Aruba and the Cayman Islands are Overseas Territories of the Netherlands and the United Kingdom respectively, making them members of the European Union (EU).

In a case brought against the Aruban authorities by a gay couple, the court ruled that a marriage certificate signed by an official of the Netherlands carried the “same force of law” in Aruba, Caribbean Net News reported on 14 April 2007.

That decision has angered the People for Referendum in the Cayman Islands, which is one of the organisations pushing for modernisation of the Islands’ Constitution.

“We either fight the FCO, UK for self-determination on this issue of homosexual marriage or in short order we will face the same situation here in the Cayman Islands,” the People for Referendum said in a press release.

“Either we exercise our UN mandated inalienable self-determination rights to ensure the Constitution does not allow homosexual marriage or acknowledge and let our people know the fact that it’s not a matter of if homosexual marriage will become legal in our Cayman Islands by the UK’s Order in Council.”

The People for Referendum said the Foreign & Commonwealth Office (FCO), which overseas the governance of Cayman, could force gay marriages down the throats of the Islands’ residents.

“The FCO will ensure that it does eventually occur, the only uncertainty is when the UK will issue the Order in Council, that is after homosexual marriages become legal in the UK,” the People for Referendum said.

Their fears may reside in the UK’s International Covenant on Civil and Political Rights report on its Overseas Territories on Bermuda, Cayman, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St Helena and Turks & Caicos in 1999.

“The United Kingdom Government is concerned that all Overseas Territories should adopt – as most of them, indeed, already do – substantially the same position as obtains in the United Kingdom itself in respect of capital punishment, judicial corporal punishment and the treatment as criminal offences of homosexual acts between consenting adults in private,” the UK report said.

“It has strongly urged – and all will, if necessary, continue to urge – the Government of those Overseas Territories whose laws may be open to criticism in any of these respects to introduce appropriate-amending legislation at the earliest suitable opportunity.

“Failing that, as the White Paper makes clear, the United Kingdom Government may have to consider the possibility of itself legislating in this matter on behalf of those Overseas Territories.”

Caught in the middle is the Cayman Islands Government, which has to protect the Islands’ culture and at the same time adhere to international human rights issues.

At the height of a protest against 3,200 gay tourists landing here on a cruise tour in January 2006, Leader of Government Business Hon Kurt Tibbetts issued a press statement to confirm Cayman’s policy.

“In response to the scheduled visit, the Government has reconfirmed the policy of non-discrimination first established by the Cayman Islands Government in 2001 and regards it as consistent with this jurisdiction’s recognition of human rights.”

In the statement, Mr Tibbetts said the policy is also part of the Bill of Rights in the country’s proposed new constitution.

“The Government confirms its support of a Bill of Rights being enshrined in our country’s proposed new constitution and notes that the formal adoption of such a Bill will make it unlawful to discriminate on the grounds of, inter alia, race, age, religion or sexual orientation.”

The Leader of Government Business said the wishes of the Caymanian people had to be respected but it had an equally important responsibility to make difficult decisions.

Mr Tibbetts said people of all sexual orientation work and visit the Islands without any incidents.

“Our visitors are aware that the Cayman Islands is a God-fearing country with conservative values and we are confident that we can expect from all visitors the highest standards of decorum and conduct, just as we respect their right of choice and privacy,” the statement added.

Not letting up pressure on the authorities to maintain the Islands’ strong religious convictions, Pastor Dr Ken Love of the Calgary Baptist Church in George Town said homosexuality is ungodly.

“We at the Calgary Baptist Church get our source of belief and authority from the word of God, the Holy Bible, which clearly denounces homosexuality and sodomy,” Pastor Love said.

“Leviticus 18:22-30, the Law declared it a capital offence. Genesis chapter 19 tells that God hates the sin of sodomy so much that he destroyed the city of Sodom because of it.

“In Genesis, God gives us the account of the creation of man and how he gave him a help mate, which was a woman. This was Adam and Eve – not Adam and Steve.”

In March, the Cayman Islands Government established a Constitution Review Secretariat to accelerate the process of Constitution modernisation with a Bill of Rights expected to form part of the document.

The People for Referendum wants the new Constitution to be void of rights for homosexuals.

“Homosexual marriage is not part of our culture and we must work to draft the Human Rights section of our Constitution to ensure that the unnatural act of homosexual marriage is not given any “natural” Human Rights in the revised Cayman Islands Constitution,” a statement from the organisation said.

“There are many in the Foreign & Commonwealth Office who will work to ensure that the Human Rights section of the revised constitution is drafted to guarantee homosexual marriage rights. There should be no compromise or discussion on this subject; our position must be unwavering.”

The People for Referendum said citizens should fight for self-determination without UK or EU interference in Cayman on the homosexual marriage issue.

The group, however, remained concerned that the UK could annul the residents’ plan to keep gay marriage away from its shores.

“The UK’s awesomely powerful Order in Council in reality overrides any action done by our Legislative Assembly or elected Government,” the organisation said.