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Will Marriage Act be void?

EDITOR, The Tribune.

We are being told that if question #4 of the referendum passes the word “sex” will be added to Article 26 of the Constitution and that this will not permit same sex marriages because the Marriage Act only permits marriage between a man and a woman.

The Constitution states that it is the supreme law of the land and that any law inconsistent with it is void.

Does it follow then that if the constitution is amended as question #4 seeks to do that provision in the Marriage Act becomes void because it is inconsistent with the constitution?

SOLOMON

Nassau,

August 13, 2014

Comments

ADubbs 9 years, 8 months ago

No, it doesn't. Read Article 26 of the Constitution. You will see that there are exceptions. Marriage laws are exempt from Article 26. This gives legislation ability to discriminate on specific grounds. See Article 26(4)(c).

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