No Healthy Society Without Equality ..........

The following appeared in the Gleaner today, for the most part I am in agreement but my concerns are in red in the piece.

then Prime Minister Andrew Holness and Parliamentary Opposition leader Portia Simpson Miller after the 2011 leadership debate

by DUJON RUSSELL

The visit of Randy Berry, special envoy for the human rights of lesbian, gay, bisexual and transgender (LGBT) persons in the US State Department, and Todd Larson, senior coordinator for LGBT affairs in the US Agency for International Development (USAID), has sparked opposition and demonstration by the Jamaica Coalition for a Healthy Society (JCHS) and the Love March Movement (LMM).

The action and attendant alarm raised by the respective Christian groups would be deemed irrational, and plainly ridiculous, because of the lamentable prominence which it places on the retention of the buggery law, in promoting a 'healthy' society.

There is no doubt that the retention of the buggery law, which seeks to criminalise gays and men who have sex with men (MSM), with up to 10 years imprisonment, who engage in consensual sex, in the privacy of their bedrooms, creates the space for oppression, indignity and inequality of LGBT persons, and that it gives licence to individuals of the anti-gay demographic to perpetrate violence and other criminal behaviours against these vulnerable persons.

Objective individuals are yet to ascertain, from all the lobbying and the arguments made for the retention of the buggery law, how the phenomenon of oppression, indignity and inequality, which are the three main factors affecting the lives of LGBTs, would be eliminated.

There has been repeated calls, including from the Opposition Leader Andrew Holness, for the review of the buggery law to be put to a referendum. In fact, Holness has a penchant for calling for a referendum on matters of national importance, which require sensible, objective, and careful legal input and determinations - the decriminalisation of ganja; and whether to make the Caribbean Court of Justice (CCJ) the final appellate court for Jamaica.

Referenda on buggery will only seek to assist the sitting party in power to strengthen their base and capital and they might find themselves winning several elections for the next decades to come as they will be remembered for blocking 'battyman' hence the footballing of the issue, the PNP is also aware of this and hence they delay tactic as hinted in my previous post, they too know and are cognisant of the threat made by the JCHS etc of voting any party out that touches the buggery law and so since winning elections is the name of the game no politician in our climate presently is really going to do the right thing out of fear of being sent to the wilderness.

It escapes me, as well as several judicious luminaries whom I have been in dialogue with, how matters of such significance, which affects the rights of persons, particularly in a vulnerable space, could be put to a referendum for the electorate to decide on, when many ordinary persons in the electorate can barely, if ever, make simple, common-sense decisions when faced with conflicts and daily challenges of their own.

Referenda are also used as testing instruments to measure the ground support and are usually highly politicised in nature with parties holding hardened positions, namely the CCJ bill debate presently.

The current administration has rejected calls by the Opposition for a referendum on the decriminalisation of ganja and the CCJ matter. We would hope that common sense would prevail in the minds of said administration that the buggery law, like any other law on the books, must be canvassed in Parliament, by the legislators, and that objective reasoning and actions must be the order of the day.

The buggery law cannot be enforced against consenting adults who engage in anal sex in the privacy of their bedrooms. 

On the contrary how the law is enforced even in private (disturbingly without a search warrant in previous instances) the police as has happened before after being summoned can enter the threshold of your property and arrest persons so accused by neighbours or a call to 911 about 'suspicious' activity, the trick is to prove it on their part via a doctors' examination/report as outlined in my previous post and the associated mishaps that can occur. The police may not have been doing so in recent times but no real policy or change in the related acts has brought change to same.

I can personally speak to having the book thrown at my albeit we (myself & three other co-accused) were in a public space with no anal sex happening yet we were slapped with a buggery charge just because we were said to be found in a 'compromising position' and although the doctors' report suggested otherwise we had to languish fighting the matter for three years in our creaking and sluggish resident magistrate court system to clear our name, thankfully we had a smart judge (one of four who heard the matter) rule a sine die adjournment (could have been called up in 7 years if the arresting officer found new evidence) that was 18 years ago.

also see the Raymond Pryce video below where he explains the police's role in holding accused adults and the rape conundrum.

There are also reports of an increasing number of heterosexuals who engage in anal sex, consensually, in their private spaces. How could the buggery law be relevant and enforced in such circumstances, without breaching the fundamental rights of citizens?

There still would be need for some type of change with regards to buggery as non consensual acts or rape has to be covered among adults as outlined in a late in the day advocacy shift by JFLAG for example:

their position changed from full repeal to decriminalization in 2012

Since oppression, indignity and inequality are like a cancer, then there can be no 'healthy' society, as advocated for by these two Christian groups, unless it is eliminated, and the persons respected, regardless of their sexual orientation. Let us use logic, and leave emotions out, when dealing with matters of significance and law.

ENDS

also see:

Healthy coalition nonsense! indeed

J-FLAG now advocating for decriminalisation of buggery

JFLAG Tries to Clarify its Agenda

Opposition leader (JLP) reiterates his call for a referendum on Buggery

Non Governmental Organization Consultant says JLP suggested Referendum on Buggery is not a good idea

Opposition Leader sides with antigay groups on referendum for buggery

Jamaican Opposition Leader says he would allow homosexuals in his cabinet ..... departing from his predecessor

PNP’s Bobby Pickersgill differs on Conscience Vote route to decide on Buggery Law

PNP's Damion Crawford says it's highly unlikely buggery review will happen ........ it's not important now

PNP Wins ................Hope for LGBT People ??

The Line in The Sand for The JLP part 13 - the ascention but the question:Will Holness be a pro-rights PM?

Foreign Affairs Minister says Govt should be cautious on gay rights issues in Jamaica

On Buggery and gays in cabinets with politics ............ some responses ......

Milk River PNP Councillor says no to buggery repeal ..

J-FLAG Disappointed With PM's Unfulfilled Promise, Though She Remains Best Hope

PNP: No election money from gay groups ....

‘Idiot plan that!’ - Many Jamaicans against Buggery Law review .

The Pink Report on JFLAG's handling of the Charter of Rights issue

PNP 2006, No plans to Legalise Same Sex Union (FLASHBACK)

No Same Sex Marriage says Prime Minister in Charter of Rights Bill Debate (Bruce Golding)

Church angry, gays happy PNP on collision course with Christians ………………. but some of us are not impressed

President of the Senate warns against discrimination based on language, sexual orientation

Mark Wignall ....... Gay Lobby will wait in vain

NOT READY FOR GAYS ……. GAY MARRIAGE SMOKE SCREEN REINTRODUCED ……………. POLITICAL DODGING 2011

Promised (I mean suggested) Conscience vote on Buggery law not a priority right now (yet again) says Prime Minister Portia Simpson Miller
Promised Conscience Vote on Buggery in Jamaica was a fluke, Sexual Offences Bill to be updated 2014 says justice minister

Mark Wignall on Buggery law review promise was a political sham

On Buggery and gays in cabinets with politics ............ some responses ............

The Line in the Sand for the JLP Part 14 ...... but vote ☐ PNP ☐ JLP ☑ Legalize Buggery/Anal Sex in private ........

JFLAG Position Statement on Upcoming Conscience Vote on Jamaica’s Buggery Law earlier released before the change of direction by the PNP.

BUGGERY LAW BACKLASH – BLAIR: THE CHURCH HAS BEEN SLEEPING – BLAIR WARNS REVIEW COULD LEAD TO SAME-SEX MARRIAGES 2011

Promoting homosexuality? No, its about freedom of choice, privacy & tolerance 2009 post

this old poll from 2012:

Member of Parliament Raymond Pryce on Buggery



flashback to Mrs Simpson Miller dodging on the suggested conscience vote:

Long road ahead folks.

Peace and tolerance

H