Founder of the Joy Town Development Foundation, Major Richard Cooke, said several church leaders have responded positively to Friday’s ruling that a trial be held to determine whether the Supreme Court has the jurisdiction to question the legality of Jamaica’s anti-sodomy law, given the savings law clause in the Charter of Rights.
A number of churches and para-church groups had addressed the Court of Appeal last week during a two-day hearing that also involved LGBTQ activist Maurice Tomlinson. The gay activist had filed a lawsuit against the government over the country’s buggery law in November 2015. He contends that Jamaica’s buggery law, contained in the Offences Against the Person Act (OAPA), contravenes his constitutional rights as a homosexual man.
But the judges at the Court of Appeal unanimously agreed that Supreme Court Judge Justice Tricia Hutchinson was wrong when she ruled in 2022 that there was no need for a separate trial to determine whether the court had the jurisdiction to enquire into the constitutionality of sections 76, 77, and 79 of the OAPA in light of the savings law clause.
The judges asked that the trial on this preliminary issue be held as soon as possible on a date to be fixed by the registrar of the Supreme Court, while Tomlinson’s substantive claim be stayed. The attorney general and several religious groups had appealed Justice Hutchinson’s ruling. All the orders made then by Justice Hutchinson have now been set aside.
“I think it was the right ruling, a good ruling. The Attorney General needed to have the opportunity to try the case with respect to does the saving clause apply in this case?” Major Cooke told the Freedom Come Rain newspaper in a recent interview.
According to the Jamaican Charter of Fundamental Rights and Freedoms, existing laws that criminalise sexual relations between men and preclude legal recognition of homosexual unions are immune from constitutional challenge. These are known as the saving laws clause.
The churches have engaged in a series of fasting and prayer meetings for Jamaica’s buggery law to remain in tact. The Association of Christian Communicators and Media (ACCM) has expressed concerns about the renewed push by LGBTQI activists and others to force changes to the Jamaican Constitution as it relates to the buggery law and the prohibition of abortion.
“We will not relent from our principled position that our children will not be coerced into accepting these practises as normal. Our very vulnerable education system is a prime target for this anti-God lifestyle. We are firm in our resolve that this must be resisted by the Christian Church through the power of Jesus Christ of Nazareth,” said the ACCM.
The ACCM will be hosting a specially convened information forum on Good Friday, April 7, under the theme, ‘Man + Woman = God’s Perfect Plan. According to Genesis 1:27, “Male and female created He them”.
The forum will be held at 4 p.m. at the Freedom Come Tent on the Spanish Town Bypass. The event will also be aired on MTM TV and streamed on online platforms.
