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Last Updated: Feb 13, 2017 - 1:45:37 AM |
 Dear Editor,
Recently, the press and social media were buzzing with novel comments from the Constitutional Commission’s Chairman, the Hon. Sean McWeeney, stating that voters should vote “yes” to Bill 4 in order to define “sex” which currently sits undefined in Article 15. He further says that if we do not vote “yes”, it may become a little easier to overturn the existing legal ban on same-sex marriage. With due respect, Mr. McWeeney attempted to give currency to pure propaganda that some who are associated with YES Bahamas have been trying to spread for many weeks.
I am unable to follow Mr. McWeeney’s reasoning about the need to define the meaning of sex in Article 15, where it has sat undefined for almost 43 years. As I followed the legal back and forth between lawyers on whether Article 15 is a preamble or bestows rights, I was able to see that the position is clear that Article 15 bestows no rights but merely declares them. Articles 16-27 bestow rights, and sex is conspicuously and intentionally, I believe, missing from Article 26.
It seems to me that it is a false argument that we need to vote “yes” in order to define what sex means in Article 15. Clearly, it matters not what sex means in Article 15 because, as Mr. McWeeney admits, no right regarding sex (or anything else) is bestowed in Article 15. Sex only needs to be defined if placed in Article 26, as the Constitutional Commission and the government are trying to get voters to do.
If, as Mr. McWeeney says, a liberal judge can create a right for same sex marriage because sex is sitting undefined in Article 15, is it not wiser NOT to place “sex” in Article 26 (which would enshrine the right to whatever “sex” means and thus make it easier for a liberal judge to do what Mr. McWeeney says he can now do in Article 15)? I believe it is, and to do otherwise is unwise. Therefore, I’m voting no to Bill 4 (and Bills 2 and 3), and I encourage others to do the same. Meanwhile, the government can continue to pass whatever laws it deems necessary to further promote equality between males and females.
As this is probably my last letter to the editor on this matter prior to referendum day on June 7, I wish to thank publicly Mr. McWeeney and his fellow commissioners for their many sacrifices and contributions toward nation building through this constitutional review process. The excellently written and produced report compiling their efforts and their recommendations will stand as a testimony to their fine work for many years to come, and I’m grateful for their efforts.
Yours truly,
Pastor Cedric Moss
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
TheBahamasWeekly.com
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