Reynolds vs. Minister (Interior), 09-2005 CC

Appeal from Supreme Court. Plaintiff concluded a homosexual marriage which the Ministry of the Interior refused to recognize, citing that the Marriages Act of 1959 applied only to heterosexuals. The Court of Appeal, which found in favor of the plaintiff, decided that a homosexual marriage was a liberty under Section 1 of the Bill of Rights (Chapter 2 of the Constitution). The Ministry appealed to the Supreme Court, which found in favor of the defendant, holding that it "goes against national morals" (in terms of the 'national interest' provision of Section 1) to allow such marriages. The plaintiff then appealed to the Constitutional Court. The Court upheld the Supreme Court's ruling, however added that the "national morals" defense was irrelevant. Chief Justice Howsham specifically stated that homosexual activities (not only marriages) violates Section 2 of Chapter 1 of the Constitution (the basic provisions), as it (within the interpretation of the court) goes against the Bible. The Grand Assembly amended the Marriages Act a few weeks after the ruling, and included that homosexual activities are illegal and punishable by a fine or community service.