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Opinions of Thursday, 29 July 2021

Columnist: Francis Doeglah

In opposition to the criminalization of the LGBT+ Act

The flag of the LGBT+ community The flag of the LGBT+ community

There exist a growing concern of injustice done to LGBT+ community over the years globally.

However, there is a new trend which is gaining recognition of the fact that criminalization of acts of homosexuals is in itself a crime on members of the homosexual community which seem to be the minority in the world, the more reason why their acts should not be criminalized in a democratic free society.

The question is, since it’s obvious and widely recognized that homosexuality and other related acts just as pre-marital sex and adultery are in the same boat of immoral acts why criminalize one and say nothing about the rest? Is it because the majority may be all guilty of the rest or we feel society should not heal itself of such vices?

I am no way saying that immoral acts are good and criminal law should not enforce a moral code. In my opinion, a moral legislation should aim at preventing harm to others. With the view of preventing harm to others many immoral acts are fit to be offenses under the criminal code; such as stealing, destruction of property, rape, assault e.t.c but it must be noted that LGBT+ acts definitely do not fit into this category, but rather in the category of adultery and premarital sex.

Law requires a certain minimum of regularity, certainty and fairness. A law that singles out and criminalizes LGBT+ acts without making fornication and adultery crimes is an act of tyranny by the majority on the minority.

Admittedly there is a natural order that guides our lives as a society. It is the natural order to pass food through the mouth but if one cannot eat through the mouth should that mean they shouldn’t eat? Obviously, the food is passed through other organs. Sex is a basic and an essential ingredient of life and individual adults (whether amongst all men, all women or between a man and a woman) behind closed doors with consent in a manner that does not corrupt society or injurious to any of the actors should not be tagged as a criminal act.

The function of the criminal law is to preserve public order and decency, to protect the citizen from what is injurious, and to provide sufficient safeguards against exploitation and corruption of others, particularly those who are especially vulnerable, it is not the function of the law to intervene in the private lives of citizens which is not against the function of criminal law.

There must remain a realm of private morality and immorality which is…not the law’s business. Society is being formed on the basis of majority determining the moral issue of the day, but let’s not be oblivious of the fact that as the majority decides what is right and wrong, the rights of the minority must also be respected.

Marriage of same-sex is not legal, that's fine, whether their act is a crime or not, often a 1960 unnatural canal knowledge at section 104 of the criminal and other offenses Act has often been quoted, that’s fine, but to have a whole law to criminalize such LGBT+ act and an associated jail sentence is pure hate.

The prison which is well known as a place most likely to influence those who wouldn’t have indulged in such acts to do the same, this Anti LGBT+ Bill will now be open to accommodate those who would love to have it both in prison and out of prison. You can just imagine the rest of the story.

Students are bathing in amass in our secondary schools, there are obviously no facilities for conjugal rights in our prisons etc. let's focus our energies in efforts to save those who could be influenced because of economic reasons by creating more jobs.

It’s about our culture they say, the question is what is the culture of Ghana? Anyway, the plane to Washington is waiting to pick the acclaimed lovers of culture who mostly on an annual basis stake America Visa Lottery just to be citizens, or those praying for American Visa miracles in church..., I rest.