Kattina Anglin (Appellant) v Governor of the Cayman Islands (Respondent) Cayman Islands)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0005

Jurisdiction

Cayman Islands

Parties

Appellant(s)

Kattina Anglin

Respondent(s)

Governor of the Cayman Islands

Colours Caribbean

Issue

Did the Governor of the Cayman Islands have the power by reason of section 81 of the Cayman Islands Constitution Order 2009 (the “Constitution”) to enact the Civil Partnership Law 2020? If not, what is the appropriate relief?

Facts

In November 2019, the Court of Appeal declared that same sex couples are entitled to legal protection in the Cayman Islands, which is functionally equivalent to marriage. In July 2020, the Legislative Assembly (now Parliament) voted against enacting the Domestic Partnership Bill. However, the Governor of the Cayman Islands considered it necessary and desirable in the interests of external relations for legislation to be enacted to provide legal protection to same sex couples functionally equivalent to marriage. In August 2020, the Governor published a revised version of the Bill which, after consultation, led to some amendments. On 4 September 2020, the Governor assented to the Civil Partnership Law 2020, purporting to exercise his power under section 81 of the Constitution. The Governor explained that he exercised this power in order to meet his responsibilities under section 55(1)(b) of the Constitution, namely to ensure compliance with international obligations. The Civil Partnership Law 2020 took effect on 28 September 2020. The Appellant filed an application for judicial review seeking an order to quash the Governor’s action and a declaration that his action was unlawful. The Grand Court dismissed the application. The Appellant’s appeal was dismissed by the Court of Appeal. The Appellant now appeals to the Board.