Turks and Caicos government ordered to recognize gay couple’s marriage

The Turks and Caicos Islands’ Court of Appeal has ruled the British territory’s government must recognize a same-sex couple’s marriage.

Richard Sankar, a realtor who has lived in the British territory for nearly three decades and is a Turks and Caicos citizen, married Tim Haymon in Fort Lauderdale, Fla., in 2020.

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 initially denied the application because its definition of marriage used does not include same-sex couples.

Haymon and Sankar filed their lawsuit in October 2021. The Supreme Court heard the case in November 2022.

The court in March 2024 ruled the government’s refusal to issue a work permit exemption for Haymon violates the Turks and Caicos’ constitution that bans discrimination based on sexual orientation. The government appealed the decision, and the Court of Appeal heard it in January 2025.

The Court of Appeal in September dismissed the government’s appeal. It released its decision on Oct. 27.

Stanbrook Prudhoe, a law firm in the Turks and Caicos, represents Haymon and Sankar.

“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,” Haymon told the Blade during a March 2024 interview.

Haymon told the Blade he has received his “spousal certificate that gives me residency and the right to work” in the British territory in the British territory. The government appealed a 2022 Supreme Court ruling that ordered it to give him the certificate, but the Court of Appeals denied it.

The Supreme Court ordered the Director of Immigration to grant Haymon a residence permit. He told the Blade he received it on Monday.

The Turks and Caicos are a group of islands that are located roughly 650 miles southeast of Miami.

Consensual same-sex sexual relations have been decriminalized in the British territory since 2001.

The constitution states “every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.” The constitution also says “every person in the islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, color, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth, or other status.”

Then-Cayman Islands Grand Court Chief Justice Anthony Smellie in 2019 ruled same-sex couples can legally marry in the Cayman Islands. The Caymanian Court of Appeal later overturned the decision, and the British territory’s Civil Partnership Law took effect in 2020. 

Then-Bermuda Supreme Court Justice Charles-Etta Simmons in 2017 issued a ruling that paved the way for gays and lesbians to legally marry in the British territory. The Domestic Partnership Act — a law then-Gov. John Rankin signed that allows same-sex couples to enter into domestic partnerships as opposed to get married — took effect in 2018.

Bermuda’s top court later found the Domestic Partnership Act unconstitutional. The Privy Council, a British territories appellate court in London, upheld the law. It also ruled same-sex couples do not have the constitutional right to marry in the Cayman Islands.

The Turks and Caicos government has until Nov. 24 to appeal the Court of Appeals decision. It remains possible the Privy Council’s Judicial Committee could hear Haymon and Sankar’s case.