The legal pendulum swings again, less than a week after the Domestic Partnership Act 2017 came into force (legalizing same sex ‘domestic partnerships’/’civil unions’, but prohibiting same sex ‘marriages’).
There is much to be discussed and analysed in Chief Justice Kawaley’s judgment.
The Court’s own summary of the judgment is available here.
I will try to address certain themes in subsequent blog posts.
The judgment requires some careful analysis, however, given the nature of the Chief Justice’s legal reasoning – and the constitutional issues which he addresses.
Both sides of the argument will have their appellate strategies under development – the issues will probably be heading to the Privy Council for final determination (possibly even the European Court of Human Rights), no matter what the intermediate Court of Appeal for Bermuda may have to say about them.
The pendulum might still swing back.