The Court of Appeal has handed down a judgment re-affirming that consensual same-sex acts between adults is now legal. This is the second court that has vindicated the position of the local gay rights activist, Caleb Orozco. You'll remember that he successfully convinced Chief Justice Kenneth to rule in August 2016 that Section 53 of the Belize Criminal Code was unconstitutional and that it violated his rights to human dignity and privacy.
Before Chief Justice's ruling just over 3 years ago, Section 53 made it illegal for same-sex couples to engage in sexual acts. The law said that "every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for 10 years." The Chief Justice found that this did violate Orozco's constitutional rights and ruled that the sentence, "This section shall not apply to consensual sexual acts between adults in private" should be added.
Now, it might appear to be a small change, but that one addition was a big deal, and it caused the churches to bring enormous public pressure on the Government. They were of the opinion that this judgment was the start of the country's moral downfall. After first insisting that they would not appeal, the Barrow Administration then walked that position back and agreed with the churches that the Attorney General would make a limited appeal. The Government was not comfortable with the Chief Justice's expansion of the word "sex" in the constitution to include "sexual orientation" in Section 53 judgment. So, they came to an understanding that the Government would bring an appeal against that part of the decision, and then, the door would be open to the churches to challenge the entirety of the judgment itself.
Well, the Barrow Administration did just that, but several months before the appeal happened last year, the churches withdrew from the case entirely.
So, that forced the Government to pursue their appeal of sexual orientation on their own, and today the panel of judges returned with their ruling on the matter. Not only did they reaffirm the soundness of the Chief Justice's ruling, but they also dismissed the government's limited appeal. That means that the Supreme Court judgment stands.
We got a chance to speak with Caleb Orozco and his attorneys at a press conference this afternoon, and here's how Professor Westmin James explained the outcome of the appeal to us:
Professor Westmin James - Attorney for the Claimant
"I think we are here, certainly pleased with that of the Court of Appeal in upholding the decision of the high court and the Chief Justice that Section 53 in the Belize Criminal Code was unconstitutional, and that it infringes the rights of Mr. Orozco, and by extension all persons in the LGBT community in Belize. It offended their rights to dignity, privacy, freedom of expression, discrimination and equality."
"The Attorney General's appeal was dismissed, and they upheld the decision of the high court."
Reporter
"Did the court make a decision on the issue of sexual orientation."
Professor Westmin James
"The Attorney General had appealed two aspects of the Chief Justice's decision, 1, that the law offended freedom of expression, that it breached Mr. Orozco's right to freedom of expression, as well as the right under Section 16 against discrimination on the basis sexual orientation. The Chief Justice had said he came to the conclusion that sex under Section 15 included the concept of sexual orientation. So, those were two aspects appealed by the Attorney General. The court dismissed those two grounds of appeals."
"The rights that are expressed by Mr. Orozco and other persons in the LGBT community do not offend the fundamental rights of others. So, even though they can express themselves in the way in which they do, and have sex who have, while it may offend other people's sensibilities and morality, it does not offend their fundamental rights."
Reporter
"Is this the end of the litigation related to Section 53?"
Professor Westmin James
"Well, one cannot ever say that. There are other parties to this case, the Attorney General, if not pleased with the decision, may decide to appeal. So, I can't say that. We are evaluating the judgment ourselves, and so, we can make an informed decision later on."
The claimant Caleb Orozco, who was the catalyst to the striking down of Belize's anti-sodomy law, also spoke briefly to the media. He told us that although today's reaffirmation is very welcomed outcome, his advocacy on this issue is far from done:
Caleb Orosco - Claimant
"With the decision in 2016, the sky did not fall on the population that opposes. And once the population realized that the sky would not fall, there was no need for any additional reaction. And that's proof of what has happened today."
"What I have proven is that whether you're a sex worker, LGBT, a marginalized woman, a person with diverse abilities, a person experiencing domestic violence, you have the ability to take an issue to court and get redress."
"What we know is that further advocacy has to take place to 1, do the basic things like amending Section 53 on paper, continuous monitoring on what the ideals of our constitution are, and examine the enforcement mechanisms, and 3 getting users of the system to be inspired enough to stand up for themselves when their civil rights are violated. This is not the end-all or be-all of the decision. This is just half-way through the work. And what we don't realize, whether you're one side of the coin, or next, as citizens, our civil rights are always under attack, and that we must be vigilant in being able to defend it wherever necessary."
Viewers will remember that the members of the local church community in Belize were always very worried that Orozco's case was just the start of this LGBT agenda. The vocal members of the church insisted that the gay community's next big push was to agitate for same-sex marriages. Well, attorney Lisa Shoman had a few comments to share on that topic this afternoon:
Lisa Shoman, SC - Attorney for the Claimant
"So, what it means is that at the end of this decade, we now have 2 of the highest courts in the land in Belize affirming that the Criminal Code is wrong the way it is written, and should not be allowed to stand in terms of consenting adults and their sexual expression, and 2, that you're not permitted to discriminate, and you're permitted to derogate from someone's freedom of expression in this way. To my mind, the next fight, and the next uproar will be over the issues that come up in the new decade having to do with things like identity, and marriage equality. But, that's as far as I can tell you at this point. If you're using my crystal ball, I'll tell you that that's the next frontier."
Reporter
"Are you speaking with any foreknowledge that one such challenge has started to emerge yet?"
Lisa Shoman, SC
"No challenge has started, but I think, or rather I should say that it is my opinion that it won't be too long before it is challenged. I do know there are Belizeans who want to have the same opportunity that you and I have of being miserable in a civil union. So, that is to come."
"The other issue is identity. Transgendered persons, what do you do in terms of identity? Can you have yourself legally declared as one gender or another?"
The local gay community has a meeting scheduled for tonight where the attorneys will explain the judgment, and how it affects them.
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