Public to pay for JR of Civil Partnership Law

| 07/09/2020 | 152 Comments
Kattina Anglin

(CNS): Kattina Anglin, a member of the conservative group, the Christian Association for Civics (CAC), has secured public cash for a proposed challenge to the governor’s use of his reserved powers to legalise same-sex unions. According to a social media post, Anglin has been granted legal aid for a proposed judicial review because of what was described as “the complexity/ technical nature of the matter and importance” of the action.

The CAC said the request for the court to review Governor Martyn Roper’s decision to use section 81 of the Constitution to assent to the law after it failed to pass in the Legislative Assembly is based on “overreach” by Roper rather than objection to same-sex partnerships.

However, Anglin, who recently acquired a law degree and is the public relations office for the Christian Association for Civics, has been unequivocal in her objection to giving gay couples the legal rights provided for in the Constitution on the grounds of biblical belief.

According to the CAC’s statement, James Kennedy, a partner in the law firm KSG Attorneys at Law, told the legal aid office when trying to secure the public cash for this fight that the action had merit because of “the overreach and interference of the Governor in the legislative processes of the Cayman Islands rather than the issue of gay rights per se”. He added that the issue had “significant public interest considerations and potential ramifications”.

Kennedy argued that it is “unlawful to use section 81 to remedy incompatibility as the Constitution specifically reserves that power for the Legislature”, and claimed that it is for the LA to remedy the breach of the Constitution, not the governor.

The goal is to use the case of Chantelle Day and Vickie Bodden-Bush, which is now before the Privy Council, as another reason why the governor should not have acted as he did while the action is still pending. Kennedy suggested that it “is conceivable that the Privy Council may reverse the Court of Appeal’s declaration of incompatibility”.

Anglin summed up her reasons for why she claimed she was seeking a judicial review: “My Constitution was being butchered, the majority of my people’s concerns were rejected and my legislators were being disrespected,” she stated in the social media posting.

“The majority of people are unaware of the dangerous precedent that is being set with the governor taking action in this way, although the government and its leadership makes no mention of it. I had no choice but to intervene in what I saw as a blatant violation of the Rule of Law.”

Anglin said she had a right to a judicial review. Nevertheless, but her legal aid award was limited and she is being asked to make a mandatory contribution of $4,000, for which donations are being solicited.

While the legal aid office may have accepted that there are issues to be argued, this will not be an easy challenge. The court has made it clear, twice, that the government and the Legislative Assembly were in violation of the rule of law by not providing some form of same-sex marriage equivalency a point accepted by the government.

In addition, Cayman remains in contravention of the European Convention on Human Rights, which was extended to the Cayman Islands at the government’s request in 2005, which means the UK must ensure that its international obligations are met. And regardless of the level of control Cayman has over its domestic legislation, it has virtually none when it comes to the UK’s international legal obligations.

Correction: An earlier version of this story said that Kattrina Anglin is a recently qualified attorney. This has been corrected to say that she recently acquired a law degree.


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Comments (152)

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  1. Anon says:

    This headline is incorrect/not factual. The JR review is in relation to the Governor’s use of his powers in section 81 of the Constitution of this country to pass the bill following its failure to be passed by the legislature. I.e. is this a correct use of this power. Forget what the bill is about.

  2. Anonymous says:

    She is NOT AN ATTORNEY has she finished her Law degree at TBLS??? Cayman “Lawyer” read the Constitution !!! Stop wasting my taxes on rubbish

    • Anonymous says:

      She doesn’t have to be a lawyer to file a suit.

    • Anonymous says:

      you’re such an idiot – you saying she isn’t an attorney but asking if she finished her law degree? And CNS as fool as you – why they don’t stop printing foolishness like this? Honestly, there’s got to be better to read than stupid remarks than this on this “news” site. Laughing really hard right now.

  3. Anonymous says:

    Thank you Chantelle and Vicky for standing up for so many. Thank you for your professionalism throughout this entire ordeal. It is you two that deserve to be Highlighted in every conversation about Equality from now on in these Islands. Thank You Thank You.

    Those who still choose to fight against equality, that will be their choice, but Love Always Wins ! Thank You.

  4. Anonymous says:

    Kattina has been set up to fail.
    Her God will have the last say.

  5. Anonymous says:

    I hope they one day will realize that they are taking sides on human rights and it puts them at odds with the rest of the population. You are now the enemy of all good people. Good luck with that in your future endeavors. No one will forget your face and name.

  6. Anonymous says:

    Strong courageous women like Kattina is what this place desperately needs! Go my fellow Caymanian don’t ever let these foreign fascist(and local) get to you.
    – Silent Majority 🇰🇾🇰🇾🇰🇾🇰🇾🇰🇾

  7. Anonymous says:

    TRIGGERED

  8. Anonymous says:

    Just imagine what these three islands could be if these so called Christians stood up against rape, incest, pedophiles, abuse of women, hungry and homeless people, animal abusers, high cost of living, CUC rates, no action on the dump, stabbings in nightclubs, sorry I don’t have enough time to list more. The point is they ignore everything even when it is videotaped and continue to make the LGBT community their one and only target for no rationalized reason except for the bible. Religion exist for one reason, CONTROL!!!

    • Anonymous says:

      Religion does exist for control, but Jesus sets us free.
      The love of God in this evil world is my only comfort.
      No one loves their children to control them. They love them so they can be secure in their love even if they don’t break world records.
      God is good. Satan is evil. It is our choice.
      The fence belongs to Satan, so get off it. 🙏

  9. Anonymous says:

    CNS should compile a list of all the challenges to legislation amongst other things the public has paid and in some cases continues to pay for if you want to stir the pot with biased reporting. Start with the recent challenge brought forward by Cuban asylum seekers who Voluntarily depart their home and arrive in the cayman islands to demand rights and for their spouses and children to join them from Cuba. The Cayman Islands government provides work for and assistance through NAU. All while struggling to maintain the growing number of indigents already in the islands. Oh, remember operation tempura?

  10. Anonymous says:

    Someone that know how, please make a survey poll and post it to stop this madness! Wasting government funds and court time on “futility”!!!!!!!!

  11. Anonymous says:

    This is bullshit! If Anglin wants to mount a challenge let her pay for it herself! There is too much a casual approach toward the use of, access to and spending (wasting) of public funds in Cayman.

    The DPB is a done deal, but while Anglin retains the right to object why would any court approve her access to legal aid?

  12. Anonymous says:

    The real problem of Cayman:
    RELIGION

    Keeping the people uneducated and religious is the only way people get up to protest over domestic partnership bill (that has little to no impact on their lives) but do absolutely nothing about the real problems that are keeping Caymanians down(discrimination, lack of social system and a terrible education system)

    • Anonymous says:

      People flock to religion because they are poor and disenfranchised. When there are secular alternatives, religion will vanish… so why has it not vanished yet? No funding to apply alternatives? Can’t reap social credit volunteering at a soup kitchen like you can from attending a church and get altruistic credit by doing nothing?

  13. Anonymous says:

    Have these people anything better to do with their lives, time, energy and money fighting against something that shouldn’t even concern them who cares if somebody wants to marry someone of the same sex. These anti LGBTQ are living in the dark ages typical banana republic. Another example of Cayman Kind I think not

  14. Anonymous says:

    A hater just hates. There is no love in these people. Just stay away and upwind of them and you will be fine. Their hate defines them and controls them. Stay away and try not to have anything to do with them. There is still a lot of love and happiness in the world. Just not around people like this.

  15. Anonymous says:

    The comments posted shows a real problem within the Cayman Islands as it relates to anyone brave enough to step to the plate and challenge the Government.

    The moment someone or a group of people decides to challenge the Government, there is always a mass of people that will do the Government’s job of fighting back without the Government having to do so.

    Although many of us are willing and ready to move on with these changes, there are others within our society who still deserve to have their voices heard…not ridiculed by the remainder of people with opposing opinions.

    Many are talking about other issues that need addressing, yet those issues are still thriving due to lack of action…when do we foresee addressing those other issues?

    What if the powers of our Constitution were being used to legalize Pedofilia? Would a challenge against the Government by someone or a group of people opposing Pedofilia also be considered a waste of the People’s money?

    • JDempsey says:

      “What if the powers of our Constitution were being used to legalize Pedofilia?”

      It isn’t.

      In any event, the fact that you would liken allowing consenting adults to enter into a civil partnership with who them please to child rape, shows you have no understanding of the situation.

      How about you instead ask “what if the powers of our Constitution were being used to legalise interracial marriage?” – that would be a far better analogy.

    • MOVE ON!! says:

      for the 1000th time, this is an EQUAL RIGHTS FOR ALL issue. Plain and simple! Allowing same sex couples the same rights that heterosexual couples have does not affect our daily lives! People marry every day and we go about OUR BUSINESS as usual, nothing changes! This bill will not, all of a sudden, see a drastic increase in pedophilia (as Anon 7:11 am must think). Teach our youth that love is love and to mind their own business might help mitigate any crazy thoughts that are stirring in these narrow-minding individuals heads! Insert eye roll here ffs, let’s move on and spend our public funds on EDUCATION, MENTAL HEALTH, DOMESTIC ABUSE (to name 3) rather than trying to fight off something that is fundamentally RIGHT!! You don’t have to like it, but everyone should have the same legal rights as anyone else!

    • We are paying for this 🤫t says:

      To 7:11am: I think you are missing the point. We would not care if she wants to don her perceived Joan of Arc rusty armor and joust the UK (because really, Mr. Roper acted on an order issued by HM) but not with OUR MONEY. If the churches wish to deplete their coffers, by all means go right ahead! But according to the stats above, 78% of people here do not support the initiative and yet Legal Aid is our money. That is the problem.

    • Anonymous says:

      7:11 – anyone who conflates being born gay with pedophilia has no credibility or integrity and is only pretending to have a legitimate discussion!

    • Anonymous says:

      7:11 in fact let me not gloss this with niceties – you are an ignorant piece of trash for suggesting that! Do you see ANY provision in our Constitution that legalises and reserves Pedophilia to a specific group of people?? Ponder the fact that your right to life is constitutionally protected despite your obvious stupidity and maybe you will have an inkling of what human rights are about!

  16. Anonymous says:

    Historic was the word she used on the radio, not realizing the number of complete and total useless bigots who have made history, just not the way they intended. Here’s another one for the books.

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