From:TheBahamasWeekly.com
Same Sex Unions and The Bahamas
By Mikia Cooper, Halsbury Chambers
Mar 28, 2015 - 6:09:42 AM
Across the globe, more and more individuals are openly living what
society has dubbed an alternative lifestyle – a departure from the traditional
heterosexual relationships and families – in favour of same sex partnerships.
While such unions have become more popular in recent years, the onset of this
lifestyle was met with trepidation, apprehension and in some cases outright
discrimination by groups who have and continue to label such unions as unholy,
or unnatural.
Alternative lifestyles are not merely limited to homosexuals – lesbians and
gays – but also encompasses an entire grouping of individuals ranging from
bisexual, transgender and transsexual people known as the LGBT community.
As with countless other marginalized groups, same sex couples and
partners have through protests, demonstrations, petitions and countless other
avenues, sought greater protection under the law and an expansion of their
rights including the right to adopt children and the right to marry, which in many
countries – including some US states, Ghana, Algeria, Trinidad and Tobago and Jamaica
– is still illegal. In fact of the 196 countries which make up the global
community, 78 countries still outlaw homosexuality and limit the rights of LGBT
citizens specifically with regard to their right to wed. This has led to issues
for such individuals in cases where the assets accumulated within the union
must be divided in death or separation.
Proponents of same-sex
marriage argue that preventing lesbian, gay, bisexual, and transgender (LGBT) individuals from
marrying infringes upon a number of their rights, including rights to housing
and social security or other government benefits, and often leads to additional
acts of violence or discrimination based on sexual orientation and gender
identity.
Opponents of the lifestyle
have argued however, that it goes against natural laws of procreation and
family life, while others oppose on the issue of morality. According to Bible
scripture homosexuality is a sin against God and the moral principles outlined
in the Bible.
In recent years though, scores of countries have, under the law, moved
to validate same sex unions and grant them the rights afforded to other married
couples. All European countries for example have repealed their laws against
homosexuality, although Russia, and Ukraine both enacted an anti-gay propaganda
law which prohibits any positive mention of homosexuality in the presence of
minors.
In the United States, all but 12 states still deem same sex marriages
unconstitutional with Florida – The Bahamas’ closest US neighbour – becoming
the latest to repeal their laws prohibiting persons of the same sex to wed in
December 2014.
While homosexuality is not
legally outlawed in The Bahamas, it is restricted to consenting adults in
private and persons engaging in that alternative lifestyle are not permitted to
wed. The Matrimonial Causes Act stipulates that a legal marriage can only occur
between a man and a woman. The recent decision by Florida legislators to legalize
same sex unions, coupled with the local conversation about the rights of same
sex couples in the context of the country’s legal and Christian belief system,
which do not allow such unions has raised questions about the future of same
sex laws in The Bahamas.
The Bahamas over the past
few years has signed on to certain conventions and treaties that in many
respects, pave the way for expanded LGBT rights in the country. The Bahamian government,
through its recent push toward gender equality further opened that door via one
of the four questions prepared for a proposed referendum.
Question number four in the
collection of constitutional reform bills, seeks to insert the word sex in Article
26 of the Bahamas Constitution which would make it illegal to discriminate
against an individual for ANY REASON and under ANY CIRCUMSTANCES on the basis
of gender. The wording of that fourth constitutional amendment question has
been heavily debated over the last year or so with some political opponents of
the bill calling for the question to be disregarded in its entirety while
others have conceded that adjusting the verbiage of the question to include the
words ‘at birth’ could make a difference in ensuring that the law as stipulated
by the Matrimonial Causes Act cannot be overturned by a legal challenge.
So far, the current PLP
administration has downplayed the concerns raised by the local, legal and
religious communities regarding this aspect of the constitutional reform bills,
however when combined with the stipulations attached to the various
international treaties which The Bahamas has signed, it comes clear that the
amended laws could become a catalyst to allow the legalization of same sex
unions.
At the moment, trends
surrounding the legalization of gay marriage indicate that many more developed
countries will follow the lead of European countries in expanding the rights of
citizens opting into the alternative lifestyle. In the context of The Bahamas as
a tourism destination, the country could find itself under pressure to do the
same in a bid to attract more visitors to our shores.
The outcome of any such
decision, whether in favour or against granting legitimacy to same sex unions,
could have far reaching social, political and economic implications for the archipelago
which have yet to be discussed or addressed in a concise or sustainable way.
Disclaimer:
The views expressed here are solely those of the author in his/her
private capacity and do not in any way represent the views of
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