June 30th, 2015
Statement by S. Ali McIntosh, Servant Leader BCP
Bahamas Constitution Party Meet & Greet - Eastern NP Region Constituencies
Bahamas Constitution Party Responds to U.S. Supreme Court Ruling on Same-Sex Marriages
& The Implications for the Bahamas
On this past Friday, the United States Supreme Court with a vote of 5-4 ruled in favour of
legalizing Same Sex Marriages in all fifty (50) states. The four Liberal Justices and one
Conservative Justice Anthony Kennedy, who spoke on behalf of the Court, handed down the
ruling on several cases requesting the court to honor their marriages. The majority of
judges ruled, terming marriage a "fundamental right" for same sex couples.
Following the Supreme Court Ruling, President Obama called the lead petitioner to
congratulation him, followed by a speech at the White House calling the Supreme Court ruling
‘ a victory for America.’
It is noted that the Obama Administration had argued on the side of Same Sex Marriage
proponents. This has made President Obama the first sitting U.S. President to come out in
support of Gay rights and Same Sex Marriages.
This would come as no surprise for the First black President , who signed into law in 2010 for
Gays to serve openly in the military; and in 2013, he supported the ruling by the high court to
make unconstitutional a 1996 law, making marriage between one man and one woman, for the
sake of federal benefits for Same-Sex couples.
In addition to President Obama, other high-ranking members of his Administration coming out
in favour of the Ruling on Friday were Vice-President Joe Biden, First Lady Michelle Obama, and
former Secretary of State and Democratic front-runner Hilary Clinton. By the end of the day on
Friday, in support of the celebration and in recognition of the victory, the White House was
light up with the Rainbow colours.
The dissent which came wide from Conservatives in the United States was led by U.S. Supreme
Court Justice John Roberts who said, that while proponents of Same Sex Marriages can
celebrate their victory and achievements, ‘it has nothing to do with the Constitution of the
United States.’
While the proponents and Justices cited the Fourteenth Amendment as the provision giving
them leeway for the Yes ruling; Justice Roberts said, that “ it is not the Court’s role to force
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States to change their Marriage Laws.” He noted that ‘five lawyers have closed the debate
and enacted their own vision of Marriage as a matter of Constitutional law’. He predicted that
while religious institutions can chose whether to marry same-sex couples, he foresee that there
will be future legal challenges and conflicts.
Another of the dissenting Conservative Supreme Court Justice Antonin Scalia also blasted the
decision calling the ruling, ‘A threat to American democracy.’ Other leading Conservatives
Governors and Presidential candidates denounced the ruling as ‘unconstitutional judicial
tyranny.’
What are the implication for the Bahamas and the world?
While twenty-one (21) countries have already legalized Same Sex Marriages, what makes the
threat of this law dangerous for Conservative countries and the Bahamas regarding a law
mandating the States to redefine their Marriage laws to suit the ruling?
Several weeks ago, Vice-President Joe Biden said in a speech that,
"Seeking to mobilize a global front against anti-gay violence and discrimination, protecting gay
rights is a defining mark of a civilized nation and must trump national cultures and social
traditions." He further argued that ‘Where countries fail to move towards protection of LGBT
people. There is a price to pay for being inhumane.”
Senator Ed Marckey, (D) of the U.S. Senate recently echoed the sentiment of Biden that,
"...the International Human Rights Defense Act” would demand that the State Department
“make preventing and responding to discrimination and violence against the LGBT community a
foreign policy priority and devise a global strategy to achieve those goals.”
It is clear from these two high ranking statements, that the Obama administration is prepared
to enact foreign policy laws that forces its views on the world regarding LGBT people.
If this does not convince you, following the Ruling on Friday, President Obama suggested that
‘ people must change their religious views to accommodate this view’; citing that there is a lot
of work to be done to encourage people to accept Same Sex Marriages.
While it appears that the Obama Administration is excited over this ruling, during the 2008
Presidential elections, the then Presidential candidate Obama said that he was not in favour of
same-sex Marriages; inciting a mass turnout of the black vote, including the Black Church in
America ( and black countries around the World) in support of the U.S. First Black President.
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What does this now mean for the Bahamas?
As you have observed, the Christie Administration is now in pursuit of similar amendments to
the Bahamian constitution to make legal loopholes for gender-mainstreaming, to give way to
the challenges to the law for the future legalization of Same Sex Marriages.
While the Christie Administration Constitutional Commission has vehemently denied that its
thrust is to ‘soften the law’ towards legalizing Same-Sex Marriages; the amendments to Article
26 (3) & (5) to add the word ‘Sex’ to the clause, would open the Article 26 to wider
interpretation.
While some has argued that Article 26 (4)(c), is a Saving Clause, the argument in the Bahamian
Parliament by Attorney Greg Moss and Dr. Andre Rollins regarding this; and the matter of
challenges to the law from jurisdictions other than ours also concerns me. If this door is left
ajar, regarding the proposed amendment to Article 26 of the Bahamian Constitution; it leave
room for Judicial Activism on the bench, to follow established precedence from other
jurisdictions, as we saw in Friday’s U.S. Supreme Court Ruling.
In 1998, during the Gay ships protests, this Article 26 was raised by the FNM Ingraham
Administration; as the justification to give LGBT people rights to visit the Bahamas, and behave
in the corresponding manner. So fast-track 18 years later, the Christie Administration is now
raising the same concerns.
The Christie administration must be clear and honest with the Bahamian people regarding its
direct motives concerning the amendments to Article 26; and say, that it is their intention to
comply with outside organizations for mainstreaming on Gender issues; and that it is their
intention to make room for Same-Sex marriages in this jurisdiction in the future.
This Christie administration must not be duplicitous, because it is the right of the electorate to
vote on honesty not deceit.
What does the leadership of the Bahamas Constitution Party has to say regarding these
issues?
First, It is the Commitment of the Bahamas Constitution Party to protect the rights of all
Bahamians; whether they be Man, Woman and Child, as stated in the Preamble Promise
regarding Chapter Three of the Bahamian Constitution, the Fundamental rights and Freedoms
of the Individual.
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Preamble Promise
The Preamble of the Constitution indicates that the very preservation of our freedom as a
nation is guaranteed by a national commitment to the Core Values of ‘Self-Discipline, Industry,
Loyalty, Unity, an abiding respect for Christian Values and the Rule of Law’. The reference to
‘an abiding respect for’ shows the grave responsibility and obligation of ‘the government of the
day’ to the execution of their duties on behalf of the Bahamian people, using the Core Values
established here, as substantive criteria for governance in the nation.
This Preamble guarantees, that the people should be able to expect that the government
would,
A) Recognize the Supremacy of God in their operations,
B) Believe in the Fundamental rights and freedoms of the individual citizen,
C) Commit to govern by the CORE VALUES as a national imperative,
D) The Protection of the people from ENSLAVEMENT, EXPLOITATION,
FRUSTRATION & DEPRIVATION.
E)
Protect the Sovereignty of the Bahamian State.
However, despite the protection promised, successive governments have failed to protect
Bahamian people. The breach of this Preamble places every other article in this Constitution,
and every other law in jeopardy; as the very concept of the Rule of Law has been placed aside
as irrelevant, and non-binding by successive governments.
When the Founding fathers committed in the Preamble to Chapter Three of the Constitution, it
guaranteed the citizens of the nation some basic Fundamental Rights & Freedoms placed forth
by international standards but also common decency and biblical and spiritual values.
This commitment to Biblical morality, mandates the government, to ‘protect and empower’ the
individual members of society; not beat them down with the almighty power of the State. This
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action of government officials alone, show their disrespect for human dignity and the power of
individual members of the state.
Chapter Three of Constitution - Fundamental Rights & Freedoms of Individuals
As I have always indicated, the primary foundation and tenets of governance in the Bahamas
should be the Preamble of the Bahamian Constitution. The Preamble is also in support of
Article 15 in the Bahamian Constitution which states the following:“Whereas every person in the Bahamas is entitled to the fundamental rights and freedoms of
the individual, that is to say, has the right, whatever his race, place of origin, political opinion,
colour, creed or sex, but subject to the rights and freedoms of others and for the public interest,
to each and all of the following, namely:a) Life, liberty, security of the person and the protection of the law:
b) Freedom of conscience, of expression and of assembly and association; and
c) Protection for the privacy of his home and other property, and from deprivation of
property without compensation,
The subsequent provisions of this chapter shall have effect for the purpose of affording
protection to the aforesaid rights and freedoms subject to such limitations of the protection as
are contained in those provisions, being limitations, designed to ensure that the enjoyment of
the said rights and freedoms by any individual, does not prejudice the rights and freedoms of
others or the public interest. (Chapter 3, Article 15, subsection (a, b, c)
While those categories are general for the sake of Article 15, other articles entails:Article 16 – Protection of the Right to life;
Article 17 – Protection from Inhumane Treatment (torture);
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Article 18 –Protection from Slavery and Forced labour;
Article 19 – Protection from Arbitrary Arrest or Detention;
Article 20 – Provision to Secure the protection of the law (a fair trail and adequate defence;
Article 21 – Protection of Privacy of home and other property;
Article 22 – Protection of Freedom of Conscience (Religious beliefs);
Article 23 – Protection of Freedom of Expression (speech & published opinions);
Article 24 –Freedom of Assembly and Association (free to join unions and other groups);
Article 25 – Protection of Freedom of Movement;
Article 26 – Protection from Discrimination on the grounds of race, etc ( on aforementioned
grounds in article 15);
Article 27 – Protection from Deprivation of Property (by the government without
compensation);
Article 28 – The Right to the Enforcement of fundamental Rights;
Article 29 –Provision for the Time of War or Emergency.
The purpose of delineating the terms and parameters of rights and freedoms are necessary to
cause people to understand the boundaries and limitations of the ‘protection’ of the law.
The law is never without limitations. The law always have limited and conditional protections.
The law is designed to provide for the protection of everyone’s individual rights. However, the
law does not carry its protection of one individual, to the prejudice of another individual. The
law is meant to give each individual in the society or the public interest equal protection and
equal access under the law.
The Bahamas Constitution Party believes that Fundamental Rights and Human rights are all
Moral rights deserving of all Bahamians, whether they are homosexuals or heterosexuals.
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However, we believe the additional privileges and rights requested by the Lesbian, Gays, Bisexual and Transgender community, above the established Fundamental rights are Immoral
rights.
To seek to have additional constitutional right to protect persons simply because of their Sexual
behavior and Sexual orientation towards the same sex, such as the right to marry, and adopts
children as Heterosexual couples, will eventually tramples on other people’s fundamental
rights, primarily the First Amendments rights in the United States Constitution; and Article 22
of the Bahamian Constitution, regarding the right to conscience and free speech.
Additionally, the legalization of Same Sex marriages will convene a barrage of infringements on
religious and conservative organizations, that will date back as far as the 1st Century, when the
Romans attempt to Romanize the world.
The Supreme Court ruling on Friday claims, that it will modernize the society; and that the
nation’s thinking must come in line with this modernization. Implications for the U.S. includes:1. Possible removal of tax exempt status for religious and church organization who does
not embrace Same Sex policies;
2. Possibly, the loss of business for persons who do not embrace Same Sex policies. (We
have seen this happen when a business did not wish to bake a cake for a Same Sex
couple.)
3. How far will this policy go? Close down churches, and businesses? Or will people lose
their lives because they do not comply?
One Conservative writer Allen West indicated that ‘the Ruling marks an end to Federalism in
the U.S., and nullifies the 1st Amendment.’ The writer further insinuated that the Ruling raises
issues that will Assault the Christian Church. He projects that the Christian Church a much
larger and more powerful force than any government will galvanize and push back over these
issues, and galvanize in support of traditional marriage.
I agree with the writer further suggestion, that the ‘Surrender of one’s faith principle for
political gain is not a viable option’, and that this decision ‘is about an individual religious
freedom, and the State’s right to go against that Freedom of Conscience’. The Church will not
Retreat, but will stand fast on these issues’.
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Further Implications
The future implications on the shores of the Bahamas, just 50 miles east of the United States
are indeed staggering. The implication is strong for both the institutions of the government
and the Church. It is said that when America sneezes, the Bahamas catches a cold. However,
this will not be so under a Bahamas Constitution Party administration.
BCP Official Stance
Therefore, the citizens of the Commonwealth of The Bahamas can expect from a BCP
government the following:1. A BCP government will not sanction any infringement on the Sovereignty of the
Commonwealth of the Bahamas with this matter regarding Same-Sex Marriages.
2. The BCP will not Legislate Immorality in legalizing Same Sex Marriages. The BCP will not
sanction the wishes and advocacy of the minority, over the wishes of the majority of law
abiding decent citizens of the Commonwealth of the Bahamas.
3. The BCP government will protect the rights of all its citizens, in addition to the
marginalized minority in every strata of this society, including the Christian Church right
of Conscience based on Chapter Three of the Bahamian constitution.
4. A BCP government will not allow the Fundamental rights of any of its citizens to be
trampled upon by any other citizen or visitor; and will allow for the Freedom of
Expression, Conscience and Religion, to remain the right of all who live and work on our
shores.
5. A caring BCP government will remove where applicable and practical, all discrimination
in the law, so that every woman and man have equals access to the law regarding a
right to work a job qualified for, and Equal pay for Equal work, including persons in the
LGBT community. However, if persons or religious organizations object on grounds of
conscience towards employment of LGBT persons, their own rights will not be denied.
a) Conversely, as a matter of the Public Service employment, persons shall also have
access to petition or appeal for these rights, if infringed by both public companies
and public academic institutions.
b) Therefore, persons will not be permitted to be fired simply for being gay; however,
persons can be dismissed for behavior inappropriate and offensive, and for lewd or
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lascivious conduct not becoming a Public Officer, or behaviour not conducive to the
overall Public’s morality.)
c) Consequently, the public flaunting of a homosexual lifestyle in a lewd and lascivious
manner in the workplace shall not be deemed acceptable. While an individual is
guaranteed the right of privacy in his or her home, (according to Article 21); no
person has the express privilege to infringe on the ‘Public morality’.
6. We further believe that it is the right of the State to ‘Protect the Public’s Morality’.
Therefore, no persons or couples whether (heterosexual or Homosexual) should be
allowed to perform in such lewd acts and behavior in public, to the deterioration of the
public’s expectation of appropriate and acceptable behaviour.
7. A diligent BCP government will remain committed and vigilant regarding all laws in the
protection of children; and shall pursue both homosexuals and heterosexuals who
sexually abuse or make inappropriate sexual advances at children, including pedophiles
and incestuous relationships. It is also our commitment, that any advances of
Homosexuals towards children & Youth in recruitment of them, will be frowned upon by
the law under a BCP government.
8. A conscientious BCP government is also committed to raising the age of consent for
children and youth to engage in consensual sex to age 18 years, making it mandatory for
police to arrest persons molesting and impregnating underage children. We will hold
parents accountable who knowingly allow and consent for sexual abuse, and the sale of
their children’s sexuality and purity for money and resources.
9. A BCP government is in support of the clause in Article 26 (4) (c) to give the State the
discretion relating to sacred matters contained in the clause regarding Adoption,
Marriage, Divorce, Burial, etc. The State must have the discretion to protect the
sanctity of itself, and its future from ‘self-destruction’. Therefore, we will not sanction
the adoption of children by Same-Sex Couples, Bahamian or foreign.
In conclusion,
The earlier indication by Vice-President of the United States, and the Democratic Senator about
U.S. Foreign policy that will affect the Bahamas, regarding ‘Violence and Discrimination against,
and the Protection of LGBT People, I wish to state the following:Firstly, I wish to indicate that there is a difference between allowing Violence and
Discrimination against LGBT people, versus the Protection of LGBT people.
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Secondly, any U.S. Foreign Policy agenda issued against countries, such as the Bahamas who fail
to embrace, and enact laws to come in alignment with U.S. policies on Same Sex policies is in
poor taste. If the policy seek to penalize our nation for doing our Christian duty and observing
our Christian conscience regarding this matter of Gay rights and Same Sex Marriages, will in fact
be Discrimination itself, in the widest sense.
Thirdly, the suggestion by President Obama that ‘people should consider changing their
religious views to accommodate this thinking’ is a further violation of the Freedom of
Conscience on which the United States of America was originally founded on.
Under a Bahamas Constitution Party government, we will in no way allow the laws, or the
environment in the country to be such, that gives its citizens permission to abuse, discriminate
or annihilate LGBT people. However, the laws will not go any further to protect LGBT people,
beyond the rights already guaranteed as Fundamental Rights and Freedoms heralded in the
Chapter three of the Bahamian Constitution. Our government will not seek to create that level
of antagonism in the nation.
So emphatically, we wish to conclude, that it will be within our sovereign right as a nation,
according to Article 52 of the Bahamian Constitution, upon our arrival in the Parliament of the
Bahamas, to seek to enact ‘Laws for the Peace , Order and good governance of the
Commonwealth of the Bahamas’. Therefore, with distinct steadfastness, a BCP government
will not allow any other Authority, to deter our administration from complying with Article 52
of the Constitution of the Bahamas.
However, it is the utmost intent of a BCP government, with resoluteness and careful diplomacy,
to continue the long-standing relationship, and friendship, with our neighbours, the
Government and People of the United States of America, as much as it is practicable to do so.
Thank you for your time and attention. Question and Answers.
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