Even though the “liberty and security” of everyone are rights guaranteed by Constitution, the updated Criminal Code which was approved by Parliament clearly discriminates against a large section of the population because of their homosexuality. No one would support the Criminal Code if it blatantly created a law that contradicted freedom of worship, which is guaranteed by the Constitution.
Yet the Criminal Code enters its citizens’ private space, their bedrooms, to criminalize a behaviour that is normal: sexual intercourse among consenting adults. By criminalizing homosexual intercourse, the Criminal Code has itself become criminal because it is doing what is it not allowed to do according to the Constitution: discriminate against citizens. The Criminal Code, therefore, should synchronize with the Constitution to guarantee “the liberty and security” of all citizens, instead of criminalizing normal human behaviour.
The Criminal Code says, “a person who commits buggery commits an offence and is liable on conviction on indictment to imprisonment for (a) life, if committed with force and without the consent of the person; (b) ten years in any other case.” It continues, “in this section buggery means sexual intercourse per anus by a male person with another male person.” This means: if you are a homosexual, you are not allowed to have consensual sex, not even in the privacy of your own home. If the law finds out, you can get ten years of jail. Look at how homosexuals are targeted: a man could have anal intercourse with a woman and it is fine, but for homosexuals the law proposes prison.
When the churches in Saint Lucia rallied against a casino, the State authorized gambling, and gambling is more problematic than grown people having sex in the privacy of their own homes. Parents who are addicted to gambling deprive their children of food and school supplies, and gamblers could engage in theft. The State changed carnival from February to July, despite pressure from the Catholic Church. The argument was that changing carnival would bring more visitors to Saint Lucia and thereby more money. The LGBT tourist market is $65 billion per year in the US alone (according to World Tourism Association). A fraction of this money would do wonders for Saint Lucia’s economy.
There is no need for Saint Lucians who are gay to be afraid of being who they are in our society in 2019. Homosexuals are citizens, like everyone else. They are not disassociated beings; they are brothers, sisters, cousins, nieces, nephews, children and, in some cases, parents. They deserve the “liberty and security” we enjoy, and that the Constitution of Saint Lucia guarantees.
–By Johannes Mann
