… Shawn Crockwell put it best when he said “You cannot Cherry Pick on discrimination”
The Simple Truth: Discrimination is Discrimination – A Reflection with Mark Pettingill
“You cannot cherry-pick on discrimination,” says Shawn Crockwell, and it’s a sentiment that resonates deeply with his partner, Mark Pettingill. The conversation surrounding equal rights, particularly in the context of marriage, often gets tangled in complex legal jargon and nuanced arguments. But at its core, the issue is remarkably straightforward: everyone deserves the same fundamental rights.
As Mark Pettingill reflects on the legal battles fought alongside his close friend and partner, Shawn Crockwell, the absurdity of denying same-sex couples the right to marry is clear. While religious institutions have the protected right to define their own ceremonies, the legal institution of marriage should be accessible to all. The distinction between a religious ceremony and a contractual marriage is crucial. As Pettingill points out, the fight was always for the contractual right, not the imposition of a religious ceremony on unwilling institutions.
The creation of civil unions, while a step in the right direction, ultimately underscored the discriminatory nature of the system. By offering a similar legal framework but denying the title of “marriage,” the government essentially created a separate and unequal status. This echoes historical injustices based on race, religion, and sex.
Think about it: “You can’t do this because you are gay.” This statement, stripped of legal euphemisms, reveals the stark reality of discrimination. It’s the same logic that once justified denying women equal pay or segregating people based on their race.
Pettingill, alongside Crockwell, his close partner, who he describes as like a “Butch Cassidy and Sundance Kid” partnership, are deeply involved in Bermudian politics and law. Their shared commitment to equality is a cornerstone of their work. Pettingill uses a powerful analogy: imagine a sign outside a bar reading, “No gay people allowed.” Most would immediately recognize this as blatant discrimination. Yet, denying same-sex couples the right to marry, a fundamental legal right, is often met with less outrage. Why?
The answer lies in the subtle ways discrimination can be packaged and presented. Legal complexities and “colorable artifice” can obscure the simple truth: denying a group of people a right afforded to others is discriminatory.
The fight for marriage equality isn’t about special rights or privileges. It’s about basic human dignity and the principle that everyone should be treated equally under the law. As Pettingill reflects on the words of his partner, Shawn Crockwell, “This has always been a very very simple case and still is a human issue where everybody should have the same entitlement and if they’re not is discriminatory end of story.”
Let’s remember that the fight for equality isn’t about abstract legal theories. It’s about real people, real lives, and the fundamental right to love and be recognized. It’s about dismantling the structures that perpetuate inequality and building a society where everyone is treated with dignity and respect.
Video Transcript
You know, my partner Shawn Crockwell put it best when he said, ‘You cannot cherry-pick on discrimination.’ Once you start defining rights based on whether someone is a human being, then, with the right balance, everyone has the same rights. As I’ve always said, I would have defended a church if a gay couple had tried to force them to perform a marriage ceremony against their doctrine or creed. Those protections, those religious freedoms, are protected by the Constitution, the Human Rights Act, and even, in my view, by the Marriage Act. The Marriage Act provides for both religious and civil marriage ceremonies. We were only arguing for the civil right to marry, not the religious right.
The government created a Civil Union Act, and the only real difference is the name. You can have a civil union, but you cannot get married. That’s what the act specifically states: you can do all these things, it’s called a civil union, but you cannot get married. Immediately, you’re discriminating against a class of people, denying them something everyone else can do, simply because they’re gay. You can dress it up with any kind of artifice to obscure the issue, but you’re still saying, ‘You cannot do this because you are gay.’
Historically, let’s think about that. ‘You can’t do this because of your religion, your sex, your race.’ The rhetorical question is, ‘Why shouldn’t women be happy with a job and getting paid less than a man?’ In modern terms, that’s a nonsensical argument. Of course, that’s wrong; it’s sexual discrimination, discriminating against women because of their sex. People don’t seem to grasp it. If we put up a sign in a bar saying, ‘No gay people allowed,’ I think people would understand that’s wrong. You’d be denying them the right to enter a place. People would rightly object and say that’s discriminatory. But they don’t seem to get it when you say, ‘Okay, you want to get married, but we’re not allowing you that.’ It’s like saying, ‘You have all these rights, but not this specific one.’ To me, this has always been a very simple case, and still is: a human rights issue where everyone should have the same entitlements. If they don’t, it’s discrimination, end of story.
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The situation regarding same-sex marriage in Bermuda has been quite complex and has seen significant changes since 2018.
Here’s a summary of the key developments:
A Turbulent Legal History:
- Bermuda has experienced a back-and-forth legal battle regarding same-sex marriage, with periods of legalization followed by reversals.1
- In essence, same sex marriage was legal at times between 2017 and 2022.
- However, in March 2022, the Judicial Committee of the Privy Council ruled against same-sex marriage, effectively banning it once again.2
Domestic Partnerships:
- Bermuda has implemented domestic partnerships, which provide some legal rights to same-sex couples.3 However, these partnerships are distinct from marriage.
Public Opinion:
- It’s important to note that public opinion in Bermuda has shown signs of shifting. Polls indicate increasing support for same-sex marriage, though legal challenges remain.
Key points to remember:
- The legal landscape in Bermuda has been very dynamic.
- Although same sex marriage is not currently legal, same sex marriages that were preformed in certain time periods are still considered valid.
- There is still ongoing debate regarding this topic.
In essence, while progress has been made in terms of legal recognition of same-sex relationships, the right to marriage itself has been a subject of considerable legal contention in Bermuda.
