Pope Francis urges Catholic bishops to overturn homosexual laws

By Talaia Mika 07 February 2023, 4:00AM

Pope Francis has done it again, making a strong statement in support of same-sex relationships and marriages whilst calling on all Catholic bishops to work on overturning laws around the world criminalizing homosexuality.

In a wide-ranging interview with Nicole Winfield of The Associated Press, who asked about the Church view of the more than 50 nations, mostly in Africa and the Middle East, that outlaw same-sex relations, the Pope said these laws which inspire harassment towards the lesbian, gay, bisexual, transgender, and questioning (LGBTQ) community are "unjust".

"Being homosexual is not a crime. It's a human condition. We are all children of God and God loves us as we are," Pope said in his native Spanish language.

Francis said of bishops who might support anti-gay laws, "These bishops have to have a process of conversion."

On Sunday, another overseas reporter asked the Pope abroad a plane on the same topic and he said  laws criminalising LGBT people are a sin and an injustice because God loves and accompanies people with same-sex attraction. 

"This is not right. Persons with homosexual tendencies are children of God. God loves them. God accompanies them ... condemning a person like this is a sin. Criminalising people with homosexual tendencies is an injustice," Francis said.

Sixty-six U.N. member states continue to criminalise consensual same-sex sexual relations, according to data from ILGA World – the International Lesbian, Gay, Bisexual, Trans and Intersex Association. In several countries where same-sex relations are illegal, punishments can include a possible death penalty.

The pope said he wants a church that treats all with tenderness and equality.

It is not Pope Francis’ first comments calling for more inclusivity of the L.G.B.T.Q.I. community. 

In 2020, Francis also made a statement on Homosexuality calling for a law to recognise civil unions. 

He also advocated for same-sex civil unions when he was Archbishop of Buenos Aires.

Attempts to seek comments from Archbishop Alapati Lui Mataeliga on the issue were unsuccessful.

Meanwhile, the Crimes Act 2013 (Samoan: Tulafono o Solitulafono 2013) Sections 67, 68, and 71, criminalize same-sex sexual acts which took effect on 1 May 2013. The law also prohibits heterosexual anal intercourse and oral sex.

Section 67. Sodomy

A person who commits sodomy is liable:

in any other case, to imprisonment for a term not exceeding five (5) years.

Sodomy is complete upon penetration.

It is no defense to a charge under this section that the other party consented.

Section 68. Attempts to commit sodomy A person is liable to imprisonment for a term not exceeding five (5) years who:

attempts to commit sodomy; or

assaults any person with intent to commit sodomy.

Section 71. Keeping place of resort for homosexual acts

A person is liable to imprisonment for a term not exceeding seven (7) years who:

keeps or manages, or knowingly acts or assists in the management of, any premises used as a place of resort for the commission of indecent acts between males; or

being the tenant, lessee or occupier of any premises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or

being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part of the premises with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males, or that some part of the premises is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of the indecent acts.

"Sodomy" was defined in the 2007 case of Police v Poi as meaning penetration of the male or female victim's anus by the offender's penis.

In June 2010, the Samoa Law Reform Commission, in its report to the Prime Minister, recommended "repealing all criminal penalties attached to the criminal offence of sodomy and related acts conducted in private between consenting adult males." The Commission noted that legalization received support in the majority of public submissions.

Sections 58D, 58E, 58G, and 58J of the Crimes Ordinance 1961 (now repealed) criminalized same-sex sexual acts. In 2011, it was reported that Samoa would decriminalize same-sex sexual acts between consenting adults under a new Criminal Code recommended by the Samoa Law Reform Commission. The Government, however, rejected the Commission's recommendation.

During the former government administration's reign, former Prime Minister who is now leader of the Human Rights Protection Party, Tuilaepa Sailele Malielegaoi scoffed at the idea of gay marriage in Samoa.

In December 2017, he described same-sex marriage as an "abomination" and a "Sodom and Gomorrah practice" and that "there is no true Christian country in the world which would allow it and it would not be allowed in Samoa as long as it remained a Christian country.

By Talaia Mika 07 February 2023, 4:00AM
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