View Full Version : Gays say they can marry in the Bahamas
Hi Winter Grace,
You see my point. That some don,t. It has shown that these people do play role of male and female so I stand by my position that they are sick and confuse persons who need help.It,s to me is still a matter of choice by these people and we donot have to accept it. I like what Sen Mckain did with Ellen the Show host, he oppose same sex marriage and he wish her the best but would not promote such arrangement. God help Us.
Brown Suga 05-23-08, - 10:02 AM Purchase the Tribune....Lawyer weighing in on the fact that gays cannot get maried....haven't read the entire article but Wayne Munroe is quoted and he een no dummy!
licks2 05-23-08, - 10:36 AM Nah da bar "azz-holes-iation" has done da home work fer yall cassy. . .dat subject done been beat ta death in da british system. . .of which we laws are based. . . and from where da privy council must rule. . .in law dat is!!! Chile I say it one more time. . .you een gat a hope but ta go ta jail in dis one fer contempt of court or some dumb shed like so!!!!!
I would advise ya ta don let nobody "run ya up on breaks". . .it een ger happen in dis here country. . .not leagally dat is!! Reason being. . .it ger berl right dawn ta "refa-ran-dumb". . .and ya know brown sugar dem een ger gee yall no freedom ta do dat right up in nah!!!!:hammer::cutie:
DIS CASE CLOSE BEFORE YALL OPEN IT!!!
pharoah 05-23-08, - 01:29 PM This is a portion of the Matrimonial Causes act 125;
Void and Voidable Marriages
20. A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void on any of the grounds mentioned in section 21 or 22.
Petition for nullity
21. (1) A marriage shall be void on any of the following grounds:
Void marriage.
(a)
that it is not a valid marriage in accordance with the provisions of the Marriage Act;
(b)
that at the time of the marriage, either party was already lawfully married;
(c)
that the parties are not respectively male and female; or
(d)
that in the case of a polygamous marriage entered into outside The Bahamas, either party was domiciled in The Bahamas.
(2) For the purposes of paragraph (d) of subsection (1), a marriage may be polygamous although at its inception neither party has any spouse additional to the other.
There you go. Vicky and company needs to rewind and come again.
canewry 05-23-08, - 01:42 PM i can't believe this thread still going on...
when you does feed the animals, they does stick around and make nest...
I must say, Bahamians like talk bout homosexuals alot dread...We getting like America, one big gay society...
I mean all these killings and corruption going on and yall debating whether two dudes can get married...let them marry if they want...and its up to the courts to say whether dey ga uphold it or not...
Lurker 05-23-08, - 02:01 PM i can't believe this thread still going on...
when you does feed the animals, they does stick around and make nest...
I must say, Bahamians like talk bout homosexuals alot dread...We getting like America, one big gay society...
I mean all these killings and corruption going on and yall debating whether two dudes can get married...let them marry if they want...and its up to the courts to say whether dey ga uphold it or not...
Een dis a pretty sight:
http://s22.photobucket.com/albums/b313/BahamasEng/blog/gaymarriage.jpg
I still maintain that gay marriage is a subversive plot to end gay sex.
adidasboi987 05-23-08, - 02:38 PM This is a portion of the Matrimonial Causes act 125;
Void and Voidable Marriages
20. A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void on any of the grounds mentioned in section 21 or 22.
Petition for nullity
21. (1) A marriage shall be void on any of the following grounds:
Void marriage.
(a)
that it is not a valid marriage in accordance with the provisions of the Marriage Act;
(b)
that at the time of the marriage, either party was already lawfully married;
(c)
that the parties are not respectively male and female; or
(d)
that in the case of a polygamous marriage entered into outside The Bahamas, either party was domiciled in The Bahamas.
(2) For the purposes of paragraph (d) of subsection (1), a marriage may be polygamous although at its inception neither party has any spouse additional to the other.
There you go. Vicky and company needs to rewind and come again.
The marriage ACT is described in our constintution as
"An Act relating to marriage."
While conversely the Matrimonial Causes Act is described as
"An Act relating to divorce and matrimonial causes within The Bahamas"
Two seperate and distinct acts that are applied to different circumstances respectively... I would expect Mr. Munroe to know this...I would also expect as an officer of the court and the President of the Bar Council for him to be at the forefront of this "fight" to preserve the rights of all Bahamians and to ensure that law is applied equally and fairly to all citizens...Rather than quoting partial ambiguous statements to the press, he should impress upon the lawmakers of our country to remove this discriminatory common law practice that "claims" to ban same sex marriage... I gather though that because this wouldn't be another money making venture such as the Anna Nicole Saga, he finds no interest...I digress though...
A marriage license is granted under the provisions of the Marriage Act NOT the Matrimonial causes act which is only applicable where a party IN A MARRIAGE petitions the court for the termination or nullification of a marriage... And also a marriage can only be deemed void IF it existed in the FIRST place... The matrimonial causes act does not AND should not preclude same sex couples from making application and recieving a marriage license...
NO WHERE in the Constitution of the Bahamas does it say marriage is defined as the (sole) Union of a Man and a Woman...That was the challenge that Erin Greene put to Mr. Munroe et.al..and his latest response was VOID of an adequate response....Typical though... the ole smoke and mirrors trick...
adidasboi987 05-23-08, - 02:41 PM Nah da bar "azz-holes-iation" has done da home work fer yall cassy. . .dat subject done been beat ta death in da british system. . .of which we laws are based. . . and from where da privy council must rule. . .in law dat is!!! Chile I say it one more time. . .you een gat a hope but ta go ta jail in dis one fer contempt of court or some dumb shed like so!!!!!
I would advise ya ta don let nobody "run ya up on breaks". . .it een ger happen in dis here country. . .not leagally dat is!! Reason being. . .it ger berl right dawn ta "refa-ran-dumb". . .and ya know brown sugar dem een ger gee yall no freedom ta do dat right up in nah!!!!:hammer::cutie:
DIS CASE CLOSE BEFORE YALL OPEN IT!!!
The fight isn't going to be an easy one, FOR SURE....but I am not sure a referandum is neccesary....as opposed to clarification in the ACT outlining the definition of marriage...The Constitution is purported to be a living document that reflects the times we live in...So modify the constitution to reflect what justice requires...Is this really that hard??...
I would suggest that Cassy still go through with her petition but be prepared....You are going to need one hell of a legal team and despite what you may think the assistance of the GLBT community...PM me for more details...
songbird 05-23-08, - 02:49 PM The marriage ACT is described in our constintution as
"An Act relating to marriage."
While conversely the Matrimonial Causes Act is described as
"An Act relating to divorce and matrimonial causes within The Bahamas"
Two seperate and distinct acts that are applied to different circumstances respectively... I would expect Mr. Munroe to know this...I would also expect as an officer of the court and the President of the Bar Council for him to be at the forefront of this "fight" to preserve the rights of all Bahamians and to ensure that law is applied equally and fairly to all citizens...Rather than quoting partial ambiguous statements to the press, he should impress upon the lawmakers of our country to remove this discriminatory common law practice that "claims" to ban same sex marriage... I gather though that because this wouldn't be another money making venture such as the Anna Nicole Saga, he finds no interest...I digress though...
A marriage license is granted under the provisions of the Marriage Act NOT the Matrimonial causes act which is only applicable where a party IN A MARRIAGE petitions the court for the termination or nullification of a marriage... And also a marriage can only be deemed void IF it existed in the FIRST place... The matrimonial causes act does not AND should not preclude same sex couples from making application and recieving a marriage license...
NO WHERE in the Constitution of the Bahamas does it say marriage is defined as the (sole) Union of a Man and a Woman...That was the challenge that Erin Greene put to Mr. Munroe et.al..and his latest response was VOID of an adequate response....Typical though... the ole smoke and mirrors trick...
i know im still feeding it.........but i really couldnt resist asking another question:
If the grounds for the nullification (i.e. breach, termination) of a marriage (a valid contract between two respective parties) is the aforementioned, wouldn't it follow that it's not to be done?
One of the grounds is polygamy. well, wouldnt it follow that you're not supposed to be married to more than one person in the first place?
and i don't think that his comment was a smoke and mirrors trick. It's been made clear that there are basically no laws n this, just guidelines within the law that one can follow. He just brought another side into the discussion.
bahamiangoddess 05-23-08, - 03:25 PM Een dis a pretty sight:
http://s22.photobucket.com/albums/b313/BahamasEng/blog/gaymarriage.jpg
I still maintain that gay marriage is a subversive plot to end gay sex.
BOL!! LURKER YOU GAT TA STOP!!
Brown Suga 05-23-08, - 03:34 PM Een dis a pretty sight:
http://s22.photobucket.com/albums/b313/BahamasEng/blog/gaymarriage.jpg
I still maintain that gay marriage is a subversive plot to end gay sex.
:taped2:
truth_hurts12 05-23-08, - 05:46 PM i know im still feeding it.........but i really couldnt resist asking another question:
If the grounds for the nullification (i.e. breach, termination) of a marriage (a valid contract between two respective parties) is the aforementioned, wouldn't it follow that it's not to be done?
One of the grounds is polygamy. well, wouldnt it follow that you're not supposed to be married to more than one person in the first place?
and i don't think that his comment was a smoke and mirrors trick. It's been made clear that there are basically no laws n this, just guidelines within the law that one can follow. He just brought another side into the discussion.
Firstly, Addasboi has succinctly pointed out that there are NO provisions in CHAPTER 120 of the Statute laws of The Bahamas, known as the MARRIAGE ACT, which defines marriage to be strictly between a "man and a women". Included in this act are the provisions that governs the granting of a marriage license.
I invite all and sundry to read the MARRIAGE ACT in its entirety and show me where marriage is defined as exclusively between a "man and a women"... :hammer:
http://laws.bahamas.gov.bs/statutes/statute_CHAPTER_120.html#Ch120s51
Secondly, in CHAPTER 125 MATRIMONIAL CAUSES, the provision that addresses "Void and Voidable Marriages" specifically states that:
20. A husband or wife MAY present a petition to the court praying that his or her marriage may be declared null and void on any of the grounds mentioned in section 21 or 22.
21. (1) A marriage shall be void on any of the following grounds:
Void marriage.
(a)that it is not a valid marriage in accordance with the provisions of the Marriage Act;
(b)that at the time of the marriage, either party was already lawfully married;
(c)that the parties are not respectively male and female; or
(d)that in the case of a polygamous marriage entered into outside The Bahamas, either party was domiciled in The Bahamas.
http://laws.bahamas.gov.bs/statutes/statute_CHAPTER_125.html#Ch125s21
Any first year law student could see that this provision was not meant to discriminate against Homosexual Married Couples, whose union, by virtue of their sexual orientation, would, naturally, have comprised of individual's of the same sex. :dunce:
I believe that this provision was meant to protect a party already in a marriage union, who believed he or she was in a heterosexual union at the time of the marriage, but later discovered that the other party was, in fact, not "legally" male or female.... Thus, this provision provide these individuals relief from being defrauded, and the courts can declare the marriage "null and void"... :footmouth
How such a learned gentleman can site an obscure provision in a statue law, and interpret it as the basis for legal discrimination against homosexuals and their right to "marriage", as heterosexuals, in our Beloved Bahama Land is beyond me... :dgi:
Lastly, the Constitution of the Bahamas is the guideline under which all statute laws are drafted. As previously pointed out in this thread, there are, ingrained in the Constitution, basic human rights that are guaranteed to all Bahamians, including Homosexuals. Therefore, any provisions in the statute laws of the Bahamas that are found to be inherently discriminatory or in contravention of the basic tenants of our Constitution, they should be tested in the courts, and, if found ruled to be in violation of the Constitution, the courts should either allow Parliament a fixed period to amend the law or strike the provision down all altogether... :hammer:
bahamiangoddess 05-23-08, - 06:46 PM Interpretating the law is like eating food, the taste differs to everyone who eats it!
What the Magistrates Court may say is legal, can be deemed illegal by the Supreme Court. Then the Court of Appeal may have a different opinion.
Finally the Privy Council may see an angle that all the Lower Courts did not pick up on.
Lawyers are trained to read the lines and in-between the Lines.
FACTS ONLY 05-23-08, - 06:52 PM Interpretating the law is like eating food, the taste differs to everyone who eats it!
What the Magistrates Court may say is legal, can be deemed illegal by the Supreme Court. Then the Court of Appeal may have a different opinion.
Finally the Privy Council may see an angle that all the Lower Courts did not pick up on.
Lawyers are trained to read the lines and in-between the Lines.
yep, and i wonder if one of them hires Munroe, who says that everyone deserves counsul, what would be his position then?:footmouth
songbird 05-23-08, - 06:58 PM yep, and i wonder if one of them hires Munroe, who says that everyone deserves counsul, what would be his position then?:footmouth
He could always decline the case. we're always lamenting about how we have SOOOOOOOOO many lawyers knockin about. find another one.
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