LGBT rights in the Cayman Islands

Same-sex sexual acts were expressly decriminalised under Britain's Caribbean Territories (Criminal Law) Order, 2000, which took effect on 1 January 2001.[4]

Britain's International Covenant on Civil and Political Rights report on its Overseas Territories on Bermuda, the Cayman Islands, the Falkland Islands, Gibraltar, Montserrat, the Pitcairn Islands, Saint Helena and the Turks and Caicos Islands stated in 1999 stated that "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".[5]

The repeal of the anti-gay law was condemned by conservative groups and politicians, several of whom made conspiracy theories of a supposed secret gay lobby trying to destroy Cayman values and Christianity.[5]

The age of consent is higher for homosexuals (18) than it is for heterosexuals (16).[6]

The Marriage Law of the Cayman Islands defines marriage between one man and one woman.[7] The Constitution notes the right of opposite-sex couples to marry, though it does not explicitly mention same-sex unions.[8]

Since then, incremental reforms have been made to recognise some rights for same-sex couples. In July 2016, the Immigration Appeals Tribunal ruled in favour of a gay man who wished to be added to his spouse's work permit as a dependent.[9] Later that year, the Legislative Assembly voted against a motion to hold a referendum on whether the territory should legalise same-sex marriage.[10] A lawsuit brought by a dual Caymanian-British same-sex couple, challenging the ban on same-sex marriage, was lodged in the Grand Court. Oral arguments were heard in the case in February 2019,[11] with the decision in favour of recognising same-sex marriage published on 29 March 2019.[12]

However, the decision was later reversed by the Cayman Islands Court of Appeal. The appellant's arguments were heard in court for three days, starting on 28 August 2019.[13] The Court sided with the Government and on 7 November 2019 it overturned the Chief Justice’s previous judgment. It also called on the UK to step in and ensure that civil partnerships or a legal equivalent are implemented if the Cayman Islands Government fails to do so.[14] The petitioning couple is now mulling a possible appeal to the UK Privy Council.[15]

In 26 June 2020, the Cayman Islands government introduced the Domestic Partnership Bill, which would allow same-sex and opposite-sex couples to register a domestic partnership.[16][17]

Same-sex civil partnerships are legal following enactment of the Civil Partnership Law on 4 September 2020. Since December 2020, same-sex marriage is recognised - however only for immigration purposes.[18][19]

In 2009, a draft constitution excluded LGBT rights. The British Foreign Affairs Committee described the decision to exclude sexual orientation as a prohibited ground for discrimination as "deplorable" and raised concerns that it breached human rights laws. It raised the possibility that Cayman Islands residents could be afforded less than the full protection to which they are entitled, under the European Convention on Human Rights.[20]

Lesbian, gay, bisexual and transgender people have been allowed to serve openly in the British Armed Forces since 2000.[21]

Open displays of affection between same-sex partners may offend. Cayman society tends to be conservative when dealing with issues such as LGBT rights, though the younger generation is considered to be increasingly culturally liberal.[5]

The gay scene in the Cayman Islands is limited, with no specific gay nightclubs or beaches.[5] However, several hotels and tourist areas cater to gay clientele.

• Politics of the Cayman Islands
• LGBT rights in the Commonwealth of Nations
• LGBT rights in the Americas
• LGBT rights by country or territory
• Same-sex marriage in the Cayman Islands