The Grand Court has ruled Governor Martyn Roper acted within the scope of the powers granted to him by the Cayman Islands Constitution when he enacted civil partnership legislation in 2020.
In a judgment, posted directly to the court’s website on Monday, Justice Richard Williams stated that, although the legislation in question was domestic in nature, there were external human rights obligations tied to it; and the failure of Cayman’s legislators to enact civil partnership legislation placed the jurisdiction in breach of those rights.
“I am satisfied when reviewing the Constitution as a whole that the responsibility for compliance with the obligation in the [European Convention on Human Rights], one so clearly expressed by the Court of Appeal, falls within external affairs and is a special responsibility,” wrote Williams.
The judicial review, filed by Kattina Anglin, asked two questions, which were whether the reserved powers, granted to the governor by section 81 of the Constitution, gives him the right to enact legislation, and, if so, to what extent; or, whether the Constitution limits such powers to Cayman’s Parliament.
When arriving at this decision, Williams said he took into account that, when the 2009 Cayman Islands Constitution was being drafted, both the Cayman Islands and UK delegations sought to have a legislative document with checks and balances that would enable Cayman’s lawmakers to govern themselves, while allowing the UK to retain oversight on some matters.
In his judgment, Williams also noted that, through the Civil Partnership Act, the governor provided same-sex couples with a form of legal protection which the Court of Appeal had urged Cayman’s legislators to bring about “expeditiously”.
His judgment goes on, “Therefore, the Governor having ensured that the checks and balances set out in s.81 of the Constitution were followed, was entitled to exercise his reserved power and enact the [Civil Partnership Act]. I am satisfied that the Governor has not acted contrary to the Constitution or other Laws in force in the Cayman Islands.”
In September 2020, when Anglin first filed the judicial review, she requested that the court rule Roper’s actions were outside of the scope of his power and to quash the legislation.
By ruling in favour of the governor, Williams has upheld both the Civil Partnership Act and the package of associated changes to other laws, necessary for it to function.
It comes after the UK’s Privy Council ruled earlier this month that Cayman’s Constitution does not provide a right for same-sex marriage.
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It was shameful that Governor Roper needed to use his authority to overrule and reverse this bigoted legislative travesty.
It doesn’t matter who you love, where you are from or what your core beliefs are – equality should be above it all. Cayman needs to learn this, quickly.