Advocate looks to Privy Council in dispute over governor’s power

Attorney Kattina Anglin has applied to the Privy Council directly in a bid to continue her legal fight against the governor’s use of emergency powers to push through same-sex legislation that was voted down by the Cayman Islands Parliament.

Anglin, who is partially funded by the Cayman Islands Christian Association for Civics, has lost both appearances on the matter before the Grand Court and Court of Appeal.

In October, the appeals court refused to elevate the matter, forcing Anglin to apply directly to the Privy Council.

In a statement to the Cayman Compass, Anglin said, “We have to see this through to the Privy Council, to the end.  The Cayman Islands and the other [British Overseas Territories] along with the Governors themselves must know and deserve to know the scope of the Governors’ powers.”

Anglin’s case argues that then Governor Martyn Roper was wrong to have used his emergency powers to push through the Civil Partnership Act, in light of the then Legislative Assembly’s vote against it.

According to her legal team, the act was a matter of domestic legislation, and not a matter of external affairs, which are areas reserved for the governor to legislate as set out by Cayman’s Constitution Order.

“As it stands, the Court of Appeal’s judgment gives the UK (through the Governor) very wide powers to pass laws that the Caymanian people and Parliament do not want,” Anglin said. “The UK can simply claim that the law is in the interest of ‘external affairs’, and override the Cayman Parliament. If it does this, the resulting law could not easily be challenged following this judgment.”

If the matter proceeds, Anglin’s case will center on five main points: that the appeals court’s wide interpretation of the governor’s powers undermines Cayman’s democracy; the appeals court’s ruling is contrary to case law; external affairs in the Constitution means diplomatic relations but not compliance with international obligations; the need for a clear distinction between external affairs and compliance with international obligations; and that the arguments have great relevance to other BoTs with similar constitutions.

“This is the last chance to challenge the UK and the Government on this issue or the door may be opened for further laws to be passed against the will of the Caymanian people,” Anglin said.

Colours Cayman, an LGBTQ rights organization, has opposed Anglin’s legal battle, stating that should the law be repealed, it would have devastating consequences for the same-sex couples and their families that attained legal recognition under the law.

“Many people still have this issue convoluted with the Day/Bush case,” said Anglin in her statement. “I have always maintained that the process belonged in the Legislative Assembly as it was called then and like all highly controversial and ethical issues, completes the Parliamentary process, just as it does in Westminster.”

No timeline has been set to determine if or when the matter will be heard before the Privy Council. Following the appeals courts refusal, Anglin has since lost legal aid funding and must now pursue other independent means for the continuation of the legal battle.