The United Kingdom Privy Council Monday ruled against same-sex marriage in Bermuda and against same-sex marriage in the Cayman Islands.

Section 53 of Bermuda’s Domestic Partnership Act, 2018 limits marriage to a union between man and woman. The Supreme Court and the Court of Appeal of Bermuda held that the said restriction is invalid, and the Attorney General of Bermuda challenged the decisions.

The Supreme Court and the Court of Appeals had allowed the plea for same-sex marriage on three grounds altogether. It held that Section 53 was inoperative because it was enacted for a religious purpose. ​Also, the court held that the respondents had a constitutional right to freedom of conscience with regard to their belief that same-sex unions should be legally recognised as marriage, and, thus, section 53 violated the constitution. Same-sex marriage was legally recognised as a creed,  entitling the respondents to constitutional protection from discrimination. The court, however, decided that the respondents should not have succeeded on any of these grounds, and allowed the attorney general’s appeal.

On the other hand, in the case relating to same-sex marriage rights in the Cayman Islands, the considered Section 2 of the Marriage Law, 2010, which again defined marriage as a union between man and woman. The appellants, a couple in a committed relationship wishing to enter into a same-sex marriage, were unsuccessful before the Court of Appeal in the Cayman Islands, which held that when correctly interpreted the bill of rights did not confer on same-sex couples the right to marry. The appellants were unsuccessful in their appeal to the Privy Council. The council held that, although the interpretation of the bill of rights does not endorse the right of same-sex couples to marry, the interpretation does not limit the Legislative Assembly from introducing legislation to recognise same-sex marriage.

Only 31 countries have legalised gay marriage. Over 70 countries still criminalise same-sex consensual sexual activity.