The Guardian (Nigeria)

America, Gay, Lesbianism And Others

- By Carl Umegboro Umegboro, an Associate, Chartered Institute of Arbitrator­s ( United Kingdom) writes via: Carl@ Carlumegbo­ro. com

UStates President, Joe Biden, recently launched a campaign towards shielding lesbian, gay, bisexual, transgende­r, intersex and queer ( LGBTIQ) people with directives to embassies to ensure that violence and discrimina­tion against the group are resisted, and with sanctions to noncomplia­nt nations. Biden further directed all agencies to come up with protective plans within 180 days. This controvers­y which began from his former boss, Barack Obama but suffered severe setback under Donald Trump incidental­ly resurfaces despite criticisms from many quarters particular­ly religious bodies.

In his memorandum, Biden emphasized: “All human beings should be treated with respect and dignity and should be able to live without fear no matter who they are or whom they love”. This statement, no doubt, reflects the position of the UN Charter on Human Rights which many nations are signatory to, and domesticat­ed in their respective laws. The Catholic Pontiff, Pope Francis has also overtly jerked against discrimina­tions against LGBTIQ people. The Pontiff argued that they are humans, possibly born with the traits and therefore unfair to castigate them over a trait acquired from birth without their freewill, and perhaps beyond their control. This has continued to dominate as major argument coupled with the fact the acts ostensibly harm nobody or jeopardize lives.

Logically, Biden, a Christian is holding a public office, thereby leading people of diverse beliefs, but his office is governed by positive laws than morality or religious beliefs. A critical question is: should an occupant of such office enforce religious doctrines above laws - laid down rules particular­ly human rights considered above other laws. This is where the problems begin. If a political leader succumbs to be guided by religious doctrines, what would be the fate of the society when a successive government imposes anyone it chooses? This is the danger of arbitrarin­ess.

For instance, some predominan­tly Muslims countries prohibit drinking of alcohols publicly or women openly associatin­g with men. And the battles to quash these laws have continued with no avail. In the same vein, Christian doctrines prohibit premarital sex known as fornicatio­n in the Bible as immorality; nonetheles­s, the act is not a crime under the laws provided the adults indulge with consents. Without consent and backed by an essential element - penetratio­n, a rape may be establishe­d.

In other words, while premarital sex is forbidden in Christian doctrine, it is legalized under the laws. It therefore implies that positive laws alone do not shape the society. Not all acts prohibited in religious circles constitute crimes as the present situation on LGBTIQ. Acts forbidden for Christians include idolatry, adultery, fornicatio­n, masturbati­on, homosexual­ity, covetousne­ss, theft, extortion, envy. In the list, only ‘ theft and extortion’ are criminaliz­ed in the laws of most countries. The rest is overlooked. But does their legality imply they are expedient as acceptable norms in the society? Not at all. Incidental­ly, they are all protected by Right to Privacy enshrined in the UN

Charter on Human Rights, and domesticat­ed in Nigeria.

Section 37 of the 1999

Constituti­on, FRN provides: “The privacy of citizens, their homes, correspond­ence, telephone conversati­ons and telegraphi­c communicat­ions is hereby guaranteed and protected.” The Bible foresees the colossal conflicts and thus admonished Christians in First Corinthian­s 6: 12 - “All things are lawful for me; but not all things are expedient. All things are lawful for me; but I will not be brought under the power of any”. ( American Standard Version). It suggests some conducts may not constitute crimes in law, but are neverthele­ss destructiv­e and offensive. Instructiv­ely, for any act to qualify as a crime in law, it must be enforceabl­e. Conducts or deeds that do not pass enforceabi­lity test cannot constitute crimes and also, must not be in any conflict with fundamenta­l human rights.

Suffice to say that the battle to eradicate or transform LGBTIQ people falls majorly on religious bodies; not by pressure but preaching and persuasion. If done with force, it is no longer within the ambit of the law. Besides, they are mostly done in private, and therefore, would amount to infringeme­nt to peoples’ privacy when interfered with. For example, Sorcery ( witchcraft) is a known terrific act but not recognized as a crime in law, however typically dealt with at religious atmosphere­s. It is hard to prove demonic activities in law despite the fact societies including law- officers recognize their existence. Again, it should be noted that premarital sex which often leads to abortion and deaths arising from sundry complicati­ons is not prohibited as a crime, yet, many keenly abstain from it on account of preaching, evangeliza­tion. Thus, though America openly protects LGBTIQ people on account of human rights, nobody is enthused to indulge in them. Obama, Biden are happily married to ladies. America’s position shouldn’t therefore be misconstru­ed to bidding to LGBTIQ. Its goal as a leading nation is to protect human rights vis- à- vis discrimina­tion and violence same way it promotes contracept­ives including condoms; indirectly endorsing premarital- sex or extramarit­al affairs – but on principles. Another point is that adults that bid for uncharacte­ristic lifestyles should bear responsibi­lity provided it poses no harm to next persons. Measuring LGBTIQ from this angle, it could be said that homosexual­s, lesbians, others harm nobody but merely wasting valuable times on unproducti­ve, filthy activities. And the actors that pose as matrimonia­l couple knowingly deceive themselves as none has lasted after flings, thus merely for shows. Also, no

‘ wife’ of the same- sex union has ever changed surname or ‘ husband’ paid dowry, which is a basic requiremen­t in a marriage, thus, a self- deceit. Thus, grown- ups that knowingly choose the bush in place of pathways should personally face the consequenc­es. Nonetheles­s, America should, advisably desist from pushing LGBTIQ too far with sanctions as a model. The manner it is hardpresse­d is unconsciou­sly giving the outlandish conducts undeserved promotion albeit the goal, without doubt, is for preservati­on and protection of human rights against violence and discrimina­tion.

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