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ABSTRACT
This article critically examines conservative Christians' participation in two legal processes: the review of Jamaica's 2009 Sexual Offences Act and related laws in 2017 and the Belizean constitutional challenge by Caleb Orozco in 2011–2016. It reveals how some conservative Christians' active participation foregrounds struggles over morality and nationhood. It also highlights common strategies used in their mobilisations; namely, an appeal to certain notions of democracy, whilst asserting the continuous relevance of certain Christian principles and teachings. These engagements address the present role of religion in the public spheres of these ‘postcolonial’ nation-states and the possible dilemmas posed for democracy.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 These also have relevance to an analysis of gender and socio-economic class within these respective societies.
2 In 2017, a similar legal challenge was successful in the Republic of Trinidad and Tobago. According to Bulkan and Robinson (Citation2017), though such strategic litigations have shortcomings, they nevertheless also provide opportunities; namely, a recognised space for those who are marginalised from the political process to assert their claims in serious conversations.
3 Drawing upon the respective works of Cherubini (Citation2011), Lister (Citation1997; Citation2007) and Rubin et al. (Citation2014), I define lived citizenship as not only including legal notions of citizenship, but also that which ‘focuses on the relationship between citizenship and everyday life, and deals with the different ways in which social actors give meaning to and practice the three key elements of citizenship (namely: rights, belonging and participation)’ (Cherubini, Citation2011, p. 114-5). It has also been argued that the mobilisation of conservative Christian groups is aimed at shaping notions of sexual citizenship within the region (Lazarus, Citation2015).
4 Certainly, Hollenbach (Citation2003) is aware of the concerns about religious organisations seeking to assert dominance and to coerce others to adopt their religious beliefs. As such, he disavows any use of coercive methods and instead encourages open dialogues (see Rieffer, Citation2006, p. 36).
5 Extracts from minutes of the meetings of the House of Representatives (on December 6, 2016) and the Senate (December 16, 2016) both highlight that the respective appointed Special Select Committees are ‘to consider and review the existing legislation which purport to, among other things protect women, children, the disabled and the elderly from violence and abuse, being the Sexual Offences Act, the Offences Against the Person Act, the Domestic Violence Act and the Child Care and Protection Act, with a particular emphasis on the offences and punishment under these legislation with regard to:
a) The murder of pregnant women;
b) The assault of women, children and the elderly;
c) Sexual offences against women, children and the elderly;
d) Such other violent crimes against women, children, the disabled and the elderly as may be deemed to be necessary for the review.’
6 The subject of human rights remains a highly contentious one within the region, especially as it relates to topics such as the death penalty, abortion, marital rape and a number of other issues relating to sexual and reproductive health and rights. According to Stephen Vasciannie (n.d.), though there is no singular Anglophone Caribbean perspective on human rights, the governments generally consider their laws as being amongst the global human rights mainstream. In other words, ‘there is a core commitment to human rights values, at least at the level of legal pronouncements’ (Vasciannie, n.d, p. 351). Within these countries, many of the constitutions draw upon the language and terminologies presented in international instruments such as the Universal Declarations of Human Rights and the European Convention on Human Rights. Similarly, one cannot speak of a singular approach to human rights amongst churches within the region. There are various understandings of what this concept means and includes. For some of the conservative Christian groups within Jamaica, certain claims to rights, notably many of those linked to sexual and reproductive health rights as presented in this article, are in fact perceived as an attempt to erase the difference between what is ‘a right and a cultural and moral wrong’ (Lazarus, Citation2016a, p. 41). Arguably, amongst such groups, the concept of human rights per se is ostensibly not at issue, but rather, some of the ‘new’ concerns that are being included and emphasised, as well as the interpretations of human rights discourses by liberal groups within the society (ibid).
7 Importantly, the Bishop was not speaking on behalf of the Anglican Church, but in his personal role as an active citizen.
8 Together, these churches ‘[…] represent the vast majority of Christians in Belize’ (Caleb Orozco v. The Attorney General of Belize, Citation2016, p. 10). This is significant because, like Jamaica, the population of Belize is predominantly affiliated with Christianity (Perkins, Citation2016).
9 It is worth highlighting here that the sentiment that is expressed in Part I of the Belize Constitution aligns with a commonly shared belief by many religious players in this context, as well as in Jamaica; that is, that human rights are in fact endowed by God the Creator or Supreme Being, and this is what makes human rights not only special, powerful, but also universal to all members of the human family (see also Lazarus, Citation2013).
10 Of course, Asad (Citation2003) rightfully points out that within modern secular countries, the place, role and significance of religion vary (p. 5).
11 Interestingly, ‘the Government of Belize (GOB) decided [initially] not to appeal the decision. However, after several meetings with members of the Belize Council of Churches (BCC), the Government then decided to partially appeal the amended criminal code, which the churches have appealed in its entirety’ (Cowo, The San Pedro Sun, September 30, Citation2016). Specifically, the government accepted the overall ruling of decriminalisation, which was handed down by Lordship Benjamin CJ, and has noted that it will continue to do so regardless of the decision made by the Court of Appeal. However, the Attorney General appealed the specific rulings relating to the freedom of expression and non-discrimination. Though the government’s decision to make this partial appeal came as a result of pressure from church groups, it is worth noting that very vocal groups such as the Roman Catholic church subsequently withdrew their own appeal before the October 2018 hearing (Human Dignity Trust, November 9, Citation2018)
12 To borrow from Tocqueville, Citation2002, p. 290.