The extent of the UK’s power to legislate for the Cayman Islands will be considered by the Privy Council, the highest court of appeal for the British overseas territories.
The test case centres on former Governor Martyn Roper’s decision to use his emergency powers to push through legislation on same-sex partnerships that had been rejected by Cayman’s elected MPs.
Kattina Anglin appeared to have reached the end of the road in her efforts to challenge that decision when the Court of Appeal upheld the lower court’s decision that Roper had acted within the scope of his powers under the Cayman Islands Constitution. The same court also refused an application from Anglin to bring the case before the Privy Council.
However, the attorney, also a spokesperson for the Christian Association for Civics, made a special application direct to the Privy Council, which announced last month that it has granted the right to appeal.
The Privy Council only takes cases which it believes have some merit or raise arguable points of law of general public importance.
A similar application on behalf of the Central Planning Authority for the Privy Council to appeal a separate Court of Appeal decision about the powers of the National Conservation Council was rejected as “not an appeal which should be considered at this time”.
Speaking to the Compass on Monday, Anglin said she was delighted that the court had agreed to hear the case. Describing herself as a lone citizen taking on “humungous machinery”, she said that – whatever the result of the final appeal – she is happy to have fought to the end.
“I can wake up every morning and think I have no regrets because I stood up for what I believe is right,” she said.
“The Judicial Committee of the Privy Council will make its own decision, but I will have seen it through to the end. I will have taken it as far as it can go and we will all have the final word on the matter.”
Anglin believes the court’s decision to take the case demonstrates that it is an issue of significant importance, bolstering her appeal for legal aid.
She insisted the case was not about opposition to same-sex relationships, but rather the respective powers of the Cayman Islands and the UK in ruling the territory.
Roper used his reserved powers in the Cayman Islands Constitution to pass the Domestic Partnerships Bill into law, arguing that it was a matter that came under his remit for ‘external affairs’.
The nuances of how that is determined, and what can be decided by overseas territories parliaments and by the UK-appointed governor, are central to the case.
Anglin said, “When you look at the full scope of this, there is no case law on this subject in any of the overseas territories. How do we actually govern the territories and where are the real boundaries of the governor’s power?
“That’s the issue here and it is extremely important for all of the territories.”
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The real point of this is that Anglin, as she awakes in bed each morning, is more concerned about who others wake up with and her skewed religious beliefs than she is about real problems that affect all the people of The Cayman Islands: e.g. a growing crime rate; an increase in poverty levels; an increase in the cost of living; a decrease in education standards; the many negative effects of over building, etc., etc., etc.
Happy Cayman Pride month to all!
She should not be receiving legal aid to fund this case.