A court hearing to decide whether to allow Colours Caribbean to join a judicial review into Governor Martyn Roper’s use of his emergency powers, to enact same sex legislation in Cayman, was held on Tuesday, 19 Oct.
The judicial review, which is set to be heard in December, has been brought by Kattina Anglin who alleges that by enacting the failed Civil Partnership legislation, Governor Roper behaved irrationally, illegally and outside the scope of powers conferred upon him by the Constitution.
When applying to join the judicial review as an intervening party, Colours Caribbean, an LGBTQ+ activist group, requested to side with Governor Roper as respondents to the legal challenge.
Initially, Anglin and her legal team objected to the request, but later changed their position.
“We understand that while they no longer object to us intervening, they object to us giving evidence,” said Alex Potts who represents Colours Caribbean.
Potts told Justice Richard Williams, 42 couples have been able to access the legal protections and benefits provided by the civil partnership legislation and to bar them from presenting their case would mean “the courts would be flying blind evidentially”.
“The court is bound to take into account the potential impact to them”, said Potts.
He acknowledged that to hear from each of the couples would be “excessive and disproportionate,” however, he urged Justice Williams to allow sworn affidavits from a sample of the same-sex couples be admitted, and on the day of the hearing one hour be set aside for in-person submissions that would strengthen those affidavits.
In response to the request, Hugh Southey, who represents Anglin, expressed concerns that Colours Caribbean sought to provide evidence that was outside the scope of the judicial review.
“The intervener has not demonstrated that they are capable of limiting their submissions to the scope of the narrow legal point, which is whether the powers granted to the Governor didn’t authorise the legislation,” said Southey.
When replying to Potts’ submissions, Southey said the case-law they seek to rely on provides very little, to no discretion, if Justice Williams was to side with them.
“The authorities are clear… if [the Court] finds in the law ultra vires [meaning: beyond one’s legal power or authority] the only remedy is to declare it illegal,” said Southey.
He added that while same-sex couples would lose the benefits, which they can only currently obtain through the Civil Partnership Act, declaring it illegal would not prevent them from challenging other laws, which they may regard as discriminatory.
Southey warned that Colours Caribbean’s request would cause further delays and additional expenses, as they would have to seek to address any additional evidence presented.
In reply, Potts stated it would be better to admit the evidence and then make a decision based on all the facts, than to pre-judge the matter and exclude it before having heard it.
Solicitor General Reshma Sharma told Justice Williams she was neutral to Colours Caribbean’s applications, and that she believes this case might be an exceptional one which would merit Colours Caribbean being given the chance to present evidence. Sharma appeared on behalf of the Attorney General’s Chambers, which represents Governor Roper.
Justice Williams adjourned the matter and is expected to return his decision at a later date.
Related Videos
Oh, for heaven’s sake, ENOUGH WITH THE GAY-BASHING. I don’t believe for a minute that Ms. Anglin’s target is really the governor and whether he exceeded his rights. It seems obvious to me that her actual goal is to deny gays the same rights that the straight community enjoys. Ms. Anglin, you ARE entitled to your religious beliefs, but you are NOT entitled to force those beliefs on others, which is what this seems to be about. I can only hope that the Privy Council will come through with an order for gay marriage — and soon — thereby putting the final nail in the coffin of much of this gay-bashing. Go Vickie and Chantelle!