The UNIBAM Case goes to court on Monday, and let’s put it this way: we’ve never had a Supreme Court case promoted in a television advertisement. But, that’s how high the stakes are for Monday’s big showdown.
As many as eight local and foreign Senior and Queen’s Counsels will crowd into the Chief Justice’s courtroom for the hearing. And while the arguments will deal with human rights, church and state, section 53 of the criminal code and other weighty issues….at the core, it’s about the individual – and his right, or his wrong to have relations with men, and whether that somehow up-ends the social order, or if it just leaves people to do as they please in the privacy of their bedrooms.
In July of 2011, Janelle Chanona explored the complex stew of issues that arise from this case – to keep things in context for Monday’s hearing, we re-visit her report.
Dean Barrow, Prime Minister of Belize, May 13th 2011
"I would limit myself to saying that the government as a government has taken the position that it needs to argue for the constitutionality of the law that is in place that's being challenged and so I would not go beyond that official position. I am not prepared to comment on my own physiological conviction or lack thereof. That is the official position of the government. This is one time when it might be wise for me to say nothing more."
Pastor Scott Stirm, Jubilee Ministries, Belmopan
"By natural law they cannot reproduce. Therefore they must recruit and I want to say this in the strongest terms possible. That's what this is all about. This is their evangelistic campaign."
Martha Carillo, Regional Discrimination Unit, PANCAP, CARICOM
"It is not about changing people's values, even to seek acceptance. I think the bottom line is that people need to be respected and we cannot have laws that disrespect the human rights of individuals."
Johnny Briceno, Leader of the Opposition
"The party does not have a position as yet and we'll certainly have to discuss as a party before we have a position."
Pastor Louis Wade Junior, Talk Show Host, Christian Youth Motivational Speaker
"We love people. We love these people. We love all people. It is the behavior that we have a problem with."
Caleb Orozco, Executive President, United Belize Advocacy Movement
"I am willing to sacrifice whatever it takes to enforce my right and my freedom and to meet the needs of my wellbeing as a human being."
Janelle Chanona (stand-up)
"The subject of sex is typically an uncomfortable topic for Belizeans. But the debate over whether the laws should be changed to decriminalize sodomy in this country has ignited fiery reactions from both supporters and opponents."
As it currently stands, the Criminal Code of Belize states that “Every person who has carnal knowledge against the order of nature with any person or animal shall be liable for imprisonment for ten years.” But in early 2011, Caleb Orozco, the Executive President of
the United Belize Advocacy Movement (UNIBAM) filed for judicial review of the law, contending that the words “any person or” should be removed because they are a violation of his Constitutional right to sexual freedom.
Caleb Orozco, Executive Director, UNIBAM
"The case is personal and it’s about reminding the system that my human rights isn’t about picking and choosing which you’ll support and which you will ignore. My human rights is total. It’s not to be mandated by the church because the church does not govern this country. Period."
If the law is changed, Belize would be only the second Caribbean country to decriminalize sodomy...Bahamas being the first. In May, that possible outcome prompted the Belize Council of Churches, which represents the major Christian denominations of Belize, as well as the Belize Association of Evangelical Churches to join the case as interested parties. The religious leaders insist Belize’s very soul is at stake.
Bishop Dorrick Wright, Bishop, Roman Catholic Diocese of Belize
"We have the story from the old testament of Sodom and Gomorrah, God destroyed a whole country, a whole place because of this same
reason. I am not certain if he will do this to the United States where it seems to be popular and getting very common, but I don't think we have to follow what the United States does and I think we should think for ourselves and see what would be the evil outcome of this whole thing if we get into changing the laws of our country to permit same sex marriage and children must be taught that this is an acceptable way of life and you know its just down right wrong."
Good morning Belize and welcome to another edition of Rise and Shine, my name is Louis Wade.
One of the most vocal opponents to the gay rights case has been talk show host and Christian Youth motivational speaker, Pastor Louis Wade Junior.
Pastor Louis Wade Junior, Talk Show Host/Motivational Speaker
"Mark my words, it starts with one lawsuit, when this lawsuit is over, if they get their way, the next set of lawsuits will be against the social security board and other large organizations, insurance companies that must give compensation not only a person but also to their spouse. The third set of litigation is going to be church and religious denominations across the nation when they refuse to marry homosexual couples. And then the final set of mass litigation will be against people who stand up and say that this kind of
practice is wrong."
Pastor Scott Stirm, Jubilee Ministries, Belmopan
"Presently in the United Kingdom, there are lawsuits trying to lower the age of consent. That proves to me, the agenda. They are after the children, they are recruiting campaigns and it’s for people that have, I would say, demented sexual practices and they want
to go after the kids. That is happening globally, all over the world. It’s called the child sex trade and this is another expression of that same exact agenda. They want to go to younger and younger ages. And again, these are the things that cause us to stand up and rise with a lion’s roar and say “no way”, we will not allow this to happen, not only our watch."
Both Wade and his Christian colleague Pastor Scott Stirm insist that no one is born gay and maintain Belize’s laws should uphold rights, not choices.
Pastor Scott Stirm, Jubilee Ministries
"It’s a learnt behavior...it’s something people pick up along the way. But I have ministered to I would say countless people, particularly in sexual abuse situations and the majority of them have been sexually abused. When you understand clinical homosexual behavior and clinical homosexual foundations, the absence of the fatherly role plays a huge factor. So you have people that have classic foundations for homosexuality. But then you have other people that just pick up from basic influence of perversion or exposing to pornography and the power of suggestion and things like that."
Louis Wade, Jr., Christian Youth Motivation Speaker, Talk Show Host
"If they are born that way, it will be found in their genes. Where is the gene? I have met ex-gays and ex-lesbians but I have never met ex-blacks person, this is not a civil rights issue."
Similarly strong sentiments were also voiced in February 1998 when the cruise ship the MS Leeward docked in Belize carrying eight hundred and sixty gay men onboard. For Orozco, that incident and his own experiences highlights that he is living in a homophobic society, which is why the majority of Belizean men who have sex with men live secret lives.
Caleb Orozco, Executive President, UNIBAM
"Some of the things they say were like faggot, bonefire, they basically use a lot of the Jamaican dancehall slangs to let me know where my place is and that’s rather frustrating because all I was doing was going to buy condense milk. I don’t believe that I deserve to be treated like that especially if I’m not looking at you or harassing you in any way."
"I need my freedom to be honest with people. I perpetuate my own discrimination or my own experience of homophobia by remaining silent."
Martha Carillo, Technical Associate, Regional Stigma and Discrimination Unit, PANCAP, CARICOM
"Very few people will come to a workshop, very few people will access services at a health centre if they know the minute they step in they are going to be ridiculed or they are going to be treated any less than anybody else."
Martha Carillo is Technical Associate of the PANCAP Regional Stigma and Discrimination Unit. Carillo recently concluded a baseline study on stigma and discrimination with various focus groups, the media, the police, the Belize Defence Force and the religious community about populations such as men who have sex with men.
Martha Carillo, Technical Associate, Stigma and Discrimination Unit, PANCAP
"The preliminary findings are indicating that stigma and discrimination are very much alive in Belize and it is coming from sectors that make it even more scarier for all of us. Because you would think that some of these would be sectors that would be embracing, loving, protecting, providing security and the experiences that have been shared with us indicate to us that we really are living in a critical situation and something needs to be done. And if we have laws, practices and policies that are contributing to this then it needs to be addressed in a very frank and genuine manner."
Ivan Cruikshank, Policy and Advocacy Coordinator, Caribbean Vulnerable Communities Coalition
"The most effect response to address HIV and AIDS has to be addressing the social and legal environment, within the country."
According to Ivan Cruickshank, Policy and Advocacy Coordinator of the Caribbean Vulnerable Communities Coalition, countries with high HIV prevalence rates, like Belize, should be supporting every effort to eradicate stigma and discrimination to curb the spread of the disease.
"At all levels we are saying to policy makers, review your existing legal and policy environment so that people feel that this is a space that they can come forward and engage with the health care system...that’s a big issue for us."
Maurice Tomlinson, AIDS Free World
"This is about bringing everybody to the table, not leaving anybody out. Because when you exclude people, that is when you provide an opportunity for harm and hate and disease to spread. And these diseases don’t generally stay within the vulnerable groups."
Pastor Louis Wade Junior
"It is a lie. The evidence shows for example in Belize that HIV and AIDs is driven not by the homosexual community but by the heterosexual community. That is well defined in Belize. It is also well defined throughout the Caribbean."
The pastors refute the argument that laws criminalizing sodomy have a direct relation to HIV prevalence rates.
"I am talking about statistics in European, in England, in Canada, in the United States, in Sweden. These are places where homosexuals have the most freedom in the world, MSM - they have the most freedom, this is where they are not in the closet. Yet the statistics are showing that the HIV rate continues to rise in their circles."
Pastor Scott Stirm, Jubilee Ministries
"At a United Nations level, they have an agenda, they are people in there that that have an agenda and they are pushing that agenda and one of the things that is fueling some of this in Belize is the financial aid that comes from the European Union is coming with stipulations that you must change these laws or we are going to cut you off financially, 'you won’t get any more assistance from us’ and so that’s one of the factors when we talk about why are people hemming and hawing over this issue, it’s because there’s big bucks behind it."
"They are free to form an opinion; an opinion does not provide the basis for reality. It simply offers an expression or description of an issue. Period."
"Cultural attitude isn’t going to change because of one judgment...because of the misrepresentation of the facts and the fear mongering being sold by the religious politicians. There will be years and years around what really is sexual orientation and to an extent, gender identity and what does that actually mean for the individual."
Janelle Chanona (stand-up)
"In the months leading up to this trial, proponents and opponents of this issue will no doubt campaign heavily in their efforts to help you answer the fundamental question of this case: “Should the state legislate morality?” Because make no mistake, whatever decision is handed down in the courtroom, keeping the status quo or changing attitudes towards sexual minorities will be decided on in the court of public opinion. Reporting for 7News I am Janelle Chanona."
Tune in on Monday night when we’ll have gavel to gavel coverage of Monday’s big case.