Uncertainty around effect of new domestic partnership legislation
The Government of Bermuda has admitted that is does not have any definite statistics on the number of people who would be entitled to Bermuda status now the new law to introduce the concept of domestic partnerships has been approved. The legislation was passed in the House of Assembly on December 8, 2017 and received the approval of Senators of the Upper House on December 14 by a margin of 8-3. It will now be sent to the Governor for assent before becoming law.
The domestic partnership legislation - widely seen to be a retrograde step - is designed as a replacement for same-sex marriage which which was given legal weight in the Territory earlier in the year. The same-sex marriages which have happened on the island since May will remain legal marriages under the new legislation and those non-Bermudian spouses will eventually have the opportunity to apply for Bermudian status. The right of a foreigner who enters into a domestic partnership with a person who holds Bermudian status will entitle that person to Bermudian status on similar footing to married persons who can apply for Bermudian status under Bermuda law after ten years of marriage if they have lived on the island with their spouse on a continuous basis for seven years. This position codifies the right that same-sex partners of Bermudians were granted by the Supreme Court in 2015 in the case of Bermuda Bred Company v The Minister of Home Affairs and The Attorney General.
134 applications for status are expected this financial year as compared to 122 for the previous financial year, up from 100 for 2015.
The domestic partnership legislation - widely seen to be a retrograde step - is designed as a replacement for same-sex marriage which which was given legal weight in the Territory earlier in the year. The same-sex marriages which have happened on the island since May will remain legal marriages under the new legislation and those non-Bermudian spouses will eventually have the opportunity to apply for Bermudian status. The right of a foreigner who enters into a domestic partnership with a person who holds Bermudian status will entitle that person to Bermudian status on similar footing to married persons who can apply for Bermudian status under Bermuda law after ten years of marriage if they have lived on the island with their spouse on a continuous basis for seven years. This position codifies the right that same-sex partners of Bermudians were granted by the Supreme Court in 2015 in the case of Bermuda Bred Company v The Minister of Home Affairs and The Attorney General.
134 applications for status are expected this financial year as compared to 122 for the previous financial year, up from 100 for 2015.
