"The only stable state is the one in which all men are equal before the law." - Aristotle

On June 7, 2016, Bahamians will go to the polls to vote in a referendum on four amendments to the constitution, which, if successful, will be the first changes in the document that has served us well since it came into effect on July 10, 1973. Therefore, this week we would like to Consider this... what effect will the constitutional amendments have on our daily lives if, in their collective wisdom, Bahamians approve them?

Bill one
The first amendment will allow a child born abroad to become a Bahamian citizen if either his or her father or mother is Bahamian by birth. Currently, the constitution provides that a child born to a Bahamian man who is married to a foreign woman is a Bahamian citizen, regardless of where the child is born. However, a child born to a Bahamian woman who is married to a non-Bahamian man is not a citizen if the child is born outside The Bahamas. This is clearly discriminatory.

The proposed amendment seeks to correct this so that any person born outside The Bahamas after the coming into force of this amendment shall become a citizen of The Bahamas at the date of his birth, if at that date his father or mother is a citizen of The Bahamas by birth.

The first amendment seeks to correct that unequal treatment between married Bahamian men and married Bahamian women. Voting yes to this proposed amendment would remove the current discriminatory provision against Bahamian women. Voting no would allow this discrimination to continue.

Bill two
The second amendment will allow the foreign spouse of a Bahamian woman to obtain Bahamian citizenship in the same manner as a foreign spouse of a Bahamian man.

Currently, the constitution provides that a foreign woman who is married to a Bahamian man has a constitutional right to Bahamian citizenship, upon application, after marriage. No such similar constitutional right is afforded to a foreign man who is married to a Bahamian woman.

The proposed amendment seeks to correct the unequal treatment of Bahamian men and women who have foreign spouses, permitting the foreign husbands of Bahamian women to be able to apply for Bahamian citizenship in the same way as foreign wives of Bahamian men. It should be underscored that, as in the case of foreign wives of Bahamian men, foreign husbands of Bahamian women must make an application for citizenship.

In neither case is citizenship automatic. The proposed amendment also contains provisions enabling applications for citizenship to be denied in cases of marriages of convenience, or where the spouse is unsuitable on the grounds of national security or public policy considerations, such as if he or she has been convicted of a serious criminal offense. These provisions are designed to prevent and protect the community against abuse.

Voting yes to this proposed amendment would remove the unequal treatment of Bahamian women with foreign spouses.

Voting no would allow this discrimination against those married Bahamian women to remain in our constitution.

Bill three
The third amendment will allow an unmarried Bahamian father to pass his citizenship to his child born out of wedlock. It seeks to achieve gender equality.
Currently, the constitution provides that only the Bahamian mother of a child born out of wedlock is able to pass on her citizenship to her child.

The proposed amendment seeks to correct this by giving both the father and the mother of children born out of wedlock an equal right or ability to pass on their citizenship to their child. However, the father must provide legal proof that he is indeed the father.

Voting yes to this proposed amendment would remove the unequal treatment of children born out of wedlock to Bahamian men. Voting no would allow this discrimination against Bahamian men to remain in our constitution.

Bill four
The fourth amendment will make it unlawful to discriminate against a person on the grounds of sex. The amendment defines "sex" as being male or female.

Currently, the constitution prohibits discrimination on the basis of race, place of origin, political opinions, color or creed, but does not prohibit discrimination by virtue of a person being either male or female.

Of the four proposed amendments, bill four is perhaps the most controversial, misinterpreted and misunderstood. Some persons who oppose its passage have suggested that its enactment will open the door for same-sex marriages in The Bahamas. Nothing could be further from the truth.

By the addition of the word "sex", as defined as being male or female, the proposed amendment only seeks to prevent Parliament from being able to pass a law which is more in favor of a man than a woman, or a law that is more in favor of a woman than a man. For example, if this amendment is passed Parliament will not be able to pass a law requiring a male to retire at an earlier age than a female, or a law requiring a female to pay higher health insurance premiums than a male. Without this amendment Parliament can do so.

Nothing in the proposed bill changes the law that marriage in The Bahamas is between a man and a woman. Section 21(c) of the Matrimonial Causes Act clearly states, that: "A marriage shall be void... [if]... the parties are not respectively male and female." The bill does not change that position.

It is therefore vitally important for the electorate to understand that those who suggest otherwise are seeking to confuse, mislead and deceive persons into believing that affirming this amendment will lead to same-sex marriage.

Voting yes to this proposed amendment would remove any form of discrimination against a male versus a female. Voting no would allow that discrimination to occur.

Conclusion
The framers of our constitution recognized that the seminal document that gave birth to the Commonwealth of The Bahamas, like those of other democracies, was not a perfect document. Many democracies, ancient and modern, have amended their constitutions in order to take into account the changing realities that govern their polity. National constitutions are organic and will always allow for the reality that national development is constantly a work in progress.

Those persons who are persuaded to rectify these deficiencies of our original constitution but have not yet concretized the conviction of their conscience to do so, and who might require some encouragement for doing the right thing, should be inspired by the words of the late Rev. Dr. Martin Luther King, Jr. that: "Injustice anywhere is a threat to justice everywhere." We cannot create a just society when we have a unique opportunity to correct any injustice and fail to do so.

It is vitally important for equality to be reflected in the supreme law of the land. Those persons who are genuinely confused about how to vote in the upcoming referendum should honestly seek to learn and understand what each proposed amendment is intended to address and what deficiency is being sought to be rectified. Such voters should not be motivated by fear and confusion; they should become educated.

At the end of the day, if we genuinely believe in the equality of women, equal treatment of all citizens under law and the removal of repugnant discriminatory practices, the June 7 referendum will afford a historic opportunity for Bahamians to do the right thing.

And the right thing to do must be to amend our constitution by resoundingly voting yes to each of the four proposed amendments.

o Philip C. Galanis is the managing partner of HLB Galanis and Co., Chartered Accountants, Forensic & Litigation Support Services. He served 15 years in Parliament. Please send your comments to pgalanis@gmail.com.

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