Chantelle Day and Vickie Bodden Bush v The Governor of the Cayman Islands and The Attorney General - Judgment

The issue of marriage equality - whether same-sex couples have the right to marry and found a family - whether the Marriage Law definition of marriage as "union between a man and a woman as husband and wife" violates rights of same-sex couples to private and family life protected by Constitutional Bill of Rights - whether Marriage Law definition introduced for purpose of preserving a religious concept of marriage to exclusion of other beliefs and in violation offreedom of expression of conscience. History of marriage in the Cayman Islands - whether a "traditional" form of marriage had emerged to prevent further constitutional development of the concept. Entitlement of same-sex couples who are in committed stable relationships to be regarded as in analogous position to opposite-sex couples - whether denial of right to marry and found a family is unjustifiable discrimination prohibited by Constitutional Bill of Rights. "Margin of appreciation" afforded to the State to decide when and how to remedy violation of fundamental rights protected by European Convention on Human Rights - whether margin of appreciation allowed where violation is of rights protected under the Constitutional Bill of Rights. Remedies where violation of rights found by the court - jurisdiction to amend the Marriage Law to bring it into conformity with the Constitution - whether amendment or declaration of violation of rights appropriate remedy.