Same-sex marriage approved for St Helena: opponent calls for society to embrace the result

Marriage between same-sex couples has been approved by St Helena’s legislative council by nine votes to two – meaning weddings could take place within weeks.

Rainbow island graphic by John Turner

Rainbow island graphic by John Turner

The Honourable Cyril Leo warned of a “deep divide” on the island and said he feared a negative reaction from “homophobic elements” in society.

But he said people should embrace the outcome of democratic debate. Councillors should “make love our greatest quest,” he said.

The Hon. Kylie Hercules, supporting the Marriage Bill, said: “We are dealing with people’s lives and emotions.”

And the Hon. Christine Scipio-o’Dean said: “We cannot discriminate. We must not, and we must strive to ensure equality.”

The Hon. Anthony Green explained that an attempt to present the same bill to the previous legislative council in 2016 had faltered.

A legal challenge to the existing marriage law – passed in 1851 – was due to be heard in the Supreme Court in January 2018 and could be appealed all the way to the Privy Council in London – a process that could take years.

“This law is silent on whether marriage between two persons of the same gender is permissible,” he said.

Barristers from the UK were on standby to represent various parties.

He said that denying same-sex couples the same marriage rights as other people would breach their human rights under the St Helena Constitution.

Cyril Leo and Brian Isaac were the only councillors to vote against the bill becoming law. Dr Corinda Essex abstained.

She said she knew her view would be controversial. “I have no objection to same-sex relationships and indeed I respect them,” she said. “I know a number of people who have entered into them. I am no way homophobic in any respect.

“However I believe that can be achieved through civil partnership.”

She added: “I believe very strongly that marriage was ordained not just in the Christian faith but in all the [main] faiths of the world… [as being] between a man and a woman.”

But she said the public had now had a proper chance to express their views and understand the issue – referring to a series of consultation meetings, and two petitions for and against same-sex marriage.

She said: “The number signing the two petitions was very similar. I had a lot of people lobbying me and saying we have serious concerns about this bill being passed. I do agree that the rights of minorities are important.

“But let us not deceive ourselves that the decision we make is going to be popular whichever way it goes because it is still an extremely emotive and sensitive topic on the island.

“We do need to be aware that worldwide, attitudes are changing and moving forward and we need to be more open minded. … and put our personal views aside and consider the bigger picture.

“As a result of that I will not be opposing the bill.”

The Hon. Brian Isaac said there other issues that caused distress to people on the island and deserved to be given higher priority.

The European Court of Human Rights had already declared that civil unions fully protected the rights of same-sex couples so there was no need for same-sex marriage, he said.

And he pointed out that members of the parliament on Bermuda, another UK overseas territory, had just voted to rescind a law allowing same-sex marriage. St Helena should look to the reasons they had done that, he said.

The Hon. Cruyff Buckley said he was a Christian but supported a change in the law. “This bill ushers in a new level of respect for minority groups,” he said.

The Hon. Derek Thomas said he was one of the councillors who blocked the progress of the bill a year ago because too few members of the public had expressed a view on it. The public had now had a fair say and he saw no justification for objecting.

The Hon. Lawson Henry said the St Helena Constitution – the supreme law of any country – guaranteed protection of equal rights.

“It is simply about equality,” he said “If this house cannot uphold the constitution then why are we here today, and why do we have a constitution? This bill has never been about religion, it is about equality and protection of minority groups.”

Many members sitting round the table had supported human rights legislation, “but some of them seem not to have supported equality,” he said.

He also warned St Helena Government would face heavy costs in the courts if the bill was rejected, and the island’s reputation would be damaged.

“We are a fledgling economy that has just gone into a new form of access,” he said, referring to the opening of the island’s airport.

“People who would like to visit this island will be looking at things like this. If they feel this is an island that can’t uphold its constitution [it] will cause more damage.”

The courts could nullify the existing marriage law and criticise the legislative council because members “can’t protect minority groups under our own constitution.”

Anthony Green, closing the debate, dismissed the reference to Bermuda. “We do not follow the Bermuda constitution,” he said. “We have our own constitution.” He praised Cyril Leo’s call for people to embrace the decision.

Governor Lisa Phillips will now be asked to ratify the bill and make it law, giving people on St Helena the same rights as same-sex couples on Ascension, Tristan da Cunha and most other UK overseas territories outside the Caribbean.

Speaking later in the traditional adjournment debate, Lawson Henry said it was a great day for St Helena.

St Helena’s 2017 Marriage Bill does not compel ministers to marry same-sex couples if it conflicts with religious doctrine. It also deals with other aspects of marriage law, including allowing weddings to take place outside places of worship.

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