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by pltm
(PLTM) - Junior Minister for Tourism, Hon. Archibald Christian yesterday, December 7, took issue with an amendment to the Marriage Act, saying it should have explicitly named same-sex couples among those who cannot marry in the BVI.
The Marriage (Amendment) Act 2017, was passed in the House of Assembly yesterday with amendments.
Among other things, it enables couples to receive a marriage license the same day, as opposed to what applies now, where a marriage license takes a working day to process.
The bill, tabled by Premier Hon. Dr. D. Orlando Smith, who has responsibility for tourism, is said to be good for tourism as it will allow visitors to get married aboard cruise ships docked in the BVI's waters.
Before the bill was passed, Hon. Christian pointed out that section 4 explicitly lists people who cannot marry. These include children and those closely related by blood or marriage.
He then pointed out that same-sex couples were not listed and suggested that they be added among those who cannot marry under the amended law.
"What about that category of persons? Are we waiting for someone to tell us when it's convenient for us to do it? Or are we bold enough to say will never do it?" Hon. Christian questioned as murmurs rose among members of the House.
He then dared his colleagues to support him in calling for the bill to explicitly prohibit same-sex marriages. No one rose to support his argument.
"I know that this will spark a lot of debate in our society, but that's why I am here, to spark debate and get persons to think," Hon. Christian said.
He stated that he is not against same-sex unions, but only has a problem "when you call those relationships marriage."
He urged the political leaders not to bow to international forces which may endeavor to enact laws contrary to local beliefs.
"…We will be grateful for advice, help, encouragement and support and all those things, but there are certain decisions that we must make that we feel comfortable living with," Hon. Christian stated.
No Need to Worry About Same-Sex Marriages
In tempering Hon. Christian's arguments, Opposition Leader Hon. Andrew Fahie, who rose in support of the bill, noted that it was not necessary for the new amendment to explicitly name same-sex couples among those prohibited from marrying. He said the laws of the BVI already prohibit such unions.
"It is not for any of us to decide whether we are for or against marriage of the same sex, because our laws already make it clear. This is just an amendment to the law," Hon. Fahie stated.
He said the law against same-sex marriages is safe, unless local courts rule in favour of same-sex unions.
In closing the debate, Premier Smith supported the Opposition Leader and reiterated that the new amendment does not negate existing laws of the BVI, which prohibit same-sex marriages.
Other Changes
The Marriage (Amendment) Act 2017, amends section 36 of the Principal Act, thereby reducing the residence requirement for marriages from one day to same day, in respect of special marriage license.
It also reduces the age of consent from 21 to 18, but explicitly states that persons cannot marry children.
The bill also makes provision for the opening hours of the office of the Registrar General.
In particular, it provides the right to the Registrar or any marriage officer to conduct marriages on board a ship within the territorial waters of the Virgin Islands. Government indicated that this change will facilitate new and additional services to the cruise tourism sector, and facilitate greater diversification of the tourist product, by further making the Territory more competitive, and promoting it as a prime wedding destination.
The Marriage (Amendment) Act (2017) comes five years after government amended the law to allow persons to get married 24 hours after arriving in the BVI, as opposed to waiting three days.
In 2014, the government had promised that the Marriage Act will be updated with modern laws to improve the overall efficiency in the registration and celebration of marriages in the Territory.
