… 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.

fb/LGBTQBermuda

samelovebermuda.com

fb/samelovebermuda

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.

1. en.wikipedia.org/wiki/ Same-sex_marriage_in_Bermuda
2. constitutionnet.org/news/ bermuda-court-ruling-favor-same-sex-marriage-overturned-privy-council
3. gov.bm/domestic-partnerships-bermuda