The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

ATTORNEY Wayne Munroe, QC, yesterday criticised Marco City MP Greg Moss’ assertion that Court of Appeal President Anita Allen should recuse herself from potential cases involving same-sex marriage because she appeared prejudiced against the marriage status quo during a lecture on Tuesday.

Dame Anita spoke at the eighth annual Eugene Dupuch Distinguished Lecture at the Hilton.

Amid backlash directed at Dame Anita, Mr Munroe stressed that it is not unusual for sitting judges to give lectures.

“All she said is that the right to equal treatment is not just a right to equal treatment for Christians, so the question is how do we square the constitutional right to equal treatment with discriminating against people because of one’s Judeo-Christian values? It was an argument rooted in the law.

“All Anita Allen (did) is look at ways you can argue against a ban for same-sex marriage. Before one goes to argue a case before a judge, the judge will do their research and come with their preliminary questions and perspectives. I would be happy that she exposed what the law says as she finds it because if I have different authority than she does, I could bring them to the court to persuade her.”

Mr Munroe said he has “never seen” Mr Moss, a lawyer, “on the other side” arguing in a court, suggesting the parliamentarian is not well versed in some matters of law.

During her lecture, Dame Anita suggested that without a statutory provision clarifying that same-sex marriages would be unlawful in the Bahamas, one cannot conclusively say the law prohibits such unions.

Both Mr Moss and Constitutional Commission Chairman Sean McWeeney, QC, disagreed with her, telling The Tribune that in the absence of a clear statute, the common law interpretation would prevail, and it would say that a marriage is between a man and a woman.

Mr Munroe disagreed with their views, saying the Constitution gives people a right to family life and privacy, “which means a right to marry”.

“Show me how this part of the common law is received in The Bahamas,” he said. “Either you can do that or you can’t.”