5/3/2018
START DATE
END DATE
6/6/2018
Ferguson v. Attorney General and OutBermuda and Jackson v. Attorney General
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Constitutional Law Human Rights
Hon. Chief Justice Ian Kawaley
Rod Attride-Stirling (ASW Law), Mark Pettingill (Chancery Legal)
The Attorney General?s Chambers
FACTS OF THE CASE:
In 2017, the Supreme Court ruled in Godwin & Deroche v Registrar-General that Bermuda?s ban on same-sex marriage was unconstitutional. However, in 2018, Parliament passed the Domestic Partnership Act (DPA) 2018, which reversed this decision and redefined marriage as between a man and a woman. Ferguson, OutBermuda, and Jackson challenged this law, arguing it violated Section 8 (Freedom of Conscience) and Section 12 (Protection from Discrimination on the Grounds of Creed) of the Bermuda Constitution. The government argued that Parliament had the right to define marriage and that religious beliefs were not affected by the DPA. The Court ruled that the DPA unconstitutionally revoked rights and could not override established protections under the Human Rights Act 1981. The Attorney General?s Chambers Rod Attride-Stirling (ASW Law), Mark Pettingill (Chancery Legal) Provisions of the Domestic Partnership Act 2018 that revoked same-sex marriage rights declared unconstitutional Domestic Partnership Act 2018 struck down Ferguson, OutBermuda, Jackson Whether the revocation of same-sex marriage rights under the Domestic Partnership Act 2018 violated Freedom of Conscience (Section 8) and Protection from Discrimination on the basis of Creed (Section 12) under the Bermuda Constitution Landmark ruling affirming that Parliament cannot legislate in a way that imposes one group's religious beliefs over others and that removing already established same-sex marriage rights was unconstitutional Bermuda Constitution (Sections 8 and 12), Human Rights Act 1981, European Convention on Human Rights (ECHR) Godwin and Deroche v Registrar-General [2017] SC (Bda), R v Chehil [2014] 2 LRC 408 wix:document://v1/ugd/71f0ba_d818897f8e8c44ca80daf40da55aed4e.pdf/Judgment_20Summary-Ferguson-v-A-G-OutBermuda_20and_20Jackson-v-A-G_20_281_29.pdf
SUMMARY:
Whether the revocation of same-sex marriage rights under the Domestic Partnership Act 2018 violated Freedom of Conscience (Section 8) and Protection from Discrimination on the basis of Creed (Section 12) under the Bermuda Constitution
OUTCOMES:
Domestic Partnership Act 2018 struck down
RULED IN FAVOUR OF:
Ferguson, OutBermuda, Jackson
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Ferguson v. Attorney General and OutBermuda and Jackson v. Attorney General
In 2017, the Supreme Court ruled in Godwin & Deroche v Registrar-General that Bermuda?s ban on same-sex marriage was unconstitutional. However, in 2018, Parliament passed the Domestic Partnership Act (DPA) 2018, which reversed this decision and redefined marriage as between a man and a woman. Ferguson, OutBermuda, and Jackson challenged this law, arguing it violated Section 8 (Freedom of Conscience) and Section 12 (Protection from Discrimination on the Grounds of Creed) of the Bermuda Constitution. The government argued that Parliament had the right to define marriage and that religious beliefs were not affected by the DPA. The Court ruled that the DPA unconstitutionally revoked rights and could not override established protections under the Human Rights Act 1981. The Attorney General?s Chambers Rod Attride-Stirling (ASW Law), Mark Pettingill (Chancery Legal) Provisions of the Domestic Partnership Act 2018 that revoked same-sex marriage rights declared unconstitutional Domestic Partnership Act 2018 struck down Ferguson, OutBermuda, Jackson Whether the revocation of same-sex marriage rights under the Domestic Partnership Act 2018 violated Freedom of Conscience (Section 8) and Protection from Discrimination on the basis of Creed (Section 12) under the Bermuda Constitution Landmark ruling affirming that Parliament cannot legislate in a way that imposes one group's religious beliefs over others and that removing already established same-sex marriage rights was unconstitutional Bermuda Constitution (Sections 8 and 12), Human Rights Act 1981, European Convention on Human Rights (ECHR) Godwin and Deroche v Registrar-General [2017] SC (Bda), R v Chehil [2014] 2 LRC 408 wix:document://v1/ugd/71f0ba_d818897f8e8c44ca80daf40da55aed4e.pdf/Judgment_20Summary-Ferguson-v-A-G-OutBermuda_20and_20Jackson-v-A-G_20_281_29.pdf