UNIBAM Gay Rights Case Slated for May 7-10, 2013

also see: United Belize Advocacy Movement, UNIBAM Makes A Comeback from sister blog GLBTQJA (Blogger)

meanwhile  reports

The landmark case of the government of Belize and the churches versus UNIBAM continued this week as the defense and the prosecution made new statements in court.

It is believed by some UNIBAM supporters that Justice Michelle Arana, in addressing the position of UNIBAM’s preliminary filing of the case, struck out its claim for individual rights but did recognise them as an organization that can claim human rights under the law.

UNIBAM representative, Caleb Orozco, stated that he feels positive about the December 5, 2012 court decision, and that Justice Arana’s ruling in pushing the full hearing of the case to May 7-10 of 2013 has given them time to prepare for the next stage, where they will be able to submit extensions by February 18, 2013. He reiterated that UNIBAM is relentless in its struggle for what he called, “fundamental rights and freedom.”

But critics are noting an attempt by UNIBAM to exploit the recent statement made by United States Secretary of State Hillary Clinton that governments like Belize must do everything in their jurisdiction to modify their laws to protect people who are transgender or who are engaged in same-sex relations.

Pastor Scott Stirm, a spokesperson representing the Belizean churches, still felt that the churches have made some inroads on the case and expressed deep support of the church’s position to stand its ground.

“UNIBAM is trying to use the preamble of the constitution to push a lifestyle in Belize that is unacceptable,” he stated, “They are trying to push this issue as a human rights issue. And there is an international/global agenda that is pushing homosexuality and abortion.”

“On a moral basis we disagree with the U.S. government,” said Stirm. “UNIBAM receives support from the U.S. in the name of human rights. But we will not allow them to legalize this lifestyle so that they have free course to go into the schools and teach our kids their lifestyle.”

Amandala has not been able to get any government position on the latest court proceedings on the issue, but learned through sources that Government remains firm on its position.

The Obama administration recently sent a message this year to countries in the Caribbean and Central America stating that there would be economic repercussions for non-compliance with its policies of acceptance of homosexual and transgender lifestyles.

However, most of the targeted governments – almost all of which are developing countries — have challenged the U.S.’s position as an attempt to force them to accept policies that are not supported by their respective populations.

Orozco, for his part, has expressed his group’s intentions to take the issue to the Court of Appeal and even to the Caribbean Court of Justice if the opposition against them from Government and the religious community continues to mount. Orozco says that they will continue to organize and will start a popular education campaign on the rights of transgender and homosexual individuals across Belize.

“There is a layer of comfort from the U.S. Secretary of State Hillary Clinton’s support for our cause here in Belize,” stated Orozco.

According to Pastor Stirm, the Belize Human Rights Commission has shown no backbone in addressing morally degrading issues in Belize. He said that they have exploited the issue for their own interest.

“The Human Rights Commission is pushing the agenda because they are getting big funding for this,” stated Stirm. “Where was the Human Rights Commission when Jasmine Lowe was murdered?” he asked.

ENDS

We of course a keeping a close eye on this case as it could be the game changer for the Caribbean and the struggle for same sex intimacy to be finally become a real private matter and consensual. 

Our courts already have set a precedent over the years in terms of buggery cases that have adults caught in a "compromising position" (even non-penetratively - gross indecency) in a private setting, indeed my own experience having gone through the system as a person (along with others) charged for buggery in 1996, a doctor's report, an evasive examination with fingers inserted in my anus, swabs taken from my urethra and all to supposedly find spermatozoa cells inside my rectum and examination of my sphincter muscle to see if a dick was inserted so as to prove that penetration took place and not rupture caused by hardened stool yet the case was eventually adjourned sine die almost two years after as the arresting officers stop attending the sessions despite subpoenas being issued and there was no concrete evidence to suggest buggery it was all done to embarrass us, that part they succeeded only for a time but we have all moved on.

Most cases that do go to full trial with a conviction tend to be cases of a homo-paedophile nature where there is a younger victim but which also does not necessarily suggest the orientation of the perpetrator as we are told by the experts, 

see: Men Who Rape The Psychology of the Offender

Another valid reason I suppose for the law to be removed but by what means - an external challenge (two already exist), a referendum, a conscience vote (as suggested by PM Simpson Miller) or a proper debate in the houses of parliament with the necessary amendments with the commensurate actions to make such a radical constitutional change, wiping out saving clauses and all?

Peace and tolerance

H

Being Transgender Is No Longer A Mental Disorder ?...............

UPDATED Repost from GLBTQJA 
Maybe, at least not yet for some ......... reports seem to be conflicting

Firstly, Last Saturday, the American Psychiatric Association board of trustees approved the latest proposed revisions to the Diagnostic and Statistical Manual of Mental Disorders, what will now be known as the DSM-V. This was supposed to have marked a historic milestone for people who are transgender and gender non-conforming, as their identities are no longer classified as a mental disorder. Homosexuality was similarly declassified as a mental disorder in 1973.

Until now, the term “gender identity disorder” has been used to diagnose people who are transgender. For conservatives, this has provided rhetorical carte blanche to describe the entire trans committee as disordered, delusional, and mentally ill. In some cases, this diagnosis has even been used to discriminate against trans people, with claims that they are unfit parents or employees, as examples. On the other hand, insurance companies have been more willing to cover the expenses associated with transition under this language, because treatment for a disorder is considered medically necessary, rather than cosmetic.

The new manual will diagnose transgender people with “Gender Dysphoria,” which communicates the emotional distress that can result from “a marked incongruence between one’s experienced/expressed gender and assigned gender.” This will allow for affirmative treatment and transition care without the stigma of disorder. Earlier this year, the APA also released new health guidelines for transgender patients, as well as a position statement affirming transgender care and civil rights. Both documents align with a new standard for respecting trans people in the medical community.

It was only after homosexuality was declassified as a mental disorder that ex-gay ministries formed, protesting the medical community’s decision to affirm non-heterosexual orientations. Some dangerous ex-trans ministries exist already and are championed by Focus on the Family, NARTH, PFOX, and other anti-LGBT organizations. It’s possible that these efforts may similarly increase in the wake of this DSM revision. (Think Progress) 

Some transgender advocates see this change in the DSM-V as an important step to removing stigma against transgender people based on false stereotypes about gender identity and expression, as well as the word “disorder.” Transgender people are no longer subject to a lifelong default diagnosis of their mental health. This change follows previous statements from the APA on mental healthcare for transgender people. However, other transgender advocates note the barriers this change may create to accessing health insurance coverage for trans-related medical care, which could already be prohibitively expensive even before the change.

But in an update on TransGriot December 6, 2012 there seems to be great unease within the US trans activist community in particular as the following will bring to bear: some people are contending the trans group didn't get depathologized and in fact the trans community is in an even worse position than they were in previously?

From Naomi Fontanos, executive director of Ganda Filipinas who also sits on the board of World Professional Association for Transgender Health, WPATH:

"To my friends who are asking about the confusing reports about the Diagnostic and Statistical Manual of Mental Disorders (DSM) V of the American Psychiatric Association (APA). Here are the facts:

1. Gender Identity Disorder (GID) will only be replaced with a new name, Gender Dysphoria (GD), which is still classified as a sexual disorder in the DSM. GD will still be used to psychopathologize transgender and gender diverse people of all ages including children.

2. GID was not delisted from the DSM like homosexuality was delisted in 1973.

3. The DSM V will also include Transvestic Disorder that will replace Transvestic Fetishisim. Transvestic Disorder will include anyone who engages in sexual activity and wears the clothing of the gender that one was NOT ASSIGNED to him or her at birth. This diagnosis affects a large portion of transcommunities around the world.

Until GD is removed from the DSM, the fight to depsychopathologize the humanity of transgender people continues!"

Kelley Winters, who has been fighting the GID reform battle for years, had this to say: in her post breaking down the gender diagnoses "Despite retention of the unconscionable Transvestic Disorder category, I believe that the Gender Dysphoria category revisions in the DSM-5 will bring some long-awaited forward progress to trans and transsexual people facing barriers to social and medical transition. I hope that much more progress will follow."

Julia Serano also commented on the DSM-5 controversy.

Earlier this year the APA did offer a new position on transgender care as well, CLICK HERE from GLBTQJA.

Please see as well: Trans Depathologization: the spark of change

Also being watched closely by some activists overseas is the Jenna Talackova mission along with transpeople around the world to get Gender Identity Disorder removed from the next edition World Health Organization's ICD manual.

The International Classification of Diseases manual fight is important because insurance companies use ICD diagnostic codes when it comes time to bill for medical services performed. The renaming of Gender Identity Disorder to the proposed 'Gender Dysphoria' in the imminent publication of the DSM-V manual has also led to international trans activist efforts to get this done before the projected ICD-11 publishing date in 2015.

Here's Jenna's video and a link to her petition calling on the WHO to remove GID from the ICD-11 ..

France in 2010 became the first country to remove transsexuality from its list of mental disorders. The European Parliament in a September 28, 2011 resolution called for the WHO to withdraw gender identity disorders from the list of mental and behavoral disorders, and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11).

Real change is needed, tolerance does not mean acceptance ............

The following article was sent to me by a reader via email and my thoughts was sought, here is the piece firstly"

When two women marry. What must we do if Buggery Law attacked by those who could destroy tourism?

By Linton Gordon

Over a weekend in June we woke up to the news that two ladies got married to each other in Trelawny. This unprecedented lesbian marriage is not recognized by our Laws, as our Laws recognize marriage to be a matrimonial contract between a consenting male adult and a consenting female adult.

However, this marriage is recognized in some countries and may very well be a testing of the waters here in Jamaica.

Prime Minister Portia Simpson Miller’s decision to initiate a parliamentary debate on our laws pertaining to homosexuality has been welcomed by the United States, Canada and the United Kingdom. Our laws prohibit “sexual” relationship between man and man. There is no law prohibiting such acts between two females. However certain acts between two females can lead to a charge of Indecent Conduct.

The Offences Against The Persons Act groups any so called sexual act between two males with acts of bestiality. This is a clear indication of the contempt with which the framers of the Law held such acts between two males. There is increasing pressure worldwide for countries to repeal laws that make consenting “sex” between adult males a crime.

Our law is to be found at Section 76 of the Offence Against the Persons Act as follows:

“Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned and kept to hard labour for a term not exceeding ten years.”

The Act does not restrict the crime to acts with men only. It follows that “anal sex” with a female is also a crime in our Law.

We have a serious challenge as it relates to the matter. Our main trading partners are the United States, the United Kingdom and Canada. The majority of our tourists are also from these countries. It can therefore be taken that somewhere along the line some of the tourists coming here are lesbians and some are homosexuals.

Indeed, the operators of our hotels and the employers at these hotels have now learnt that to refuse a gay couple a room can lead to a fall out in business.

Then there was a time when workers at some of these hotels swore that they would not serve homosexuals. Today they have no choice but to do so and they do so and turn a blind eye to the sexual preference of these persons.

There might be potential investors who have refused to come to Jamaica and invest in fear of their lives because of their sexual preference being in conflict with our intolerance. This take us to a very ticklish question, that is: what should be our reaction to a known millionaire homosexual who is prepared to come and invest in the opening of a factory that will employ thousands of Jamaicans? Should we refuse him because he is a homosexual or should we take the route of United Kingdom, Canada and the United States of America where the attitude is “While I do not agree with your lifestyle, I will not participate and I will not interfere with you.”

What if a campaign is launched in Europe and North America to discourage tourist from coming to Jamaica because of our Buggery Law? Are we prepared to see the death of tourism rather than a change to the Buggery Law? Should we hang onto the Buggery Law at all cost even if we run the risk of international isolation?

Those who advance religion on justification should assure us that they can, through prayer, lift us out of ignorance, illiteracy and poverty.

It seems to me that all the contenders should move towards a compromise and the compromise should be found in one word ‘ tolerance’. As objectionable and obnoxious as we might find the relationships and acts we discuss herein, we should be prepared to ignore those who so conduct themselves in the way we do not. Those who so conduct themselves should do so in their privacy and without bringing it into our faces.

We as a country should be prepared to make rational and objective decisions in the interest of our country, difficult and painful as these decisions may be.

I personally find the practice of homosexuality and lesbianism unacceptable and, certainly in the case of so called sexual acts between two men, unnatural.

This article therefore should not be taken as one written on their behalf or in support of homosexuals and lesbians. The views I express are entirely in the interest of the country and the interest of this country should be our priority. Full stop.

ENDS

Certainly the perception given here is that locals are being forced to accept homosexuality overall but why can't we just see people as people and not who they sleep with or how we have sex? If the country's interest is of such priority and we already have properties who do open their doors to LGBT vacationers and naturists while quietly doing so so as to avoid unwarranted backlash why then make it seem as if gay persons are out to suddenly use outward displays of affection to poison everyone else?

The paranoia that somehow all we are here to do is to homosexualize everyone else is preposterous. Do we see elsewhere around the world where same sex relations and sexual activities are legal any untoward displays of affection in public that this writer implies, even in the gayest of nightclubs or entertainment spots there is civility, the raunchy effect of same sex activity is a misnomer as if same gender loving persons who would come here would suddenly have open sex for all to see, holding hands or embracing openly is not going to suddenly lead to a transfer of homosexuality to a heterosexual or this scared writer of the piece. The fear of the unknown is just beyond me when it comes to homosexuality.

The lesbian, gay, bisexual and transgender (LGBT) leisure travel market is set to reach a record US$181 billion in 2013, says a report from the recently concluded World Travel Market (WTM) in London, England.

The findings are based on the LGBT2020 research programme from leading global LGBT marketing specialist Out Now Global -http://www.outnowconsulting.com - which measures consumer spend, purchasing habits and brand preferences across 22 countries.

The new data shows a 9.7 per cent year on year growth in the LGBT travel market, up from US$165 billion in 2012. The findings come at a time when a few Jamaican resorts have become more accepting of same-sex couples.

Tolerant industry

"Our hotels have always welcomed. We don't necessarily place ads advertising that we accept the LGBT, but we would never turn back persons because of their sexual preferences," said a Negril hotelier, who added that there is really no difference from how the LGBT market was treated by the average hotel 20 years ago.

"The industry has always been more tolerant than the rest of the society," said the hotelier, adding that there are many gays working in the tourism sector, so it's no big news.

Another hotelier says Jamaica is not ready for this market, which is a big mistake. "I have tried to target them in the past, but I have given up, because it's a hard sell, particularly because of our homophobic reputation," said the hotelier.

She said if members of the LGBT community were to turn up at her property they wouldn't be turned back. She admits that the market has huge potential of pumping foreign exchange into the island's coffers. We need to get real and realise that the pink dollar we are prepared to take under the table while ignoring the "types" can't work anymore we are going to have to get open and embracing and have real tolerance if we are to diversify our tourism product and thus improve our economy not with the kinds of numbers we are hearing in terms of LGBT travel and the potential it affords. LGBT consumers are finding the cost of living tough and some are working two or more jobs to keep things together, but with dramatically fewer households with children, travel remains a viable option for more LGBT travellers and one that is still within their household budget.

We need to get with it already.

Peace and tolerance

H