The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009
Showing posts with label Keep Law Out of Gays’ Bedrooms. Show all posts
Showing posts with label Keep Law Out of Gays’ Bedrooms. Show all posts

Monday, April 25, 2016

I don’t want to peep in your bedroom ... oh really now

0 comments

excerpt from Gleaner

So Dr Wayne West of the JCHS has come out swinging claiming he is not into peeping into bedrooms of consenting adults who practice anal sex via an article in the Gleaner; most consenting adults overall who engage in buggery practice so in their bedrooms I imagine or private spaces as outdoor sex is still seen as illegal and attracts gross indecency charges which has a monetary fine; then if he is so inclined as to not become a peeping Tom then why won’t he publicly support the amendment of the buggery law as is now proposed and pursued (finally sensibly) instead of pushing for the law’s retention?

the article said in part:

'I Don't Want To Peep In Your Bedroom' - Anti-Same-Sex Campaigner Says Fight Not About Stopping Consenting Adults

Outspoken representative of the Jamaica Coalition for a Healthy Society, Dr Wayne West, has declared that his advocacy for the retention of the buggery law is primarily fuelled by his concerns for the freedom of Jamaicans rather than any interest in the bedroom happenings of consenting adults.

"The buggery law is not about peeping into anybody's bedroom. Don't let them fool you. That is what they would want you to believe, and they say, well, do you want to peep into someone's bedroom? Of course you wouldn't. Who would want to peep into anyone's bedroom?" West asked last Tuesday during a public lecture on how some international agencies are helping to sexualise children.

"We don't want certain things on the streets. We don't want them in our churches, we want to be free to say thus say the Lord," said West.

STRONG OPPOSITION
 
He argued that strong opposition to the country's buggery law has caused him to help to organise several marches to protest any attempts to tamper with Jamaica's traditional understanding of the family.

There has been increasing calls in recent times to review the centuries-old law, which is considered oppressive to some citizens.

"When we speak to the buggery law, we are not speaking about peeping into any body's bedroom, as persons like to say," he said.

"We are talking about what is happening on the streets and what is going to happen in your business, what is going to happen in your church, what is going to happen in your school, or whether you will be able to keep your job or your business, because this is in the public domain, and what we are seeing really is a plan for sexual anarchy and sexual nihilism," said West.

He charged that persons who opposed the homosexual lifestyle in some countries are prosecuted, and Jamaicans need to be free to practise their democratic rights.

"If Jamaica wants to go that way, then fine, but this must not be forced upon us and certainly must not be sneaked upon us ...," said West.

"This is a democracy, so what happens is completely in the hands of the people. The people are free to share their opinions."

What does he mean when he says?

“We don’t want certain things on the streets. We don’t want them in our churches.”

Am I to understand that Dr West thinks outward displays of affection is going to simply cause persons to be homosexualised or is he blindly unaware of the fact of what can and has happened in some instances of such expressions in public. Or like some churches one can be gay or suspected to be so but remain a member so long as they keep it to themselves; no wonder he gladly embraced Queen Ifrica, after all her “Keep it to yuself” song promotes staying in the closet; he also pushing outcasting homosexuals simply due to their sexual orientation when the very master himself does not promote exclusion; lest we forget the alabaster box story and the washing of the feet of Jesus by a scorned prostitute, to which he rebuked those who expressed such disdain. So the church in West’s eyes must be pure of all sinners when the very church is supposed to be the place to win souls for the kingdom.

He who is without sin let him cast the first stone.

With the obvious backwardness as displayed recently at the anti gay group Jamaica Coalition for a Healthy Society JCHS of so called concerns on sex education in schools and a call for a kind of purging of same albeit in an information age then it is no wonder some of our challenges continue; thinking hiding information from minds when said info is a literal finger swipe away on a device (maybe the JCHS may want to censor the internet later) then they are fools frankly.

Where are these voices like JCHS when the very sexual assault and related fears turns up in churches of all places or carried out by pastors on church sisters and the age old issue of clerical abuse via priests? Then comes the rubbish frankly by Dr Wayne West chief protagonist of JCHS that “I don’t want to peep in your bedroom” claiming that the fight is not about consenting adults, then if it is not about peeping into bedrooms so to speak and the false dichotomy about freedom of speech then where else would buggery be mainly committed by said consenting adults?

It is this backwardness and supposedly protecting children in a misguided attempted to purify minds that have kept many in ignorance and hence the sometimes ridiculous debates, accusations and counter accusations of sexualizing children. Does not this same group really sit down and listen to the dancehall lyrics that play on open radio every day? The very violence, sexualisation and such are promulgated by the very religious right groups on some moral quest yet find it convenient to deliberately continue to conflate abuse with same gender sex in the continuous efforts to ‘other’ those who are not as they are. With pressures such as this from fanatics and an un-naturalizing of same gender loving relations then it is no wonder to me that to gain some legitimacy by adopting negative constructs seen as acceptable elsewhere.

Then comes the usual ‘sexual nihilism’ and ‘anarchy’ argument which to date he has not been able to properly substantiate while tying in freedom of speech given the Professor Bain matter and such. More rubbish again while crime spirals out of control, where are the sentiments on the madness happening out there from West et al? I am sure May coming as seen as child’s month there are going to be much online activity and newsletters as done before by JCHS and youth arm Lovemarch on a pretext of concern for children; then we can also expect JCHS partner Betty Ann Blaine also weighing in on child abuse and rightfully so but mistakenly if not deceptively conflating abuse, grooming with same gender sex. Let us see what comes next eh.

More anon.

Peace & tolerance

H

also see:

Friday, April 15, 2016

Why “You cannot legislate morality, but your legislative framework can send a signal ....” in the 2K16 throne speech?

0 comments


I was taken aback for a few seconds during the throne speech delivered by the Governor General Sir Patrick Allen on April 14, 2016, the captioned text was part of the presentation which I found not only inappropriate but seems to be a coded message on what is to come; chiefly the much touted and pushed by religious right anti gay activists referendum on buggery. Why put a veiled threat in such a potentially explosive issue in a throne speech, who is the Jamaica Labour Party administration pandering to? I imagine it is the church mostly or the ever louder anti gay groups; some of them voiced their praise of the hint in the throne speech as to the retention of the buggery law via a referendum cop out on radio recently where there was a discussion with Jamaica Coalition for a Healthy Society, JCHS representatives on the breath of change TBC radio. Anticipation is high on the expected referendum even as the buggery law is being challenged in the constitutional court (I am not feeling it neither are many LGBT folks) and the JLP instead of doing the right thing which is bring an amendment to the Sexual Offences Bill via articles 76, 77 & 79 to decriminalize the ‘buggery law’ to be specific to consent, privacy and age appropriateness.

‘Morality’ here I imagine homosexuality specifically without it being said openly bearing in mind homosexuality is not illegal in Jamaica but a sexual practice by some gay and bisexual men is in terms of anal penile penetration sex and indeed any other anal contact that can be proven as highly suspicious as defined in the lesser related charges of gross indecency and grievous sexual assault. We must also not forget the Prime Minister similar to his party’s predecessor is Seventh Day Adventist and is seen to continue in some way that moral agenda as carried by the ‘not in my cabinet’ Bruce Golding. While I understand the need for public order, decency and true tolerance even in the face of the feared public displays of affection by same gender loving persons, the paranoia literally is frightening as expressed in recent utterances and leaves one thinking that making such overtures between consenting adults especially is somehow contagious just by sight to impact persons to act especially children.

The section of the throne speech addressing this appears on page 14 of the document where it read:


THE 2016/2017 LEGISLATIVE AGENDA

Honourable Members, justice is integral for the improvement of the general well-being and to create a prosperous society. The rule of law must apply to all and we must seek to foster transparency, disclosure and fair play. 

You cannot legislate morality, but your legislative framework can send a signal as to your sense of morality. The principles of equality, fairness, natural justice and transparency must be enshrined in our laws and underpin our legislative efforts.

Then if morality cannot be legislated in the first place why include it in a throne speech again I ask, what changes that are considered so deleterious that that caution was needed as part of the planned legislative agenda? This is disturbing to me and it might be seen by some as knit-picking but it is in one-liners or phraseology that the devil is hidden and subtle messages are sent. Especially with our politicians who cannot be open about what they do it is expected and can be missed at times as so many other things dominate the national daily agenda. 

Strangely since the election win the JLP administration seems to be very guarded and strategic in discussing this matter except for the hint in the throne speech. In checking around online and on the JLP related Facebook groups the buggery law discourse is either muted or non-existent. A short interview on the Seventh Day Adventist owned Northern Caribbean University, NCU radio on Sunday February 21, 2016 prior to the February 25 elections then opposition leader now Prime Minister just very briefly hinted to the Sexual Offences Bill amendment and the possible referendum on buggery; I guess the JLP is waiting for the outcome of the ongoing constitutional court challenge to act. Which will come first is unclear the referendum or the judgement in the affirmative; I am not so hopeful on the challenge as it lacks the tenets I was expecting to see in the affidavit submitted by the claimant and there is very little buzz on it in the population.

What message from the legislative framework is needed to be sent? One of theocracy on the premise of keeping an old 483 year old legislation and why oh why was there no mention of the referendum in the throne speech seeing it was the draw card to appease the religious voices. The meeting that was being sought by JCHS and other antigay groups with the new administration was it gained and it so what was discussed? Too many questions and uncertainty abound and this seems to the JLP nicely playing to the gallery to get some traction on the one seat majority in the house seeing that the now opposition hypocritical PNP was or is seen as too pro-LGBT since the suggestion (seen as a promise) conscience vote that never materialized; so we were duped in essence.

Let us see if the answers will come forth.

Peace & tolerance

H

Monday, November 16, 2015

Tufton on Same Sex Marriages & Growing Up ..... Charles panders to antigay position

0 comments





Well it seems it is Christopher Tufton who may need to grow up and take his own advice as headlined in today's Observer. Often seen as the more statesman like politician in the JLP (lawd they sure do need it) although Holness's public persona has improved Tufton has survived the letter-gate scandal and such as he was given the boot from two attempting member of parliament races; but on gay marriage he failed miserably although days ago his actions in the senate regarding the CCJ bill was seen as an elegant rebuff to the majority PNP seats and the 1 opposition member vote they needed to pass the bills evaporated in front their and our eyes.


In an article on US policy Tufton in the Gleaner yesterday he argued:


 .................Same-sex marriages


A more recent controversy among a significant cross-section of Jamaican society is America’s policy towards same-sex couples and same sex marriage. The Obama administration has hailed the ruling of the highest court in that country in support of same-sex marriage as a positive turning point for that country and seems to be anxious to make the promotion of this new phenomenon a part of US foreign policy. Already the churches here in Jamaica have signalled their intentions to strongly oppose any move such as this within our Jamaican parliament. I suspect that the churches will have majority support in the wider populace, which would clearly demonstrate a point of disagreement between both democracies.



With all this said, a harmonious Jamaica-US relationship is critical for Jamaica’s growth and development. Strengthening those ties requires ongoing dialogue between the two countries, respect and an appreciation of each country’s sovereignty and perspective. Jamaica is clearly the smaller and more vulnerable of the two countries, which means we may need to make more effort in making our case to benefit from this relationship. We should not kid ourselves that this is a case of two equals.


At the same time, an economically depressed or destabilised Jamaica or Caribbean region, in the backyard of the US, cannot be good for that country. In one sense we are joined at the hip, and need each other for the stability of the region. We should work to understand the issues that affect us both and make the effort to strengthen the quality of our working relationship, and also our friendship.

- Dr Christopher Tufton is a former government minister and co-executive director of the Caribbean Policy Research Institute, a University of the West Indies, Mona, policy think tank and a recently reinstated senator. Email: cctufton@gmail.com 


ENDS

Ironically the captioned Observer headline page the story entitled: Tufton urges political maturity to counter voter apathy, it read in part:

"Political parties have not been willing to identify areas of common national interests and accept, where necessary, that they are willing to build on those gains that have been made as a country, irrespective of if they were not the individuals or the party that was responsible for those gains," Tufton said.

"If we did, it would give Jamaicans a sense that it's not just about partisan politics, but about what's in the best interest of the country," he added.

Tufton was addressing a Jamaica Labour Party (JLP) divisional conference in St Andrew West Rural and framed his comments against the backdrop of general disinterest in politics by Jamaicans which, he said, will be evident in the next general election.

Constitutionally, the life of the current Government expires in December 2016, however the Portia Simpson Miller-led Administration has signalled that it intends to call the general election earlier, resulting in both the ruling People's National Party and the JLP engaging in frenzied campaign activities across the island over the past few weeks.

Speculation is rife that the Government intends to seek a fresh mandate next month, but under the Westminster system, only the prime minister can name the date for elections. Since the October 1980 General Election, when the voter turnout was almost 87 per cent, Jamaicans have steadily been going to the polls in fewer numbers. For instance, in the December 2011 election, the voter turnout was 53 per cent, which was said to be the lowest in the country's history. Yesterday, in his address, Tufton said this must be cause for concern "to all of us who may offer ourselves for elected political office, and we must ask the question why".

According to Tufton, there were several factors contributing to Jamaicans becoming increasingly turned off from politics.

First is that "voters are feeling that politicians have not helped to improve the quality of their lives in their communities, as promises made and not kept over many years have placed the believability and trustworthiness of politicians at a all-time low".

The second factor, he said, was disunity and divisiveness among or between political colleagues and political parties, which "have reinforced perceptions among the public that if we can't work together as a team, there is reason to be cynical as to whether we can work for the best interests of Jamaicans".

The third factor was the unwillingness of political parties to identify areas of common national interest and build on those gains regardless of which party was responsible for them.

He urged Labourites to work hard to overcome those challenges, but pointed out that the third point requires political maturity that, "if demonstrated, would see more Jamaicans, particularly [the] middle class, engaging the political process at all levels, to the benefit of those politicians and political party that demonstrate that political maturity".

Added Tufton: "As a party we must focus on ideas rather than personalities and distinguish ourselves as better managers of the economy, but also as the party that is willing to embrace national gains from wherever its origins."

He said the JLP's history of "great policy ideas", and track record of implementation when in office, distinguished it from the alternative. "And so I urge Labourites to put our focus and energies there in order to encourage greater engagement from the uncommitted voting population," he said.

ENDS

But at the rate his JLP colleagues are going with the CCJ Bill debate and the exploiting of homophobia on two major fronts this time around where his party leader says he will do a referendum on buggery (obviously pandering to the religious right) and then the 'Fish' comment by Mr Holness in recent days can Tufton expect that if LGBT voters really decide to vote on issues mainly the decriminalization of buggery that his party will win? Or is his appeal is just for the uncommitted excluding said issues for the minority group?

I was expecting better analysis on the subject of LGBT rights from him than just some fear of it as implied in US policy by the Obama administration. His opinion also seems to confirm what some religious right voices are complaining of that the US is imposing its will with regards to homosexuality thus siding with ignoramuses as an import of some kind. 



Where are the sensible minds in the senate such as the former Attorney General, Foreign Affairs and Justice Minster Oswald Harding of the very JLP who in 2004 said: Keep Law Out of Gays’ Bedrooms (FLASHBACK) or Harding warns against discrimination based on language, sexual orientation (Observer 2011) is this the reason why we do not see him anymore around politically? He the longest serving senator in the nation's history. He was born in Kingston. Harding was the first person to serve as President of the Senate of Jamaica for two non-consecutive tenures, serving from 1980 to 1984 and from 2007 to 2011. First appointed to the Senate in 1977, he served in the body continuously until 2002, and rejoined the Senate from 2007 until his retirement from politics in 2011. His first period as a senator was the longest continuous tenure in the body's history.

then yesterday:



"This will never happen here, not as long as I am alive," declared Charles to huge cheers adding that he would enlist the church to help him in "the fight".

Veteran politician Pearnel Charles has reignited the gay debate telling Jamaica Labour Party (JLP) supporters in St Ann that a four-year-old promise by then Opposition Leader Portia Simpson Miller was purely aimed at getting support.

In the lead up to the 2011 general election, Simpson Miller had commanded riveting attention from members of the lesbians, gays, bi-sexual and transgender (LGBT) community when she promised that as Prime Minister she would facilitate in Parliament a conscience vote on the controversial issue of the buggery law.

But with the current political cycle coming to an end, that is yet to happen.

READ: Gay, but not happy: J-FLAG disappointed with PM's unfulfilled promise

Speaking in Alexandria, St Ann Sunday night, Charles, the Member of Parliament for North Central Clarendon, stressed that the JLP will not countenance men marrying men.

"This will never happen here, not as long as I am alive," declared Charles to huge cheers adding that he would enlist the church to help him in "the fight".

He was supported by former MP for South West St Ann, Ernest Smith, who declared that the People's National Party must not be allowed to turn Jamaica into Sodom and Gomorrah territory.

The JLP has used this strategy before in the 2011 campaign as well, remember this one?: go to about 3:30 or so to hear Clive Mullings


also see:

The CCJ: The Role of the electorate

Christians say ... Don't force gay agenda on them ........ lol

MP, Attorney, Ernest Smith sings different buggery tune 2009 and Ernie Smith's trope in this four year old video report:




Homophobic Violence Ernie Smith & Venom 2009 from sister blog GLBTQ Jamaica


Would Lawyer MP Ernest Smith Represent Gays? 2009

Congratulations America! Cheers To Liberty! ....... Gay Marriage at last!

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

"Keep it to Yuself mentality" on homosexuality part 3 .... stay in our bedrooms? 2012

Andrew Holness & that 'Fish' comment; politicians who exploit homophobia

When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance ......... more smokescreen to deny recognition

More gay marriage paranoia from anti gay Jamaican groups Sept 2015 or this older short podcast:



Peace & tolerance

H

Thursday, October 15, 2015

The line in the sand part 7: Fencers & polls

0 comments



Yes I am now on the fence albeit all the recent drama.

follow from parts: 1, 2, 3, 4, 5, 6,

So since the last time in this series arson has factored in Raymond Pryce’s constituency office albeit he is not slated to return given his dubious resignation letter, the attorney General Atkinson has problems in his seat as delegates cry no for him to continue to represent them; then in St Thomas the Moore lawyer lady who won the right to represent the constituency on the next ballot for the PNP is told the decision by what is often described as democratic system at the local level is throw out and the central body of the PNP says the loser and present MP should stay and discussions of buggery law reform are nowhere in sight save and except for a certain Pryce person getting continued flack and character assassinations on social media with the battyman colloquial colorfully dotting the rhetoric.

Yesterday in Portland we saw PNP supporters calling for Daryl Vaz! Of all people, that must be a joke but I’ll watch that one for next time in this series.

Meanwhile

Polls, polls and more poll results suggest all kinds of things dependent on where and when they were taken, one suggests a statistical dead heat post the Cameron prison deal or no deal fiasco and the public backlash coupled with the intervention of former Prime Minister P. J. Patterson in a lecture open letter but that while welcomed has triggered a take the beam of out of your eye first PJ regarding his tenure and the atrocities namely the seemingly less intellectual rigour by him on black consciousness despite his winning line “A black man time now” party leader Portia Simpson Miller is now seen as so needed to speak for herself and take charge. The headlines in the paper aren’t looking good either since Sunday as it has been bad news for the administration. When was the last time we saw such confluence of developments that aspire to do political damage to an incumbent? Under normal circumstances one would have seen Mrs Simpson Miller at what she does best on the campaign trail. Political hustings and on platforms, she would be blasting the opposition and declaring them unfit to be in office.


from the Gleaner

also see from the Gleaner: Portia Unwanted

The governing People's National Party (PNP) has said it is not yet ready to respond to the findings of  the latest RJR/Don Anderson poll which shows the two main political parties in a dead-heat.

When contacted last night, PNP General Secretary Paul Burke said the Party will review the results and respond in due course.

Two hundred PNP candidates (for general and local government elections) and campaign managers have been meeting in a three-day retreat in Ocho Rios, St Ann. Last check of their FB page there was nothing on the ongoing issues except the live streaming Bunting presentation ad.



57% of those polled in September 27 by Bill Johnson say they are not interesting in seeing Mrs Simpson Miller and she should not be returned as Prime Minister. Then suppose it were done now post the Cameron et al matters, her reluctance to address the media and hands off approach is the chief reason for such feelings. Only 30% said the once popular PM should return, this seems unprecedented to me for a PNP administration. What is this doing to her as PM and her effectiveness and can she lead onwards comfortably? How will the machinery deal with the debates that are to come facing 57% not to return and 51% having an unfavourable view of her. The Don Anderson says it’s a dead heat at 30% with the opposition that is gaining especially with those poverty to prosperity townhnall meetings streamed online these days and live broadcast via radio.



Clovis (Jamaica Observer) touches the the begging or mendicancy issue I have a HUGE problem with


More from JIS HERE, spin doctoring for the more bitter medicine to come?

Mrs Miller has to call elections soon some say and I agree in some respects as the IMF restrictions are only to get harsher as frugality or austerity kicks in fully and the PNP fears even more disenchantment from the public and their previously strong support base but will the JLP if they come out office carry on the bitter medicine given their own criticisms of the program and some of the obligations we are signed into. Soundings from the party say they will continue the deal but I have not heard or seen yet any hint of re-negotiations and what “man a yaad” Audley Shaw can boast about getting cheaper money at rates below 5% out there so let me wait but I won’t hold my breath.

no sounds yet on Buggery Law reform matters as antigay groups are loud and other matters worry the party now

The PNP is concentrating on how to save the Simpson Miller administration I feel this hour at their retreat from being a one term government it seems as the JLP suffered in 2011 as their arrogant campaign devoid of highlighting their achievements led to their surprise exit as two term runs were the norm. The PNP is a very resilient organization and is able to hunker down internally and come up with a comeback strategy the JLP does not have that level of discipline and tradition. The PNP has fallen down precipitously from 24% to 17% last year in popularity and gained a 9 point gain this year; when Anderson went back and in July another 4 points to pass the JLP, the JLP moved 1 point in December 2011 to July has jumped 5 more points in September 2015. This strangeness in the numbers suggest fence sitters are watching the opposition or going against the government even as the opposition is noted for self destruction, if they had settled a year and a half ago it would be a different story today in terms as gains. The question asked in the Bill Johnson poll to respondents on both leaders was What’s the first word you think of when you hear the name of Portia Simpson Miller/Andrew Holness?

Results(%): HERE

It looks hard for Jamaicans to come up with anything significant that the two leaders have accomplished and that accounts for the responses.

The fracas at the Supreme Court yesterday between two lowly police officers guarding several murder accused and such at the dock with one officer injured has only brought back the magnifying glass on National Security Minister Bunting as he lays low since the Cameron prison deal or no deal fiasco and his push back in recent days.




With the twists and turns I am getting weary and I have not seen or heard any sound in my constituency from either the Councillor or the JLP member of parliament, I did not even see any party workers to get new enumerators coming by to convince persons to vote for either side and in a getting to know potential voters or new recruitment for the voter’s list. I am not even sure I am going to vote again, ugh even as I await my new national ID/voter card that I applied for on the last day of registration on September 30.

Finally you all remember this in 2012?:

Bruce Golding & Portia Simpson Miller in the produce dept of Loushusan

Mek we see wah come next nuh.

Peace and tolerance

H

Tuesday, October 13, 2015

Lawyers' Christian Fellowship's hypocritical stance on CCJ but keep Buggery Law!

0 comments




I find it so damned hypocritical and indeed insulting that groups such as the one named in the post's title is quick on the draw to support the idea of changing our final court from the UK Privy Council to the Caribbean Court of Justice, CCJ a move I support but if they want to remove old legal English vestiges from so called colonial masters why not also support removal or decriminalization of buggery too as it is an old 482 year old now irrelevant piece of legislation.


I wonder if the LCF thinks the CCJ will maintain the savings law clauses and such that hold such legislation as buggery or the maintaining of marriage as defined as a woman and a man in a voluntary union is the reason for this strong support and not our independence judicially? 

After all the British repealed the damned thing finally in 1967 where The Sexual Offences Act decriminalized homosexual acts between two men over 21 years of age in private in England and Wales. The 1967 Act did not extend to Scotland, Northern Ireland, the Channel Islands or the Isle of Man, where all homosexual behaviour remained illegal. The privacy restrictions of the act meant a third person could not be present and men could not have sex in a hotel. These restrictions were overturned in the European Court of Human Rights in 2000. (SEE loads more below on some of the timeline thanks to the help of a gay researcher as well ....... mwah)

RJR News carried this entry on their website .......

As the Senate gears up to begin debate on whether Jamaica should establish the Caribbean Court of Justice (CCJ) as its final appellate court, several powerful groups issued a statement last night, declaring their full support for the Court.

In a joint statement night, the Jamaican Bar Association (not uploaded on their site as at this blog entry's creation) along with seven leading NGOs, associations and civil society groups urged support for the CCJ as the country's final appellate court.

The list includes the Organisation of Commonwealth Caribbean Bar Associations, National Integrity Action, University of Technology - Law Faculty, Jamaica Civil Service Association, Lawyers Christian Fellowship, Cornwall Bar Association, University and Allied Workers Union, and the Jamaican Bar Association.

The groups are hoping to convince senators opposed to the CCJ that it's time to break away from the Privy Council.

In the statement, the groups reminded the senators that access to the Privy Council is simply not available for the vast majority of Caricom nationals.

They argued that most Caribbean nationals cannot afford to take their case to the Privy Council and that the CCJ offers them an opportunity to get justice. They added that, after ten years, they have seen changes to the CCJ, as originally structured, that better secure its independence and ability to provide justice.

The Senate debate on the CCJ Bills begins on Friday.



ENDS

So we must keep old legislation and I suppose they also want to ditch the queen as our head of state indeed most people do but still we must keep a 482 year old legislation with all its twists and turns with multiple re-enactments. Theocracy at work eh? We cannot make honey from poison not when the original intent of the act was one with an imperative of ill-will in support of the English reformation under King Henry VIII.






Thomas Cromwell the law's author and parliamentarian led on behalf of the King Henry VIII the creation of the law when in the mass expelling of the Catholics and replacing that church with the new Church of England aka as the dissolution of the monasteries labelled the former in a smear campaign as a den of homosexuals essentially (the word never existed then) to do so while acquiring the church lands in what is known as the dissolution of the monasteries ending up with the greatest act of privatization in the history of governance at that time. Though the law was written and passed in 1533 and was to have lasted only one parliamentary cycle.


artwork from the Valor Ecclesiaticus document originally written in Latin

To re-enact the law and achieve the other objectives King Henry requested a report of sorts known as the Valor ecclesiasticus detailing the dollar value of the church lands and the atrocities or sins the Catholics were guilty of and right on the top of the list was buggery; making all male-male sexual activity punishable by death. Buggery related only to intercourse per anum by a man with a man or woman or intercourse per anum or per vaginum by either a man or a woman with an animal. Other forms of "unnatural intercourse" amounted to indecent assault or gross indecency, but did not constitute buggery. The lesser offence of "attempted buggery" was punished by two years of jail and often horrific time on the pillory.
1541 The Buggery Act 1533 only ran until the end of the parliament. The law was re-enacted three times, and then in 1541 it was enacted to continue in force "for ever" 

Thus it was defined as a felony without benefit of clergy, which denied homosexuals in holy orders the right to be tried in the ecclesiastical courts, with the result that a conviction entailed loss of property to the Crown. The statute was re-enacted in 1536, 1539 and 1541 under Henry VIII given new force, with minor amendments. The penalty for buggery remained death, but goods and lands were not forfeit, and the rights of wives and heirs were safeguarded; it was repealed in the first Parliament of Edward VI, along with all new felonies established by Henry VIII, but re-enacted in 1548 with amendments which no longer forfeited the felon's property to the Crown, and stipulations that indictments had to be framed within six months of the commission of the alleged act, and that no person who would benefit from the death of the accused could give evidence against him. 

With Mary's succession in 1553 it was repealed, along with many other statutes, thus giving jurisdiction back to the ecclesiastic courts. In 1563 it was revived by Queen Elizabeth I, in the harsh terms of the 1533 Act rather than with the amendments of 1548, because according to the Preamble, since the repeal of the Act in 1553 "divers ill disposed persons have been the more bold to commit the said most horrible and detestable Vice of Buggery aforesaid, to the high displeasure of Almighty God." Historical evidence fails to reveal any such excessive "boldness" for the years 1553 to 1563, and the only circumstance which prompted this severe reaction of Elizabeth's ministers was probably Elizabeth's desire to establish her claim to the throne as direct heir of Henry VIII: always politically astute, Elizabeth naturally re-enacted her father's laws rather than those of intermediate monarchs.

more related history in the UK where although the law existed there were virtually no punishments exacted etc:


1606 King James I of England (King James Bible) began a relationship with Robert Carr, 1st Earl of Somerset. Carr happened to break his leg at a tilting match, at which the king was present. The king instantly fell in love with the young man, even helping nurse him back to health all the while teaching him Latin. Entirely devoid of all high intellectual qualities, Carr was endowed with good looks, excellent spirits, and considerable personal accomplishments. These advantages were sufficient for James, who knighted the young man and at once took him into favour. James made his lover Viscount of Rochester (1611), Knight of the Garter and Earl of Somerset (1613).


1614 King James I of England met the last of his three close male lovers, George Villiers, 1st Duke of Buckingham, the son of a Leicestershire knight. George Villiers could dance well, fence well, and speak a little French. In August, Villiers, reputedly "the handsomest-bodied man in all of England",was brought before the king, in the hope that the king would take a fancy to him, diminishing the power at court of then favourite Robert Carr, 1st Earl of Somerset. Villiers gained support as the kings preferred lover from those who opposed Carr.

1615 King James knighted his male lover George Villiers as a Gentleman of the Bedchamber. Restoration of Apethorpe Hall, undertaken 2004–2008, revealed a previously unknown passage linking the bedchambers of King James I of England and Villiers.

1617 King James made his male lover George Villiers Earl of Buckingham

1618 King James made his male lover George Villiers Marquess of Buckingham.

1623 King James made his male lover George Villiers Earl of Coventry and Duke of Buckingham. Villiers was now the highest-ranking subject outside the royal family.

1680 A same-sex marriage was annulled. Arabella Hunt married "James Howard"; in 1682 the marriage was annulled on the ground that Howard was in fact Amy Poulter, a 'perfect woman in all her parts', and two women could not validly marry.

1690 King William III of England had several close, male associates, including two Dutch courtiers to whom he granted English titles: Hans Willem Bentinck became Earl of Portland, and Arnold Joost van Keppel was created Earl of Albemarle. These relationships with male friends, and his apparent lack of more than one female mistress, led William's enemies to suggest that he might prefer homosexual relationships. Keppel was 20 years William's junior, described as strikingly handsome, and rose from being a royal page to an earldom with some ease.

In 1697 The Earl of Portland wrote to King William III of England that "the kindness which your Majesty has for a young man, and the way in which you seem to authorise his liberties... make the world say things I am ashamed to hear". This, he said, was "tarnishing a reputation which has never before been subject to such accusations". William tersely dismissed these suggestions, however, saying, "It seems to me very extraordinary that it should be impossible to have esteem and regard for a young man without it being criminal."

1724 Margaret Clap better known as Mother Clap, ran a coffee house from 1724 to 1726 in Holborn, London. The coffee house served as a Molly House for the underground gay community. Her house was popular, being well known within the gay community. She cared for her customers, and catered especially to the gay men who frequented it. She was known to have provided "beds in every room of the house" and commonly had "thirty or forty of such Kind of Chaps every Night, but more especially on Sunday Nights."

1726 Three men (Gabriel Lawrence, William Griffin, and Thomas Wright) were hanged at Tyburn for sodomy following a raid of Margaret Clap's Molly House.

1727 Charles Hitchen, a London Under City Marshal, was convicted of attempted sodomy at a Molly House. Hitchen had abused his position of power to extort bribes from brothels and pickpockets to prevent arrest, and he particularly leaned on the thieves to make them fence their goods through him. Hitchen had frequently picked up soldiers for sex, but had eluded prosecution by the Society for the Reformation of Manners.

1736 Stephen Fox PC, a British peer and Member of Parliament, had been living in a homosexual relationship with lover Lord Hervey for a period of ten years, from 1726 to 1736. Love letters (The Gay Love Letters of John, Lord Hervey to Stephen Fox) between Stephen and John testify their love.

1772 The first public debate about homosexuality began during the trial of Captain Robert Jones who was convicted of the capital offence of sodomizing a thirteen-year-old boy. The debate during the case and with the background of the 1772 Macaroni prosecutions considered Christian intolerance to homosexuality and the human rights of men who were homosexual.Jones was acquitted and received a pardon on condition that he left the country. He ended up living in grandeur with his footman at Lyon, in the South of France.

1785 Jeremy Bentham becomes one of the first people to argue for the decriminalisation of sodomy in England, which was punishable by hanging.The essay written about 1785, Offences Against One's Self, argued for the liberalization of laws prohibiting homosexual sex. He argued that homosexual acts did not weaken men, nor threaten population or marriage.

1810 The nineteenth century began with a wave of prosecutions against homosexual men. On 8 July, the Bow Street Runners raided The White Swan, a tumbledown pub of Tudor origin near Drury Lane. Twenty-seven men were arrested on suspicion of sodomy and attempted sodomy.

1812 FTM transgender James Miranda Barry graduated from the Medical School of Edinburgh University as a doctor. Barry went on to serve as an army surgeon working overseas. Barry lived as a man but was found to be female-bodied upon his death in 1865.

1828 The Buggery Act 1533 was repealed and replaced by the Offences against the Person Act 1828. Buggery remained punishable by death.

1835 The last two men to be executed in Britain for buggery, James Pratt and John Smith, were arrested on 29 August in London after being spied upon while having sex in a private room; they were hanged on 27 November.

1861 The death penalty for buggery was abolished. A total of 8921 men had been prosecuted since 1806 for sodomy with 404 sentenced to death and 56 executed.

1866 Marriage was defined as being between a man and a woman (preventing future same-sex marriages). In the case of Hyde v. Hyde and Woodmansee (a case of polygamy), Lord Penzance's judgment began "Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others."

1871 Ernest 'Stella' Boulton and Frederick 'Fanny' Park, two Victorian transvestites and suspected homosexuals appeared as defendants in the celebrated Boulton and Park trial in London, charged "with conspiring and inciting persons to commit an unnatural offence". The indictment was against Lord Arthur Clinton, Ernest Boulton, Frederic Park, Louis Hurt, John Fiske, Martin Gumming, William Sommerville and C.H. Thompson. The prosecution was unable to prove that they had either committed any homosexual offence nor that men wearing women's clothing was an offence in English law. Lord Arthur Clinton killed himself before his trial.

1885 The British Parliament enacted section 11 of the Criminal Law Amendment Act 1885, known as the Labouchere Amendment which prohibited gross indecency between males. It thus became possible to prosecute homosexuals for engaging in sexual acts where buggery or attempted buggery could not be proven.

1889 The Cleveland Street scandal occurred, when a homosexual male brothel in Cleveland Street, Fitzrovia, London, was raided by police after they discovered telegraph boys had been working there as rent boys. A number of aristocratic clients were discovered including Lord Arthur Somerset, equerry to the Prince of Wales. The Prince of Wales’s son Prince Albert Victor and Lord Euston were also implicated in the scandal.

1895 Oscar Wilde tried for gross indecency over a relationship with Lord Alfred Douglas, was sentenced to two years in prison with hard labour.

1897 George Cecil Ives organizes the first homosexual rights group in England, the Order of Chaeronea. Dr Helen Boyle and her partner, Mabel Jones, set up the first women-run General Practice in Brighton, including offering free therapy for poor women. Helen Boyle also founded the National Council for Mental Hygiene (which subsequently becomes MIND) in 1922. British sexologist Havelock Ellis publishes Sexual Inversion, the first volume in an intended series called Studies in the Psychology of Sex. He argues that homosexuality is not a disease but a natural anomaly occurring throughout human and animal history, and should be accepted,not treated. The book is banned in England for being obscene; the subsequent volumes in the series are published in the US and not sold in England until 1936.

1910 London homosexuals began to gather openly in public places such as pubs, coffee houses and tea shops for the first time. Waitresses ensured that a section of Lyons Corner House in Piccadilly Circus was reserved for homosexuals.The section became known as the Lily Pond.

1912 London's first gay pub (as we now know the term), Madame Strindgberg's The Cave of the Golden Calf opened in Heddon Street, off Regent Street.

1913 The British Society for the Study of Sex Psychology is founded by a group of theorists and activists, with Edward Carpenter as president. Carpenter was a proponent of the theory of the homosexual as a third sex, and lived openly with his lover, George Merrill. The society was particularly concerned with homosexuality, aiming to combat legal discrimination against homosexuality with scientific understanding. Members included George Cecil Ives, Edward Carpenter, Montague Summers, Stella Browne, Laurence Housman, Havelock Ellis, George Bernard Shaw, and Ernest Jones.

1956 The Sexual Offences Act recognizes the crime of sexual assault between women.

1957 The Report of the Departmental Committee on Homosexual Offences and Prostitution (better known as the Wolfenden report, after Lord Wolfenden) was published. It advised the British Government that homosexuality should not be illegal.

1958 The Homosexual Law Reform Society is founded in the United Kingdom following the Wolfenden report the previous year, to begin a campaign to make homosexuality legal in the UK.

1963 The Minorities Research Group (MRG) became the UK's first lesbian social and political organisation. They went on to publish their own lesbian magazine called Arena Three.

1964 The North West Homosexual Law Reform Committee was founded, abandoning the medical model of homosexuality as a sickness and calling for its decriminalisation. The first meeting was held in Manchester. The North West branch of the national Homosexual Law Reform Committee became the national Campaign for Homosexual Equality in 1969.

1965 In the House of Lords, Lord Arran proposed the decriminalisation of male homosexual acts (lesbian acts had never been illegal). A UK opinion poll finds that 93% of respondents see homosexuality as a form of illness requiring medical treatment.

1966 In the House of Commons Conservative MP Humphry Berkeley introduce a bill to legalise male homosexual relations along the lines of the Wolfenden report. Berkeley was well known to his colleagues as a homosexual, according to a 2007 article published in The Observer and was unpopular. His Bill was given a second reading by 164 to 107 on 11 February, but fell when Parliament was dissolved soon after. Unexpectedly, Berkeley lost his seat in the 1966 general election, and ascribed his defeat to the unpopularity of his bill on homosexuality. The Beaumont Society, a London-based social/support group for people who cross-dress, are transvestite or who are transsexual, was founded.

1967 Ten years after the Wolfenden Report, MP Leo Abse introduced the Sexual Offences Bill 1967 supported by Labour MP Roy Jenkins, then the Labour Home Secretary. When passed, The Sexual Offences Act decriminalised homosexual acts between two men over 21 years of age in private in England and Wales. The 1967 Act did not extend to Scotland, Northern Ireland, the Channel Islands or the Isle of Man, where all homosexual behaviour remained illegal. The privacy restrictions of the act meant a third person could not be present and men could not have sex in a hotel. These restrictions were overturned in the European Court of Human Rights in 2000.
The book Homosexual Behavior Among Males by Wainwright Churchill breaks ground as a scientific study approaching homosexuality as a fact of life and introduces the term "homoerotophobia", a possible precursor to "homophobia". The courts decided that transsexuals could not get married; Justice Ormerod found that in the case of Talbot (otherwise Poyntz) v. Talbot where one spouse was a post-operative transsexual their marriage was not permitted. Justice Ormerod stated that Marriage is a relationship which depends on sex, not on gender.

1969 Campaign for Homosexual Equality (CHE) formed as the first British gay activist group.

1980 The Criminal Justice (Scotland) Act 1980 decriminalized homosexual acts between two men over 21 years of age "in private" in Scotland.British documentary 'A Change of Sex' was aired on the BBC, enabling viewers to follow the social and medical transition of Julia Grant and also provides a snapshot of the Gender Identity Clinic, Charing Cross Hospital, London. The Self Help Association for Transsexuals (SHAFT) was formed as an information collecting and disseminating body for trans-people. The association later became known as 'Gender Dysphoria Trust International' (GDTI). The first Black Gay and Lesbian Group was formed in the UK.

1981 The European Court of Human Rights in Dudgeon v. United Kingdom struck down Northern Ireland's criminalisation of homosexual acts between consenting adults. The first UK case of AIDS was recorded when a 49-year-old man was admitted to Brompton Hospital in London suffering from PCP (Pneumocystis carinii pneumonia). He died ten days later.

1982 The Sexual Offences Act decriminalized homosexual acts between two men over 21 years of age "in private" in Northern Ireland. Terry Higgins dies of AIDS in St Thomas' Hospital London, his friends and partner Martyn Butler set up the Terry Higgins Trust (which became the Terrence Higgins Trust), the first UK AIDS charity.

1992 UK Crown Dependency of Isle of Man repealed sodomy laws (homosexuality was still illegal until 1994). The first Pride Festival was held in Brighton. Europride was inaugurated in London and was attended by estimated crowds of over 100,000.

2000 The Labour government scraps the policy of barring homosexuals from the armed forces. The Labour government introduces legislation to repeal Section 28 in England and Wales - Conservative MPs oppose the move. The bill is defeated by bishops and Conservatives in the House of Lords. Scotland abolished Clause 2a (Section 28) of the Local Government Act in October though it remains in place in England and Wales. HIV charity London Lighthouse merged with Terrence Higgins Trust as the Aled Richards Trust and Body Positive London, closed. Shrinkage of the HIV charity sector occurred largely as a result of Management of HIV/AIDS HAART treatment allowing people living with HIV to be more self-sufficient.

Tony Blair's Labour government enacted the Civil Partnership Act 2004

2001 The last two pieces of unequal law regarding gay male sex are changed.In 1997 the European Commission of Human Rights found that the European Convention on Human Rights were violated by a discriminatory age of consent; the government submitted that it would propose a Bill to Parliament for a reduction of the age of consent for homosexual acts from 18 to 16. The Crime and Disorder Bill which proposed these amendments, was voted for in the House of Commons but rejected in the House of Lords. In 1998 it was reintroduced and again was voted for in the House of Commons but rejected in the House of Lords. It was reintroduced a third time in 1999 but the House of Lords amended it to maintain the age for buggery at 18 for both sexes. Provisions made in the Parliament Acts 1911 and 1949 made it possible to enact the bill without the Lords voting it through. The provisions of the Act came into force throughout the United Kingdom on 8 January 2001, lowering the age of consent to 16. Under the act consensual group sex for gay men is also decriminalized.

2002 Same-sex couples are granted equal rights to adopt. Alan Duncan becomes the first Conservative MP to admit being gay without being pushed. Brian Dowling becomes the first openly gay children's television presenter in the UK on SMTV Live.

2004 The Civil Partnership Act 2004 is passed by the Labour Government, giving same-sex couples the same rights and responsibilities as married heterosexual couples in England, Scotland, Northern Ireland and Wales. The Gender Recognition Act 2004 is passed by the Labour Government. The Act gives transsexual people legal recognition as members of the sex appropriate to their gender (male or female) allowing them to acquire a new birth certificate, affording them full recognition of their acquired sex in law for all purposes, including marriage.

2005 Francis and Peter Scott-Morgan, the first civil partners in Devon, at their televised ceremony at Oldway Mansion
The first civil partnership formed under the Civil Partnership Act 2004 took place at 11:00 GMT 5 December between Matthew Roche and Christopher Cramp at St Barnabas Hospice, Worthing, West Sussex. The statutory 15-day waiting period was waived as Roche was suffering from a terminal illness: he died the following day.[111] The first partnership registered after the normal waiting period was held in Belfast on 19 December.The Adoption and Children Act 2002 comes into force, allowing unmarried and same-sex couples to adopt children for the first time. Twenty-four-year-old Jody Dobrowski is murdered on Clapham Common in a homophobic attack. Chris Smith one of the first openly gay British MPs, (1984), becomes the first MP to acknowledge that he is HIV positive.

2006 The Equality Act 2006 which establishes the Equality and Human Rights Commission (CEHR) and makes discrimination against lesbians and gay men in the provision of goods and services illegal, gains Royal Assent on 16 February. The age of consent is equalized and Section 28 "successfully repealed" in the UK Crown Dependency of the Isle of Man. Labour MP, Ben Bradshaw holds a civil partnership ceremony with partner, Neal Dalgleish, a BBC Newsnight journalist. David Borrow, a Labour MP also holds a civil partnership with his boyfriend in May. In May, Margot James becoming the first 'out' lesbian to be elected as a local councillor for the Brompton ward of Kensington & Chelsea. She subsequently became the first Tory Lesbian MP. In total 3,648 couples formed civil partnerships in England and Wales between 21 December 2005 and 31 January 2006. Male partnerships are more popular (2,150 ceremonies) than women's (1,138).

2007 The Equality Act (Sexual Orientation) Regulations becomes law on 30 April making discrimination against lesbians and gay men in the provision of goods and services illegal. Archbishop Vincent Nichols of Birmingham declared his opposition to the act, saying that the legislation contradicted the Catholic Church's moral values. He supported efforts to have Catholic adoption agencies exempted from sexual orientation regulations (they were ultimately successful in a judgement given on 17 March 2010).Some 8,728 Civil Partnerships were conducted in 2007.Dr Lewis Turner and Professor Stephen Whittle publish Engendered Penalties Transsexual and Transgender People's Experience of Inequality and Discrimination (Equalities Review) which is instrumental in ensuring the inclusion of trans people in the remit of the new Commission for Equalities and Human Rights. Channel 4 released Clapham Junction, a TV drama partially based on the murder of Jody Dobrowski almost two years after his murder, to mark the 40th anniversary of decriminalization of homosexuality in England and Wales. Four openly gay, lesbian or bisexual MSPs are elected in the 2007-2011 Scottish Parliament, Ian Smith, Patrick Harvie, Margaret Smith and Joe FitzPatrick.

2008 Treatment of lesbian parents and their children is equalized in the Human Fertilisation and Embryology Act 2008. The legislation allows for lesbians and their partners (both civil and de facto) equal access to legal presumptions of parentage in cases of in vitro-fertilization ("IVF") or assisted/self insemination (other than at home) from the moment the child is born. Angela Eagle becomes the first female MP to enter into a civil partnership (with partner Maria Exall). Parliament passes provisions in the Criminal Justice and Immigration Act, creating a new offence of incitement to homophobic hatred. Some 7,169 Civil partnerships were conducted in 2008.

2009 The Labour Government Prime Minister Gordon Brown makes an official public apology on behalf of the British government for the way in which Alan Turing was chemically castrated for being gay, after the war. Opposition leader David Cameron apologizes on behalf of the Conservative Party, for introducing Section 28 during Margaret Thatcher's third government. Welsh rugby star Gareth Thomas becomes the first known top-level professional male athlete in a team sport to come out while still active. Nikki Sinclaire becomes first openly-lesbian member of the European Parliament for the UK delegation. Some 6,281 Civil Partnerships were conducted in 2009.

2013 The coalition government unveils its Marriage (Same Sex Couples) Bill on 25 January. On 21 May it passes its third reading in the House of Commons by a vote of 366 to 161. Altogether 133 Tories opposed the bill, along with 15 Labour MPs, four Lib Dems, eight Democratic Unionists and an independent. On 17 July 2013, Royal Assent is given to the Marriage (Same Sex Couples) Act 2013. Queen Elizabeth II grants Alan Turing a posthumous pardon. Nikki Sinclaire comes out as transgender, thus becoming the United Kingdom’s first openly transgender Parliamentarian.

2014 Same-sex marriage becomes legal in England and Wales on the 29th of March under the Marriage (Same Sex Couples) Act 2013. Legislation to allow same-sex marriage in Scotland was passed by the Scottish Parliament in February 2014, received Royal Assent on 12 March 2014 and took effect on 16 December 2014.  Queen Elizabeth II praises the London Lesbian and Gay Switchboard for their 40-year history, the first time the Crown has ever publicly supported the LGBT community. The Switchboard receives a comment from the Queen saying: "Best wishes and congratulations to all concerned on this most special anniversary." 

2015 Mikhail Ivan Gallatinov and Mark Goodwin became the first couple to have a same-sex wedding in a U.K. prison after marrying at Full Sutton Prison in East Yorkshire.

2015 The Royal Vauxhall Tavern became the first ever building in the U.K. to be given a special “listing” status based on its LGBT history; it was accorded Grade II listed status by the U.K.’s Department of Culture, Media and Sport.

Finally this old buggery law we still cling so dearly to needs to go and replaced with sensible laws though while offering privacy coverage, allowing consent between adults and possible marriage rights eventually it must also clearly show punishment of paedophiles as a separate matter so as to avoid regular conflation by some of the two. Just the brief history above shows us a guide to how to get there.

Also we must I cannot leave out the preservative where we are still stuck with this stupid law via the Savings Law Clause In a statute, an exception of a special item out of the general things mentioned in the statute. A restriction in a repealing act, which is intended to save rights, while proceedings are pending, from the obliteration that would result from an unrestricted repeal. 

The provision in a statute, sometimes referred to as the severability clause, that rescues the balance of the statute from a declaration of unconstitutionality if one or more parts are invalidated. With respect to existing rights, a saving clause enables the repealed law to continue in force that essentially came into effect on the night of our so called independence:

Savings Law Clause

S. 26 (8)
 Nothing contained in any law in force immediately before the appointed day (Independence 1962) shall be held to be inconsistent with any of the provisions of this Chapter; and nothing done under the authority of any such law shall be held to be done in contravention of any of these provisions.
Offences Against the Person Act (1864)

Unnatural Offences
76. Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be  imprisoned and kept to hard labour for a term not exceeding ten years.

77. Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years, with or without hard labour.

Outrages on Decency

79. Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for a term not exceeding two years, with or without hard labour.


also see: Buggery Law challenges & overlooked judicial solutions 2013

But really the LCF are hypocrites wanting to hold on to an old law and not even bothering to do the research as to its origin but quickly describing it as a 'Christian law', oh please!

Anyway peace & tolerance

H

LinkWithin

Related Posts with Thumbnails

Bad Man Nuh F*** Batty (Masculine Men Don't F*** Ass) (The Fear of The Feminine in JA ) 16.04.15


A look at the fear of the feminine (Effemophobia) by Jamaican standards & how it drives the homo-negative perceptions/homophobia in Jamaican culture/national psyche.



After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

Listen without prejudice to this and other podcasts on one of my Soundcloud channels

hear recent pods as well:

Information & Disclaimer


Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature (if available for your device(s) to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.

contact:

APJ Website Launch & Link


Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1




audience members interacting during a break in the event


film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills


The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard



When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?

More HERE

Dr Shelly Ann Weeks on Homophobia - What are we afraid of?


Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?


It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation


Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria



Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness



Reminder

In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE

Steps to take when confronted by the police & your rights compromised:


a) Ask to see a lawyer or Duty Council

b) Only give name and address and no other information until a lawyer is present to assist

c) Try to be polite even if the scenario is tense

d) Don’t do anything to aggravate the situation

e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports

f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014





CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

GLBTQJA (Blogger): HERE

see previous entries on LGBT Homelessness from the Wordpress Blog HERE


May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston


New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population




Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014





Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show

BUSINESS DOWNTURN FOR THE WEED-WHACKING PROJECT FOR FORMER DISPLACED ST CATHERINE MSM



As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.



Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14



debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.


What to Do .....




a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Notes on Bail & Court Appearance issues


If in doubt speak to your attorney

Bail and its importance -

If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime.

There are two standards that must be met:

1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight

Locked up and appearing in court

 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest

 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?

b) Are there any other charges that the police may place against the accused?

c) Is the accused likely to interfere with any witnesses?

d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


John Maxwell's House