JCPC affirms governor’s power in civil partnership case
(CNS): The passage of the Civil Partnership Act by the previous governor, Martyn Roper, in 2020 was constitutional, the Judicial Committee of the Privy Council in London has found, securing the future of the law and the hundreds of partnerships that now exist. The ruling also clarifies the governor’s use of section 81 of the Constitution, which Kattina Anglin had challenged.
The long-running legal battle started in April 2018, when Chantelle Day and Vickie Bodden Bush, who had been refused a marriage licence by the Cayman Islands General Registry, applied for a judicial review to challenge that decision.
The chief justice at the time, Sir Anthony Smellie, found that the Constitution did give Day and Bush the right to marry and that the government was in violation of the Bill of Rights. He then ordered an amendment to the Marriage Act to allow for same-sex marriage.
However, the Cayman Islands Government immediately appealed that ruling. The appeal court found that while the CJ had been wrong to suggest that they did have a right to marry, the couple did have a right to a legal equivalence to marriage, and the judges on the higher court directed the CIG to immediately pass the necessary legislation.
The PPM-led administration brought the Domestic Partnership Bill to parliament in July 2020, but then-premier Alden McLaughlin allowed the government members to vote according to their conscience. Two members of his Cabinet voted ‘no’, ensuring that the bill failed.
As a result, the law was re-drafted and, after a period of public consultation, Roper assented to the bill, and the Civil Partnership Act came into force. He did so on the basis that the CIG was placing the UK in contravention of the European Convention on Human Rights, an obligation that had been extended to the Cayman Islands by agreement in 2001.
Since the passage of that legislation, hundreds of couples have taken advantage of it, including opposite sex couples looking for an alternative to marriage.
However, Kattina Anglin, a local attorney and a leader of a conservative Christian organisation that opposes the concept of marriage equality, challenged Roper’s use of section 81 in the Constitution, which allows the governor to pass local legislation in relation to his areas of responsibility. She argued before the Cayman Islands Court of Appeal that this was a domestic issue, not an international one, and therefore the governor acted unlawfully.
Anglin lost the appeal. However, she pressed on with the case, arguing that it went beyond the same-sex partnership issue and that if Roper’s action went unchallenged, future governors could interfere with other domestic matters.
The case was heard in London earlier this year, and the JCPC panel found in a judgment published today, 30 June, that the governor clearly acted within his power. The Cayman Islands House of Parliament is a creature of the Constitution, and the Bill of Rights trumps the legislative body. In light of the UK’s obligations, the governor was not acting unlawfully when he opted to use section 81, regardless of how local politicians had voted.
Colours Caribbean, an advocacy group for the regional LGBTQ+ community founded in Cayman, was an intervener in the case, and its acting president, Dr Leonardo Raznovich, welcomed today’s ruling. ‘We see this judgment as a victory for all,” he said. “Not only because it secures the Civil Partnership Act 2020 and related legislation, but fundamentally because it brings much-needed clarity that our Bill of Rights is enforceable regardless of the will of a majority in Parliament.
“Let’s all celebrate that, on the last day of Pride Month, this judgment confirms the supremacy of our Constitution and finally puts an end to uncertainty for same-sex couples and opposite-sex couples alike; that their civil partnerships are legally protected,” he added.
Raznovich noted that if Anglin had been successful, section 81 would have been rendered ineffective and would have achieved in practice what the government had failed to achieve in its proposed changes to the Constitution in 2019.
Acting Governor Franz Manderson also issued a statement welcoming the ruling, which confirms “that adherence to international obligations did fall under the Governor’s responsibilities for external affairs, as per our Constitution”.
CNS reached out to Kattina Anglin, who stated that she and her legal team were considering the judgment before commenting.
See the judgment in full here.
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Hello Kattina Anglin.
Your efforts to prevent me from having my union less recognised here in my own country failed. Thanks to the highest law of the land, I can now exhale a sigh of relief. As Taylor Swift so clearly said, “… throwing shade didn’t make me less gay. . ..”
I’m a child of God, and thanks to my mother and my close relationship with my family, I was never made to feel less than one.
So, here are a few quotes that I truly believe might cause you and others like you a bit of reflection:
1. “I believe in God not because my parents told me, not because the church told me, but because I’ve experienced His goodness and mercy myself.”
2. “Christianity isn’t about religion. It’s about having a relationship with the one who created you.”
3. Gandhi said, “I like your Christ. Your Christians, not so much.”
4. “Going to church does not make you a Christian any more than standing in a garage makes you a car.”
5. “There is no hate like Christian Love.”
6. “You better worry about your own sins, [since you are so adamant that my union is a sin]. God isn’t going to ask you about mine . . . [as I know he loves me the way he made me and he is proud of me for living my authentic life].”
7. “Equal rights for others does not mean less rights for you. It’s not a pie.”
Now, madam, use that energy that you have built up in you to fight against matters that truly affect EVERY SINGLE INDIVIDUAL living in the Cayman Islands, and now ‘for Christ’s sake’ leave my gay Caymanian Union alone!
Most of the posters here miss the fact that this appeal was not about civil partnerships or gay rights – its about the ability of the governor to impose legislation on Cayman irrespective of the local government or electorates wishes. Whether that’s a good thing or bad rather depends on the issue or how the UK government chooses to exercise its power – but rather than celebrating this as a victory for civil rights its really a reminder that we are a territory, not a sovereign nation.
BS. If it wasn’t about two ladies winning eventually, she wouldn’t bother. Why did she not initiate a legal review of the government’s actions at that time, which voted down the CPL, BLATANTLY ignored court’s ruling, created a constitutional crisis and went away with it, to the point the Governor had to step in. Why didn’t she address that? Amazingly, she and bigots alike were once again reminded of their place. Cayman is not an independent country, it’s BOT, with all the benefits and obligations coming out of it.
Shame on all of the self-professed Honorables and zealot evangelicals that propelled this legal persecution against the natural rights of our Caymanian people, using our own money. What an absolute disgrace. Those still active in political life should be compelled by their colleagues to resign, per the Nolan Principles. Those conferred royal honours should have those designations reviewed.
Only our DG had the courage to attend the PRIDE Parade. I am so disappointed in our MP’s and their cronies.
Thank you DG we know you always do the right thing.
To think that the UK was ready to scrap section 81 and we had our chance to prove they would never need it again right in front of us, and the legislature of the day could not bring itself to do what was going to be forced on it otherwise to ensure we got that constitutional advancement…and now there is a huge constituency of people who will always be against removing section 81…is really sad for Cayman. I hope that we don’t have to wait a generation to prove that we’ll do the right thing again.
Scrap section 81. Hmmm It is through that section that Cayman gets the benefit of a number of international treaties. Unsure as to whether we could remain in such forums without section 81…
We should go have a nude parade through Watering Place to celebrate. Who’s in?
You wouldn’t be celebrating either side with that. Bad enough that Braccanal sometimes invokes …erm… street humping.
I’m in if JuJu is.
It’s unbelievable to me that Cayman has such a hard time accepting gays. Twenty years ago, the parliament refused to decriminalise gay sex — whereupon the then governor was forced to step in. Currently, the issue has been gay unions — with same result. To Cayman evangelical churches: Isn’t it time you stopped preaching hate toward gays, and started preaching love? I know, I know, you’ll vote against my comment in droves. Makes no difference: Over time, you will lose. Gay MARRIAGE is coming to Cayman, sooner or later, and guess what, the sky will NOT fall in. Why? Because equality is in EVERYONE’S best interest, not just gays.
Not that they are not really capable of understanding this, even though I am sure some seriously can’t, but it shakes their grasp of power and ability to control, therefore money which they crave. LGBTQ issues are their favorite to use and abuse in order to divide and conquer. There are lots of uneducated, or educated yet still ignorant individuals around, who have been programed and trained to be homophobes.
Long story short, and it is truly the cherry on the cake, Kattina once again drew attention to the fact, who really is the lord of the house, ain’t that sweet, Kattina? Thank you for that.
You can hate all you want, but that’s all you can do. The real power has spoken. Once again, happy third loss.
Oh, p,ease, drop that victim’s mentality and stop judging “them” for it looks like it is you who is not really capable of understanding
What do I fail to understand, according to you?
Cayman has such a hard time accepting gays??? Such a broad statement….Cayman accepts them just fine…it is their Parades that irritate some people
So don’t attend them. March for Jesus, the other day, was super irritating with blocked traffic and unnecessary noise. So?
The other day I saw two women holding hands. They seemed very close, and I assumed they were a couple. If they were, or weren’t, I don’t know, but what I do know is that it was none of my business in the slightest.
Anglin et al need to realise this too, and the sooner the better.
Holding hands?.. 🤷♀️
The People won this one in spite of Parliament (thank you, Mr. Roper). Now, let’s get ready for the battle Royale: The Abortion Bill. For the rights of every female… Charge!
The people?
Finally! Kattina, Anthony Eden, Juju and other similarly closed-minded people can sit down and keep quiet after the good and proper legal smack on the backside they got. Wasted legal aid funds on this fool’s errand. Kattina and fellow trouble makers should reimburse the public purse.
Maybe now the churches can focus on the new Islamic Center being proposed for Smith road.
Respectfully, the churches need to focus on their matters and leave other faiths to theirs.
We have had a small Islamic Center / Mosque on Island for decades with no issues.
There are Muslim Caymanians and Non-Caymanian residents.
They’re all getting old and their irrelevance has come home to roost. Will soon be forgotten.
NOT soon enough!
I mean aren’t they eager to see their saviour?
I’d be willing to help you get there sooner if you’d like?
Won’t be long now until assisted dying makes it way to our shores, thank god.
Dont forget Dumb Dumb Donkey and Alva Suckoo and Kenneth Bryan and some others!
God will have the last say.
There are no rights to behaviours that are inconsistent with the design and the purpose in the natural order of universe so the Privy Council has upheld a fake right based on the desires of human beings. That is a path to chaos.
The Flying Spaghetti Monster welcomes all Pastafarians equally. Join us!
So its ok for a father to molest his child. its ok for a spouse or othet beat and cheat
Whose business is it if the same sex is together. You ignorant backwards individual
want to have sex with children or perhaps have sex with dogs and cats too?
It seems you want no limits to fulfil your lusts and don’t want to be criticized for breaking accepted societal behavior.
You do realize that there is a marked difference in people engaging in consensual sexual or non-sexual behaviors with each other and someone engaging in sexual behaviors with a child who cannot consent to such behaviors at all, right?
What it must be like to live in this head of yours. True that religion takes the strongest hold in the places where education is the weakest.
Yes only atheists are smart. All God fearing people are stupid and inferior.
Hmmm. What is this called again?
Science
lol
since you love to quote the bible so much, let me hit you with some good ones:
Exodus 31:15: “Whoever does any work on the Sabbath day shall surely be put to death.”
Deuteronomy 21:18: “If a man has a stubborn and rebellious son who will not obey the voice of his father or the voice of his mother… then all the men of his city shall stone him to death with stones.”
Leviticus 20:10: “If a man commits adultery with the wife of his neighbor, both the adulterer and the adulteress shall surely be put to death.”
Deuteronomy 22:28: “If a man meets a virgin who is not betrothed, and seizes her and lies with her, and they are found, then the man who lay with her shall give to the father of the young woman fifty shekels of silver, and she shall be his wife, because he has violated her.”
Deuteronomy 22:11: “You shall not wear cloth of wool and linen mixed together.”
So in short: no wearing mixed fabrics. Fathers of rape victims shall pay the rapist and the victim will marry the rapist. If you cheat, are a stubborn child, or work on the weekend you’re to be put to death.
Just checking you’re familiar with and in complete compliance with these absolutely ridiculous rules found in your ridiculous book that you use to justify your bigotry.
Hey, don’t forget the shellfish bit!!
…and hooves!
Leave the cow foot alone man
We are no longer under the Old Testament law. Jesus dying for us fulfilled the law so now we are under the New Covenant (New Testament) of grace. Which is the basis for the disagreements between different religions and denominations of Christianity.
As a Christian, I may not agree with the LGBTQ+ lifestyle (Personal Opinion), but it is not for me to judge, and I treat everyone in the manner that I would want to be treated. You should show the love that the LGBTQ+ community promotes so much, rather than the hate towards Christians in your comment. You are no better than the same bigots you refer to. Hate is Hate.
No hate towards Christians in general. Just a general dislike for all religious zealots who stand behind an ancient book with ancient logic to justify their current bigotry.
This country specifically is rife with people saying they do things because they’re Christians and that is supposed to excuse their otherwise deplorable behavior. It’s sickening.
Yes, and with the New Covenant with Christ, we put Leviticus to rest (which was primarily guidance for the priesthood anyway).
Judgement doesn’t belong to you and me. It belongs to God alone. I believe that God wants us to be humble.
10:21 You forgot to mention this was written over 2000 years ago, when we were an uneducated people.
Can you tell me whether practicing a non-Christian religion is consistent with the natural order of the Universe? If not, then there is no right to that either, correct?
Why does a movement require an entire month – pride/june – when entire countries only get 1 day? Can’t they be happy with one single day in June? Can even have the Kings birthday for all i care. But 30 days? greedy
What about February?
That’s only for black gays
oh cool i didn’t realize the pride month got me a month off work or was some kind of mandatory holiday. Can you let me boss know?
Lol. She and her legal team are considering the judgement? Take all the time you need. How does it feel to lose yet again? Savor your loss.
Congratulations 🍾 to all who supported and fought for this, especially Chantelle and Vickie – and every other loving couple who desires to pledge themselves to each other in civil partnership. Equality is essential, and love is love. Civil unions should be legally protected, cherished and publicly affirmed – and celebrated.
🇻🇬🏳️🌈💞 💍
As a self-appointed Advocate and Lobbyist of sorts I welcome this decision. While there are many factors pros and cons which could go into same-sex relations recognition, I did not believe that is what this was/is about. Respectfully too often we use the scriptures from the Bible in misinterpretion to promote ‘agendas’. I applaud Ms. Rivers for taking this on, but truly it was somewhat selfish of our Christian entities to support this. If the Governor acted outside his powers, I would say it was for a humanitarian and worthy cause. A cause allowing our islands to not only comply with international standards but more importantly to provide for our Caynanians and who enter to reside among us the right and chance to feel comfortable and treated fair. Same-sex relationships are nevertheless relationships. Everyone deserves and has a right to love who they choose, as long as it is consentual especially at the lawful age. Adding, Governments have the right to provide for these provisions.
We all have known or know someone among our Caymanians who are same-sex. The old saying is too to “love the sinner but not the sin”. From the Bible we know that Jesus di not turn away anyone who lived against God’s principles (which I believe this case was based off of). It is God’s principles. I am of the opinion that until someone close to us shares their heart and attraction is for the same-sex, it is so easy to cast aside. Stand up for our Christian values yes. But too stand for allowing our people and anyone to love who they desire. And more so to applaud our Governor for doing so even if we thought contrary. I have a handful of same sex friends and acquaintances and if any of my relatives were to reveal their situation to me I would rather know they are living in their truth and that they’re giving the lawful legal right to do so and be recognize the same as everyone else. many of our people are struggling today taking their own lives among other things for fear of not living in their truth because of cases such as this because lack of our government not having the courage to stand up for its people in fear of not being popular or not getting re/elected. #GoodforyouChantalDayandPartner. #Precedent
So HAPPY this is behind them now!
If YOUR religious beliefs give you joy and comfort, good for you, but please don’t force them on others when it doesn’t affect your life what-so-ever!
The ROOT of all problems start with RELIGION.
It’s so ironic how christian say it’s being forced down their throat when they seem to be the most invested. I hadn’t no idea this event even happen this weekend until I saw a typical “cayman christian” posting about it.
Yet, if we don’t pay tithe to their church weekly, they force us to because “else we deserve to burn in hell forever”. True story, ena?
It’s those deepest in the closet that are the most vocal to oppose those who have came out to their true selves. One love.
Yep, I don’t have “the gays” coming round knocking on my door trying to force imaginary friends or anything else down my throat. Get it round ya Kattina Anglin x
Those are Jehovah’s Witnesses. You cannot just lump everyone into one category. Yet, you want people to respect your pronouns. Practice what you preach.
I will think about compellled religious behavior while I am grocery shopping on Sunday. Oh, wait….
My pronouns? Please do elaborate?
On the matter of the Jehovah Witness cult. Why are they allowed to occupy the bench outside our Port Authority harassing tourists. No Govt building should be used for religious purposes and that includes the Civic Centres beimg used by churches.
What a royal smack on those wicked teeth ! That’s what you get. Enjoy the massive loss, woman. You could have chosen to do something constructive, but you chose to harass people and cause distress. You deserve it. Enjoy your big day !!!
Katina should focus on the rehabilitation of offenders or something more meaningful. Get help and hope for her murderer son. She knows the dangers of drugs and violence yet she insists on attacking love. How ironic.
What a giant waste of time and money. Especially the tax payers money.
Katina find something really useful and needed to do. This was NOT it.
Is there a way to sue her for that, does anyone know?
If it was her money, she wouldn’t be doing it. That money could have been used for the needy, drug rehabilitation centre, etc.
Stand by for a great wailing and gnashing of teeth in the churches.