Jamaican constitutional lawyer, Lloyd McFarlane, says a decision by Belize’s Court of Appeal, affirming a challenge against the buggery law in that country is sound.
He says a similar challenge could be possible in Jamaica.
Last week the Belize Appeals Court backed it’s Chief Justice, Kenneth Benjamin, in his 2016 ruling that the buggery law was unconstitutional.
Mr. McFarlane says while not binding on the Jamaican courts this could provide persuasive authority for a similar ruling.
Chevon Campbell has that story.
Several Christian groups yesterday slammed the decision by the Belizean judiciary as overreach and judicial activism.
One group, Caribbean Cause has called on CARICOM heads of government to intervene.
However, Jamaican Constitutional Lawyer, Lloyd McFarlane, is dismissing that argument.
In his initial ruling, the Chief Justice of Belize interpreted the country’s constitution regarding discrimination on the basis of sex to include sexual orientation.
This interpretation was used as a basis to strike down the buggery law.
Mr. McFarlane says the Belize Chief Justices’ interpretation was entirely inline with jurisprudence.
Caribbean Cause believes the ruling could have far reaching consequences in other territories including Jamaica.
Mr. McFarlane agrees, he says it’s entirely possible that a similar ruling could be arrived at here.