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Marriage law may have gay loophole

It might be possible for civil unions ? like the high profile partnership of Sir Elton John to his long-time boyfriend in England on Wednesday? to take place in Bermuda as it is not specifically against the law.

Pop star Sir Elton John, 58, and David Furnish, 43, sealed an 11-year relationship on the first day that civil union ceremonies became legal in England and Wales.

?There may be same sex couples in Bermuda who want to get married,? Government Backbencher Renee Webb said on Thursday. ?There were two this year alone. They had a reception here but both were married in Toronto.?

After the law changed this year, same-sex couples of any nationality can get married in Canada.

Some lawyers say these marriages are legal in the US because they are legally binding unions, however, other lawyers said they were not.

Local matrimony lawyer Karen Lomas said there was no law that outlawed gay marriage in Bermuda.

She said the Human Rights Act 1981, which Ms Webb tried to amend, outlawed discrimination but did not include homosexuals.

?Bermuda will not move in that direction until that is achieved, or until the Constitution is amended,? Ms Lomas predicted.

And lawyer Elizabeth Christopher said that to her knowledge no one in Bermuda had ever tried to legally challenge the Registrar General about its policy on civil unions but had heard of people trying to work around it.

A spokeswoman from the Registrar General said it often got enquiries about gay marriages in Bermuda, however, there was some legal confusion about whether a similar ceremony could be possible here.

?The issue does come up and we address it each time,? she said.

She thought it was illegal but could not say why ? exposing a potential loophole in Bermuda?s marriage laws.

?It is not in the Marriage Act,? she said. ?I have seen it but I do not know where it is.?

The Marriage Act 1944 stated a marriage is void if the party have mental disorders, are under 16, or use fake names, however, did not specifically say that only opposite sex couples could marry.

Attorney General Larry Mussenden did not know off the top of his head and referred comments to the Registrar General.

However, Ms Webb said gay marriage could be a possibility in Bermuda if the UK Government pushed for it.

Ms Webb said marriage was not for everyone but she respected those who did and said anyone ? whether they were heterosexual or homosexual ? should have the right to marry.

?I doubt it is illegal. If it was illegal then they would be able to tell you. It would not have been an issue in 1944. With respect to Bermuda, the UK Government can make us legislate because we are a dependent territory,? she said. ?It is a foreseeable possibility the UK can do it. All someone has to do is write to the UK Government and say they were being discriminated against. That is how the changes in sodomy and capital punishment came about.?

In December 1999, Jennifer Smith?s Government passed a bill abolishing capital punishment.

Ms Webb said this bill was brought forward by Baroness Amos in the UK and changed the law in all British overseas territories.

?Consenting adults should be able to do what they like,? Ms Webb said. ?But people can get married elsewhere, so I do not know if it is an issue here.?

Ms Webb said civil unions for homosexuals had never been discussed in the House of Assembly.

?Britain is well behind everyone else. In other places in Europe it has legal for nearly 20 years,? she said.

In the UK, the Civil Partnership Act 2004 went into force on December 21 and enabled same-sex couples to obtain legal recognition of their relationship.

Couples who formed a civil partnership will have a new legal status ? ?civil partner? ? and share equal treatment in a wide range of legal matters as married couples do.

While a definition appears to be missing from the Marriage Act, the Concise Oxford Dictionary defined marriage as the ?condition of man and woman legally united for purpose of living together and procreating lawful offspring?.

However, Ms Webb said the very definition of marriage could soon be under debate as in 2003, the Canadian Cabinet viewed marriage as a way to publicly recognise a committed relationship between two adults.

Same-sex marriages and civil unions are not the same, as although civil unions give same-sex couples most of the benefits and protections of civil marriage, the couples are not legally married.