Government’s challenge to Chief Justice Anthony Smellie’s judgement to allow same-sex marriages goes before a trio of appellate court judges.
A decision on whether a stay of execution is to be granted is now expected Wednesday (10 April) at 3 p.m.
Attorneys for the government, as well as Chantelle Day and Vicki Bodden Bush’s legal team, made their arguments for and against a stay pending the outcome of the appeal.
Acting Solicitor General Reshma Sharma told the court government believes the Chief Justice in his ruling answered the wrong question in deeming section 14 as discriminatory. She also argued that changing the law from the bench was an overstep of the court’s modification powers.
Ms. Day and Ms. Bodden Bush’s legal team called government’s case ‘entirely without merit’ and said it falls far short of having a likelihood of success.
The couple’s wedding is planned for Wednesday (11 April).
It’s unclear how this adjournment will impact the wedding, but Ms. Day’s father called it ‘an inconvenience’ and indicated that, if a stay is denied, he expects the wedding to go ahead.
If a stay is granted, the couple would be forced to put their nuptials on hold.
Government filed its appeal Friday (5 April). Ms. Day told Cayman 27 she received notice of the hearing of the stay late Monday afternoon (8 April).