Belize Supreme Court overturns sodomy law for consenting adults

BELMOPAN, Belize (CMC) – The Belize Supreme Court Wednesday overturned the country’s sodomy law with Chief Justice Kenneth Benjamin ruling that Section 53 of the Criminal Code which criminalizes consenting intercourse between adults of the same sex contravenes the right granted by the Belize Constitution.

Lesbian, Gay Bisexual and Transgender (LBGT) activist Caleb Orozco and his United Belize Action Movement (UNIBAM) had in 2010 challenged the law claiming it contravened the country’s constitution of no interference with a person’s dignity and personal privacy, as well as equality and equal treatment of all persons before the law.

In a statement on his Twitter account, Orozco said “we won on all counts. Speechless.

“The Chief Justice of Belize. Kenneth Benjamin have found that Section 53 of the criminal code is unconstitutional and must be struck down”

“He said sex extended to sexual orientation in our constitution, amplifying our rights,” Orozco tweeted.

Belize has had the law in place since its days as a British colony and the President of the National Evangelical Association of Belize, Pastor Lance Lewis, in an immediate reaction, said Christians must now resist the coming changes to the society.

““We have come to the bottom. The only way out is up, and we will get up when we get down on our knees,” he said.

Patrick Menzies of BelizeCan Patriots and the Alliance of Church Leaders and Ministers of Belize held the Belizean flag upside down, declaring that it was “all over” for Belize.

The written judgement in the case was not immediately available but the Chief Justice said that the Court had an obligation to amend the law to bring it in conformity with the Constitution, and ordered an amendment specifying that the section does not apply to consenting sexual acts between adults of the same gender.

In his new two hour ruling, Chief Justice Benjamin said the Court could consider, but could not act on majority and publicly held views, particularly religious views.

He also said that removing the section would help accelerate the fight against HIV, especially among men who have sex with men (MSM), and who are stigmatized and thus refuse to participate in testing and treatment programmes.

Meanwhile:

Lisa Shoman, SC - Attorney for UNIBAM via her Facebook profile

"I think we won on all the points that we had asked the Chief Justice to rule on. The offending section for 53 has been read down which means it will be amended to exclude any acts between consenting adults in privacy. That is the essence of the ruling so the look of section 53 will change; the court has the power to do that."

Belize 7news also carried the issue in part:

That law reads, "every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for ten years."  Orozco told the court that the law criminalizes intimacy between gay men who are consenting adults, and it violates their rights.

Today, the Chief Justice handed down the momentous decision – planting a stake for gay rights in the country's first culture war which featured public morality on one side, and individual freedom of choice on the other.

Indeed, very high stakes, and this morning the courtroom was packed with personalities from both sides of this divisive issue. He read the entire judgement which took him a whopping 1 hour and 29 minutes. The judge has ruled that Section 53 of the Criminal Code has on a homosexual man is disproportionate. It contributes to prejudice, and lends itself to the stigma that all gay men should be treated like criminals. The judge says that as a consequence, it degrades and devalues gay men, by offending their right to human dignity.

He ruled that Section 53 is in breach of the constitutional rights of gay citizens, and it needs to be amended. To fix the offensive legislation, the judge has made an order that there will be an additional clause which will be added to the law. That new clause reads quote, "This section shall not apply to consensual sexual acts between adults."

The fix preserves its intended use to criminalize the sodomy of boys who are under the age of consent, and it also criminalizes rape committed by one male on another.

It is a landmark decision which will be read worldwide, and studied very closely in the Caribbean.

7News had a front row seat for this morning's decision and we got the reaction from all sides. Daniel Ortiz reports:

Martha Carrillo - Excited About the Win

"We have arrived, we have arrived, we have arrived. The judge has ruled in our favour and there is no one who can take this moment away from us."

Caleb Orozco - Victorious Against Sodomy Law

"I have to say I am extremely laded and I'm saying laded, I'm speechless right now but because today is really really important I will as you guys to join me at UWI for 2 o'clock to do a more extensive discussion and I would hope that you all could make it for 2 o'clock. This is huge for me!"

That was the mood of elation from those within the local LGBT community and their sympathizers after hearing that the judge had ruled in Caleb's favour. Consensual sex between gay men is legal and no longer punishable under Belizean law.