Canadian law professor, Richard Albert, who has expressed a distinct pro-abortion and pro-same-sex bias has been appointed to the committee charged with reviewing the Jamaican Constitution.
Albert has argued that should the United States court choose to overturn its previous ruling on same-sex relationships, there would be a fundamental breach of the right to privacy for every individual, including homosexuals.
Albert’s comments in a televised interview in the aftermath of the Supreme Court’s decision to overturn Roe versus Wade, sparked concerns among some Jamaicans about the role the Canadian will be playing in the recently convened committee.
He told KVUE news in Austin Texas that overturning the landmark case was not going to necessarily prohibit abortion cases in many states in America, but instead meant that safe abortions would be prohibited.
“Abortions are going to happen, even in Texas after the legislature prohibits them and that’s bad news. It is very sad, it’s a devastation for the country, for women and anyone who believes in fundamental rights and freedom,” he said during the interview.
Conservative judge Justice Clarence Thomas had indicated that other rulings could be revisited including the right to contraception and same sex relationships. Albert believes overturning the right to contraception would be akin to the state entering the bedrooms of men and women across the country. He further argued that if the ruling were overturned, there would be a breach of the fundamental right of privacy in sexual relationships between two persons, whether they be of the same sex or not. He said this would be disastrous for personal relationships involving people who love each other in America
“Americans have the power to amend their constitution to overturn a Supreme Court opinion,” he said.
Albert, the Professor of World Constitutions and Director of Constitutional Studies at The University of Texas in Austin,
is the sole non-Jamaican on the Committee.
According to Prime Minister Andrew Holness the committee will oversee the reform of Jamaica’s Independence constitution. The 14 member committee was announced on March 22 and is chaired by the Minister of Legal and Constitutional Affairs, Marlene Malahoo Forte.
Attorney and advocacy officer for the Coalition of a Healthy Society, Phillipa Davies, is among those who have questioned the reason for Albert’s inclusion on the Committee.
“Are we not an independent nation of 60 years? Why are we en-panelling a non-national on our Constitutional Reform Committee?” she asked.
She said she is further perplexed by the utterances of the professor who based on the Youtube video appears to be in support of abortion and same sex relationships. Efforts to legalise both has consistently faced push back from the church.
“The question then is what is the intention of this Constitutional Reform Committee?” she asked.
While Davies agrees that there should be a broad representation on the committtee to reflect the demographic and the values of the Jamaican people, she wonders about the real intention of the committee
“What was also puzzling was the original stated intention of the Committee when Minister Malahoo Forte made the announcement in June 2022 is that it was set up to help a smooth transition from our current Constitutional Monarchy to a Republic, but then later down in the year, there was an additional objective of engaging a thorough review of the 1962 constitution and the 2011 Charter of Rights,” she said.
“The Charter of Rights is still young in the number of years that it has been enforced. What are the problems why it must now be reviewed after 11 years? We have not heard of there being challenges or issues with its operation as to why it would require a thorough review,” the attorney stated.
President of the Jamaica House of Prayer and pastor of the Christian Life Fellowship, Pastor Harry Walcott said he does not have a problem with a non-Jamaican being on the Constitutional Reform Committee, but after reviewing the interview with Albert he like other members of the Christian community are concerned. His scepticism is based on his observation that there has been increasing pressure to change the Jamaican constitution by foreign influences.
“I don’t know that we need to change the constitution to make this nation greater that it is,” said Walcott, who believes our forefathers had used wisdom and were guided by God in drafting it.
“What is happening now is an attempt to destroy the foundation, the righteous foundation that our forefathers have laid for this nation and we need to by the grace of God to preserve this thing,” said Walcott while urging Christians to pray.
Spanish Town based pastor, Bishop Rowan Edwards believes that the process to change Jamaica from a Constitutional Monarchy to a Republic is long overdue, but he too does not feel there is a need for someone from Canada to be a part of the Committee.
“We have enough bright people in Jamaica who can handle constitutional reform,” he asserted.
Although there are mounting pressure for Jamaica to change its constitution and remove the buggery law, the senior clergyman is confident that Dr David Henry, who has been selected to represent the faith based community, will ensure the church’s stance is maintained.
“Reverend Henry is a Godly man and I am expecting Godly attitude from him, and a Godly response,” he said.
