SPLC Report: U.S. groups working to keep criminal statutes barring LGBT sex in Belize and other Caribbean countries

Map of Central America and the Caribbean highlighting Belize (Photo credit: Wikipedia)

Southern Poverty Law Center | July 25, 2013

As LGBT people continue making strides toward equality in the United States, hard-line U.S. religious-right groups that have spent decades demonizing them are focusing their attention – and propaganda – on a legal battle over the criminalization of LGBT sex in Belize, the outcome of which could affect criminal statutes in as many as a dozen other Caribbean countries, according to a SPLC report released today.

Dangerous Liaisons: The American Religious Right & the Criminalization of Homosexuality in Belize examines how these groups are working in countries where anti-gay attitudes are strong and violence against the LGBT community is common. Several prominent groups have descended on the tiny Central American country of Belize to prevent Section 53, a statute criminalizing gay sex, from being struck down in court. Their efforts already have intensified anti-LGBT attitudes in the country, where the plaintiff in the case has been threatened and physically assaulted.

“Many of these American religious-right groups know they have lost the battle against LGBT rights in the United States, and they’re now aiding and abetting anti-LGBT forces in countries where anti-gay violence is prevalent,” said Heidi Beirich, report author and director of the SPLC’s Intelligence Project. “These groups are pouring fuel on an exceedingly volatile fire.”

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Challenging gay immigration entry bans in Belize and Trinidad and Tobago

Cathy Kristofferson | Oblogdeeoblogda | July 15, 2013

Maurice Tomlinson, the Jamaican attorney and HIV activist who recently sued three Jamaican TV channels for refusing to broadcast gay positive public service announcements, will be in court again Wednesday. This time for the first hearing of his challenge to the immigration entry bans of both Belize and the Republic of Trinidad & Tobago. The case has been brought in the Caribbean Court of Justice (CCJ) which is the highest court in the region.

The two countries are the only ones in the Caribbean, in fact the sole countries in the Western Hemisphere, with laws banning entry of homosexuals.

Section 5(1) of the Immigration Act of Belize reads:

“… [T]he following persons are prohibited immigrants – … (e) any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behaviour….”

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Belize gay hate emerges in the form of hanging effigy

Cathy Kristofferson | Oblogdeeolbogda | July 11, 2013

LGBT rights issues have been boiling over for a while in Belize.  Caleb Orozco of the The United Belize Advocacy Movement (UNIBAM) pursued a constitutional challenge of the country’s Section 53 anti-sodomy law, which  we covered here on OBLOGDEE in May (see links below).  Shortly after that court case, the National Women’s Commission released their revised Gender Policy that had been approved by the country’s cabinet in March. Anti-gay fundamentalist Christian forces, rebelling against both, have now whipped their followers into such a frenzy that they are hanging cardboard cutouts of UNIBAM in effigy and proudly posting the calls to lynching online.

The revised gender policy covers equality with men and progress in the areas of health, education, income and wealth generation, violence-prevention controls and political development for women.  But because a section called ‘Respect for Diversity’ makes reference to respect for sexual orientation the churches are claiming it promotes homosexuality and advocating for repeal.

Pro-constitution rallies and anti-gender policy protests called by evangelical associations and other affiliated organizations are being held across the country.  Belize Action, made up of the Council of Churches and the Belize Evangelical Association of Churches, is once again leading the charge.

Belize Action had registered as an interested party for the defense in the UNIBAM Constitutional challenge to the anti-sodomy law.  The head of Belize Action, Pastor Scott Stirm,  a Texas evangelical missionary, is the country’s most outspoken opponent of LGBT rights. Speaking at a rally Tuesday, he had this to say about the supposed message of their actions:

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Killing, burning and shooting threats directed at campaigner fighting Belize sodomy laws

Jean Paul Zapata | Gay Star News | May 11, 2013

Caleb Orozco has reported an increase in violent threats during a four-day court case that debated Belize’s sodomy laws.

Orozco, chair of United Belize Advocacy Movement (UNIBAM), is campaigning to amend Section 53 of the Laws of Belize, which states ‘every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for ten years.’

His lawyer Lisa Shoman told local news channel News 5 TV that the gay rights campaigner has received more and more threats since the case went before the Supreme Court on 7 May.

‘There has been a visible increase of threats and violence against Mr Orozco and against all homosexuals in Belize.

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Belize anti-sodomy penal code trial wraps-up its final day

Cathy Kristofferson | Oblogdeeoblogda | May 10, 2013

Court opened for the fourth day in the Caleb Orozco v. The Attorney General of Belize trial challenging the constitutionality of the Section 53 anti-sodomy penal code trial.  The Churches continued their claim that social issues such as public morality and health do not belong before the court.  Once again they suggested that the Claimant needs to take his concerns to the legislature and also argued for a strict interpretation of the Belize Constitution, which has no explicit mention of sexual orientation.

The Churches went on to say that they do not believe ”one bit” that Section 53 has a “chilling effect” on the gay community as claimed Orozco.  The Churches also noted that the stigma and social disapproval associated with homosexuality cannot be affected by the change requested in Section 53 (which change was noted as:  ’has carnal intercourse against the order of nature with any person or animal’).

The Churches claim that in the current Universal Periodic Review report of the UN Human Rights Council (UNHRC) there is a recommendation to repeal Belize’s Section 53 via legislative action.

Following the Churches, the Claimant’s counsel Hamel-Smith took the floor exclaiming his amazement that a case so carefully prepared and presented by the Churches basically relies on procedural technicalities and not the facts of the case itself.   Hamel-Smith stated that it is the duty of of the court to determine the constitutionality of Section 53 and not the legislature as the Attorney General and the Churches suggest.

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Belize Attorney General argues to maintain anti-sodomy penal code

Cathy Kristofferson | Oblogdeeoblogda | May 9, 2013

Day Three of the Caleb Orozco v. The Attorney General of Belize trial challenging the constitutionality of the Section 53 anti-sodomy penal code started with chatter in the courtroom about the Claimant Caleb Orosco’s home being vandalized:

This came on top of new reports last night on Belize Channel 5 News that threats of violence against Caleb and the gay community members close to him had escalated. Lisa Shoman, Attorney for Caleb Orozco, appealed to all, especially the media:

“There has been a visible increase of threats and violence against Mister Orozco and against all homosexuals in Belize. There are threats for killing, burning, shooting; you name it. It has to stop. We are all Belizeans. We can agree to disagree without getting violent about it.”

Arguments on behalf of the Attorney General of Belize were made today by Nigel Hawke, Senior Crown Counsel.   Objections were entered to the Claimant’s reliance on Sections 11, 12 and 16 of the Constitution, which govern freedom of conscience, freedom of expression, and the right to non-discrimination.  (In the afternoon session the Judge would rule that these sections are admissible. )  Next up was the argument that that there were no fundamental rights upon which Claimant could rely in the Belize Constitution.  Counsel for the Defense argued that sexual orientation was not a basis for claiming the rights afforded to citizens under the Constitution, and therefor the rights the Claimant sought to enforce rights were “somehow mythical.” And that:

“It is within our right as a sovereign nation to keep Section 53 on the books as long as we want. It is the people’s right through their elected officials to change the law,” said Hawke.

In live tweeting from the courtroom I saw that the Attorney General was pleading “for the the moral nature of Belize”.   I couldn’t help but sound the ”activist judges” alert in my head when I saw the tweet that counsel for the Attorney General had said:

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Opening Arguments in Belize Urge Supreme Court to Uphold the Constitution

Cathy Kristofferson | Oblogdeeoblogda | May 07, 2013

Today began the four day constitutionality challenge trial of Belize’s Section 53 anti-sodomy law in their Supreme Court. I have been watching the #UNIBAM twitter feed all afternoon (Belize = CST) for wonderful live-tweeting from Asa DeMatteo and now have been emailed (thank you!) the Press Release for Day One.

The Press Release relays that the proceedings “began today with a reminder of the supremacy of the Constitution and the fundamental rights it guarantees to every individual.”  The rights the Belizean Constitution guarantee include “the rights including privacy, freedom of conscience and expression, personal privacy and home and family life, and the recognition of human dignity of every individual.”

Lead counsel for the Claimant, Trinidad and Tobago attorney Chris Hamel-Smith, CS, “argued that Section 53 discriminates against sexual minorities in Belize, on its face and in its impact on the LGBT community, and counseled the court that finding Section 53 inconsistent with the Constitution would not amount to legislative action.”

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