Uganda’s Anti-Homosexuality Bill: Is CNSNews trying to change the subject?

This morning the conservative CNSNews reported on Tom Lantos Human Rights Committee Hearing on Uganda’s Anti-Homosexuality Bill. As I read the piece, I wondered if the reporter was trying to change the subject of the bill. The article seems quite focused on the following section of the Anti-Homosexuality bill pertaining to HIV positive persons:

3. Aggravated homosexuality.

(1) A person commits the offense of aggravated homosexuality where the

(b) offender is a person living with HIV

Offender is not defined in the bill but homosexuality is defined quite broadly and includes touching someone of the same-sex in a sexual manner. Touching is defined as

“touching” includes touching—

(a) with any part of the body;

(b) with anything else;

(c) through anything; and in particular includes touching amounting to penetration of any sexual organ. anus or mouth.

Touching in this manner can get you life in prison. If an HIV positive person touches in this manner, the action is considered “aggravated homosexuality” with death the penalty.

The CNSNews report makes a point to ask those at the Human Rights Committee hearing what they believe should happen with HIV persons who engage in homosexual sex. Here is the specific question:

CNSNews.com:  “It was mentioned today that the death penalty and long prison terms or life imprisonment are absolutely unacceptable and terrible for people who engage in homosexual acts.  And I was wondering if I could get your opinion on something.  Like, what would you—what do you think would be the appropriate way to address someone who knows they are HIV-positive and engages in homosexual relations anyway?  Like, what would be an appropriate penalty or a correct way to address that in your opinion?”

The question seems to assume that HIV-positive people who have sex set out to infect their partners with the virus. Rep. Baldwin gives a reasonable answer to the question.

Rep. Tammy Baldwin (D-Wis.):  “I think that—if there is—well first of all, in many parts of the globe, diagnostic tools aren’t necessarily available and so knowledge of one’s own HIV and its status is not uniformly as high in other places where health care is harder to come by than it is in the U.S.  When somebody has a communicable disease whether it be H1N1 flu, and they go about the public without, you know—potentially doing harm, or a sexually transmitted disease with calculation, tries to expose others, that is something that I think should be punishable and that it’s up to the legislatures of each country to decide what the appropriate penalty level is—how to deter such purposeful, harmful activity as well as protect others if there’s thought that that behavior might continue.”

 

Baldwin: “We’ve tackled that here in the U.S.  I would tell you that it varies from state to state what those criminal penalties or other penalties might be.  We’ve dealt with it not only with regard to sexually-transmitted disease, but diseases like tuberculosis.  And we’ve dealt with it at different times in different ways.  But I don’t think there’s one sort of boiler- plate way.  But again, I want to acknowledge this issue that health care systems are not the same in every country, and in order for this to be intentional, somebody has to know their HIV status.”

Rep. Baldwin makes clear that the actionable offense is intent to harm. However, the CNSNews reporter does not seem to get the crucial distinction – a distinction not made in the Anti-Homosexuality Bill. In the bill, there is no language that requires the offender to have harmful intent. The clear intent of the bill, as was recently confirmed to me by a researcher in the Ugandan Parliament Research Service is “to outlaw all same-sex sexual conduct.” Being HIV-positive gets the strongest penalty. In the bill, intent to harm is not relevant. The CNSNews reporter ignores Rep. Baldwin’s response.

 

CNSNews.com:  “Okay.  So in the case of somebody who does know that they are HIV-positive, are you saying that there should be a penalty then for continuing to engage in homosexual acts?”

Baldwin then tries to get back to the important distinctions involving awareness and intent.

Baldwin:  “Unprotected? I mean, there’s obviously ways to make sure that, you know, there are precautions—there are also universal precautions in medical settings as well as, you know, for those who engage in consensual activity.  But certainly if there is somebody who is using their, you know, their status as a weapon, you know, particularly to do harm, there should be, there should be appropriate penalties for that.  And I’m not going to advise any particular jurisdiction what it should be, but they should grapple with that in a democratic way.”

Even though the title of the article notes that Baldwin addressed purposeful spreading of HIV, the body of the article failed to make the important distinction:

But Baldwin did not say what specific punishment was warranted, particularly in the country of Uganda, which currently is considering legislation that would impose the death penalty on any HIV-positive person who willfully and knowingly engages in homosexual relations.

“Willfully and knowingly” engaging in homosexual relations should not be penalized according to Baldwin; doing so with the intent to spread HIV is what she addressed.  HIV-positive people may engage intimacy with appropriate precautions. Failing to make this distinction might be an oversight on the part of CNSNews or it might be an attempt to change the subject from what the bill says to focus on something that many readers would want to see addressed in law.

However, it is important to note that the bill as written intends “to outlaw all same-sex sexual conduct” and to impose the death penalty on same-sex intimacy, including touching, where one or both parties are HIV-positive, even if the touching is with mutual consent.

Voice of America examines the Anti-Homosexuality Bill 2009, Part Two

The show features Bob Hunter, Jeff Sharlet and a call in from David Bahati. Must see TV.

A link to the mp4 is to come…

David Bahati called in to say that he was invited to the National Prayer Breakfast; this was passed over by the host. This has been denied by the organizers of the NPB as well as sources in Uganda. Then later in the show, Bob Hunter clarified the situation again and recommended that Bahati withdraw the Anti-Homosexuality Bill.

Uganda: Caleb Lee Brundidge on the criminalization of homosexuality

During the Family Life Network conference on homosexuality in Kampala, questions were asked on a variety of topics. Criminalization came up via a question to Caleb Lee Brundidge. The conference speakers had an opportunity to address the topic via the questions asked, even the subject was not a part of their prepared remarks. Here you can hear the question and Mr. Brundidge’s response.

I am not sure what Mr. Brundidge is recommending here. He seems to laud the Ugandans for having “a standard” but notes that people are afraid to come out. This question might have caught Mr. Brundidge by surprise. His answer seems to come down on the side of criminalization if a person is “caught in the act.” However, much later, his mentor, Richard Cohen said he would not have sent Brundidge to Kampala if he understood the purposes of the conference.

Even though Brundidge notes a possible problem with criminalization, he provided inaccurate and misleading information to his audience. He could have taken a strong position against criminalization and for freedom of conscience. It seems unlikely that Richard Cohen’s letter has c0nnected with Ugandans the way the speakers did in March. I suspect some of those attending came away thinking that criminalization is an appropriate state response – and still may believe that approach is consistent with the teaching they heard from Americans at the Family Life Conference.

For all posts on the Family Life Network conference in March and the Anti-Homosexuality Bill, please click here.

Note: Don Schmierer signed the letter sent by Exodus International to President Museveni which stated opposition to criminalization.

Uganda Saturday Monitor: Anti-gay meeting flops

The Saturday Monitor reports today on a meeting in Kampala hosted by Martin Ssempa last Tuesday.

Pastor Martin Ssempa on Tuesday plumbed the depths of notoriety when he offered graphic images of gay sex as proof of the need for tough penalties against homosexuals.

In the immediate aftermath of the presentation, which ended prematurely, Pastor Ssempa said he did not regret his actions. The press conference, the latest in a series of events he is holding in support of the 2009 Anti-Homosexuality Bill, had been called to unveil two Ugandans, a man and a woman, who say their homosexuality has been rehabilitated.

One man, who was part of a group of American students invited to the press conference by Rubaga North MP Beti Kamya, was seen crying, his colleagues consoling him as the group left the National Theatre.

But midway through his presentation, saved on a computer, most of his audience walked out, some visibly disturbed, leaving him to wonder if he had done anything wrong. The cleric seemed genuinely rattled when he asked: “Why should I be traumatised?”

The effect of such efforts are apparent in the report of the American group who left early. Trying to shock people to your position by stigmatizing an entire group with the behavior of a fringe element rarely succeeds. Skeptical or undecided viewers often associate their revulsion with the presenter of the information and not the group targeted. In this case, people who are already convinced that all gays do the things Ssempa presented might very well be strengthened in that belief. However, people who are unsure or undecided might very well see the clear effort to stigmatize. Efforts in the US to stigmatize gays have not worked well, even when presented with the appearance of science (e.g., Family Research Institute). Too many people know someone who is gay for the extreme presentations to make sense. They know that whatever excesses might be true of some are not of necessity true of all, or even of the class of people.
The rest of the article is here.

Cabinet meeting fails to resolve controversy of Uganda’s Anti-Homosexuality Bill

NTV has the story:

Sources in Uganda are mixed on the meaning of these meetings. Some suggest that the bill is alive and will eventually be passed. Others say that the meetings will lead to a withdrawal of the bill.