Keep Law Out of Gays’ Bedrooms (FLASHBACK)

(a poignant article published way back in October 31, 2004 but tenets espoused are still relevant I think)

Oswald Harding was one of thodr forward thinking senators back in the day, pity we cannot have such persons around who think first and not worry about political implications and or winning or not winning elections in fear of supporting gays (homosexuality)

The issue raised in the piece still ring so true today as the arguments are the same for all intents and purposes. Harding has since retired from politics but his words ring true.

Here we go

By Dwight Bellanfante, Observer staff reporter

THE law has no business in the private bedrooms of consenting adults, such as homosexuals and prostitutes, former attorney-general and justice minister, Dr Oswald Harding is insisting.

Harding remains unconvinced by the argument that the law should be used to enforce moral codes, and argued that the private activities of consenting homosexuals and prostitutes should not be criminalised.

Harding, who was attorney-general and justice minister and later foreign minister in the Jamaica Labour Party (JLP) administration of the 1980s, is basing his argument on the findings of the Wolfden Committee in Britain in 1954. He noted that the report recommended by a majority of 12 to one that homosexual practices between consenting adults in private should no longer be a crime. And it unanimously recommended, he said, that in the case of prostitution, though it should not itself be made illegal, there should be legislation “to take it off the streets” on the grounds that public soliciting was an offensive nuisance to ordinary citizens.

Harding was delivering the inaugural lecture of the Institute of Law and Economics at the PCJ Auditorium in Kingston last week.

He further posited that the Wolfden Committee’s report reflected those of noted philosopher John Stuart Mill in his Essay on Liberty to the effect that the function of the law “is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation or corruption of others, particularly those who are vulnerable because they are young, weak in body or mind or inexperienced”.

His comments have a particular relevance in today’s Jamaica, and internationally, against the background of current topical debate about the banning of Jamaican entertainers for anti-gay lyrics. The issue of same sex marriages has also featured prominently in the run-up to the American presidential elections.

he said.