Global Journal of Human Social Science, G: Linguistics and Education, Volume 23 Issue 3
The law states that homosexuality is an unnatural act. For something to be unnatural, it has to be compared to something else that is deemed natural. If homosexuality is unnatural, the opposite of homosexuality is heterosexuality, which is deemed natural. Not only is homosexuality positioned as unnatural, the use of the word ‘abominable crime’ places homosexuality as a monstrous, repulsive crime. Even though this law is more than 150 years old, it is still in effect and punishable for up to 10 years in prison in many countries that were colonized by Britain. To predict prejudice against gays and lesbians, West and Cowell (2014) included four items in their survey that directly relate to the law: 1. Marriage between homosexual individuals is acceptable (reversed) 2. Society should recognize homosexuality as normal (reversed) 3. Homosexual behaviors should be against the law 4. Organizations that promote homosexual rights are unnecessary (West & Cowell, 2014 p. 4). The language of the survey items reflects the law that was inherited. West and Cowell (2014) challenged the law in the implications section of their research as one of the ways to reduce prejudice against gays and lesbians. They argue that if the law is receded, then there will be less prejudice against gays and lesbians in Jamaica. Similarly, in their study West and Hewstone (2012a) used the law to theorize sexual prejudice because the law is what people use to criminalize and discriminate against non-heterosexuals on the island. Additionally, Charles (2011) theorized that the law that was inherited has given law enforcement officers the assumed right to brutalize gays and lesbians and to condone the behavior of those who incite violence against gays and lesbians. In his theorizing, Charles alluded that the law makes it challenging for health workers to provide services to homosexuals since homosexuality is against the law. Some of the countries that were colonized have repealed the Offenses Against the Person Act. Even though homosexuality is decriminalized, some of these countries are still operating under a colonial mentality in formalized ways (Clemencia, 1996; Currier, 2010). For example, homosexuality is legal in Curacao and Suriname; however, there are no anti-discriminatory laws to protect people who are gays and lesbians. Clemencia’s study of women-who-love-women in Curacao illustrates this point when an interviewee states, “Only yesterday I learned that one of the earlier mentioned women lost her job at the local industry because the management did not think it appropriate to have a lesbian working in the place” (Clemencia, 1996, p. 84). This example shows that lesbians are discriminated against, even though homosexuality is legal in Curacao. This discrimination against lesbians and gays is an example of the continuing influence of colonial beliefs, as illustrated in the Offenses Against the Person Act Law . Five of the 19 studies documented how government leaders uphold the law in public forums. Charles (2011) refers to the government backing of the law as “state-sponsored-homophobia” (p. 12). This means that the state's leaders use their authority to ensure that the law is enforced in structural ways. An example of this was illustrated in Currier’s study in Namibia. During a police graduation ceremony, the Minister of Home Affairs called for police officers to “eliminate” gays and lesbians in Namibia (Currier, 2010, p. 120). In a similar situation, a former Prime Minister of Jamaica publicly stated on international television that he did not want any gays or lesbians as members of his parliament (Cowell, 2011; West & Hewstone 2012a; West & Cowell, 2014). These studies illustrate that government leaders contribute to the institutionalized behaviors inherited from colonization. b) Informal Ways of Operating The studies I reviewed from the literature documented various ways the legacy of colonization is lived out in informal ways. Some of the informal ways of being that have been inherited from the period of colonization have been operationalized through religiosity, music, heteronormative values, and discrimination against gays and lesbians at the intersection of race and class. In the following sections, I discuss how these informal ways of being have been documented in the research. i. Religiosity Most studies cited religiosity as a way of being inherited from colonization and used to discriminate against lesbians and gays (Charles, 2011; Cowell, 2011; Cowell & Saunders, 2011; West & Hewstone, 2012; West & Cowell, 2014). For example, West and Cowell (2014) investigated predictors of prejudice against homosexuals in Jamaica and concluded that most opponents of gays and lesbians pointed to Christianity as their motivation. Participants in their study considered © 2023 Global Journals Volume XXIII Issue III Version I 41 ( ) Global Journal of Human Social Science - Year 2023 G A Post-Intentional Phenomenological Study of a Queer Identified Youth in Jamaica Unnatural Offences 77. Whosoever shall be convicted of the abominable crime of buggery, committed either within mankind or with any animal, shall be liable to be imprisoned and kept to hard labor for a term not exceeding ten years. 78. Whosoever shall attempt to commit the said abominable crime or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for a term not exceeding seven years with or without hard labor (Ministry of Justice, Jamaica, 2010).
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