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The legal pendulum swings again, less than a week after the Domestic Partnership Act 2017 came into force (legalizing same sex ‘domestic partnerships’/’civil unions’, but prohibiting same sex ‘marriages’).
There is much to be discussed and analysed in Chief Justice Kawaley’s judgment.
The Court’s own summary of the judgment is available here.
A simple internet search will take you to a range of news articles on the judgment, both in the local and international media.
I will try to address certain themes in subsequent blog posts.
The judgment requires some careful analysis, however, given the nature of the Chief Justice’s legal reasoning – and the constitutional issues which he addresses.
Both sides of the argument will have their appellate strategies under development – the issues will probably be heading to the Privy Council for final determination (possibly even the European Court of Human Rights), no matter what the…
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