“My concerns are that it is an exercise in futility because although I'm not a lawyer I'm fairly certain having been a part of the negotiations in London on the constitutional amendments that s. 31(4) prohibits taking the governor to court”
Ezzard Miller, MLA North Side
(CMR) Ezzard Miller, the representative for North Side has shared his concerns that the latest legal challenge by self-proclaimed religious advocate Kattina Anglin can have far-reaching consequences for the entire county. Speaking to CMR this morning he noted that not only is it an exercise in futility but could impact constitutional reform that they had long been working on.
He shared his views that although he is not a lawyer he believes the governor cannot be legally challenged especially for decisions that involve instructions from the Foreign and Commonwealth Office (FCO). He expressed his further concerns that not only is it an exercise in futility and is highly unlikely to be unsuccessful but it could negatively impact the negotiations to allow for people to be able to challenge the governor in court. This was apparently a proposed amendment to the condition that was already on the table.
Anglin has shared over the weekend that she was awarded legal aid to pursue a legal challenge against the governors decision. She is the founder of a group called Christian Assocation for Civics which appears to be focused on this single topic of stopping any passages of laws aimed at giving equal rights under the law to members of the LGBTQ community. Sources indicate that this “association” is solely run by Anglin. She has obtained a legal opinion from James Kenndy of KSG Attorneys at Law that claims the case has merit and the governor has overreached.
She encouraged people to assist with a $4,000 amount that the Legal Aid office has said she needs to self-fund for the matter.
His comments came after Miller issued a statement yesterday calling on the country to move past the contentious topic of civil partnerships in light of the latest developments. Governor Martyn Roper enacted the Civil Partnership Law on Friday using his powers under section 81 of the Cayman Islands Constitution Order 2009.
In his call for unity he shared:
“It is time now to put this partnership issue behind us and move forward in the traditional Caymanian spirit of tolerance, harmony and unity. In the process, I am sure we will find common ground to work together in the best interest of the Cayman Islands,”
Miller admits that he understands the religious context in which some Caymanians may view this topic but reminds people this is a matter of compliance with the law and legal rights:
“The truth is sexual orientation has never been a source of widespread public contention over the years. Most of us believe in the Christian value of refraining from standing in judgment of decisions people may make in their private lives. Nevertheless, many of us have recognized that, while taking pride in that value, we live in a changing world that demands recognition of rights and compliance with law.”
Miller has long supported civil partnerships and vote in favour of the bill that was laid before the Legislative Assembly on July 29.
“I have been supporting civil partnership legislation to bring the Cayman Islands in compliance with our Constitution and with the European Charter on Human Rights for the last 10 years.”
He concludes that “this legislation is not as inconsistent with the concerns and ethics of the Christian community as one would think” and shared four provisions that support this viewpoint:
- protection of the definition of marriage between a man and a woman;
- retention of the Constitutional definition of “marriage”;
- provision for marriage officers to opt-out of performing same-sex ceremonies; and
- safeguarding of the rights of churches to disallow same-sex marriage ceremonies in their houses of worship.
Mr. Miller said that he was further moved to support the bill because it provides the same benefits for same-sex couples as for heterosexual couples, a goal that must be logically shared by many people with a sense of fairness, regardless of their religious persuasion.
The North Side MLA said that in moving against the passage of the bill, the Legislative Assembly had failed to act on three very serious legal obligations:
- conformity with section 8 of the European Convention of Human Rights.
- compliance with section 9 of the Cayman Islands Constitutional Order 2009.
- fulfillment of the declaration by the Cayman Islands Appeals Court to establish a legal framework functionally equivalent to marriage.
“Despite these inescapable local and international obligations for change and the gains for the churches in the newly enacted legislation, I do understand that the heart of the matter for some members of the Christian community was their uncompromising position on same-sex marriages,” the Member said. While he respected that, Mr. Miller said, as a legislator he was charged with upholding the Islands’ Constitution and international conventions.
Miller submitted 16 amendments to the Governor to tailor the legislation to the Cayman Islands culture and mores and some of those were adopted in the final law.
“In that context I had to stand for what was in the best interest of the Cayman Islands.”
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