In a groundbreaking ruling, a High Court Judge in the Turks and Caicos Islands has declared the denial of a spousal resident permit to a same-sex male couple as discriminatory and unconstitutional, despite same-sex marriage being illegal in the territory.
The case centered around Tim Haymon, an American, married to Richard Sankar, who obtained Turks and Caicos Islander status.
Richard Sankar, a realtor who has lived in the British territory for 27 years and is a Turks and Caicos citizen, married Tim Haymon in Fort Lauderdale, Fla., in 2020
The couple sought a resident permit for Haymon to work. Despite Haymon already possessing a homeowner's permit, the couple pursued the permit to secure Haymon's employment rights.
Haymon, who is American, in August 2021 applied for a spousal exemption under the Turks and Caicos’ immigration law on the basis of his status as a spouse that would have allowed him to legally live and work in the territory.
The Turks and Caicos’ Director of Immigration denied the application because its definition of marriage used does not include same-sex couples. Haymon and Sankar filed their lawsuit in October 2021.
“I am suing for the right to recognize our marriage,” Haymon told the Washington Blade on March 2 during a Zoom interview from Sydney where he and Sankar were on vacation. “Just like any other spouse coming to the Turks and Caicos Islands and marrying a Turks and Caicos islander, we’re just wanting the same rights.”
Justice Anthony Gruchot's ruling, released on March 13th, 2024, emphasized that denying spousal resident permits solely to heterosexual couples is discriminatory, violating constitutional protections. He underscored that while same-sex marriage is not legal in the territory, denying recognition of overseas same-sex marriages is inconsistent and illogical.
The court found breaches in the TCI Constitution, particularly in sections 9 and 16(3), safeguarding private and family life and prohibiting discrimination based on sexual orientation. Despite these findings, the court declined to modify existing legislation to address these violations.
The legal battle was spearheaded by Tim Prudhoe of law firm Stanbrook Prudhoe, representing the couple, with King’s Counsel Ivan Hare and Clemar Hippolyte representing the Attorney General’s Chambers. An appeal by the Turks and Caicos Islands Government is anticipated.
In response, Prudhoe highlighted efforts to resolve the matter without litigation, proposing civil partnership recognition legislation akin to the Cayman Islands. He warned of worsening implications for the defendants if they proceed with an appeal, emphasizing his clients' reluctance to resort to legal action.
The ruling marks a significant milestone for LGBTQ+ rights in the Turks and Caicos Islands, signaling a progression towards equality and non-discrimination in residency and spousal rights.