Lesbian, gay, bisexual, and transgender persons in the Cayman Islands may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in the Cayman Islands. On 29 March 2019, the Chief Justice of the Cayman Islands issued a ruling holding the territory's same-sex marriage ban unconstitutional. However the ruling was stayed and then overturned by the Court of Appeal on 7 November 2019.
The Marriage Law of the Cayman Islands defines marriage between one man and one woman. The Constitution notes the right of opposite-sex couples to marry, though it does not explicitly mention same-sex unions. 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. Later that year, the Legislative Assembly voted against a motion to hold a referendum on whether the territory should legalise same-sex marriage. 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, with the decision in favour of recognising same-sex marriage published on 29 March 2019. 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. 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. The petitioning couple is now mulling a possible appeal to the UK Privy Council. 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.
Discrimination protections
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.
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. The gay scene in the Cayman Islands is limited, with no specific gay nightclubs or beaches. However, several hotels and tourist areas cater to gay clientele.
Homophobia
While the Cayman Islands is officially secular and the Constitution guarantees equality and non-discrimination, the Government has been particularly vocal and unapologetic in expressing its anti-gay attitudes. In 1998, it forbade a Norwegian Cruise Line ship carrying over 900 gay travellers from porting. The Tourism Ministry stated: "We cannot count on this group to uphold the standards of appropriate behaviour expected of visitors to the Cayman Islands." The ban drew criticism from human rights groups and travel agencies, some of which advised a boycott of the islands. In 2008, police arrested a Massachusetts gay man after he kissed his partner on a nightclub dancefloor. He was later released.
