This week, a remarkable young man named Javed Jaghai is taking the Jamaican government to court. Specifically, he is challenging the country’s buggery law, which makes some sex acts (including bestiality) a crime. In the run-up to her 2011 election, Prime Minister Portia Simpson-Miller promised to hold a conscience vote on this archaic law (it is from 1864!). Mr. Jaghai’s challenge also indirectly targets the country’s Charter of Fundamental Human Rights and Freedoms Act of 2011. Here is an excerpt from J-FLAG’s position statement on the challenge:

Sections 76, 77 & 79 of the Offences Against the Persons Act of 1864, collectively referred to as ‘the buggery law’, criminalize “the abominable crime of buggery” (defined as anal sex with any person or animal) and “gross indecency” (intimacy) between men. We submit that these catch-all definitions are inappropriate since they criminalize the sexual relationships of consenting adults in private and possibly violate the constitutional right to privacy of the home.

Some of the concern about repealing the buggery law stem from the fact that people feel that any changes will weaken the laws against assaulting children. So J-FLAG is calling instead for a “reading-down of the buggery law to de-criminalize the acts of consenting adults in private, NOT the repeal of the law itself.” Hopefully this will assuage lawmakers’ fears.

Homophobic noise is always loud in Jamaica, moreso lately with this court challenge. In fact, yesterday an anti-gay protest was held in Heroes’ Circle in downtown Jamaica, organized by church leaders. (I have been hard on the Jamaica Gleaner for its coverage of anything related to gay/homosexual issues, but today’s story is relatively well-balanced. For all the angles they could have chosen, they fairly sought out an alternative point of view that called on the protesting church leaders to focus on matters of more import, such as the high murder rate or the country’s dire financial situation. Even the Observer’s story, who I have been way more critical of, was not so bad. The opinions expressed in the story, however, are a little more difficult to take, especially coming from a 13–year-old girl, but everyone is entitled to these opinions, of course.)

There is no doubt that being a member (whether perceived as being a member or not, self-identified or not) of the LGBTQ community is difficult in Jamaica. A 2004 Human Rights Watch report paints a disturbing picture (with a focus on HIV/AIDS), and the Jamaica Forum for Lesbians, All-sexuals and Gays has recorded 198 incidents of harassment, violence and targeted attacks since 2011.

But J-FLAG and other allies continue to fight for basic human rights. (Check out their wonderful Youtube outreach campaign here.) This is courageous and important work. There is nothing more fundamental than ensuring citizens of all nations have equal access to universally guaranteed human rights. (I feel obligated to acknowledge, but not endorse, another point of view that I have heard since moving here: the homophobic agenda is a reaction to the oppressive colonial influence, which includes the reliance on the Bible’s tenets to live one’s life. I think it is important to acknowledge that this plays a role in shaping the country’s discourse on homophobia.)

If the general opinions of Jamaicans are taken into account, Mr. Jaghai is facing strong resistance. A 2012 Survey of Attitudes and Perceptions of Jamaicans Towards Same-Sex Relationships found that:

Respondents felt that male (88%) and female (83.7%) homosexuality and bisexuality (83.5%) were immoral. Most respondents disagreed with amending both the buggery law (76.7%) and the Charter of Fundamental Rights and Freedoms to protect the rights of those who are part of the Lesbian, Gay, Bisexual and Transgender (LGBT) community (65%). However, 21.3% said they would support an amendment allowing for consensual sex between adults in private.

In any case, I wish Mr. Jaghai luck this week. Although he will not need luck, just his powerful intellect and all the time, research and experience he brings to the table.