HR expert argues CJ wrong on gay marriage

| 28/08/2019 | 107 Comments
Cayman News Service
Dinah Rose QC

(CNS): Government has dug deep into the public purse to fight its appeal against the chief justice’s ruling earlier this year that legalised same-sex marriage in the Cayman Islands. As the much-anticipated hearing opened Wednesday, government was represented by Dinah Rose QC, a leading human rights expert from the UK, alongside Sir Jeffrey Jowel QC, the constitutional expert who had argued and lost the original case brought by Chantelle Day and Vickie Bodden.

Rose argued that Chief Justice Anthony Smellie was wrong when he accepted the case put forward by the two women and changed the marriage law as a way to deal with the lack of any legal framework to recognise same-sex unions.

Rose presented the crown’s case for appeal to a packed courtroom. Supporters of Day and Bodden, law students and a number of people opposing the couple’s right to marry were present, including Education Minister Juliana O’Connor-Connolly, who spent most of the morning’s proceedings in court and returned again for the afternoon session.

As the QC outlined the government’s case, she conceded that government had an obligation to introduce a legal framework to protect the rights of same-sex couples. But she argued repeatedly that, in line with the European Court of Human Rights and other international treaties and obligations, that did not mean same-sex marriage.

She also contended that there was no power in the Constitution for the chief justice to amend the marriage law as he did, and “the judge was wrong” when he did.

Rose accused the Cayman Islands’ top judge of misunderstanding case law in his ruling, which led him to make the decision that section 14 of the Constitution is discriminatory and even unconstitutional. She said his ruling was flawed and there was no legal basis for him modifying the law. She also accused the respondents of reinterpreting the arguments made by the chief justice in the appeal case.

Rose, who is a human rights expert, said the Cayman Islands Constitution was not one where discrimination was prohibited across the board, and argued that there was no need to justify section 14, the part of the Constitution which, the government argues, only preserves the right to marry for opposite-sex couples.

The QC told the appeal court that the trial judge was wrong when he described the Marriage Law as unconstitutional and discriminatory because it was based on religious principles. She argued that there was nothing to suggest that the motivation for the 2008 law was religious.

However, the government has consistently fought against allowing gay marriage because of Cayman’s Christian heritage.

Rose argued vigorously that the chief justice was wrong to find that the Constitution discriminated against Day and Bodden because they could not marry, and that he had no legal authority to modify the marriage law to address the problem.

But she conceded that the government was still in breach of the Constitution regarding the discrimination against the couple with respect to its failure to provide a legal framework for same-sex unions. Asked by the court how she was going to address that, she said she could not do so.

Rose said that government has not yet decided how it will provide the same rights to same-sex couples as those afforded to opposite-sex couples if gay marriage is not legal. She said the solution would depend on the outcome of the appeal.

The government, with the support of the opposition benches, has already passed a motion to pursue this case to the Privy Council of the United Kingdom if the appeal should fail this week. It is therefore apparent that it has no plans to rectify the issue of discrimination for Day and Bodden and other gay couples wishing to marry in the Cayman Islands, which the chief justice had sought to remedy.

Rose concluded her submissions on the government’s appeal just after 4pm Wednesday. Day and Bodden’s legal team will respond on Thursday, as the case continues.

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  1. Anonymous says:

    I am married but do not believe in God[ I married because I love my wife and would still love her even if I found out she was lesbian or transgender or anything else. I would not appreciate anyone telling me who I can and can’t commit too. One of the reasons I am not worried about going to heaven or hell is that I would hate to spend eternity with the supposed Christians who preach nothing but hate.

  2. Anonymous says:

    In my experience the most vociferous anti gay persons are themselves closet homosexuals. When I hear some people in Cayman talk it’s obvious why they are so bitter.

  3. Anonymous says:

    Whilst I am in favor of gay marriage I am really outraged that so many people in Cayman go against gods word and regularly eat shrimp, lobster and whelks. God made it very clear in his bible that this is an abomination. Do people not realize that consummation of conch fritters will result in eternal damnation? A good fried snapper on the other hand is good for both body and soul. I regularly eat fish so I am pretty sure my lifestyle will secure me a plaice (haha) in heaven.

  4. Anonymous says:

    Religious extremists always have to find something to fight about and everyone wonders why we have all these wars across the globe and division between people living on the same soil and, breathing the same air as everybody else. The age old my god is better than your god and you must do as he say’s are burn in hell mindset. Pathetic. Please fade away in silence.

    • Anonymous says:

      Brother will kill brother
      Spilling blood across the land
      Killing for religion
      Something I don’t understand
      Fools like me who cross the sea
      And come to foreign lands
      Ask the sheep for their beliefs
      “Do you kill on God’s command?”

  5. Anonymous says:

    If nothing can happen without HIS knowing beforehand that it is going to happen; nothing happens without HIS permission; nothing can happen that HE chooses to prevent, doesn’t it make the Creator distinctly responsible for everything that happens?

    • Spiritual but not Religious says:

      Indeed, we are here to pass a test, the test of life. And HOW WE LIVE is all that matters. Not what we do, it is HOW. And it is “He” that determines our destiny.

      • Anonymous says:

        Govt.need have laws that says same sex people can have a civic union, that says, i now pronounce u partner and partner ( not husband and wife, for husband is a man and wife is a woman) so they the same sex people in a civic union to have the same privileges as a man and wife. But if someone says my wife then everyone will know its a woman and the same for a husband will mean a man. But if they say partner it could mean man or woman. I am a strait Caymanian man married to my wife a woman, and i don’t have any gay people in my family, but gay people is just that, people, and they deserves to live their lives like they want and have same rights.

        • Anonymous says:

          I’ll continue to call my husband my husband, thank you very much. Same sex marriages performed abroad are already recognized in Cayman. This whole case is just about discrimination against gay Caymanians, who can’t marry in their home country.

    • Anonymous says:


    • Anonymous says:

      And how you know He is a He?
      If He is in charge with everything, then Evil comes from Him too. Correct? And that means we must be here almost like a “passing thru” stage like catepillar to Butterfly. And there is no way our characters can be developed without Evil. So, He is very wise indeed.

      But, if you can’t accept this view of the Supreme Being. Then your next route is to go atheist, and say there is no such thing as a Supreme Being because Evil is separate from Him, and prevails over the good. So, we are on our own temporal journey. There are no absolute morals; we make our own morality. We are the only god.

      Many LGBT fans I would say, fall in the latter category. Only few that have faith, believe Evil is in His control, and is being used for His ends. They pray to and acknowledge this Power.

      • Anonymous says:

        Interesting observation . But I will never let go of a Supreme being for atheist, humanist, or lgbt indoctrination. It makes more sense to me to have absolute morals, or, else any thing goes! Someone bigger than us has to have the last say. And nature is clear with the male and female need for the continuation of life. If I just follow my desires and call it good, I am in for alot of trouble.

    • Anonymous says:

      HE. HE. HE. How do you know its not SHE?

  6. Anonymous says:

    Never forget that Ms Rose QC, like any other highly competent lawyer, could argue exactly the opposite to what she is arguing now if the other side had gotten to her first and had the huge resources required to pay her. I reckon she will be on at least 750 pounds sterling an hour. This should come out of our MLAs’ salaries.

    • Anonymous says:

      You don’t need to be a Q.C. to win a case. In fact, whoever is on the other side in this case will probably win, because there is no same-sex union framework in place in Cayman right now.

      The Cayman Islands are a colony and really have no say in the eventual creation of a same sex union on par with what exists in the UK. In the BVI homosexuality was decriminalized by an Order-in-Council in 2000 and the BVI had absolutely no input in that decision.

      What hypocrites Caymanians are, with all their hatred for gays and foreigners and the neighbour next door, all while claiming to be Christians. It is very comical to watch this play out.

    • Anonymous says:

      At least!

  7. Bertie : B says:

    Hey my Beautiful ladies , it was quiet there for a while , but here come all the closet gays again attacking something that most of civilized society has already approved . And nobody that I have heard of has caught the gay gene . God Bless and throwing big hugs your way . Stay strong , your right and don’t let them tell you that you cant be in love .

  8. Anonymous says:

    So the CIG will at some stage seek to give Same Sex Unions equal rights as man/woman love, but will not go that 1 extra and final step of granting the right of marriage. Rome wasn’t built in a day and all that, and the christian community are perfectly entitled to their beliefs and traditions, as are the lgbt and everyone else, equally really. However, it does seem clear that we’re a generation or less away from total equality, all this is doing is kicking it down the road, maybe 3 or 4 general election cycles, and in meantime causing a lot of harm to those being discriminated against, for no real, tangible benefit to those who’d seek to underscore the discrimination other than ‘its not what we do here’….except, nothing is what we do here, until it is.
    Does everyone know being gay isn’t contagious? and has anyone read the old testament and all the ‘back door action’ his supreme holiness oversaw?
    anyway, how can i blame Dart for this please?

  9. Anonymous says:

    Clearly there are anti-Caymanians trying to change the moral fabric of Cayman on here. While the CJ is sympathetic to the lesbian couple, his decision is wrong and cannot be binding on the people of these Islands. Marriage in the Cayman Islands has always been between a man and a woman. It’s written in simple, plain English in the law. Those of you challenging that are plainly delusional and ignoring facts. Marriage is between a man and a woman.

    • Anonymous says:

      Both of my parents were born here. All four of my grandparents were born here. All eight of my great-grandparents were born here. Most of my great-great-grandparents were born here.

      Yes, I consider myself lucky to not be suffering from what must have been a certain amount of in-breeding, but I have to ask: What in the hell are you talking about the moral fabric of Cayman?. These so-called morals are from mostly “imports” peddling christianity (with a small c) as the best paying job they could have dreamed of.

      True Caymanians have always struggled to survive and had no time to be criticizing and passing judgment on others. We might have envied what others had, but nobody that I know ever wanted to deny anyone the right to love, and marry if necessary, the person of their choice.

    • Anonymous says:

      Moral fabric? Is this the same fabric we hide spousal abuse, child abuse, assault, murder, drug use and theft under? Cayman is an amazing Country and has a wonderful people who for the most part are accepting and loving of their LGBT+ friends and family, they also support them being protected legally. The CIG had the chance to offer civil union and they did nothing and took a gamble that they will lose one day. I would love to see all those with this moral fabric you speak of stop focusing on what two consenting adults do and focus on the other issues. We have a culture of spousal abuse and child abuse(molestation & rape) that no one has the backbone to address, where are the prayers and outrage over that. Those are the ones who are truly evil and for the most part are heterosexuals. So show your moral fabric and address those issues. The MA should be ashamed of their silence and inaction when it comes to these issues, but perhaps if they spoke up their money would dry up?

      • Anonymous says:

        spousal abuse, child abuse, assault, murder, drug use and theft are not christian traits. Neither is same sex marriage.

    • annonymous says:

      10:19 you missed the point. They had no choice but to seek marriage because the CIG refuse to put legal framework for Civil Union/Partnership in place.

      They expected the CIG to put CU in place so their would have been no need to sue. CIG didn’t even have the common decency to reply to the letter; and have no intention of putting anything in place to date.

      All you haters should be questioning why the CIG is wasting our money fighting this case, when all they needed to do was to legalise same sex unions and none of this would be happening now.

      All the money spent on this case could have been spent elsewhere, education for example, buying school supplies for children so teachers don’t have to take it out of their own pockets. i know that this is happening right now.

      What all the so call christians who turn out every day to protest in the name of God should be doing is holding the CIG accountable for wasting public funds. You can oppose without spouting hatred.

      It is a disgrace that we have two consenting adults, living under these conditions. The CIG have no intentions to ever put forward the legal framework for CU or CP. Their plan is to drag this out as long as they can.

      CJ Smellie knew that he had to rule exactly as he did because he knew the CIG are spineless and wouldn’t put anything in place. The Appeal Judge know this as well, which is why the lead insisted on a time frame for a declaration. That doesn’t mean CIG will comply…I bet they will waffle and do as they have been doing…sit on their butts…collect pay… and do not a damn thing…

      But karma knows no fixed address…today for me tomorrow for you. Its disgraceful what the CIG is doing…you can do what you want…but not for as long as you want.

      Election not too far – we must speak through our votes. Karma don’t take too long these days…

  10. Anonymous says:

    Oh look, another “news” article advocating same sex marriage on CNS. Shocker

    CNS: You either didn’t read the article or didn’t understand it. We’re reporting on a Court of Appeal hearing with important ramification and one that many people are interested in. You are suggesting that this case is not newsworthy, which is pretty idiotic, whatever your views on same-sex marriage.

  11. Anonymous says:

    If the framework for “unions” comes into force then it MUST be available to all persons. There will be many opposite sex couples who also do not wish to “marry” but desire the security & protection of togetherness.

    • Civil Unions a NO, NO says:

      If you support civil union, you still support gay rights base on a sexual lifestyle, and hence you will eventually support same-sex marriage. Thos happened to Obama, then he eventually caved in to ssm.

      A truely and fair conservative person will at least base rights on what is in accordance with the Natural Order, male and female. Not on religious beliefs and sexual preferences.

      If gay people want a wedding, let them do that in their own gatherings. Just don’t make it a law to be imposed on everyone. Thats liberalism, leftist thinking, opposite to conservatism. Most Caymanians are conservatives.

      CNS: The part that are getting wrong is that it would not be a law that is “imposed on everyone”. If you are not gay, it won’t affect you at all unless you make it your business and, frankly, that would be weird. Opposite-sex marriage is legal. That does not mean that you have to get married – it is not “imposed” on anyone, it is an option. It is also none of your business if it doesn’t affect you.

      Conversely, you want to impose your beliefs on other people by preventing them from enjoying equal rights. You can call it “natural order” or “Christianity” or the “Order of the Straight Only Spaghetti Monster”, it makes no difference.

      • Anonymous says:

        Hello… Cns, you said its not being imposed.. then why make it law?!

        CNS: So that gay couples have the option of getting married, “option” being the operative word.

  12. Anonymous says:

    You’d think JuJu would be better off spending her time, being paid by us don’t you forget, sorting out the mess in her own Ministry. Wotes, its all about da Wotes.

    • Anonymous says:

      Minister of Education spending her day in court for this?? Let that sink in. Failing public schools and this sorry excuse for a human cares more about the outcome of allowing gay marriage then she does about the schools she’s “in charge” of! It’s pathetic and sad— so all the gay children in her schools can gain comfort knowing that she doesn’t want them to have the same rights as heterosexuals. Real class act!
      Someone FIRE HER ALREADY!!!

      • Anonymous says:

        In her mind, same sex marriage is more of a threat to children than poor education in an expensive, fast-moving, modern, competitive financial services hub. This is because in her mind and the minds of many others, this is not a fast-moving, modern, competitive financial services hub. It is a proud, simple land of sun, mangoes and Christianity where the only thing that matters is that the Bible says God says it is an abomination for a man to lie with another man. It is one thing that these religious types do not have to imply or ignore from the Bible; it is clear what is being spoken of and prohibited, so they cling to it as the absolute moral imperative. No homo = no problem. Comply with the state religion = you are in the clear on everything. From that, all other ills here flow.

        Ironic considering British missionaries gave Caymanians religion to put a stop to louche behaviour. Now you can get everything else wrong about being a human as long as you go to church.

        • Anonymous says:

          Doubly ironic that some peoples adherence to the commandments is, well, selective. But I would disagree with your last statement. Being gay and going to church is not going to help you with that audience.

          • Anonymous says:

            Never said it would, because I don’t consider being gay and getting married to your partner something wrong.

      • Anonymous says:

        Go back to work Ju Ju, earn your pay, not the votes that come with bigotry.

      • Anonymous says:

        Sorry… school just started a few days ago so no one is failing anything – yet. Also, Ju-Ju is not only the Minster of Education. She’s also the Minister of Children and Family Services so she has a right to advocate for the best social structure for our society. XXXX

        If I lived in the Brac I would ‘wote’ for her every day of the week.

        CNS: The deleted section was hate speech.

        • Anonymous says:

          How exactly is her sitting in Court advocating for anything, whether you agree with her (and your) views or not? She is a bystander. A bystander getting paid to do another job, not watch a judicial circus.

          • Anonymous says:

            If she doesn’t have an opinion then why is she there? We all know she is not the thoughtful sort who just wants to see what is happening. We all know what her opinion is. She goes where her bread gets buttered and her constituents are going to love seeing her sitting there staring down the heathens and those foreign judges.

      • Anonymous says:

        Wow, can I say hateful?!?!…that’s some really harsh words coming from a LGBTQ “loving” person, calling an Honorable Minister a “sorry excuse for a human”…if you are the epitomy of the kind of persons supporting Same-sex Marriage and gay rights, then you are just as wrong as the “hate spewing Christians” here in Cayman. Lord God please spare us all from these hateful ppl. Btw, I love the gays and lesbians in my family and friend circles, but do not and will not support Same-sex marriage ecause I dont think we need to add another sin to all these that we already have here…like the hate you has purported towards Mrs. Juliana! This just my two cents worth😭

    • Anonymous says:

      To be fair, I dont think she is pretending to be bigotted against gay people to get votes – I think thats genuine. Hence taking the time out of her workload in sorting Cayman’s chronic education problems to attend court and listen to submissions over which she has zero control or involvement. Imagine if your employees all said they were off to watch the trial because they had deep Christian values instead of simply reading the court reports or awaiting the judgment. SMH.

    • Anon says:

      Meanwhile local Scholarships for students wanting to further their Education haven’t been dealt with yet even though schools are open.

  13. Anonymous says:

    7:42 well said. Every written word is absolutely correct. Bravo!!!

  14. Anonymous says:

    She argued that there was nothing to suggest that the motivation for the 2008 law was religious…..

    Did she choke when speaking those words, or did someone not tell her how many “reverends” sat on the committee?

  15. it's coming -- and soon says:

    There’s only one reason for government’s mean and shameful waste of the public’s money on this case: to suck up to the churches. And why suck up to the churches? Because the politicians want their endorsements come election day. It’s as simple and crass as that. Meanwhile, the churches are more than willing to constantly foment homophobia because they mistakenly believe that hatred is a better way to glue the flock together than love. Shame, shame, shame on all of you. For heaven’s sake, Cayman bigots, get over yourself: The gay community deserves as much right as anyone else to access the freedoms and dignities of our society. And get this: Even if you bigots refuse to let your hatred go, gay marriage is coming to Cayman — and soon. Bigots, go ahead and vote against me all you want, but we will ALL be better off for the arrival of marriage equality on Cayman. High praise for Vickie & Chantelle for their amazing courage!

    • Anonymous says:

      Who says our politicians are opposing the LGBT just for church votes?

      And who says are churches are preaching hate against other people?

      Please back your claims with sources.

      • Anonymous says:

        Mr. 9:52 am, If you don’t believe the politicians suck up to the churches for votes, you are very naive. It’s like Nation Building”.

        • Anonymous says:

          We all know that, but thats not what the commenter is trying to portray with our politicians, here.

  16. Anonymous says:

    I really hope the original decision is upheld. Let’s face it, the intricacies of legal debate here are just being used by a few people to cover the fact that they hate gay people.

    It’s 2019. Wake up. Spend your energy on something that will actually benefit the community, territory, region or world. There’s thousands of things to rail against, this shouldn’t be one.

    • Born Caymanian says:

      Please tell us how are Cayman leaders are hating gay people?

      • Anonymous says:

        How about the enlightened JuJu encouraging protesters to attend the planned wedding between two women?

        The fact is most people have no issue with the gay marriage. Unfortunately, those that do have an issue have the loudest, irritating voices and capacity to thumbs down comments via manipulation.

      • Anonymous says:

        By not teaching you difference between “are” and “our”

      • Anonymous says:

        I see you were clearly educated by JUJU lol

  17. Anonymous says:

    Dude, take the gay legalization back home and get it legalized their first if your such a champ!

    Hey….how come so many people come here and want to force things on US??

    • Anonymous says:

      She’s Caymanian champ! I grew up with her.

      • Anonymous says:

        I know a man that used to work Cayman Airways. Went to the UK. met a man. Got married. I heard he is now Happy as a Hog in mud.

        What’s the point.? I respect him.
        He did not try to force his home country into something that he is well aware not acceptable or constitutional.

        So another point. If these two women claim they love each other so much.
        What is the hold up to get married in UK where they met and are living?
        At another time in life when half of us older traditionals Caymanians are not around, maybe then they can bring their legal marriage certificate and ask for it to be recognized in a different court argument.

        This two individuals is asking the Cayman Islands to change the law for them.

        That my darhling is not the way love works.

        Nuff respect to you Frankie. Stay happy bo bo.

        In 1955 Rosa Parks refused to give up her bus seat to a white man in Montgomery, Alabama, because she understood that it was discriminatory. That’s how fighting for civil rights works, courageous people asking the country they live in to change the laws because they believe they are wrong.

        • Anonymous says:

          Hopefully, CNS cleared the haze for you. I may not agree with their life style but it’s not mine to live and they deserve to live free of persecution and discrimination, especially as a Caymanian wanting to live where she grew up.

        • CayChamp says:

          Cns, kindly explain to us, how on earth do you equate gay “rights” with civil rights that black people fought and died for? They are “born” with dark skin color!

          CNS: If you don’t believe that people are born gay, I can’t help you.

        • Proud Mother of Chantelle Day & her Partner Vicki Bodden says:

          You have a nerve to make the comment you made. My daughter Chantelle have every right to fight for equality more so in her own country.

          Yes she is asking for Cayman to change the law for her. Tell me how will it hurt you me or anyone else when she gains the rights?

          I am super proud of my daughter Chantelle, and her partner Vicki for being so courageous. Granting them CU or Marriage doesn’t affect you, me, or anyone else. They are two consenting adults who just want to get on with their lives.

          Live and let live. Leave them alone and get on with your life. All you people should focus your attention on things that really matter in our country. I respect other people views but seriously some of you have real issues.

          This is her country too so she has every right to settle here with her loved one same as you and anyone else.

          • Anonymous says:

            And many of us are proud of your daughter for fighting and being brave.

            I don’t think it is just asking the law to be changed for them, it is asking for a whole bunch of people who have yet to come and those that didn’t quite have the bravery of your daughter. It is about fighting for what is right, for love and for equality.

            Also be proud of yourself that you raised such a strong woman.

          • Anonymous says:

            8:56 am, the mother. Agreed with you. You said partner. Not wife or husband
            Thats the way it should be for same sex civic unions, not marriage. Same sex civic unions should have the same rights as a man and woman marriage , but should be called / named different to be partner and partner and not husband and wife. C I Govt. Get it over with and legalize same sex civic unions for these people, remember they are people and deserves the same rights like the rest of us have
            I am strait man married to a woman, but i love all good people and don’t like criminals.

      • Anonymous says:

        Cuban English Caymanin but ok.

        • Anonymous says:

          Ah, so yet another type of Caymanian, And not just a language differentiation, but an accent based differentiation. We are really getting into the detail now.

  18. Anonymous says:

    Lose the appeal. Lose the referendum. Real World 2 – Cayman 0

  19. Anonymous says:

    Hopefully CIG prevails.

  20. Anonymous says:

    CNS I really wish you would be unbiased and just let this play out..I know it affects you personally but please try to keep yourself above the fray.

    You are the last bastion of reasonable news as Of Reg has effectively shut down Cayman 27 and the Compost err.. Compass is so biased and one-sided not to mention the mouth -piece CIGTV.

    Stay the course!

    CNS: I think there’s a compliment I there somewhere, not full-throttle (“a bastion of reasonable news”) but appreciated. And yes, we intend to stay the course. About this article, there is nothing non-factual in it, and it’s an accurate summary of events. Also, this case does not affect us personally any more than discrimination of any kind negatively affects all of society. You don’t have to be gay to support gay rights.

  21. Anonymous says:

    Bad enough that this appeal is costing the public purse but utterly appalling that the Education Minister can spend the public’s time in court satisfying her personal feelings instead of doing the work under her responsibilities!

    • Anonymous says:

      These are the people our peers constantly put in power every four years. What a sad situation.

  22. Anonymous says:

    Should we even be discussing this while the case is going on. Normally the “comment closed” comment would apply. Why not in this case?

    CNS: The comment box is closed on criminal cases so as not to prejudice the verdict. This is a civil case.

    • JTB says:

      The distinction isn’t really between civil and criminal, but between cases which have a jury and those which don’t. Contempt rules and reporting restrictions exist to ensure that juries decide cases only on the basis of the evidence allowed according to the rules. Trials or appeals heard by judges alone, without a jury, whether criminal or civil, are not subject to such restrictions because judges are presumed to be able to resist the temptation to take account of extraneous material.

  23. Anonymous says:

    I hope CNS gives an equally detailed summary of the arguments tomorrow.

    CNS: Yes, we are covering this every day.

    • Anonymous says:

      The QC is corrrect, she has no more power to address the so called failure to provide a legal framework for same sex marriage than the Chief Justice has. That can only be done by legislation.

      • Anonymous says:

        So how do you address a situation where government refuses to bring that legislation?

    • Anonymous says:

      Or you can ask Julie, she seems to like getting paid to sit down in court

  24. Anonymous says:

    LOL. They are bound to lose this appeal since no other same-sex legal framework has been put in place and the QC admitted that “it depends on the outcome of the appeal.” Oh God. Hilarious!

    • Anonymous says:

      Its the “soon come” defence. The credibility of which is a tad undermined by already flagging an appeal to the Privy Council, but hey, do you you think CIG gives a damn how we are perceived internationally or how much money this costs instead of just getting on with it and introducing civil unions?

  25. Anonymous says:

    welcome to 21st century…caymankind style……..zzzzzzzzzzzzzz

    • Anonymous says:

      fighting the time’s changes as if time waits for any man

      waste of my tax money

      • Anonymous says:

        Dorian is just a reminder how quickly your time can change.

        • JuJu's Scriptwriter says:

          Yep – its a warning from God. Next one is going to hit us if we don’t clamp down on this gay nonsense. That’s why its headed to Miami.

          • Anonymous says:

            XXXX off.

            CNS, censor the swearing if you must, but I can’t say anything to people like this but XXXX off. So many die from natural disasters that affect people from all walks of life, and brain-addled commenters like the above just enjoy splurging their fantasies of revenge for the public to see, ignoring the multitude of people that suffer so they can get their rocks off imagining the “wrong ones” getting punished. They can seriously XXXX off and go to XXXX.

            • Anonymous says:

              You did read the posters pseudonym, right? JuJu’s Scriptwriter. Any faint sense that its sarcasm? That maybe 9:09 is the one with the problem?

          • Anonymous says:

            Yep that is why that country is in so much turmoil from the top to the bottom!

      • Anonymous says:

        Far from a waste of taxpayers money.

        It is immature and irresponsible to rely on an ‘end justifying the means’ argument.

        If this constitutional point is lost then the implications for other areas under the constitution are significant. Education rights, voting rights, who can stand for election all would be changed because of the CJ’s peculiar interpretation.

        It’s important to settle the matter a the higher court level.

        • The Burden of Proof says:

          The government has consistently fought against allowing gay marriage because of Cayman’s Christian heritage.

          All of this controversy over some god no one can prove exists.

          • Anonymous says:

            That you can’t prove, or accept, exists!

          • Anonymous says:

            dare you to prove God does not exist

          • Anonymous says:

            “When you do things right, people won’t be sure you’ve done anything at all”

            We aren’t supposed to know if he exists or not. If we did know that he existed, we’d stop being the human race and spend 24/7 worshipping. If we did know that he didn’t exist, everything would be on fire very quickly. The balance of doubt and belief is what enables humanity to go on not knowing what its genesis or history really is.

        • Anonymous says:

          Born and raised Caymanian and I wish expats could run for office. Unna opened the gates wide open and we’re outnumbered on our own island.. Might as well give them the keys while we’re at it. Maybe then we’ll come out of the year 1960.

        • Anonymous says:

          Only the ignorant will thumbs you down in support of “gay rights.’

        • Anonymous says:

          The CJ’s interpretations are not peculiar and are only relevant because the Government has failed in its legal obligations.

          • pete says:

            Still does not give the CJ the authority to make that change. By the way how does the same sex situation work with our constitution? Seems as if to satisfy the CJ ruling you would have to change that as well.

            • Anonymous says:

              Not if the Constitution is not a constitution or if it’s indeed unconstitutional

              • pete says:

                anon 1240 we all have been calling it our constitution and I believe it was vetted or approved by the UK.

                • Anonymous says:

                  For Pete’s sake, its a Constitution Order and it’s not worth the paper it’s written on.

                  • Anonymous says:

                    Ugh. If you’re going to make that comment, you know better than to make it. The UK didn’t give us a Constitution to disregard it. There must be order and the Constitution Order provides that.

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