chantelle Day and Vickie Bodden who had last year applied to get married in the islands but were turned down – said that his clients were “delighted that their relationship has been recognised at long last.

In his ruling, the chief justice ordered that section 2 of the Marriage Law be changed to state that “marriage” means “the union between two people as one another’s spouses.

“This court is bound not to allow the violation of the petitioners’ rights to continue without redress. The constitution, in its mandatory requirement that the law be brought into conformity, must prevail. The petitioners and their daughter are entitled to the indignities to which they have been subjected being put to an immediate end by the court,” the chief justice added.

Governor of this British Overseas Territory, Martyn Roper, in a statement earlier this week, said he recognised there are strongly held and differing views across the islands on the legal ruling on same sex marriage.

“Yet it is important that all our citizens can play an equal and active part in society free from discrimination as set out in our constitution. This judgement provides equal rights for everyone, a point which I and former Governors have previously emphasised.

“At this time I believe it is important that all of us continue to show tolerance and respect to others, particularly when we hold different views. I also believe that our highly respected and independent, judicial system in the Cayman Islands continues to underpin our success. It protects our prosperity, constitution, good governance and our security,” Roper said.