EDITOR, The Tribune
In a letter published in last Friday’s Tribune, it was questioned whether same-sex marriage is legally possible in The Bahamas. Reference was made to the Marriage Act. It was pointed out that this Act does not define marriage at all, much less does it define marriage as a union that can only be lawfully entered into between a man and a woman.
Unfortunately, your correspondent was looking at the wrong Act. It is not the Marriage Act but rather the Matrimonial Causes Act (Chapter 125, Statute Laws of The Bahamas) that is in point here. Section 21 (1) (c) of this latter Act says that “a marriage shall be void” if “the parties are not respectively male and female”.
So, in answer to the question that was raised, same-sex marriage is not legally possible in The Bahamas. It is unlawful.
It is as well to add that same-sex marriage will still be unlawful in The Bahamas whether Bill number 4 is approved or rejected in the forthcoming Constitutional referendum.
SEAN MCWEENEY QC
Chairman, The Constitutional Commission
April 10, 2016.
Comments
Sickened 8 years, 1 month ago
It may be unlawful now but, if we change the constitution (bill number 4), it will be unlawful to make same sex marriage unlawful. This same sex marriage will be allowed.
If we vote in favor of bill number 4 and the constitution is then amended accordingly, my view is as follows: if a woman wants to marry a woman and it is unlawful under any law in The Bahamas, it would be reasonably argued that the constitution clearly states that a person cannot be discriminated against based on their sex. Therefore, if a man can marry a woman then our constitution would now say that a woman may also marry a woman. Therefore, our laws would HAVE to be changed to allow for a woman or man to marry whomever they want.
Publius 8 years, 1 month ago
You are incorrect. Read the article of the Constitution (26) which Bill 4 proposed to amend. Start with Article 15, which is where our entrenched rights and protections begin and is the umbrella article for Article 26
Sickened 8 years, 1 month ago
Thanks. I just read it and agree with you.
I also see that there are still quite a few areas that need to be amended.
sheeprunner12 8 years, 1 month ago
Sean McWeeny seems to be able to read the minds of every potential Privy Council member out there who may be faced with a future case challenging our Constitution on the grounds of discrimination based on "sex" as defined by international law ........... if they can stop us from enforcing the death penalty (based on international criteria), what makes McWeeny believe they wont overturn our myopic view of "sex"????? ........... he is delusional as well
Well_mudda_take_sic 8 years, 1 month ago
Sean McWeeny is about as detestable as they come. He knows full well why the PLP government has persistently refused to change the proposed amendments to our constitution so that same-sex marriages would be prevented consistent with the wishes of the vast majority of Bahamian voters. I will be voting an emphatic "NO!" to three of the four changes in an effort to prevent same-sex marriages and also prevent our country from being over ridden by illegal immigrants and foreigners who would be made legal by the proposed amendments.
Publius 8 years, 1 month ago
Two of the four amendments have nothing to do with illegal immigrants or foreigners - it is to do with the children of Bahamian women and Bahamian men - Bills 1 and 3 respectively.
And no re-wording of Bill #4 prevents Parliament from legislating same sex marriage if it so chooses. But because most Bahamians have never even read their Constitution, it is next to impossible to have an intelligent dialog about the same.
Reality_Check 8 years, 1 month ago
Mudda_take_sic is right and I'm an expert on our country's Constitution with 'Sir' before my name and 'QC' after it, not that that means much anymore these days.
sheeprunner12 8 years, 1 month ago
I still need an answer to this question: If Bahamians vote NO to Question 4 ........ does that kill the other Bills?????? The QC should answer that question ........... smt
Publius 8 years, 1 month ago
No it does not.
sheeprunner12 8 years, 1 month ago
Well it seems to me that The Bahamian collective mindset more closely reflects fundamentalist Taliban/ISIS philosophies cloaked in Western Christian dogma ........... we share that in common with them based on our views on women's place in society as enshrined in Pindling's 1973 Constitution .............. I rest my case on this topic .... cheeers
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