Amidst high and mixed emotions in the Belizean community, a constitutional challenge filed by the United Belize Advocacy Movement (UNIBAM) and its president, Caleb Orozco, against the Government of Belize, returned to the Supreme Court for the preliminary hearing.
UNIBAM, an NGO registered in May 2006 consisting of some 60 members made up of homosexuals, lesbians, bisexuals and transgender men and women, is challenging section 53 of the Criminal Code, which criminalizes carnal intercourse against the order of nature with any person.
The case has provoked particular outcry among those professing to live by the teachings of God, who say that to allow a change in the law will lead to unwelcome changes to the lifestyles of a Christian nation.
Today, the court heard applications related to the validity of UNIBAM’s status as a claimant by the interested parties opposing the claim (the churches), as well as counter applications by the claimants.
Michel Chebat, one of the attorneys for the interested parties, briefly explained his initial submission to get UNIBAM struck out as a claimant because it has no locus standi (that is, standing or connection to the case) to be part of the action, though Orozco, as an individual, does.
“At the end of the day, what their fixed date claim form is seeking is to allow individuals to have sex against the order of nature, and so we are saying as an Organization, UNIBAM does not have that right, and so it cannot seek that relief in court,” Chebat told Amandala.
Meanwhile the claimant’s attorney, Lisa Shoman, SC, argued in court that UNIBAM, as an organization, consists of many members. She noted that homosexual men are also the victims of abuse, but cannot report it to the police because of fear and stigma.
Shoman told the media that it doesn’t matter whether UNIBAM survives as an applicant; the case will go on. She added that at this point, it almost doesn’t matter how the judge rules, because there may very well be an appeal in either case.
“We would like to get the matter before the court,” she said.
Also appearing as an attorney for the claimants is Senior Counsel Simeon Sampson. Usually, Sampson said, he has mostly been associated with criminal matters, but he joined the team because it is a case of human interest.
It is not certain as yet when a decision will be made by presiding Justice Michelle Arana concerning today’s hearings.
Some 20 persons, opposed to UNIBAM’s constitutional challenge, marched in front of the Supreme Court singing praise and worship songs, while court was in session.