UPDATE - VI says NO to same sex marriages!
ROAD TOWN, Tortola, VI – Marriage tourism was advocated by House of Assembly members during the debate of the Marriage Amendment Act, 2012 on May 10, 2012, but it will not include same sex marriages, a Government official announced.
The Act, which was brought before the House by Premier and Minister of Finance, Dr. D. Orlando Smith, now facilitates couples in getting a marriage license in one day instead of three to be married in the Virgin Islands (VI).
However, during the NDP radio programme that was aired last evening May 22, 2012, Minister for Natural Resources and Labour Dr. Kedrick Pickering, in response to a caller’s enquiry if same sex marriages will be performed in the Virgin Islands as part of the marriage tourism drive, said, "NO".
This is the first time any VI Government official has commented on the issue following United States President Barack Obama on May 9, 2012, who said something no other president has said before – that same-sex marriage should be legal.
Since then there has been a furore amongst religious leaders and john public within this predominantly religious community about the issue, with some calling it an abomination.
VI’s gays and lesbians respond
But it is common knowledge in the Territory that there are lesbian and homosexual couples in committed relationships. So the burning question is, will they have the courage to publicly debate the issue?
“I don’t think so,” one lesbian stated. “We live in a so called religious community, but I was pleasantly surprised when I heard President Barack Obama announced it. I think it’s a step in the right direction.”
“We are human beings just like everyone else, and religious leaders who said same sex marriage is an abomination should also speak out of the other social ills that plague our society such as sexual abuse, child abuse and molestation,” she charged.
The proud lesbian has embraced her lifestyle, and is content that she and her partner live comfortably without the fear of cheating and unhappiness. “If you only know the number of unhappy heterosexual couples living here you would be shocked.”
Meanwhile, another single lesbian, who has a child, is “quite pleased” with the level of homosexuals’ civil rights being acknowledged.
“It has been a long arduous road, for the LBGTs (lesbians, bisexuals, gays and transgenders). While I have no intention of getting married now, I guess down the road I know I have that choice,” the woman said.
Asked if her daughter is teased or traumatised that her mommy has a girlfriend, the proud lesbian replied, “Look this generation is changing and my daughter leads a healthy life. I have sat down with her when she was able to understand. I hate that there are so many closed minded people who think a child growing up with lesbian or homosexual couples are different!”
Unfortunately, only one homosexual male was available to be interviewed. However, he had a mouthful to say.
“First let me tell you I am down with that. Kudos to the President for having the balls to come out and say that,” he declared.
And though he was tight lipped as to whether or not he is in a relationship, the man who said he is in his 20s, claimed that there are more men on the “down low” in the VI than anyone can imagine.
The same sentiment was expressed by one of the lesbians that spoke with this news agency.
He continued: “I can tell you from experience most of the men who bash homosexuality are insecure about their sexuality and are on the down low. Trust me when I say that, and the funny fact is that many of them are married!”
Asked if he thinks it is heredity or a choice, the gay man explained that in some instances an individual is born that way, while others get curious and eventually get hooked. “The topic of homosexuality is one that has never been settled for years and I predict it will always be an on-going debate as to if a man or woman is born a homosexual or chooses to be one.”
To get an intimate knowledge of what governs same sex marriage in the VI, this news agency contacted Christopher Combrie, an Attorney At Law and a Senior Legislative Counsel in the Law Reform Commission.
According to Mr. Combrie, the Marriage Ordinance Cap 27, Section 272, which was amended in 1994, 1999, 2002, and 2012 does not address same sex unions or marriages. He further stated that the 2007 Constitution does not specifically mention any aspect of same sex marriages, unions, homosexuality or lesbianism.
“It only states that it provides for equal treatment with regards to race, gender among others,” he stated.
However, the Territory’s Civil Registry does not and has never performed same sex marriage services, this news site was told when the department was contacted.
The religious point of view
God created Adam and Eve, not Adam and Steve. This has been an on-going message by many religious leaders to their congregations throughout the world.
Commenting on the topic, Reverend Ronald Branche of St. Georges Episcopal [Anglican] Church when interviewed, admitted that while he was taken aback with Mr. Obama’s announcement on legalising same sex marriages, he is not opposed to civil unions.
“I believe that marriage is between a man and a woman,” he stressed.
And cognizant of the fact that LBGTs have been fighting for years to be treated equally, Reverend Branche noted that he is not a judge of anyone’s sexual orientation but pointed to the fact there have been evidence “that people with such inclinations have changed”.
“I can’t judge other people. I am just a Shepherd who guides his flock,” he added. “This is what is expected from us, at the end of the day we can’t do anything.”
But one church goer candidly stated, “We are living in a wicked world. The Roman Empire went into degradation because of the same thing and it crashed...its déjà vu all over again.”
When it was pointed out that church leaders have made the headlines time and time again for molesting young boys, the woman who has been going to church all her life, nodded and said “I rest my case.”
Is homosexuality legal in the VI?
This may be a shocker to many, research indicates that although anal sex is technically a criminal offence under VI law, a crime of buggery under the Criminal Code, buggery between two consenting adult males in private has been expressly legalized by an Order in Council in the Overseas Territories by the British Government pursuant to the Caribbean Territories (Criminal Law) Order, 2000 Sections 3(1) and 3(7).
This law was corroborated by the Office of Director of Public Prosecutions (DPP). According to Section 4 of the Caribbean Territories (Criminal Law) Order, the law was passed retrospectively.
However, there were two exceptions to the law where group gay sex, or sex in public, remains a criminal offence and may also lead to a charge under gross indecency and other minor sexual offence laws.
In addition to that, Senior Crown Counsel Christilyn Benjamin informed this news site that in the VI’s Criminal Code, there is the Offenses Against One Person Act that her office uses to prosecute an individual.
She stated that Chapter 53, Section 56 of the Offenses Against One Person deals with sodomy and bestiality which states that whosoever committees the abominable crime of buggery with another man or any animal shall be liable to be imprisoned for a term not exceeding 10 years with or without hard labour.
And over the past five years, only one case was ever recorded.
According to the Royal Virgin Islands Police Force (RVIPF), that individual was Nelson Callwood, aka `Pumpkin´ who is currently serving seven years for buggery. He committed the act on a fellow inmate at the HM Prison in January 2009.
What’s also interesting is that while researching for this article one businessman, who wishes to remain anonymous, recalled that in the 70s and 80s, homosexual couples sailed around the VI on Windjammer Cruises.
“They used to fly to St. Thomas, come on the ferry, sailed around the islands and at times just walk around but I never saw any one of them holding hands or kissing in public,” he added.
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