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Intimate Conviction INTIMATE CONVICTION EXAMINING THE CHURCH AND ANTI-SODOMY LAWS ACROSS THE COMMONWEALTH CANADIAN HIV/AIDS LEGAL NETWORK CANADIAN HIV/AIDS LEGAL NETWORK INTIMATE CONVICTION EXAMINING THE CHURCH AND ANTI-SODOMY LAWS ACROSS THE COMMONWEALTH CANADIAN HIV/AIDS LEGAL NETWORK The information contained in this publication is information about the law, but it is not legal advice. For legal advice, please contact a lawyer. Funding for this publication and for the Intimate Conviction conference was provided by Trinity Church Wall Street and other donors. The opinions expressed in this publication are those of the authors and do not necessarily reflect the official views of any religious denomination referenced. © Canadian HIV/AIDS Legal Network 2018 About the Canadian HIV/AIDS Legal Network The Canadian HIV/AIDS Legal Network (www.aidslaw.ca) promotes the human rights of people living with, at risk of or affected by HIV or AIDS, in Canada and internationally, through research and analysis, litigation and other advocacy, public education and community mobilization. Acknowledgements We gratefully acknowledge Trinity Church Wall Street and the E. Rhodes and Leona B. Carpenter Foundation for supporting this edited volume of presentations from the Intimate Conviction Conference. We also acknowledge Anglicans for Decriminalization; The Anglican Military Ordinariate of Canada; the Canadian HIV/AIDS Legal Network; the Government of Canada; Quality of Citizenship Jamaica; Round Hill Hotel and Villas; St. Matthias, Bellwoods (Toronto); and Trinity Church Wall Street for their generosity and leadership in supporting the Intimate Conviction Conference. In addition to all the Conference speakers, we wish to thank the following people and organizations for their contributions to the conference and/or edited volume: The Anglican Church of Canada, Carol Narcisse, Colin Stewart and 76 Crimes, Daniele Bourgeois, Doriana Schiavi, Episcopal Diocese of Massachusetts, Janet Butler-McPhee, Jim Hodgson, Joshua Terry, Lloyd Daguilar, Mark and Lindsay Karabanow, Maurice Tomlinson, Megan Long, Philip Wong, Richard Elliott, Sandra Ka Hon Chu, Very Rev. Fr. Sean Major-Campbell, Terry Gould, Yolanda Paul, The United Church of Canada, and The University of the West Indies Regional Headquarters. Table of Contents 8 Introduction—Maurice Tomlinson and Very Rev. Fr. Sean Major-Campbell 9 Keynote Address—Most Rev. Dr. John Holder (Anglican Communion) 28 Special Address—Justin Pettit (Commonwealth Secretariat) 31 Special Address—Lord Anthony Gifford, Q.C. 35 Foreword—The Hon. Michael Kirby, AC CMG Section 1: The Anglican Church and Decriminalization 39 Decriminalization in the United States of America and LGBTQI Equality in The Episcopal Church Rev. Winnie Varghese (The Episcopal Church) 44 Mixed Forces for the 1969 Canadian Decriminalization of Homosexuality Rt. Rev. Dr. Terry M. Brown (The Anglican Church of Canada) 49 The Anglican Church Since Decriminalization Rt. Rev. Kevin Robertson (The Anglican Church of Canada) 53 Military Chaplaincy in the Canadian Armed Forces Capt. Rev. Tom Decker (Anglican Military Ordinariate, Canada) 64 A Church of England Take on Buggery Law Rt. Rev. Dr. Alan Wilson (Church of England) 71 Awakening to Freedom: A Global South Perspective Very Rev. Michael Weeder (Anglican Church of Southern Africa) 75 Building an Ecumenical Dialogue for Decriminalization Rev. Colin Coward (Church of England) Section 2: Other Churches and Decriminalization 81 Wouldn’t It Be Nice To Take My Whole Queer Body to Church? Rev. Basil Coward (The United Church of Canada) 85 Building Bridges: The Roman Catholic Church and the LGBT Community Francis DeBernardo (New Ways Ministry) 89 Where Politics and Religion Intersect Rev. Dr. Cheri DiNovo (The United Church of Canada) 93 We Who Believe in Freedom Rev. Dr. Robert Griffin (Metropolitan Community Church) 96 Adventism and Decriminalization: Notes from the Global North Dr. Keisha McKenzie (Seventh-day Adventist) 103 Approaches to Decriminalization in Scotland, England, and Wales Dr. Matthew Waites (University of Glasgow) 111 Ecumenical and Interfaith Engagement with Sodomy Laws in India Rev. Dr. George Zachariah (Mar Thoma Church) Section 3: Gender, HIV, and the Church 119 Same-Gender Loving Women and the Church Cynthia Ci (House of Rainbow) 122 Decriminalizing Lesbianism: A British Perspective Philippa Drew (Kaleidoscope Trust) 126 Healing Our Image of God Rev. Canon Rosie Harper (Church of England) 129 A Jamaican Perspective Angeline Jackson (Communities of Restoration) 132 Adventism, AIDS, and Decriminalization Dr. Keisha McKenzie (Seventh-day Adventist) Section 4: Afterwords 141 Pan Caribbean Partnership Against HIV and AIDS 143 David Walker, Bishop of Manchester 146 Elizabeth Barker, Baroness Barker Introduction In October 2017, the Canadian HIV/AIDS Legal Network and Anglicans for Decriminalization collaborated with local and international partners to host a two-day summit called “Intimate Conviction.” This summit was the first-ever discussion of the role (past, present, and future) of the church in the decriminalization of sodomy. It was held because, although there have been rapid advances for LGBT rights in some countries, there are still more than 70 that criminalize private consensual same-sex activity—and more than half of those are in the Commonwealth of Nations and nine in the Caribbean. The anti-sodomy laws were mostly imposed during the period of British colonial rule and despite decades of independence the statutes have been difficult to dislodge. The British anti-sodomy law reflected Victorian morality, which was based on narrow Church of England (Anglican) theology. While the Church of England played a significant role in decriminalization in the U.K., a similar process has not occurred in the Commonwealth. During the conference, more than 30 Christian leaders, including many senior clergy and academics, from former British colonies met in Jamaica. The event was organized as a dialogue with presentations on such topics as the distinction between global north and global south churches regarding decriminalization, the role of criminalization on the church’s response to HIV, and the impact of criminalization on women, followed by moderated question and answer periods. The sessions were all open to the public and although some local conservative church pastors called for a boycott, there were many significant interventions by Christians opposed to decriminalization. Significant media coverage ensured that the dialogue extended well beyond the conference hall and into the living rooms of ordinary Jamaicans. This edited volume of some of the conference presentations aims to continue the dialogue with Christians across the Commonwealth on this very sensitive topic. We hope that readers will find inspiration and information here to help continue the fight for decriminalization and equality in all contexts. In solidarity, Maurice Tomlinson, Senior Policy Analyst with the Canadian HIV/AIDS Legal Network Very Rev. Fr. Sean Major-Campbell Conference co-hosts 8 Keynote Address: Examining the Church and Anti-Sodomy Laws across the Commonwealth Most Rev. Dr. John Holder, Bishop of Barbados, Archbishop of the West Indies For better or for worse, human sexuality is a topic that never moves from centre stage in our lives. We may want to ignore its presence, but it is there and envelops our lives in several ways. A good supportive marriage and family life that take us to the very core of the human sexuality issue can create for us positive feelings towards sexuality. We are confronted by it in a negative way in the practices of prostitution, child sexual abuse, rape, pornography, etc. Traditionally, another expression of sexuality is often cast among the negative ones. This is homosexuality. Homosexuality is as ancient as it is transnational, transracial, and transcul- tural. Numerous studies have been done on this expression of human sexuality throughout history. These studies indicate that it was present in ancient Africa, as it was in Europe, Asia, and the Americas. It is in ancient Egypt that scholars have detected what appears to be a same-sex male couple, probably living together living around 2400 BCE. These were Khnumhotep and Niankhkhnum. They were Ancient Egyp- tian royal servants. They shared the title of Overseer of the Manicurists in the Palace of King Nyuserre Ini, sixth pharaoh of the Fifth Dynasty, and they were buried together at Saqqara and are listed as “royal confidants” in their joint tomb. (Wikipedia) The pair is portrayed in a painting in a “nose-kissing position” that has been described as the “most intimate pose in Egyptian art.” Despite the evidence of its presence in antiquity, and its prevalence, homosexuality ends up in the negative category of sexual expressions for a number of reasons. Given the fact that historically procreation has been the primary focus of the sexual act—and is the expression of sexuality that religion links to the divine intention—a sexual practice like homosexuality that biologically precludes procreation hasn’t been easily accepted by many people and institutions throughout history. These acceptance difficulties are manifested not only in religion and in a broad band of social mores, but also in law. Seventy-six countries are known to still have anti-sodomy laws that make homosexual practice a crime punishable by imprisonment. Ten countries in the Caribbean with varying penalties for homosexual prac- tice are among the 76. These are: Antigua and Barbuda (15 years);
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