Marriage between same-sex couples has been approved by St. Helena’s Legislative Council by nine votes to two, meaning weddings could take place within weeks.
The Honourable Cyril Leo warned of a “deep divide” on the island and said he feared a negative reaction from “homophobic elements” in society. However, he urged people to embrace the outcome of democratic debate, stating that councillors should “make love our greatest quest.”
The Hon. Kylie Hercules, supporting the Marriage Bill, emphasized, “We are dealing with people’s lives and emotions.” Similarly, the Hon. Christine Scipio-O’Dean asserted, “We cannot discriminate. We must not, and we must strive to ensure equality.”
The Hon. Anthony Green explained that an attempt to present the same bill to the previous Legislative Council in 2016 had faltered. He noted that a legal challenge to the existing marriage law, passed in 1851, was due to be heard in the Supreme Court in January 2018 and could be appealed all the way to the Privy Council in London a process that could take years. “This law is silent on whether marriage between two persons of the same gender is permissible,” he said. Barristers from the UK were on standby to represent various parties. He argued that denying same-sex couples the same marriage rights as others would breach their human rights under the St. Helena Constitution.
Cyril Leo and Brian Isaac were the only councillors to vote against the bill becoming law. Dr. Corinda Essex abstained, acknowledging her view would be controversial. “I have no objection to same-sex relationships and indeed I respect them,” she stated. “I know a number of people who have entered into them. I am in no way homophobic in any respect.” However, she added, “I believe that can be achieved through civil partnership,” and “I believe very strongly that marriage was ordained not just in the Christian faith but in all the [main] faiths of the world… [as being] between a man and a woman.” Despite this, she acknowledged that the public had had a proper chance to express their views and understand the issue, referring to a series of consultation meetings and two petitions for and against same-sex marriage. She noted, “The number signing the two petitions was very similar. I had a lot of people lobbying me and saying we have serious concerns about this bill being passed. I do agree that the rights of minorities are important.” She concluded, “But let us not deceive ourselves that the decision we make is going to be popular whichever way it goes because it is still an extremely emotive and sensitive topic on the island. We do need to be aware that worldwide, attitudes are changing and moving forward and we need to be more open-minded… and put our personal views aside and consider the bigger picture. As a result of that I will not be opposing the bill.”
The Hon. Brian Isaac argued that other issues causing distress to people on the island deserved higher priority. He cited the European Court of Human Rights, which he said had already declared that civil unions fully protected the rights of same-sex couples, thus negating the need for same-sex marriage. He also pointed out that members of parliament on Bermuda, another UK overseas territory, had just voted to rescind a law allowing same-sex marriage, suggesting St. Helena should consider their reasons.
The Hon. Cruff Buckley, a Christian, voiced his support for the change in law, stating, “This bill ushers in a new level of respect for minority groups.” The Hon. Derek Thomas explained that he was one of the councillors who had blocked the bill’s progress a year prior because too few members of the public had expressed a view. Now that the public had had a fair say, he saw no justification for objecting.
The Hon. Lawson Henry emphasised that the St. Helena Constitution the supreme law of any country guaranteed the protection of equal rights. “It is simply about equality,” he declared. “If this house cannot uphold the constitution, then why are we here today, and why do we have a constitution? This bill has never been about religion; it is about equality and protection of minority groups.” He remarked that many members around the table had supported human rights legislation, “but some of them seem not to have supported equality.” He further warned that the St. Helena Government would face heavy costs in the courts if the bill was rejected and that the island’s reputation would be damaged. “We are a fledgling economy that has just gone into a new form of access,” he said, referring to the opening of the island’s airport. “People who would like to visit this island will be looking at things like this. If they feel this is an island that can’t uphold its constitution, [it] will cause more damage.” He suggested the courts could nullify the existing marriage law and criticize the Legislative Council if members “can’t protect minority groups under our own constitution.”
Anthony Green, in closing the debate, dismissed the reference to Bermuda, stating, “We do not follow the Bermuda constitution. We have our own constitution.” He praised Cyril Leo’s call for people to embrace the decision.
Governor Lisa Phillips will now be asked to ratify the bill and make it law, giving people on St. Helena the same rights as same-sex couples on Ascension, Tristan da Cunha, and most other UK overseas territories outside the Caribbean.
Later Developments
Speaking later in the traditional adjournment debate, Lawson Henry described it as a great day for St. Helena. St. Helena’s 2017 Marriage Bill does not compel ministers to marry same-sex couples if it conflicts with religious doctrine. It also deals with other aspects of marriage law, including allowing weddings to take place outside places of worship.