Governor had power to pass civil partnership act
(CNS): The Cayman Islands Court of Appeal has dismissed an appeal brought by a local Christian group challenging the governor’s power to enact the Civil Partnership Act in 2020 after parliament voted down a government bill. The appeal court, which had already directed the government to deal with the lack of legislation to uphold LGBT rights, said the case should have been thrown out even before the judicial review.
The ruling, written by Justice Sir John Goldring, the president of the Court of Appeal, agreed with Justice Williams, who heard the judicial review and rejected the original argument that the governor used the wrong powers. The appeal court found that the governor did have the power under section 81 of the Constitution, and it was a matter entirely for the United Kingdom Government under which section it wished to act.
“It is in my judgment clear that the Governor, in exercising his reserve power under s.81 to introduce and assent to the CPA, far from failing to respect the Constitution, acted entirely in accordance with it,” Sir John wrote in the judgment, delivered by Justice Cheryll Richards on behalf of the higher court, which is not currently in session.
The need to impose the law, from the UK perspective, was because Cayman was falling foul of international human rights treaty obligations. Anglin argued that it was not a matter of external relations, which are part of the governor’s powers, but international affairs, which she claimed was different.
The appeal was heard in May of this year and brought by Kattina Anglin in her role as part of the Christian Association for Civics. It was described during the proceedings as an academic exercise since as Anglin had already been forced to accept that the governor had the power to enact laws here. But she had argued that Martyn Roper, the UK’s representative at the time, should not have used his powers under section 81; instead, the UK should have imposed the law through an order in council.
After finding against the arguments submitted by Anglin and her legal team, Sir John pointed out that the “unfortunate consequence” of this legal academic exercise had been “years of uncertainty for those who entered civil partnerships in the understandable belief that the CPA was lawful”.
It had been open to the judge at the application stage to invite the respondent (the governor) to attend and make his arguments, he noted. If that had happened, “these proceedings, conducted, as I understand it, entirely at the public’s expense, would have been stopped at the outset”. Although Anglin was eventually forced to contribute towards the cost of the case, it was largely funded by legal aid.
In the course of his judgment, Sir John said it was clear to him “that on any proper analysis this application for judicial review was bound to fail” and was brought by an applicant who had no direct interest in the outcome while close to 100 same-sex couples were negatively impacted by the case.
He explained in his ruling that the basic argument was flawed because international obligations were a matter of external affairs and firmly under the governor’s area of responsibility. “To succeed in her appeal, the Appellant must show that under the Constitution it was intended to carve out from that plain and obvious meaning, the breach of an international obligation,” he wrote.
If this were true, it “would have the surprising and illogical consequence” that while the governor was responsible for the external affairs of the Cayman Islands, including its compliance with international norms, he would have no power to act if Cayman breached those obligations. “It seems to me such an outcome could not conceivably have been intended under the Constitution” because that would have left the governor powerless where an unremedied incompatibility results in the breach of an international obligation, Sir John wrote.
He noted that the Cayman Islands parliament is not sovereign in respect of the implementation of international treaties like the United Kingdom parliament. Under the Cayman Constitution, the governor can exercise his legislative power directly, contrary to the wishes of that parliament, as this case illustrates.
The court found that the UK Government had ensured during the constitutional talks regarding the 2009 Constitution that it retained adequate powers to enable it to take action to avoid possible liability in the event that the Cayman Islands Government violated its international obligations. Sir John said this case was a “paradigm example of the sort of case for which the power was reserved”.
Following the ruling, local activist group Colours Caribbean said the wider LGBTQIA+ community in all Caribbean British territories could celebrate because it confirmed that Roper had acted lawfully when he implemented the Civil Partnership Act and that he had had a duty to take action when parliament failed to legislate civil partnerships for same-sex couples, as directed by the Court of Appeal in the Chantelle Day case.
Leonardo Raznovich, a lawyer with Colours, pointed out that the ruling clarified the careful balance achieved in 2009 between the legislature and the judiciary, and that parliament could not ignore the courts when it comes to the Bill of Rights.
Colours Caribbean said they hoped the local courts will take note of this judgment with regards to legal aid. Initially, the legal aid application had been denied but a judge later decided it should be publicly funded because there was a broader question to answer. “In future, more careful consideration should be given to determining whether it is the right legal procedure to reverse a decision of the Legal Aid Office,” the group stated.
“This is particularly important as it leads to public funds being wasted on a judicial review which, in the words of the unanimous Court of Appeal, was bound to fail.”
Colours thanked their lawyers, who worked pro bono on this case to allow them to be represented. “It is worth noting that the Court of Appeal relied on many of our lawyers’ submissions and expressed well-deserved empathy with the 93 couples whose lives had been thrown into limbo due to these proceedings.”
Colours concluded, “It is our sincere hope that those with a difference of opinion can respect this judgement and this matter can now be laid to rest—at the end of the day, same-sex couples have a human right to build and nurture their families per the Civil Partnership Act and the Constitution. We as a society should support and respect the rights of the vibrant members of our LGBTQIA+ community.”
See the full ruling and statement in the CNS Library.
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Category: Local News
This woman is a disgrace
Has the Governor’s office made a statement expressing their satisfaction with the judgment?
Hello Madam, “. . . the world would be a whole lot better with less preaching and condemning, and more allyship and acceptance”. As a “Christian” don’t you think not? If so, I am praying for you. Please remember “judge not that you may not be judged”.
Now use your God giving intellect and do something more positive for the betterment of all instead of focusing on what really is none of your business what consenting adults do in their own home.
Your conclusion makes no sense:
The issue of gay unions is not a “home activity” issue. It is a social issue.
Ezekiel 23:20
I am seeing more sign of third world countries in cayman. People wanted to come to the street for every government project, plans, laws etc…
France is burning.
England has some off the highest inflation in the west.
In the US and Canada you can identify as a Cat or Furry and this is now acceptable.
Cayman third world?
Give your head a shake.
All of these Christian need to remember one thing, in the US interracial marriage was not legalized until 1967. How many of these Christians are in interracial marriages that would have been illegal 50 years ago? These people are only fighting for the same rights that you were granted. The hypocrisy of religious people is sickening with their “do good, all loving” persona and twisted, demanding, self-righteous reality.
How much was paid in Legal Aid?
Kattina, for God’s sake, give it a rest!
A true Caymanian hero.
Fighting to keep our islands a traditionalist enclave all the while challenging our Colonialist overlords.
LOL LOL LOL
My brother in Christ, YOU ARE A COLONIAL, I AM A COLONIAL, EVERY PERSON ON THIS ROCK IS A COLONIAL. Despite what we like to pretend this island has no truly native population, even the Arawak’s did live here, every single one of us are colonizers who’s family came to this uninhabited rock at some point in history, unless you have some blue iguana in your DNA you have no greater claim to nativism than anyone else.
It seems almost certain that despite her catchy sign, Ms Anglin was never truly concerned about an issue of administrative law and/or abuse of power – that was just the hook on which she was able to hang her views against same sex marriage. She is entitled to those views, but is not entitled to force them on the rest of us by way of a frivolous legal process that we all had to pay for. I’m glad the court recognized this, but it never should have been allowed to get that far.
And you can’t force others to believe homosexuality is not perverse.
Can’t force flat earthers to believe the earth is round either, but it is in fact round.
Spherical or like a pizza? Be specific.
that’s the great thing, nobody has to convince you. You can stay as hatful as you want, the rest of the world is happy to leave you behind.
You can believe anything you want. Your actions, however, must not harm others.
I prefer to believe truth. Men marry women and the woman gives birth to their children.
And I believe education could go a long way. Grammar is not your strength.
Read books and learn while I indulge in my truth, which is my gay partner. Cheers.
I believe it is perverse, but that is just my opinion.
Agreed. It was always a homophobic and bigoted agenda veiled in the “misuse of powers” clothing. Her puppet masters must be very disappointed but alas their reputations remain intact. They will have to find another unsuspecting sycophant to do their bidding.
She need try go sit down, about she stand.
I see why they are upset, the grip of religion is slowly fading. It’s not a force to do wrong by people. It’s for people to believe in morals and good judgement. It’s guidance for helping fellow man. Not hindering them. We need to educate people like this so they understand, that it does absolutely nothing to them to have a same sex couple marry.
To be clear, hate is not a religion, it’s a choice. It has nothing to do with the central guiding tenets of Christianity. Anyone pleading the opposite has failed the lesson.
Well, the grip of religion is slowly fading precisely because of people like Kattina pushing bigoted views like this on people who just want to live their authentic lives in peace. Yes, religion offers moral guidance to the weak minded, but those weak minds are playgrounds for scam artists and those who desire power over others. Ultimately, religion is fear-based and the ends don’t justify the means.
Bigoted view is code for I can’t win a logical argument.
CNS: If someone discriminates against people of colour, is that bigotry? If yes, is that because it is, in fact, bigotry or because you can’t win an argument as to why it’s wrong? (Hint: it’s bigotry.)
If you are a Caymanian and you have some church backing you can get away with a lot. Legal aid for this is a joke.
Look at the politician that ran into a telephone pole at night and didn’t get breathalyzed. They said there was no need to test him as he didn’t smell of alcohol or seem drunk…yet a school bus gets in an accident and both drivers are tested immediately and both come back negative…I bet both drivers, in this case, were not Caymanian…and certainly weren’t politicians.
What would Jesus do?
He would be worried about problems like hunger, crime, diseases, endless wars etc. Definitely not about what we do with my husband in our bedroom, kitchen etc. That is for restless bigots to occupy their tiny minds with.
Mark 10:6-9 ~ But from the beginning of creation, ‘God made them male and female.’ ‘Therefore a man shall leave his father and mother and hold fast to his wife, and the two shall become one flesh.’ So they are no longer two but one flesh. What therefore God has joined together, let not man separate.”
That happens in Cayman does it? LOL
Mark 10:69…spicy!!!
To the Bible basher posting this, if you want to go live in a theocracy, why not try Afghanistan or Iran?
While the appellant is driven by ridiculous religious views, the ruling has nothing to do with religion, so please keep your quotes out of this.
Esther 2:9
She pleased him and won his favor. Immediately he provided her with her beauty treatments and special food. He assigned to her seven female attendants selected from the king’s palace and moved her and her attendants into the best place in the harem
Ahhhh, the ‘vessel’- where we hear that before..
oh boy I love when people say we should live by the bible,
Maybe you can answer a few questions for me
I’m interested in selling my youngest daughter into slavery as sanctioned in Exodus 21:7. She’s a Georgetown sophomore, speaks fluent Italian, always cleared the table when it was her turn. What would a good price for her be?
While thinking about that, can I ask another? One of my employees, great kid, insists on working on the Sabbath. Exodus 35:2 clearly says he should be put to death. Am I morally obligated to kill him myself, or is it okay to call the police?
Here’s one that’s really important ’cause we’ve got a lot of sports fans on this island. Touching the skin of a dead pig makes one unclean. Leviticus 11:7. If I promise to wear gloves can I still have my pickup game on Friday?
Does the whole town really have to be together to stone my brother for planting different crops side by side?
Can I burn my mother in a small family gathering for wearing garments made from two different threads? or do I have to do it in the middle of George town?
Let me know when you get an answer.
Watch and see, they will conveniently ‘not notice’ this reply or generate rubbish like : ‘Oh, but that’s different’.
He would be sickened with the greed and insatiable love for money here as well as the abject poverty next to palaces.
The Cayman Islands, similar to most of the world, but even moreso than many countries are antithetical to most everything from The Sermon on The Mount.
Eat, drink and be merry!
In my opinion, He would probably say that whoever is without sin should cast the first stone and then He would say, “Go and sin no more.”
I stand for lol’ing at crazy homophobes.
Is a homophobe anyone who finds the practice abhorrent and sinful?
Yes. “Sin” is a myth. There is nothing abhorrent about love, nor is there anything inherently abhorrent about sex (even outside the boundaries of love). Please read a few science-based books; your indoctrination can be undone.
She is part of history now. This photo will be around for a while.
Hopefully not in ‘Heroes’ Square LOL
No chance, she is not connected to the Lodge as far as I know.
I wonder what her kids, grand kids, and great grand kids will think of her.
Great news! Maybe now she will put her idle time to real issues like the abuse of children and men in her district that rape women. Waste of the people’s money.
Or embarrassing levels of crime lately.
That’s the economy changes that are effecting the poor. Not the Governors fault. Don’t make it out that she can fix the world.
I feel sorry for her family because I bet one of them is having to suppress their real feelings while she rants on like a backwater halfwit.
Backwater halfwit , now that’s a keeper, if I have ever heard one.😂
This is a very telling statement – “It was described during the proceedings as an academic exercise…”. Such a waste of time and money. She claims her argument was based on the misuse of the Gov’s powers. All she succeeded in reaffirming was that she is very much a religious zealot and void of all reason and compassion.
These comment bring my joy. So glad there are like-minded people here, even if our laws don’t quite reflect it.
Christian Association for Civics – what does that mean…LOL Civics but not civil…
Not all people who are genuinely religious are halfwits but it does appear that are all halfwits are deeply religious.
Religion is both stupid and expensive. How many more centuries before we finally get rid of this drain on society?
This person has been working as a so called ‘Attorney’, the legal aid money should be repaid for those who really need it and not for someone on a vendetta for their own insecurity and limelight. Pay compensation to those whose lives have been attacked for selfish and spiteful reasons.
Does you actually earn a living as an attorney, because if so, WHO would employ her and further more, WHO would hire her????
Maybe she should be disbarred already – don’t Attorneys have a Code of Conduct?
An absolute waste of our money. She should be made to repay the costs.
Stay out of other consenting adults’ lives who have nothing to do with you.
I’m part if the IDGAF+ group. live your life as you want – just don’t impose your lifestyle on others who don’t want to partake.
just don’t impose your lifestyle on others who don’t want to partake.
Sounds like the Church Groups, gay couples don’t demean marriage, the sky high divorce rates and affairs in Cayman does that alone
It’s always ironic that this is the line of logic used with LGBTQ+ individuals, as if they actively recruit. I’ve never had a gay person try and turn me gay… Can’t say the same for the ‘Christian’ churches though. At least once a month, I have Jehovah’s Witnesses at my door trying to convert me.
No one is imposing a ‘lifestyle’ on anyone here on island other than conservative Christians. We should have the same energy coming for them, because I certainly don’t want religious people around my children.
And how are they imposing their lifestyle on you? Are you forced to be gay? Does their being gay interfere in your everyday existence?
if too many stop believing then the tithe drops, pastors won’t be able to afford to come here from abroad and live a cushy life, and churches, which were established by foreign influences, will close.
remember we were all indoctrinated into it
“My religion says that I cannot be gay.”
Gays: Okay. Don’t.
“My religion says that I cannot be gay, so you cannot also. Stop imposing your lifestyle on me. I will take this to court.”
Everyone with common sense: the irony is palatable.
All I’m saying in the time I’ve been here not one single gay couple has come knocking on my door with fliers about why my heterosexual family should convert to being gay, but Christians have done so, and did not respect my constitutional right as a Caymanian to being Atheist.
Yes, like it or not is your constitutional right to believe in Jesus but with that it comes with right to believe in Buddha, Santa Clause, or nothing at all.
You’re not, and nobody is. It’s easy to feign indifference until someone seeks to control who you can love, what you can legally share, try to take your kids away, deny other basic freedoms, and rights. Then one would hope we all care equally about the same human issues affecting our fellow citizens. We should also thank our lucky stars that the Governor wields this sensible veto power to overrule paralysis, durth of civility, and lack of common sense in the Parliamentary Assembly. Wish it was exercised more often.
And the same sentiment back at you!
Obstructing and meddling in the private lives of others does not prime anyone for admission to heaven. To define this activity as Christianity should be offensive to all Christians familiar with Jesus and His Golden Rules. Vengeful Old Testament verse is from Abrahamic times written thousands of years before Jesus Christ even shows up. There are far too many devoted jerks claiming to be Christians that are going to be very disappointed on Judgement Day. Their whole lives wasted doing the wrong things.
😂😂
Cayman Christianity……zzzzzzzzz
Prosperity gospel believers.
Zzzzzzzzzzzzzzzzzzzzzzzzzzz
Now she can be productive and protest the crime! Do something useful with your time (and OUR money) since you clearly have nothing else to do lady!
A proper ruling that any person of love and tolerance is happy and relieved for, and one that could be seen all along by any fair minded person also.
Now Ms. Anglin, please go and find something useful to do. A suggestion; fight for the protection of the abused, especially abused children!
LOL -Karma LOL
The people should be awarded costs.
And damages for all of the affected couples.
And to think we the taxpayers paid for this nonsense set in train by intolerant so called Christians. I hope they read the judges scolding words very carefully and take note.
She stood and I applaud her for that! The haters will say they should only have a voice.
Fine that the association stood and expressed their opinion, but not fine that they expected us taxpayers to foot the bill.
Now hopefully they can be respectful to persons who happen to have a different life than theirs.
That’s far too charitable. Nobody, and no registered non-profit association should feel they have the latitude to exercise toxicity. That includes the entire legislative branch and civil service. These verdicts demonstrate that clinging to toxic homophobia is not fine at all. It really hurts our fellow citizens, wastes court time, and public money. All of these are repugnant to the greater good, and not cool. It has to stop. DCI needs to investigate/cancel the charters of various domestic hate groups – including ICANN Domain cancelation of Cayman Islands Ministers Association, still actively promoting fake news, homophobia and all manner of non-Christian beliefs. http://www.caymin.ky
Disagreement isn’t the same thing as hate.
She should stand against child rapists, pedophiles not people just because they are of the same sex and want to marry…her prioritize are ass backwards
Many child rapists and pedophiles are homos or are we supposed to pretend that gays are saints?
CNS: Many child rapists and paedophiles are heterosexual, and we don’t pretend that all of them are saints either. We call them people.
Well, well, well … ‘I Told You So’ song comes with the special dance. Congratulations from the heart with yet another very successful failure which your hate and intolerance lead you to. You got another message from God, a loud and clear one, to be a better soul and spend your time trying to do something good. Help recovering addicts, for example. Do something constructive. Be kind. And above all : mind your own business. Unless you are an LGBTQ person, none of this has anything to do with you.
Again. Sincere congratulations and God bless you.
Excellent. Another poke in the eye for the sky fairy believers.