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NO SAME SEX UNIONS…Antiguan Government takes firm stance on homosexuality

Date Posted: April 09, 2008.

Antigua's Attorney-General Justin Simon has declared, according to the Antigua sun,  that "the government has no intention of changing legislation that criminalises homosexual acts."

The declaration reportedly came in the island's Parliament in response to a suggestion on radio to the contrary. The attorney-general apparently "took issue with the suggestion that the current administration condones and intends to legalise homosexual behaviour, saying that this has led to heightened public concern, particularly from those who believe that the issue is part of the UPP’s legislative agenda."

An extract from the Sun's Report written by by Patricia Campbell is below:

Simon indicated that he could no longer ignore such statements by individuals seeking to create “unnecessary public hysteria,” and had to set the record straight in the light of increasing feedback to his office from concerned people.

He noted that what he termed “the unnatural offences of sodomy and bestiality” had been included as criminal acts in the law since 1873 and pointed out that the penalties for these offences include prison sentences. He stated definitively that, “this administration has made no changes to that piece of legislation.”

The attorney-general also noted that he has been accused of instituting a law benefiting same sex unions and addressed the legislation in question – the Integrity in Public Life Act of 2004.

This legislation, among other things, requires people holding certain positions in public life to make declarations of their financial affairs, along with the assets of their spouses and minor children, to the Integrity Commission.

Section two of the Act defines the spouse as, “the person to whom the person in public life is married or who is living with that person in the circumstances of husband and wife for a period of three years.” Part three of the Act is, however, controversial because it extends the reference to a spouse to include two single people who are not blood relations, but who have lived together for five years or more. The Act imposes the spousal requirements on the person who lives with the “person in public life”, regardless of gender or the nature of their relationship.

The attorney-general contended that this section in the Act is intended to address ways that a person in public life might conceal assets by vesting those assets in people who are not blood relations and maintained that the “spouse” in this instance is “a legal fiction.”

He indicated that the inclusion of such a person on the spousal requirement was not a potential recognition of a same sex spouse, since it is merely intended to ensure that all fall within the ambit of the legislation and the Act specifically states that “it is for that purpose and that purpose only.”

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