No appeal creates a binding precedence

Introduction

In the same sex case, the Turks and Caicos Islands Court of Appeal issued a judgement that the term spouse in the Immigration Ordinance must be interpreted to include foreign same sex marriages lawfully valid where solemnized. Therefore, the judge stated that the Government must grant a residence permit to an individual involved in the same sex couple as a spouse of Turks and Caicos Islander status citizen.

The Government has not announced if they are going to appeal this decision. However, I think the Government should appeal because if not, the Government would effectively accept the interpretation that “spouse” must include same sex partners married abroad. Once accepted, the decision becomes a precedence for the lower courts to follow.

Our constitution defines marriage

Our constitution clearly defines marriage as a union between one man and one woman. If our constitution is clear, then how can a judge make a ruling that is contrary to the constitution. This is very concerning because the authority to change or expand the definition of spouse belongs to the Legislature, not the courts.  This raises legitimate questions about the boundaries between judicial interpretation and legislation authority.

The Government must appeal not only to address this specific immigration ruling but also to protect the integrity of constitutional governance in TCI.

We must protect our constitutional identity

The Turks and Caicos Islands has the right to maintain its own laws and social policies that is consistent with its Constitution. Other jurisdictions have their own systems and definitions, and TCI is entitled to the same autonomy.

An appeal is not only a legal procedure, but it is also a safeguard for TCI’s constitutional integrity, cultural identity, and democratic process.

We deserve clarity

Individuals possess the right to determine their own lifestyle. Therefore, regardless of whether we concur or differ with another person’s choices, that is not the central concern.  The issue is, should profound changes to our social and constitutional framework be done through judicial reinterpretation or a democratic decision making through our elected representatives.

You see if the Government appeals, hopefully, it would allow the highest court to clarify the constitutional limits of judicial power, the meaning of spouse under our law and the Government’s obligation towards same sex marriages performed abroad.

Conclusion

Given the constitutional issues at stake, the potential erosion of legislative authority, and the inconsistencies introduced by the ruling, the Government has strong and legitimate grounds to pursue a final appeal in the case

Again, this is not a question about personal beliefs, but about respect for our Constitution, clarity in the law, andproper democratic decision-making.

Finally, I encourage the people of Turks and Caicos not to remain quiet on this ruling and to tell the Government to appeal the ruling. Otherwise, our silence can be misinterpreted as an agreement. This ruling is setting a dangerous precedence for the power and authority of the judiciary.