Judicial review of civil union law remains secret

| 15/01/2021 | 69 Comments
Kattina Anglin

(CNS): A law suit filed by local conservative, Christian activist, Kattina Anglin, seeking a judicial review of the governor’s use of his constitutional powers to implement the Civil Partnership Law is still not publicly available, even though it appears the case was granted leave to proceed. The case was accepted by Justice Richard Williams in November, according to an application filed with the Privy Council in the Day-Bodden case, but the application to the local courts remains under wraps.

The media is no longer able to do physical searches in the Grand Court and must now look online for writs, suits and judicial review (JR) applications filed in the civil division of the Grand Court. But not all documents appear to be making it to the new database in a timely manner, or in some case at all. As a result, a significant public interest case still remains largely unreported in the press and members of the public are unable to access the legal action for which they are footing the bill.

However, Anglin has also joined a separate application to the Privy Council by Bishop Nicholas Sykes and the Cayman Ministers Association to intervene in the well documented same-sex marriage case when it is heard in London next month.

The Privy Council has rejected this request but the submission in the application had made clear that Anglin’s case is proceeding in the Cayman courts, raising the question as to why it is still being withheld from the public.

The application to the Privy Council describes Anglin as the “plaintiff in an application for Judicial Review in the Grand Court of the Cayman Islands”, adding that leave for permission for that Judicial Review was granted on 20 November.

The document asserts that the permission was given in relation to the scope of the powers of the governor, as expressed in section 81 of the Constitution. It appears Anglin is challenging the governor’s implementation of the Civil Partnership Law on the grounds that this is not an ‘external affair’ and that the obligations arising from the ECHR do not necessarily make it so.

The argument is largely that the governor was wrong when he evoked the constitutional power he has under section 81 because it is meant to deal only with matters that impact foreign relations. Anglin is arguing that such ‘external affairs’ does not extend to compliance with international obligations.

The document also reveals that the attorney general has responded to Anglin’s case by arguing that the governor possesses jurisdiction to introduce the Civil Partnership Law, 2020 because it does fall within the definition of ‘external affairs’ within Section 55(1)(b) of the Constitution as it remedies a breach of Article 8 of the European Convention on Human Rights.

The actual intervention application to the Privy Council, which documents the progress of Anglin’s JR, is based on concerns that the attorney general has already made several concessions in this case. As a result, Bishop Sykes, the CMA and Anglin had argued that this could prevent the Privy Council from a full consideration of the relevant legal issues when they consider the Day-Bodden case next month.

The applicants go on to argue, among other points, that they should be allowed to intervene to present the full case against re-instating the chief justice’s ruling legalising same-sex marriage as well as the implementation of the Civil Partnership Law (CPL). They argue that the Cayman Islands Court of Appeal was wrong when it directed government to introduce same-sex unions.

They suggested that the CPL is a legal protection too far, as the ECHR allows for a “considerable margin of appreciation in respect of the degree or extent of such protection” given to same-sex couples.

CNS has contacted the courts on several occasions and the governor’s office regarding Anglin’s judicial review, and while the governor’s office has said it is unable to comment, the courts have consistently stated that the application is not a public document. However, we understand that the application was made in the normal way of all JRs and was submitted by James Kennedy, a partner at KSG Attorneys at Law and an experienced attorney, on behalf of Anglin.

The application for the judicial review has received legal aid. It was listed to be heard by Justice Williams last month but was adjourned to an as yet unconfirmed date. At this point, it remains a mystery as to why the public is not being granted access to the actual application.

CNS reached out to the courts again on Wednesday and we were informed that the inquiry had been passed to the relevant person and we are awaiting a response.


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Category: Laws, Politics

Comments (69)

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  1. Caymanian says:

    Bible Gateway Matthew 7 :: NIV. “Do not judge, or you too will be judged. For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you. “Why do you look at the speck of sawdust in your brother’s eye and pay no attention to the plank in your own eye?

    I am a heterosexual believer in Christ. However I do not agree with Kattina Anglin as apparently she thinks she is the judge and jury on how people live their lives.
    Those who are true believers should love one another regardless of their beliefs, skin color etc as the Bible says. When God or our time of death comes, we will be individually judged by him alone.
    Stop the hate and judgement as He is the only judge of how people choose to live their lives.
    Show more love, less hate.

  2. Anonymous says:

    All these brave souls shouting out that God does not exist will be the first to invoke God’s name as their plane starts its plunge towards the sea. #NotsoBravethen

    • Anonymous says:

      If you don’t worry about the wrath of all the gods you don’t worship, why should I worry about yours?

      Sincerely,
      Abassi

    • J|) says:

      Dead men tell no tales. Religion is a social construct designed to control the masses through the power of fear and uses the false promise of defeating death as the carrot on the stick to guide your hand to into the tithe bucket.

      Creates the entire universe but needs mortals who make $6/hour to fund their plan? Right.

      Promising something after this life is the perfect con, because no one can come back and expose the lies after the fact.

      • Anonymous says:

        Sure, it may very well be that and more. I don’t disagree with that point. Having said that, all men and women turn suddenly religious in circumstances such as those described above.

        • Anonymous says:

          Can’t agree with you. 8:26. There are beaucoup folks out there that know religion is a control gimmick. I even have quite a few kinfolk that believe there’s a god “up there” somewhere running the show………… but there isn’t. Those churches all want your money. About the same for the muslims, jews, hindus, buddhists, etc.

  3. Anonymous says:

    It be so nice if everyone cared less about imaginary gods and more about real people.

    #lame

    • Anonymous says:

      It’s her right to to object to homosexuality and to believe in God. Doesn’t mean she’s right on either count, but it’s her right. Only one whose lame is you.

      • Anonymous says:

        Homophobia is just as embarrassing as any form of discrimination towards anyone. But some seem to see it as a ‘value’ and motivation. Truly sad state of affairs.

        • Big Poppa says:

          Again, not agreeing with her stance… just supporting her right to freedom of speech and to object. Western society has, for the most part, already decided on topics such as homosexuality, abortion, etc. Objectors are in the minority. But they have and should have the right to object.

      • Anonymous says:

        I’m sure God and her life partner Doris will forgive her.

      • Anonymous says:

        Clue in to the fact that she is consuming our legal resources while exercising this so-called “right to be an idiot”. The sole purpose of which is to seek to bring additional hardships on long-repressed Caymanians who deserve our empathy and support. It’s not just mean-spirited, it’s being done on our dime! Enough!

      • JTB says:

        She doesn’t have the right to impose her weird beliefs on the rest of us, however

  4. Anonymous says:

    The man made laws of the land has nothing to do with the Devine energy – God, flowing amongst us.

    • Anonymous says:

      How about God flowing down to all the Pastors, and asking them to speak up against the drunken woman beating speaker .

  5. Anonymous says:

    Such a backward approach in the 21st century. Let the people be happy it should be no one else’s business. The hate on such a small island is disturbing.

  6. Anonymous says:

    All of you who don’t believe in God should stop collecting money (currency notes),especially the ones that say, ‘in God I trust.’ Oh wait a minute, the liberals don’t believe in that.
    One billion and growing, can you imagine if we all turn into Muslims? What would you declare then? Would you write or say anything about God there? You who don’t believe stand out in town so that we would know you. We want to know who you are.
    You who were born here? Maybe you came here from another place, put a sign on your door or wear a shirt so that we know you.
    What makes Caymanians the way we are is God, the love of God. If we don’t have God we have nothing. Fruits and vegetables grow and animals listen when you show Gods’ love. Successful actors and singers that you love always thank God in public and praise his name on stage.
    When more people in Cayman ever become the majority, things will change. Everything will change. You don’t have to go to church to believe in God. Believe in his word and pray to him. He always listens. When you wake up tomorrow and open your eyes everything you see has been created from or by God. When something goes wrong in your life the very next sentence out of your mouth is ‘God help me please.’

    • Unsaved says:

      @ 2:51 am: If you want to believe everything some holy man tells you that is O.K. with me. Just remember that others do not have to agree with you. It’s called “Freedom of religion”. If you want to give your money to someone saying he is going to save you, go ahead! I hope you will be happy being saved. I’m sure the person saving you will be happy too.

    • Anonymous says:

      I’m doing quite fine without God. In fact, His almighty Flying Spaghetti Monster graces me. My belief in him allows me to fight through the hardest of days. What makes me the way I am is the Flying Spaghetti Monster. If we don’t have Flying Spaghetti Monster we have nothing, no fruits, no food.

      Believe in his noodly appendage and pray. He is always listening

    • Cheese Face says:

      You who don’t believe stand out in town so that we would know you. We want to know who you are.
      You who were born here? Maybe you came here from another place, put a sign on your door or wear a shirt so that we know you.

      Are you any relation to that Adolf guy?

  7. Anonymous says:

    The Cayman Islands needs to move to an entirely secular means of governance. Just like race, religion should not play any part in running a country. Tolerance of each other’s way of life is required unless it is physically or mentally harmful (eg Scientology). Therefore, there should be room in Cayman for both the religious and LGBTQ communities to co-exist. With this in mind, the government should accept same-sex marriage as legally valid. However, I do not believe that any Cayman church or a minister should be forced by law to perform a religious marriage ceremony for a same-sex marriage if to do so is offensive to that church or the minister’s conscience. From the people of the LGBTQ community I know, none of them are suggesting this.

  8. Anonymous says:

    I am elated that the bullying of children who are of the sexual minorities in the name of religion has changed so radically in just a few years in our beloved community. It reminds me of how ridiculous the racial segregationists using the Bible seemed just a few years after Brown v. Board of Education in the US.

    • Anonymous says:

      What a waste of public funds. Is this really why you went to law school. What did you learn in your human rights case. Shame shame on you.

      Shut down this case and give the money to Leacock and other displaced tourism workers.

      • Anonymous says:

        Someone will want their money for JR. Look at what is going on in America. Trump after election. It is just as ridiculous. Nothing more.

  9. Anonymous says:

    Richard Dawkins is God. Only the relatively intelligent will actually see what I did there.

  10. Anonymous says:

    Kattina Anglin, and other cloud fairy worshipers, forget that the Cayman Islands is a Dependent Territory of the United Kingdom. The Cayman Islands have been granted a degree of conditional self-autonomy in its affairs, at the blessing of the FCO, and with oversight of the Queen’s Governor. Under these conditions, the Cayman Islands must adopt legislative frameworks to conform with UK and ECHR civil rights, whether they like it, or believe in it, or not. Our attitude and laws were found repeatedly to be deficient in the case of civil unions – for more than 20 years. We were warned at regular intervals. The Premier echoed these sentiments himself, both as Premier, and a former practicing lawyer. The LA then chose to fail to adopt accommodating legislation. The presiding Judges, along with QCs on both sides, openly concede we had Orders in Council a long time coming. It’s what ya get.

    • Anonymous says:

      “I hate your people because my imaginary father told me so through my bigoted myth provider.”

    • Anonymous says:

      12:37 there are no fairy worshippers in this country. you choose to belittle the people of these Islands for their faith and no one is calling you a XXXXX. So respect the land where you stand and it’s customs will ya, for it could very well happen that you may one day need the blood of a so called fairy lover. I really don’t care whether you are an expat or Caymanian, just stop and think of ya muddier and father. And what they would think of you.

  11. Anonymous says:

    This is going to cost us more money than the efforts to support agriculture in our country. Sad waste of money.

    • Anonymous says:

      I’ve said this from day 1. Since the gay people got their unions my life and family have been affected in NO WAY at all. Wish we could’ve just moved on and stop wasting money and time on the matter. Who are we to judge?

  12. Richard Stein says:

    You really just need to move on and into the 21st century. If a gay/lesbian couple want to get married, let them. It’s got nothing to do with you and your made up false god beliefs. If I told you I worshipped the Greek god Zeus, or the Egyptian god Ra, I would be branded as insane, so what’s the difference.

  13. Anonymous says:

    The Governor acted according to instructions from UK. It is not reviewable by any court. What is here to review? Correct me someone if I understand it incorrectly.

  14. Slacker says:

    I can’t believe I am paying for this ridiculous JR. As usual, the only winners will be the lawyers.

    • Anonymous says:

      And the winners will only be non-Caymanian lawyers too…

    • Anonymous says:

      This is why governments are fundamentally useless after:
      a certain size
      they pick up too many areas which they want to control.

      Governments are run by people. The same people who run major companies that most people love to hate. They state how we can never trust companies because they only act in their interest and once they have alot of money they have too much power, yet we expect governments to somehow be different with the same if not arguably more power than those companies.

      We need to realize governments do nothing but serve themselves and their club members so the best step is to remove reliance away from big brother and Papa Alden and learn self reliance and responsibility. Learn to work with our closest community members (household, neighbours, neighbourhoods and move out). If everyone did that, I believe that we would be in a much better situation.

      Then again, we are all people, subject to the same selfishness as every other human so maybe its impossible what I’m saying.

  15. Anonymous says:

    How does Ms. Anglin feel about the confessed and guilty woman beater occupying the Speaker position?

    • Anonymous says:

      Same church but perhaps a different pew.

    • Anoymous says:

      They are disgusting. Anglin and the CMA should be our there marching to remove the Speaker, Alison Ebanks and Sykes should be ashamed of themselves, along with all the elected members who are condoning the actions of McKeeva Bush.

      • Anonymous says:

        Third world is as third world does. Cayman Islands has a third world, unedumacated leadership. No one has the power to change that. It is what makes Cayman Islands special and different from most of the world today.

    • Anonymous says:

      She has publicly defended his actions on social media and said despite the video evidence it doesn’t paint the true story.

      Sometimes I’m ashamed to share a nationality with these people.

  16. Anonymous says:

    Imagine being inspired by a made-up religion to do harm to your neighbors. Imagine being motivated and led about by a nonexistent god.

    So weird.

    • BeaumontZodecloun says:

      Please. It doesn’t help this issue to meld religion into it; we should insist it be kept separate. It is a legal issue, and one of civil rights and equality.

      I understand that Kattina Anglin is wearing the cape of Christiandom, and I really resent that, because it implies an tacit agreement with her and all Christians.

      Judgement doesn’t belong to her or any of us. This is a question of persecution of a minority, or equality for all citizens and residents. Please. PLEASE let us focus on what is important and not blur it with comparisons to MP convictions or religious dogma.

      An aside: I think Ms. Anglin’s grin in the photo conveys far more than the sign. We should be better than this. All of us should be equal in the eyes of the law.

      • Anonymous says:

        No, at this point, it’s truly only the fanatical creationists that take any issue with the motherland’s governance flow chart. Nobody else. Even the QCs from both sides agreed.

        • BeaumontZodecloun says:

          Yes, I agree, however look below at 11:57, who focuses entirely upon their perceived lack of religion in regard to this issue.

          Do you see what I mean now? Religion muddies this issue. It doesn’t belong. I have my own religion and spirituality, but that is NOT the basis to address same gender marriage.

          We are talking about equality for all. It is NO different than people deciding white and black people couldn’t marry. It’s none of their business.

      • EqualRightToLegalChallenge says:

        Did you hear their degradation of the sexes on the “New Cayman CrossTalk”?..

        Not everyone who has a penis is a male or not everyone who has a vagina is female…

        They are perverting the next generation.
        Some of you may not mind your children being perverted (you don’t have control over then anyway), but there are many who still want good moral conduct. Without that many of you wouldn’t want to be in Cayman in a few years.

        They are not going to accept CPL quietly and go do their Business like heterosexual.
        They will be miseducating the next generation.

        And for those of you who don’t believe in God, wait till your MUST DIE..😭

      • Rick says:

        So you are saying that Anglin’s legal case is made on religion?

        • Anonymous says:

          Yes, the reason for her (and self-proclaimed Bishops) attempting to obstruct the civil rights of Caymanians, in regards to all things same-sex, is based entirely on Creationist religious dogma.

    • Anonymous says:

      Keep your atheistic opinions to yourself, I don’t want to be infected by your idiotic expressions. If people want to believe In God and follow the teachings of Christ what’s wrong with that? What makes your opinion any more correct than theirs ? Billions of people follow Christianity are you saying they are all wrong ?

      • Anonymous says:

        Noone can say they are right either. Religion steps way too far in attempts to affect lives of those who choose not to have anything to do with it. I doubt she would insist on JR if it was not something to do with gay rights, but let’s say, the right of women to vote or drive a vehicle. Like in some very religious countries.

      • Anonymous says:

        Yes.

      • Anonymous says:

        “I don’t want to be infected by your idiotic expressions”. Where does one even begin to comment on this stupid statement. Quick turn the lights out and hide under the bed before you become to gay. 😂

        And to your comment about billions of Christians, think you may be slightly exaggerating that one. First most none of your supposed billions ever go to church and second most of them are pure hypocrites.

      • Anonymous says:

        The issue with this is not weather your religious or not. it is a matter of law.
        Religion is faith based construct, to believe you must take a leap of faith and that is each persons right to do or not to do.
        The Law on the other hand is a lot more binary, are consenting adults rights being harmed? if the answer is yes then whose right is it to continue infringing upon them?
        Cayman is a democracy not a theocracy. if the Christians want to change that, then what church would lead the islands? would it be the Anglican? the Catholic? what about the Baptist or the Seventh Day Adventist?
        Democracy is built upon choice and it is no pastor or bishop or preacher’s right to demand societal change, just to advise their parishioners to the best of their ability

        • BeaumontZodecloun says:

          Thank you. Agree completely.

        • nauticalone345 says:

          Well said! I agree completely!

        • Rick says:

          You may think you are making sense, but you are not. Do not conflate law with democracy. They are distinct. Law determines the case, not democracy. If the law was about democracy, then Anglin would have had her way long ago. The legal position was put in place by legal dictates. Anglin is seeking to overturn the status quo using the law, which is her right. It is ironic that so many in this forum condemn her as an idiot when she is eminently more reasonable than most. Caymanians especially should not be so quick to condemn their own. I absolutely respect Anglin for her stance and actions in support of her beliefs.

        • Anonymous says:

          Civil and Human Rights, the international agreements we are party to, the legal judgments that buttress those agreements, and non-negotiable UK Orders in Council, are all thankfully not mechanisms of our corrupt democratic popularity contest, nor are they subject to revisionist theological decree…and thank goodness for that.

      • Anonymous says:

        Some more than others. It seems the myth-quoting Creationists here never reach past their dog-eared Old Testaments, into the New Testament in the second half of the Book, do they? That’s the storyline beginning 2021 years ago, where Christ was born in a manger, grows up in Roman-occupied West Asia, and starts teaching the “Good News” of tolerance and acceptance to his disciples, with gems like: “love one another as I love you”, “do unto others as I do unto thee”, “judge not, lest thee be judged”; later, dying for the forgiveness of our considerable sins, so that repentant humans might qualify for a sleep-number cloud pillow upstairs. That’s Christianity. These are not just rules, but Golden Rules, and it’s ironic that so few of Cayman’s remaining devout Sunday attendees possess or apply the requisite piety, honesty, and self-reflected repentance to even understand how to get there, considering how much of their Earthly lives they purport to have spent occupying those pews. Wasting everyone’s time, including God’s. If there is a God, they are probably pretty busy with chore-lists on a multitude of interstellar solar systems, planets, black holes, anti-matter, and inter-spacial dimensions, having created everything. Kattina/Nicholas Sykes grievances with unknown strangers they refuse to love, or even accommodate as fellow humans, is probably way down the Godly priority list, and their ruling is unlikely to be favourable for their chances at cloud qualification.

      • Anonymous says:

        Nothing wrong with believing.

        The issue comes in when you expect every Caymanian to lie by the Bible. Our constitution provides freedom from religion.

      • Hey s says:

        There is no God. The churches keep pumping it because it’s very lucrative!

      • Anonymous says:

        Faith may be defined briefly as an illogical belief in the occurrence of the improbable.

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