7 News Belize

With Appeal, Churches Can Also Challenge Ruling Decriminalizing Adult Anal Sex
posted (September 9, 2016)
And while the differentiation between the words "sex" and "sexual orientation" may be important, such an appeal would also open the door for an interested party to challenge to the other substantial part of the judgment, which is the de-criminalization of anal sex between adults. Now that is not academic at all; that's the really controversial part of the judgment which has many Christian fundamentalists in an uproar. Today the PM conceded that Government's appeal does open the door to that:...

Rt., Hon. Dean Barrow - Prime Minister of Belize
"Government's appeal on the limited basis, government's appeal of just the one aspect of the ruling that has to do with the extension of the definition of word "sex" in fact opens the door to all who are interested parties in the court below to make submissions across the board. The Roman Catholics as an interested party can now make submissions in the appeal and they can go beyond where government is prepared to go. Because I repeat, government is limiting itself to only one aspect for challenge and government does not want to see the decriminalization of section 53 reversed. But, we are happy that we have open the door so that those that feel very strongly different from us can have a chance to argue their case and ventilate their position. We've look at the law and the learning says quite clearly that even where government does not believe in an appeal, if the point in issue is one of fundamental importance about which the society is sharply divided, the public interest actually might require government to facilitate the ventilation of that view that's different from government's view."

But, as viewers will remember, a month ago, the Prime Minister very strongly asserted that the Church, or any member of the public for that matter, need only approach the court and prove that the judgement affects them. He said If they were able to do that, they would be able to appeal the judgement themselves. To show what a difference 4 weeks can make in public life, here now are those remarks from August 17th.:

FILE: August 17, 2016
Rt., Hon. Dean Barrow - Prime Minister of Belize

"No sir, you are perfectly free to apply to court to be given leave to appeal. As I understand it, you need not even have been an interested party to be able to get leave to appeal. As long as you can show that the decision of the court affects you, you are entitled to apply for leave to appeal. In this case, because you were interested parties, it strikes me that you are almost immediately and automatically there."

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