Secular sexual anarchists would like Jamaica’s buggery law removed so no intimate activity would be illegal.
The essential consideration in the lawsuit brought against the Jamaican state by AIDS FREE WORLD is that making anal penetration, chariot racing, farming, jackhammering, felching and other such depraved behaviours illegal between Men who have Sex with Men (MSM) cannot be justified in a “free and democratic society”. For secularists apparently “free and democratic” equates to “free and depraved”
Considerations on the meaning of “a free and democratic society”
Section 1 of the Canadian Charter of Rights and Freedoms is the section that confirms that the rights listed in the Charter are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual’s Charterrights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as hate speech (e.g., in R. v. Keegstra) and obscenity (e.g., in R. v. Butler). It has also been used to protect from the unreasonable interference of government in the lives of people in a free and democratic society by defining these limits.
When the government has limited an individual’s right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was prescribed by law namely, that the law is attuned to the values of accessibility and intelligibility; and secondly, that it is justified in a free and democratic society, which means that it must have a justifiable purpose and must be proportional.