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Last Updated: Feb 13, 2017 - 1:45:37 AM |
 GBRHA president throws organization’s full support behind ‘Vote Yes’ campaign; says referendum opponents display a fundamental misunderstanding of the law
(GBRHA Statement - April 27) Outspoken attorney Fred Smith, QC, has dismissed the claim of gender equality referendum opponents that a ‘yes’ vote could lead to same-sex marriages – saying that door has already been open for decades.
Declaring that the Grand Bahama Human Rights Association (GBHRA) fully supports the ‘Vote Yes’ campaign, Smith called on Bahamians to unite in the name of equality and send a clear message to the world that The Bahamas is a country which believes in fundamental human rights for all.
“Whether intentionally or through a misunderstanding of the law, the naysayers have managed to spread this very damaging myth about the proposed Bills causing same-sex marriages,” he said. “The simple truth, however, is that the Bills couldn’t possibly have the effect they claim, as the path to such unions has been enshrined in our supreme law since independence.”
The GBHRA president explained that Article 15 of the Bahamas Constitution already protects individuals from discrimination on a number of grounds, including on the basis of their sex.
“This was decided by the Supreme Court and The Court of Appeal in The Bahamas in 1996 in a case argued by myself and Maurice Glinton QC before Dame Joan Sawyer in Harbor Lobster and Fish Co and Jeffrey Butler vs. Attorney General, when the courts held that discrimination on the grounds of “sex” and “gender “ were unconstitutional.
“Therefore, any couple (men or women) denied the right to be married can mount a constitutional challenge on the basis of this protection and have the courts ratify their union.
“The Privy Council in London, have, since 2013 have already recognized same-sex unions.
“So this referendum has nothing whatsoever to do with same-sex marriage and everything to do with ending discrimination against Bahamian women, and in some cases men, solely on the basis of their gender. There is nothing hidden or even controversial in what the government is trying to do; the intention is simply to amend another section of the Constitution so as to bring it in line with the protections outlined in Article 15.
Smith commended the current administration for following through on this crucial issue and said the GBHRA will do everything in its power to encourage Bahamians to vote for equal rights.
“Bahamian women have waited far too long for this day and the referendum cannot be allowed to be derailed by groundless fear-mongering,” he said.
While he feels it is important to dispel the confusion surrounding the gender equality Bills ahead of the June 7 vote, Smith cautioned that his comments should not be construed as supporting discrimination against another community.
“Let me be clear: while gender equality and gay rights are completely separate issues, the GBHRA fully supports both these struggles in The Bahamas. We believe that the LGBT community should benefit from all the rights and privileges of other members of society, including the right to marry whomever they choose.
“The GBRHA will push for the success of this referendum, even as we continue to fight discrimination in all its forms –whether based on race, gender, ethnicity, nationality, sexual preference, or any other arbitrary, morally indefensible consideration,” he said.
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