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Gay marriage and the law in Trinidad and Tobago

Posted: February 16th, 2011 | Author: | Filed under: Column | Tags: , , , , , , , | 8 Comments »

This morning I read a story in the T&T Guardian about a discussion in the Senate regarding same-sex marriage. The story says, in part, “Finance Minister Winston Dookeran said the issue of  same-sex marriages was something Parliament would have to adjudicate upon at some time. He said there were laws on the books concerning co-habitation and ‘we don’t want to contradict one piece of legislation with another.'”

Discussion on Facebook this morning after I posted the link naturally turned to the archaic laws regarding buggery: how could we think about same-sex marriage when it is still illegal for men to have sex with men? What is a marriage for?

As the Finance Minister alluded, one must wonder whether existing laws on marriage or common law relationships–including the disposal of property and estates in inheritance law–would need to be amended before same-sex marriage could be legally countenanced in Trinidad and Tobago.

I looked it up. While the Marriage Act 1996, which you can find here on a list of our laws, does not seem to explicitly define the genders of the “parties” it mentions, the Cohabitational Relationships Act of 1998 does. That Act defines “cohabitant” as:

(a) in relation to a man, a woman who is living or has lived with a man as his wife in a cohabitational relationship; and

(b) in relation to a woman, a man who is living with or has lived with a woman as her husband in a cohabitational relationship;

‘cohabitational relationship’ means the relationship between cohabitants, who not being married to each other are living or
have lived together as husband and wife on a bona fide domestic basis”.

It also occurred to me that the Domestic Violence Act of 1999 also would need to be changed because it, too, defines a cohabitant as ” a person who has lived with or is living with a person of the opposite sex as a husband or wife although not legally married to that person”.

So it’s great that we have begun to think about the question of same-sex marriage in Trinidad and Tobago. However, we have a long way to go–legally as well as socially–before we can make it an option for our people.

(After this first was posted I got a couple of questions asking me which side I was on. This column I wrote in the T&T Guardian two years ago is pretty clear on that issue.)