Appeal court blocks JCPC bid over civil partnerships
(CNS): An attempt by Kattina Anglin to take the challenge against local civil partnership legislation all the way to the Judicial Committee of the Privy Council (JCPC) has been rejected by the Cayman Islands Court of Appeal.
Anglin’s appeal challenging the findings of an earlier judicial review over whether or not the governor has the power to pass a law paving the way for same-sex unions was been dismissed in July by the higher court. But Anglin was seeking leave to take the case to London.
In the ruling dismissing the application, the Court of Appeal said this application did not raise an arguable point of law of great general or public importance that ought to be considered by the JCPC.
“First, all the issues now raised by the Proposed Appellant have been comprehensively considered by two courts which were entirely consistent in their rulings. Their legal reasoning was orthodox and conventional,” CICA president Justice Sir John Goldring wrote in the ruling.
He said the second reason for rejecting the application, relating to arguments about the meaning of the words “a matter with respect to external affairs”, was without merit and fresh consideration of their meaning by the JCPC is not warranted. The third is that this appeal is academic, as the governor had an alternative means of implementing the legislation via an order in council.
The argument presented by Anglin was always only a challenge to the section of the Constitution that the governor used, not that he could not impose the law after the parliament had voted it down. The MPs had voted against it even though the appeal court had directed the government to implement the law because Cayman’s lack of civil partnerships for same-sex couples was breaching the Constitution.
Claims by the appellant that a refusal of leave to appeal would be discriminatory were also dismissed by Sir John, who said that she still had the right to seek special leave from the JCPC directly. He pointed out that if her arguments about discrimination, which he found wholly without merit, were right, then the JCPC would grant the application and hear the case.
Local LGBT activists, Colours Caribbean, which has just appointed Em DeCou as its new president and founder Billie Bryan as global director, welcomed the ruling. The organisation had intervened in the case against the governor to support the original ruling.
See the ruling in the CNS Library.
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Category: Local News
Isn’t it ironic; denied the right to appeal to deny someone else their rights.
Cayman ChristianISIS is constantly losing ground. Thank all the gods.
Don’t like gay marriage? Then don’t marry a gay person. Other than that, mind your own business. And, spread love far and wide.
Defeat religious extremism in all forms and in all societies.
Religious bigotry is vile when it forces it on others through the power of government. Bad enough to use belief in an supernatural being to hate people in other places but to harm your own children with racism, homophobia, etc. is as evil as a god who would drown all the children, animals, in the world and instruct a follower to prove loyalty by stabbing his boy to death. This all comes from the white christian missionaries and does not represent Caymankind.
so blaming white christians is not bigotry?
remember the so called book was complied, yes complied not written 750 years after he allegedly died.
others have a right to their beliefs whether you agree or not.
religion is the single biggest cause of wars in history
Jews and Muslims are currently slaughtering each other over their “God” differences…you’d have thought one of their Gods, or any God anywhere would float down and put a stop to the carnage…
What God and where are these fanatics referring to..?
Treat your fellow man with love grace and dignity….or get back in your dark dismal and lonely box.
Agree with the underlying message you are conveying…just wanted to point out the Jews and people of the Islamic faith believe in the same Abrahamic God as Christians do
This weird, sad form of Christian insanity that leads people to obsess over gay people is alarming. It both attracts demented people and turns otherwise normal people nuts. Imagine being so crazy or so brainwashed that you wake up every morning and recommit yourself to hurting the love lives of complete strangers. Bizarre. And this cognitive cancer is still found in so many countries. The US Republicans just elected one of these creeps Speaker of the House (third in line for the presidency!).
Yes! It’s insanity that people care so much to spend their lives fighting love rather than real problems like the crime on this island and the awful amount of houses littered with junk cars and boats in their front yards.
These same fundie religions use to outlaw interracial marriage and justify slavery. Let’s move on from bronze age superstitions dividing humanity. There’s too many real issues that need deciding.
What goes around….
so blaming white christians is not bigotry?
remember the so called book was complied, yes complied not written 750 years after he allegedly died.
others have a right to their beliefs whether you agree or not.
religion is the single biggest cause of wars in history
Do unto others…, darlin’
K.Anglin go and sit you A** down. Find another cause to use that degree on lady. A cause that has an impact on every single person in these islands. What consenting men and women do in their own private lives is ABSOLUTELY NONE OF YOUR GOD D** BUSINESS.
Get a life and use what every brain cells you have left to help your family deal with your stupdity as I know you have gay persons right in your own family.
Okay Katina, you stood! Now go sit down or find something worthwhile to do, please!
Try to be of some genuine help to others. Instead of insisting on your current self righteous stance.
Kattina let it go. You could’ve used this time to pressure the government to be tougher on crime, help those with mental health issues etc. There are far more pressing issues.
“I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires.” – Susan B. Anthony
A woman with nothing to do and nothing but time to do it with
If only the ‘Christian Association for Civics’ had any other pressing issues to attend to
I have said it before and will say it again – even gay people don’t think about homosexuality as much as christian bigots do
Who is paying for all this nonsense? Not Anglin, I’m sure.
Colours Cayman?
Nope. Government. our money.
This is perhaps the only sane thing that’s happened on these fair islands for the last 60 years. What does that show us?
That we are a third world territory with no ability to be self-governed, self-regulated, self-anything… Our ‘Home-Grown’ educated officials are bought-out for little gains to the populace. So sad that we, as an actual ‘rich’ territory is so ill-represented by our officials.
So it’s discriminatory for them to refuse her appeal but not discriminatory for her to try to further marginalize queer folk?
Boi I tell ya becoming an attorney has really gone to her head…give it a rest already!
Thats even worse, how is she an attorney and can’t understand our constitution?
Not only thing gone to her head!
I have just turned gay whilst reading this!
That is of course a joke, because if I was gay, I wouldn’t have just turned gay, I would have been just what I am and always will be.
Now, can this ridiculous woman, and her band of homophobic followers just allow the gay community to live in peace, and have the same rights as everyone else?
If the conservative church going people could also pose the question, “what would Jesus do?”, you’ll have your own answer, and it should align with what I’ve just said above.
He’d tell you to repent.
Technically he hand-washed 12 pairs of male feet, drying them tenderly with his hair. What was Jesus’ gf’s name again? Just sayin’.
I do believe you have mixed up the scriptures to fit your narrative. It was Mary Magdalene who washed Jesus’s feet with her tears and dried them with her hair to show her thanks for welcoming her among the group and making her feel worthy. Jesus washed the deciplies feet by pouring the water over them and drying them with a towel to show his humility.
Point is, there wasn’t a Mrs Jesus was there.
As books were taken out of the Bible that didn’t correspond to the religious leaders narrative, we will never know.
I do believe you are both wrong. JuJu is the foot washer.
Jesus’s?
deciplies?
Towels?
Group dating?
Towels existed then did they?
He would not even bother with the subject. He was actually a great human and not some self-righteous brainwashed homophobic fake ‘Christian’ trying to tell others how to live their personal lives. Move on and better up your life.
No. He already said, we don’t have to wonder.
Jesus told us to love one another, as he has loved us.
Repent yourself Kattina.
What would Jesus do..? Two schools of thought on that one.
Homophobic opinion is that he would “cure” the gay to be straight…(another miracle.)
Or, reasonable people’s opinion, that he would show some Christian ‘ live and let live’ towards his fellow man/woman.
I suggest the latter option , as the former isn’t on the cards.
Lol, Kattina, please let it go already. Get a life and stop embarrassing yourself. You remind me of Trump when he lost. Use your time for something constructive, like helping the recovering addicts or something like that. Cheers.