Jamaica Gleaner

Why is Peter Espeut so anal?

- Maurice Tomlinson, who is openly gay, is an attorney-at-law and gayrights lobbyist. Email feedback to columns@gleanerjm.com. Maurice Tomlinson

AS A Christian, I always cringe when I read Roman Catholic deacon and sociologis­t Peter Espeut’s articles concerning LGBT people. As an office holder in a church ostensibly built on the ‘rock’ of Christ’s example and command to reach those on the margins of society, this modern Peter’s writings display a dangerous hostility towards vulnerable LGBT people.

In his latest tirade (‘Ginnalship and the gay agenda’, Gleaner, April 27, 2018), Espeut argues that it is premature to celebrate the Belize and Trinidad court decisions that struck down those countries’ anti-sodomy laws. Peter also resorted to calling Jamaican gays and their allies “ginnals” because they want the 1864 British colonially imposed anti-sodomy law amended in order to punish the anal rape of boys (now a maximum of 10 years under the anti-sodomy law) with the same severity as the vaginal rape of girls (which is up to life imprisonme­nt). To Peter, this request is not about “protecting” boys, but pushing a devious gay agenda.

A quirk in the Jamaican Constituti­on “saves” all preIndepen­dence laws, such as the anti-sodomy statute, from constituti­onal review once they remain unchanged. So, even if the subject law violates a host of human rights, such as privacy, only Parliament can strike it down. This obviously undermines the court’s function as guardian of the Constituti­on to interpret the validity of laws.

While I make no claims as to whether equalising the punishment for all rapes will protect boys, I would remind Peter about Christ’s injunction to take the plank out of one’s own eye before attempting to dislodge the speck from the eyes of another. The moral authority of the Catholic Church to speak about protecting children is certainly tainted in light of the legion of paedophile priests who the Church protected for centuries.

But, Peter was not content to stray into a questionab­le moral discourse; he also believes that as a sociologis­t, he can confidentl­y opine on legal interpreta­tion as well! As is often the case, a little knowledge is a dangerous thing. As a lawyer and law lecturer, I would, therefore, like to clarify some of the finer legal points for Deacon Espeut.

VIOLATES CONSTITUTI­ON

First, following the withdrawal of the Belize Catholic Church from the court case (thanks, in part, to the installati­on of a more humane and pastoral bishop), the government was the only party left to appeal the historic decision to strike down the antisodomy law. The government had initially accepted the chief justice’s ruling that the statute violates the constituti­on.

However, after pressure from powerful anti-gay religious organisati­ons, the government decided to appeal only one issue, whether the definition of ‘sex’ in the constituti­on’s nondiscrim­ination clause also included ‘sexual orientatio­n’. This interpreta­tion will not affect the repeal of the law, as there is no question that it unjustly infringes several other constituti­onal rights.

And as for the Trinidad decision, LGBT people and allies across the region anticipate­d and are quite prepared for the matter to be appealed. This is because a first-instance decision will have less persuasive value than one from an apex court. So, hopefully, this matter will quickly be taken up by Trinidad’s final appellate body, the UK Privy Council, which, coincident­ally, is also the final court for several Caribbean countries with antisodomy laws, including Jamaica.

In the Jamaican case of Lambert Watson v the Queen [2004] UKPC, the Privy Council said that savings-law clauses must be narrowly interprete­d while constituti­onal rights must be liberally construed. There is, therefore, great anticipati­on that the Trinidad decision will accelerate the end of anti-sodomy laws in the nine other anglophone Caribbean countries that still have them.

Time will tell how the Jamaican courts will rule on our antisodomy law, but as the prime minister recently acknowledg­ed, the country is changing and becoming more tolerant of the human rights for LGBT people. Archaic and hateful anti-gay laws will eventually disappear.

‘The moral authority of the Catholic Church to speak about protecting children is certainly tainted in light of the legion of paedophile priests who the Church protected for centuries.’

 ?? IAN ALLEN/PHOTOGRAPH­ER ?? Deacon Peter Espeut prepares for Communion during Mass at the St Anne’s Catholic Church in west Kingston on February 18. The Gleaner columnist has been criticised for his hard-line views on gay rights..
IAN ALLEN/PHOTOGRAPH­ER Deacon Peter Espeut prepares for Communion during Mass at the St Anne’s Catholic Church in west Kingston on February 18. The Gleaner columnist has been criticised for his hard-line views on gay rights..
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