LGBT activists ask who will enforce BoR

| 04/02/2020 | 72 Comments
Cayman News Service
Billie Bryan, President of Colours Cayman

(CNS): With no sign of the legal framework for same-sex relationships that the government was directed to create by the appeal court, local LGBT activist group, Colours Cayman, is worried that no one is enforcing the Bill of Rights and the situation will be worse once the constitutional reforms are in place. In a letter to Governor Martin Roper asking him to step in over marriage equality, they raise serious concerns that Caymanians will be forced to take all human right violations, not just gay rights, to the UK because no one here is upholding them.

“The fact that we are having to essentially beg for your intervention when there is a breach of the constitution and an order from our Court of Appeal to address it ‘expeditiously’ is not being acted upon, demonstrates that the current system adopted in the Cayman Islands constitution for ‘Part I’ is not working,” said Billie Bryan, the founder and president of the non-profit advocacy group, in her letter to Roper this week.

“This is so because it subordinates the fundamental rights and freedoms of all persons in the Cayman Islands to the whims of the majority to the extent that, locally, there is absolutely no effective legal means of ensuring the enforcement of the Bill of Rights,” she added.

Bryan wrote to Premier Alden McLaughlin last month raising concerns about the lack of enforcement regarding government’s violations of human rights in general as well as over this specific issue. But she said she has had no response or even an acknowledgment from him.

As a result she took her concerns to the governor. She has now urged him to explain how Caymanians will be able to protect their rights, given the current situation that has left the need for laws to be compatible with the Bill of Rights in the hands of a government that makes the unconstitutional legislation in the first place and has demonstrably failed to address human rights violations when they occur.

The LGBT group noted that previously, the only course of redress regarding laws found to be incompatible with the BoR by the courts, as was the case with marriage equality, was section 81 of the Constitution, which allowed the governor to legislate for Cayman if necessary. But the constitutional reforms, which the government expects will be implemented via an order in council this month, repeal that section, leaving no one here to stop the government from continually breaching the human rights of its citizens.

Bryan asked the governor directly why human rights do not appear to matter when all other parts of the constitution are treated differently.

“The local judiciary must enforce every single part of the constitution, even against the will of the majority, save for the Bill of Rights; now your powers to do so at your discretion are being repealed,” the activist wrote, as she urged some form of remedy. She warned that the UK was “setting the foundations for a system of governance” here where the elected government can trample over the rights of minorities and that the only protection now available was thousands of miles away.

“If protection and enforcement of the fundamental rights and freedoms of all people in the Cayman Islands can only be achieved by petitioning and pleading with Her Majesty to effect change in the law by way of Order in Council directly from their colonial master, how on earth is that a step in the correct direction of devolution and respect for the largely devolved system of governance?” she asked.

“Even if rarely engaged, there must be a local back-stop means by which to ensure that all persons in the Cayman Islands are able to have their fundamental rights and freedoms set forth in the Cayman Islands constitution enforced,” Bryan wrote. She added that it is absurd to suggest that “good governance” does not include having the power to ensure local adherence to the rule of law regarding human rights.

Bryan made it clear that the advocacy group has no desire to derail the constitutional reform. But she said there must be a solution that respects the local constitution, voted to be put in place by referendum and supported by a majority, and our ability to solve issues locally.

In the absence of any action to address a court finding of human rights violation in the well documented case of Day and Bodden and the lack of any provision for same-sex couples, Bryan said Colours was taking the issue to London and is lobbying the UK parliament, with plans to take the matter to the High Court in London on judicial review if the order in council affecting the constitutional reform goes ahead.

Chantelle Day and Vickie Bodden, who were refused a marriage certificate because they are the same sex, took their case to the court and won. But the Court of Appeal struck down the move by the chief justice to change the marriage law from the bench, siding with the government’s interpretation of the constitution that the judiciary cannot legislate for parliament regarding the bill of rights.

While the appeal court declared the same incompatibility, they did not think that marriage equality was necessarily the only solution and directed government to introduce and equitable framework to “expeditiously” provide same-sex couples with civil unions of some kind.

That was in November, but without any set time-frame, three months later government has still not brought the necessary legislation. Having just ended its first meeting of the year with no date of return, there is still no indication when this law may be implemented. This despite the fact that for more than four years government has been well aware that it is violating the rights of Day, who is Caymanian, and her fiancée, Bodden, who is British.

However, they are not waiting around just in case government finally decides to address its long running violations of their rights and have appealed the decision of the appeal court by taking their case to the Privy Council, with the hope of still achieving full marriage equality.

Colours Cayman’s concern is that this could happen to any Caymanian applying to the courts to challenge what they see is the violation of their rights. That could be, for example, a challenge over the right to a fair trial, to practice the religion of a person’s choice, their freedom to move around or to assemble.

While the current case relates to the controversial subject of gay marriage, the advocacy group is arguing that this issue of a lack of ability to secure enforcement goes much further. This absence of a route to securing the rights set out in the Constitution undermines the entire validity of the Bill of Rights, rendering it “just an expression of desires and wishes only”.

See the letters to the governor and the premier in the CNS Library.


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Category: Laws, Politics

Comments (72)

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  1. Anonymous says:

    The government has no business in the bedrooms of the nation.

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  2. J|) says:

    The church bots came out to play, so did we.

    Greets to ~s3k, Void, Abys, tekka

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  3. Anonymous says:

    Message to Billie: You are so impressive and inspirational to show such strength amidst so much evil and ignorance here in your own country. We have a lot of maturing to do as a society. But we’ll get there some day, thanks in large part to people like you who stand up for themselves and for what is right.

    For centuries it has been heroes like you who pulled and pushed civilization forward. Women’s rights, children’s rights, civil rights, it always starts with a brave person speaking up and saying “No more”.

    I admire you, as do many others I’m sure. You may never know how many people you have inspired. But know that what you are doing is bigger than gay/trans rights. You are helping all of us build a more humane society.

    Don’t let the crazed backward-looking religious fanatics deter you from your mission. You are on the right side of history. You will win. It may take a long time, too long, but one day you will win and their cause will lose. It has to go that way because they represent the worst of humanity while you represent the best of us.

    Stay strong.

    #lame

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  4. MR says:

    I see more hate for Christians and traditional family on these comment threads than hate for LGBTQ –

    I am beginning to wonder exactly which group is facing the most discrimination and ridicule because the things people post about our national religuon to which we attribute as the foundation of our islands’safety and success are outright mean, oppressive and hateful simply because some people choose to believe in a supreme universal power – wow… thought LGBTQ life was all about love .

    The Cayman Islands would be your usual crime and violence zone if our people were not primarily grounded in God-fearing lives… we would not have been so welcoming and so warm and all the jazz that caused the world to want a slice of this paradise without belief in a merciful God.

    Male is male, female is female – even spanish language has male and female. How can “modern” humans be confused with something as simple as gender???

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    • Anonymous says:

      You really don’t have a clear idea what it’s all about. Male, female, confusion , etc… I am a gay male and I am not confused for a second. And I believe in God. A kind loving God. It’s about equality. Which confusion are you talking about?

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      • David Shibli says:

        The true God will honour his order. Let us just wait and see. There can be no hate. If God is real, He will answer, if not, business as usual.

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      • Sledge says:

        Equality as you define it

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      • MR says:

        Perhaps I speak from my own experiences then because I identified as bi-sexual from 10 yrs old until I was 27 yrs old when I meant a partner of the opposite sex that gave me the confidence to believe I could be loved and appreciated by the opposite sex after giving up on them.

        Being exposed to sexual adventure at a young age without having anyone to talk openly and honestly with left me confused without knowing I was confused – only now as I near 40 and spend time reflecting on my life do I realize how my experiences during childhood and in abusive relationships made me find more confidence and comfort with the same sex.

        Looking back I think I felt more comfortable at that time with the same sex because I felt closer to them and like I could understand them better because we were the same and that they could understand me – removing that worry about indifference in the relationship.

        Had I not left my mind open to the possibilities of love with the opposite sex I would have missed the amazing opportunity to find my soulmate and have 9 beautiful children.

        Anyway, now I am so pleased and happy in the arms of my opposite sex partner and understand how wonderful it is to have the gender difference in a relationship and the benefits of unity between 2 opposites that combine for sex, making a family and the emotional and mental support that can be shared – the strength and beauty of the opposite sex unit as nature intended it cannot be replaced or substituted.

        Funny enough even with same sex couples the majority of the time you will find that one or the other partner still assumes the male or female role – this shows the importance of the masculine strength and feminine gentleness in every relationship – love is indeed beautiful – it is like a safe haven in a crazy world.

        To make it clear, I am not against people who decide to find comfort and love with the same sex, obviously.

        However, I wholly believe that MARRIAGE (as in, the proclamation of 2 people to the law and the world and the universe that they have chosen to spend their lives together through thick and thin) should be strictly reserved for male and female as nature intended it to be for the continuity of the human race through natural reproduction.

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    • Anonymous says:

      Hey “MR”, do you ever stop and think about the things you believe? Try it. You say that Cayman would be a “crime and violence zone” and would not be “so welcoming and so warm” without belief in Jesus. Pause and think. You seem to be saying that your kind of Christian is law-abiding, welcoming and warm only because of your belief. Seriously? That is weird, sad and scary.

      Most atheists, Hindus, Muslims, Buddhists, etc. don’t rob, rape and murder because . . . wait for it . . . they know it’s wrong to do those things. How do you suppose they manage that little moral trick without believing in Jesus? Are they just better people than you? Are you a rapist and a murderer held back by Jesus? I doubt it. I’m sure you can and would be a decent person without your religion.

      Chances are, you would be a better person if you were not a fundamentalist Christian because then your mind would not be soaked with the idiotic divisiveness and hate the Bible and some preacher have burdened you with.

      Break free. Be decent and be fair to others. Be human.

      #lame

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    • Anonymous says:

      The so-called Christians hate the LGBTQ community. Normal people hate the intolerance shown by the so-called Christians. It’s not the same thing.

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    • Anonymous says:

      This is the truth! Thats why its hated.

  5. Anonymous says:

    Probably the root cause of the widespread cancer epidemic too. Right Tony?

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  6. Discrimination is discrimination says:

    I cannot believe that some people still think that being gay is a lifestyle choice, rather than inherent at birth, or even prior. Why would anyone choose to be maligned, ridiculed, and denounced the way gay people are here by some people? If they could choose to be gay, wouldn’t they just choose to NOT be gay when faced with all the backlash that being gay comes with?

    People seem to forget what it is like to not be treated as equal. If you are black or Latin or a woman or Asian, I’m pretty sure that you’ve felt the sting of discrimination at some point in your life. Put yourself in the gay person’s shoes.

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    • Anon says:

      You can choose to be gay in the privacy of your own home just like I can choose to pray in my own home. We don’t need to go through Courts, ignore voters, and impose our lifestyle on others. That’s being respectful. Nough said 🙂

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      • Anonymous says:

        Being gay is legal. Sodomy is legal. Partner Equality is legal and supposed to be expeditiously codified, but our AG and legislature are too arrogant, self-absorbed, and lazy to uphold these rights. Then there are dimbulbs that don’t like the reality they can’t keep up with.

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  7. Anonymous says:

    Billy needs to realize that he does not speak for the majority and to try to force this change when there is no political mandate to do it is totally undemocratic. The courts cannot go against the will of the majority and that was clear when they kicked the issue back to the Legislature. If Billy wants this to happen he needs to get the majority of our elected representatives who we voted for and out there to pass the changes to the law and that will not happen because we have not told them to do it. If Billy wants to pick a fight with the thousands of registered voters over this issue he is free to do so. Or he can present a petition signed by the required number of people needed to trigger a referendum. If he manages to do that then the politicians will act… nothing will happen before the democratic process is respected.

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    • Anonymous says:

      Peurile to purposefully use wrong pronoun and name spelling. Playground stuff

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    • Anonymous says:

      This mindset couldn’t be more wrong. Human and Civil Rights laws are designed to ensure minimum standards for everyone – especially oppressed minorities, and those MUST be supported by the Attorney General, judiciary and law enforcement. Personal or theologic opinion has no place in the metering out of minimum standards. This is one of many improper echelons of justice in the Cayman Islands.

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    • Anonymous says:

      Majority power is only part of the picture. Take a civics class. If everything came down to what the majority wants it would be mob rule. Doesn’t work.

      The rule of law, fairness for all, protection for all are no less important. A healthy, decent society protects all its citizens, even those in the minority.

      Did you really need to have this explained to you? Seriously?

      #lame

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      • Reality says:

        So now you have a problem with real participatory democracy? While the ignorance spouted most recently on the floor of the LA shows one extreme of this debate and it certainly is sad to say the least, to see the other extreme showing such hypocrisy is just as disconcerting and unacceptable.

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      • Anonymous says:

        What a diseased opinion. Leave democracy alone.

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    • Anonymous says:

      And you need to realise that your view also does NOT reflect the majority of Caymainians.

      You all who don’t support equality and operate from a place of fear always shout the loudest, while I, as a lesbian Caymanian, have been accepted by a MAJORITY of the Caymanians in my life, including my grandparents, my aunts and uncles, cousins and friends.

      Open your mind. Perhaps travel a bit?

      Save this negative energy for issues that need actual attention – for example the rampant grooming and sexual assault of minors on this Island, often carried out by older men in our community who identify as straight and Christian.

      Great article Colours Cayman and thank god for Billie.

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      • Anonymous says:

        to 2:14 pm .the God of creation is spelled with a capital G ,so maybe you’re thanking another god.

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      • Caymanian Citizen says:

        Sorry, but you my dear don’t speak for the majority much less a minority on this island. If you want changes in law do it the right way. We have MLAs and a democratic system.

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        • Anonymous says:

          She doesn’t speak for the majority or a minority? I don’t think you can speak at all. Basic human rights are part of the law here. The LA has to implement them. Presumably to protect people from the likes of you.

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    • Anonymous says:

      No. Cayman has a legal duty to uphold basic human rights, even if the voters include a large contingent of poorly educated, bigoted, ignorant plebs who believe in magic sky wizards.

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  8. Cayman spectator says:

    🙄 As if gays are being beaten, flogged, and dragged on chains, stoned, and persecuted by Caymanians !!! Thank you CNS and Billy ! Your gay trophies are really stale. Is there anything new?

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    • Anonymous says:

      Frederic Bise, and his friends and relatives, might disagree. He was beaten, flogged, RAPED, put in trunk of his car and set alight. That was followed by 8 years of BOASTFUL ADMISSIONS from born Caymanian perpetrators, and finally, the RCIPS and DPP decide they could no longer hold their noses and ignore the reports they were receiving. That’s the operational efficiency of the Cayman justice system.

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      • Anonymous says:

        There’s plenty of others, locals too. Not to the same degree but certainly physical harm, they just don’t like to talk about it.

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      • Get a life says:

        What?! FYI, Anglin had a long rap sheet. He assault many people whether gay or straight. XXXX The court had no evidence to prove his murder was a hate crime because he was gay! Really?! Is this the one case you can come up with to prove GAYS ARE OPPRESSED in Cayman ??? 🤣lololol … please give us sources where gays are being tortured, persecuted, or assaulted because they are gay… You really don’t have anything! You are just building a false case so laws can be made to your favor☝🏾

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  9. Anonymous says:

    I feel like Colours needs to be more front and centre. Whilst I realize and see the hard this particular row is to hoe, so to speak, the only way things get done here is to make your wheel squeak loudly. I support this group whole heartedly, I just hope they have the wherewithal to be more loud and proud.

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    • Anonymous says:

      A petition that pretends to argues about the impropriety of the AG as a cover for abuse against sexual minorities. Whatever faults the AG has that he should be removed for, by attaching it to evil of homophobia, you undermine the duty to the people by attacking the very people you purport to be defending.

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  10. Anonymous says:

    Sam Bulgin is the common denominator in all the legal and governance problems we see. Governor should remove him as a first step.

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  11. Anonymous says:

    Easy – the same people enforcing the sipl law

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  12. Anonymous says:

    Cayman is still third world in this and many other respects. You can not change this. They will not do it. They can not go along with anything they don’t understand. They don’t understand a lot about the modern world. You would be better off talking to the UK to force it on them.

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    • Anonymous says:

      Yawn Yawn, Then why live in such an archaic place ? Please elaborate on how this issue and the other “respects” makes the Cayman Islands ” third world”. Who are the they you’re referring to ? Because our constitution considers everyone a Caymanian, whether by birthright or status. The UK ? now thats a fine example of a harmonious society to model one’s own after lol. Its so sad that the Cayman Islands have been the most welcoming and tolerant to so many people from around the world and these hypocrites have nothing good to say in return. Yet won’t leave.

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      • Anonymous says:

        The third world edumacated locals make it third world.Third world corruption makes it Third world. Third world law enforcement makes it third world.Third world schooling makes it third world. I could go on and on. You who can see no other point of view but your own make it third world. If you have never left third world you don’t know. I am here but not for anything having to do with your third world status and will leave when I am ready too. You can’t leave and survive.

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    • Anonymous says:

      You can, doing the right thing should be easy.

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    • ThIs WrItInG Is VeRy IrRiTaTiNg says:

      Wow, you couldn’t make this stuff up. He needs to retire.

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    • FYI says:

      He is defending Christians on this island from being persecuted, branded haters, and wringful discriminators just because they don’t endorse your lifestyle, but see it as a sin. This is a right for a Jew, Christian, Muslim, et cetera… to be protect from groups like the hard-left liberal LGBTQ group. These rights are part of freedom of religion and speech. Regards

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      • Anonymous says:

        please tell, how are Christian being oppressed in a country that has a national religion? This is always the cry when people seek equal rights, as if giving the same rights and freedoms to group B is taking the rights away from group A.

        This victim mentality is hilarious as is the is belief that Cayman is somehow gods chosen land. Yes I’m sure that god looked down upon the Cayman Islands upon their creation and said “yes, these uninhabited rocks in the middle of ocean is where I shall place my chosen people, and if they in particular should stray from the way then at that point will i bring my wrath”. This over bearing sense of self importance is laughable and I believe this level of pridfulness is a sin?

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      • Anonymous says:

        Next earthquake we may not be So lucky,REPENT .

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        • Anonymous says:

          😂😂😂

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          • Anonymous says:

            These thumbs statistics are close to the days of Noah.

            • Quaker says:

              As it was in the days of Noah, the days of the rainbow … Eventually, this minority will become the majority, and the faithful minority will have to run into Ark alone. But … feel no way. Strive to keep the moral laws, pray, and stay in good health. They may wave their rainbow flags – only to fulfill prophecy against them 😉 ☝🏾

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              • MR says:

                The great thing about LGBT becoming the majority would only be that within 10 yrs we could drastically reduce the world’s population without war and/or disease…

    • Unison says:

      I stand by all 13 members / 5 Absentees, supporting Anthony Eden’s motion. Yes, it was introduced just after the largest earthquake we had ! It is not hard to accept. I find it very democratic that: –

      If the LGBTQ or gay community and groups like Colours, want their socalled rights respected, they must respect the “natural protective rights,” conscience, and free speech of all parents, ministers, and the religious voting block☝🏾 In a democracy, it must work both ways.

      The fact is, you can’t be saying you follow the LGBTQ crowd for liberty and equality, and then push for laws TO BE ENFORCED ON ALL that disregards the “natural order” or the process of evolutionary offspring. You are going to cause conflict.

      You can’t be saying your for “Love Wins,” and then push for same-sex parenting laws that disregards the RIGHTS of children to be guaranteed a mom and a dad.

      You can’t be pushing for laws that disregard the RIGHTS of parents to steer their childrens education and protect them from what they see as immoral and contrary to their culture.

      And MOST IMPORTANTLY you can’t be pushing for laws that disregard the RIGHTS of people to OPENLY oppose the homosexual lifestyle as a good thing. It is their freedom of speech☝🏾

      This is a TIMELY motion from Gd,

      Unison

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    • Anonymous says:

      To believe nonsense like this in the 21st Century. Wow! Just Wow 😃

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    • Anonymous says:

      I remember attending an event with Eden as the lead speaker in 2007 and he seemed decidedly a couple of beers short of a six-pack back then. We were treated to a rambling speech including numerous totally irrelevant references to his service in the US military. Over the years since I’ve tended to avoid reading anything he says but caught the headline in the Compass. After reading it I’d say the six-pack is now empty and the only thing left are the plastic rings.

      I respect his right to express an opinion but he needs to respect the fact that coming out with comments like this while still an elected representative of these islands is guaranteed to harm our reputation abroad. If he was a public servant this would be classed as bringing the government into dispute. Hopefully, he’s not seeking re-election at the end of this term.

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    • Anonymous says:

      🤣🤣🤣 what a f—king joke!! Worldwide virus and Caribbean earthquake all because Cayman same sex views

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      • Anonymous says:

        Eden’s points would have been much more forceful if the earthquake and virus happened after the Chief Justice legalized same gender marriage but both happened after the court of appeal overturned same gender marriage, isn’t it more possible that the earthquake and the virus are God’s wrath at the court of appeal’s decision overturning same gender marriage.

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    • Anonymous says:

      At this point, most of the Legislative Assembly, including Speaker, should be held in contempt of court. Lawmakers don’t have the “parliamentary” privilege to defy the Judicial Review verdicts that have been handed down in the last year. The Governor’s ONLY JOB in times like this, is to step in, remove the impairments, and get the justice system operational. If that means removing obstructions like the Attorney General, or other individuals, then that’s what needs to happen.

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  13. Al Catraz says:

    In the long run it doesn’t matter. Every Caymanian will have the right to stay out of the gated communities, keep off the beaches and not to enter the resort compounds surrounded by concertina wire and patrolled by armed guards. Those are your rights.

    Seriously, look at the disappearing beach access and government inaction on that problem. Now, of course, every God-fearing Caymanian is interested in keeping LGBT people off the beaches, since they shouldn’t have the same rights as others, but if you think the government is going to care when it is YOUR claim of equal rights, good luck to you.

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  14. Anonymous says:

    Billie. Colors Cayman can sue in the Cayman Courts for breaches of the constitution. Just sayin.

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    • Anonymous says:

      No, you will only (at best) get a declaration of incompatibility if you go to court, with the result that nothing at all will happen to address the breach, unless the government decides to change the law.

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      • Anonymous says:

        Ummm, and yet the constitution confirms that anyone whose rights are breached can be awarded damages.

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