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Written by Chad W. Thompson, author of Loving Homosexuals as Jesus Would A draft of an Anti-Homosexuality Bill introduced by Ndorwa West MP, David Bahati on October 14, would punish those engaging in homosexuality by life in prison or, under certain circumstances, be put to death. Religious leaders in Uganda have recently spoken out against the part of the proposed law that prescribes death to homosexuals, and there is a chance that it may be removed. Yet these same religious leaders are fine with jailing someone for life who engages in a homosexual act. According to the draft, if a person is found to have committed a homosexual act they will suffer life in prison. If a person commits what this bill refers to as “Aggravated homosexuality” they will be sentenced to death. Aggravated Homosexuality is defined as gay sex engaged in by someone who is HIV positive; who has relations with someone under the age of 18; who has relations with someone who is their son/daughter or is under their authority in any way; or has relations with someone who is disabled in any way. There is more to it than this, I suggest you read the bill for all the details. Historically I have been very critical of Christian groups who are involved in American politics, though my criticism has been widely mis-understood. I am not against Christian involvement in politics altogether, I am against organizational structures that mix politics with ministry. This creates a dualism that confuses people; many gay and lesbian people find it impossible to believe they are loved by someone who they perceive to be on the wrong side of their battle for civil rights. I am also against Christians getting involved in politics and acting in a way that is mean-spirited toward individuals on opposing sides of their political views. I have said many times that I believe politics is a legitimate calling for Christians to be engaged in, but it takes a certain level of spiritual maturity for a person to be able to engage in discussions on very deeply felt issues without viewing their opponents as their enemies. The person who is called to political involvement is a person who can show the love and mercy of Christ even in an environment that is politically charged with hostility to their Christian ideals. This is crucial because if we succeed in politically defeating homosexuals but in the process we alienate them from God’s love, then we have won the battle but lost the war! I bring all this up because, in this case, I am actually calling on all Christians to take a political stand against Bahati's anti-homosexuality bill. I would like to see Christian ministry leaders in America, and especially leaders of post/ex gay ministries, speak out against Bahati's bill. I have seen the most politically active Christian groups in the United States go absolutely bonkers when legislation is proposed that would be detrimental to our rights as Christians in a post-Christian society. Now, I would like to see these same Christians be just as passionate about a bill that would be detrimental to the rights of gays and lesbians in Uganda. As I have said time and time again, you don't have to agree with homosexuality in order to be against the mistreatment of gay and lesbian people! If passed this law would not only further criminalize gay and lesbian people in Uganda, but would also criminalize Christians who fail to report anyone who has engaged in homosexual sex to Ugandan authorities for prosecution. This could create a very hostile environment for those wishing to minister the love and mercy of Jesus Christ to the gay and lesbian population of Uganda. If we want to love homosexuals as Jesus would we have to speak up about this potential human rights violation. Here is a more detailed summary of what's happening in Uganda at the present time: Homosexuality is already a crime in Uganda, but the Minister of Ethics and Integrity, Dr. James Nsaba Buturo has been complaining that the law is inadequate to curb homosexuality that is reported to be on the increase in Uganda. So he wishes to make the punishment even more extreme. How so? 1-Prosecution based on association Dr. Nsaba doesn't like that current law allows those who are associated with someone who is gay to be encouraging their crime by keeping their mouths shut. The current draft of this law would punish anyone who is “in authority” that knows anyone who is involved in homosexuality and doesn't report them to officials. Here is the section, taken right out of the bill, as it relates to this: From the bill: A person in authority, who being aware of the commission of any offence under this Act, omits to report the offence to the relevant authorities within twenty-four hours of having first had that knowledge, commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding three years. (emphasis mine) A person “in authority” is defined very broadly in the bill: “authority” means having power and control over other people because of your knowledge and official position; and shall include a person who exercises religious. political, economic or social authority; My friend Warren Throckmorton, on his blog, wrote this: The phrase “person in authority” most certainly would include a pastor, missionary, teacher, a parent or even a friend, if the friend was in a position of authority. This sounds like the definition of a mandated reporter of child abuse in the US. One can imagine the witch hunts that would occur under this bill. Family members would be under pressure to report their loved ones. Missionaries would face expulsion from the country. AIDS workers would be in conflict between ethics and the law. The work of the President’s Emergency Plan for AIDS Relief (PEPFAR) would be significantly hindered by this requirement. Imagine the ramifications of this proposed law for the young Ugandan struggling with homosexuality? If he/she shares with a pastor that they have had gay sex, the pastor he confides in would be required to turn him into Ugandan authorities. If the pastor doesn't turn him or her into the authorities then the pastor will be subject to up to three years in prison. If they do turn-in the individual who confided in them then that individual will be subject to life in prison or death. This could really complicate any efforts to minister to gays and to those struggling with sexual identity issues in the Country of Uganda. It would create an enormous amount of fear that would make it even harder than it already is for Ugandans struggling with their sexuality to come forward and get help. 2-Prosecution based on perception Dr. Nsaba doesn't like current law, which forces the government to prove that an individual is gay before applying punishment. For this reason he is seeking to loosen the terms under which prosecution can take place. This is scary! This will open up the possibility that individuals could be imprisoned for up to seven years simply because someone thought they were gay! From the bill: A person who attempts to commit the offence of homosexuality commits a felony and is liable on conviction to imprisonment seven years. There is a section in the bill that defines committing a homosexual act like this “he or she touches another person with the intention of committing the act of homosexuality.” This leaves room for misunderstanding. What if someone believes they are being “hit on” by someone of the same gender even though they aren't? 3-Prosecution based on belief The bill defines itself as “An Act to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” So what, exactly, does the underlined part refer to? The proposed law seeks to criminalize those who promote homosexuality, including publishing information or providing funds, premises for any activities by gays or giving them any other resources. This means that, even someone who is not gay, yet promotes the idea that “gay” should be considered a legitimate identity or that homosexuals should be treated with dignity (if this was considered by Ugandan authorities to be promoting gay sex) could be prosecuted. The punishment for such a crime is seven years in prison. Even more fundamental reasons that this legislation is wrong have been surfaced by a statement issued by the Civil Society Coalition on Human Rights and Constitutional Law, and by an editorial written by Warren Throckmorton. So what can we do? 1-Join the Facebook group “Speak out against Uganda's Anti-Homosexuality Bill 2009”. Encourage your friends to join as well. 2-Contact the various stakeholders involved with this issue to express your views. 3-More action steps coming soon so stay tuned! This isn't over yet! Important Note: There have been attempts to link Rick Warren and Saddleback Church to this horrific bill because one of the bill's supporters, Martin Ssempa, has spoken at their church conferences in the past. I have spoken personally with Kay Warren and can assure you that Rick and Kay Warren are not currently tied to Martin Ssempa in any way whatsoever. |