Petition updateVOTE NO ON ANY DOMESTIC PARTNERSHIP LAW TO BE PASSED OR ENACTED IN THE CAYMAN ISLANDSBREAKING NEWS: People of the Cayman Islands initiate a legal challenge against the UK
CaymanIslands PeopleInitiatedReferendumCayman Islands
Sep 5, 2020

Please read the attached Public Statement from the Christian Association for Civics that was just received that litigation has begun to challenge the governor’s use of section 81 to force civil partnerships into law in the Cayman Islands!

If you would like to contribute towards the legal expense, your emergency financial support is appreciated within the next 48 hours.

Thank you and please share and ask those who are able to support to do so, whether it’s $10 or $1,000.

Enjoy this timely musical selection reminding us of the POWER OF GOD WHEN THE SAINTS BEGIN TO PRAY AND THE LORD SHALL HAVE HIS WAY titled “HOLY GHOST POWER MEDLEY” by Grace Thrillers (we don’t own the rights to this music):

“It’s coming down, down, down; it’s coming down;
     When the Glory of the LORD is coming down;
When the Saints begin to pray and the LORD shall have his way;
     And the Glory of the LORD is coming down!”


...

Christian Association for Civics
PO Box 625 Grand Cayman KY1-1107
+1-345-922-6644 caymanchristiancivics@gmail.com

PUBLIC STATEMENT

From: Public Relations Department

Date: 5 September 2020, 12:30pm.

RE: KATTINA ANGLIN v GOVERNOR OF THE CAYMAN ISLANDS

The Legal Aid Office has granted legal aid to Ms Kattina Anglin who is seeking to bring a claim for judicial review regarding HE Governor of the Cayman Islands Martyn Roper’s decision to exercise his powers under section 81 of the Cayman Islands Constitution Order 2009, citing that “noting the complexity/ technical nature of the matter and importance, it is accepted that the prospects outlined in Counsel’s opinion provides for the consideration of legal aid to the Applicant.”

This action comes because of HE Governor Martyn Roper’s decision to impose the Civil Partnership Law (originally the “Domestic Partnership Bill) and with it, 11 associated amended bills. The original Bill failed to  pass the Legislative Assembly with legislators citing mainly a lack of  proper public consultation, disregard for the will of the people and contrariness to the Constitution, among other grounds for rejecting its passage.

Ms Anglin, who is the Public Relations Officer for the Christian Association for Civics, had received legal input from Alliance Defending Freedom International, Christian Concern, retired Privy Councillor, Right Honourable Dame Joan Sawyer DBE and Mr Paul Diamond LLM one of the UK’s premier Christian defence barristers.

Ms Anglin is represented by Mr James Kennedy, a partner in the law firm KSG Attorneys at Law. In an email correspondence to Legal Aid Office and in his ‘Opinion for Legal Aid’ Mr Kennedy asserted that he believes the claim has merit, stating that “the overreach and interference of the Governor in the legislative processes of the Cayman Islands rather than the issue of gay rights per se is one with very significant public interest considerations and potential ramifications for the Cayman Islands in many spheres of public life.” 

Ms Anglin’s legal challenge is based on the grounds of the “unlawful use of the Governor’s powers to change the law in the face of a decision by the Legislative Assembly”, specifically that

1)      “It is unlawful to use section 81 for this purpose as it is beyond the scope of the Governor’s responsibility.

2)      “It is unlawful to use section 81 to remedy incompatibility as the Constitution specifically reserves that power for the Legislature.

3)      “It is irrational to act when the Court of Appeal’s judgment is subject to a pending appeal before the Privy Council.”

The Opinion contends that “Not only would the act be beyond the scope of the Governor’s powers, it would undermine the plain intention of the Constitution, which states that it is for the Legislature to remedy any alleged incompatibility.  The act would be in breach of the Constitution and therefore unlawful”.

Questioning whether the Governor’s actions are rational in a matter that is sub-judice the Opinion observed that “…it is conceivable that the Privy Council may reverse the Court of Appeal’s declaration of incompatibility.” 

Mr Kennedy’s opinion is also reflected in the views of Mr Diamond in a separate correspondence in which he opined also that the Governor is acting ultra vires and that a declaration should be brought against him.

“My Constitution was being butchered, the majority of my people’s concerns were rejected and my legislators were being disrespected. The majority of people are unaware of the dangerous precedent that is being set with the Governor taking action in this way, although the government and its leadership makes no mention of it. I had no choice but to intervene in what I saw as a blatant violation of the Rule of Law”, said Ms Anglin.

“The passage of the Civil Partnership Law does not affect my right to a judicial review”, she concluded.

Ms Anglin has been awarded limited Legal Aid but was required to make a mandatory contribution of $4,000.00, an expense to which members of the Cayman community have begun to contribute. Donations are being accepted at Butterfield Bank through the Christian Association for Civics, account number 136 175 4980015.

OVERSEAS DONATIONS can be made via:
     Butterfield Bank (Cayman) Limited
     BIC: BNTBKYKYXXX
     For final credit to:
     Beneficiary account #136 175 4980015
     Beneficiary account name: Christian Association for Civics
     Beneficiary address: PO Box 625 Grand Cayman KY1-1107
ENDS~

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