Topic: Civil Partnership Act

The legal battle to quash Cayman's same-sex legislation has reached its final stage before the UK's Privy Council where five judges will determine whether former Governor Martyn Roper overstepped his role when he enacted the Civil Partnership Act in 2020.

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.

The Court of Appeal has ruled that it was within the former governor’s rights to enact the Civil Partnership Act 2020 allowing same-sex legal partnerships in the Cayman Islands.

Former Governor Martyn Roper’s use of his ‘reserved power’ to push through legislation on same-sex partnerships faced a renewed challenge in the Court of Appeal Tuesday.

The Grand Court has ruled that legal aid should be granted to fund an appeal against a judicial review, which ruled Governor Martyn Roper acted within the scope of his reserved powers by enacting civil partnership legislation in 2020.

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.

Alex Potts, QC, has urged Justice Richard Williams not to rule that Governor Martyn Roper’s use of his reserved powers to enact the Civil Partnership Law was unconstitutional, because he believes such a ruling would undermine the legal protection now afforded to more than 80 families under the legislation.

Later today, 2 Dec., the Grand Court is set to hold a judicial review into Governor Martyn Roper’s use of his reserved power to enact civil partnership legislation in Cayman.

Grand Court judge Richard Williams has granted permission for Colours Caribbean to join a judicial review, as an intervening party, into Governor Martyn Roper’s use of his emergency powers  to enact same sex legislation in Cayman.

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 on Tuesday 19 Oct.

While local couples, both same-sex and heterosexual, have been making use of the Civil Partnership Act, LGBTQ+ advocates here say it still falls short of offering the protection needed to be on a par with marriage.