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5 Oct 2005

news around the world 5-oct-05

In Hong Kong, the government has appealed a recent High Court ruling that struck down a law prohibiting consensual gay sex for men under 21, meanwhile Catholic politicians who support same-sex unions and/or abortion rights, and other laws that violate church doctrine may be barred from Sacrament as the world's bishops meet in Vatican City.

Hong Kong appeals gay sex ruling
The government of Hong Kong on Friday appealed a recent High Court ruling that struck down a law prohibiting consensual gay sex for men under 21. Those found guilty can be jailed for life.

In August a high court ruled that Hong Kong's ban on gay sex between men under 21 is unconstitutional and must be amended. The judge, however, did not recommend a new age of consent in his opinion.

High Court Judge Michael Hartmann said in his ruling that the laws "discriminate on the basis of sexual orientation. (They) are demeaning of gay men who are, through the legislation, stereotyped as deviant."

Hartmann's ruling also found that the law is inconsistent with Hong Kong's mini-constitution, the Basic Law; and the Bill of Rights which provides for all Hong Kong residents to be equally protected by the law.

The current law allows heterosexual and lesbian sex from age 16, but gay men can be imprisoned for life if caught having sex before 21.

Gay rights advocates hailed the August ruling as a major victory, saying it was rare for a court to condemn discrimination based on sexual orientation.

The legal challenge was brought by William Roy Leung who said the law was prejudicial because the age of consent for heterosexual or lesbian sex is 16.

Michael Vidler, the lawyer for the 20-year-old gay man who challenged the law, expressed surprise that the government decided to appeal.

"My client will continue to fight for his rights and the rights of all Hong Kong people," he said. "If the government maintains that this is a world city, then they must start acting like one."

No date for the court hearing on the appeal has been set.

The Hong Kong government is considering legislation to grant greater rights to gays and lesbians but in a recent poll 60 per cent of respondents said there was no need for such legislation and nearly 70 percent said they were unaware of sexual discrimination.

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Vatican may bar gay friendly Catholic politicians from Sacrament
Catholic bishops meeting in Vatican City this month are expected to discuss whether Catholic politicians who support same-sex unions and/or abortion rights, and other laws that violate church doctrine should receive Communion.

From left: Pope Benedict XVI, Canadian Prime Minister Paul Martin and San Francisco mayor Gavin Newsom who issued marriage licenses last year to same-sex couples which were later voided when the California Supreme Court ruled that city's mayor overstepped his authority.
To be held Oct 2 through 23, the three-week Synod of Bishops - where the world's bishops will meet to discuss major issues facing the church - is the first time the Church has come together under the newly anointed Pope Benedict XVI.

The move follows the announcement of a new policy which will bar men with "homosexual tendencies" from being ordained as Catholic priests which the Church says is a response to the sex abuse scandals. Priests who have already been ordained have been strongly urged to renew their dedication to chastity.

Under the proposal being considered by the Vatican, Spanish Prime Minister Jose Luis Rodriguez Zapatero and Canadian Prime Minister Paul Martin who legalised same-sex marriage in their countries, and about a dozen American politicians who support gay marriage - including San Francisco mayor Gavin Newsom who issued marriage licenses last year to same-sex couples - could be refused the sacraments of the Roman Catholic Church.

It is not the first time the Vatican has sought to influence the minds of Catholic political leaders. Under John Paul II, the Catholic Church issued a rallying call to politicians across Europe and elsewhere to not only block pro-gay legal changes but also to repeal existing legislation.

Some politicians have criticised the proposal.

In Canada, Martin's Liberal government passed same-sex marriage legislation in July after courts in several provinces ruled the existing federal marriage law was unconstitutional. He has called the proposal "unfortunate" and warned the Catholic Church from interfering in politics.

"I am a practicing Catholic, in fact I am a strong Catholic," Martin told a Vancouver news conference. "But I am also a legislator and I believe in the separation of church and state."

Martin said his responsibility as prime minister was to uphold Canadians' rights as defined by the courts and to take the widest possible perspective into account.

"I believe in the Charter of Rights and I do not believe the prime minister of the country can cherry-pick those rights," he said.

"Have I discussed (this) with senior churchmen, with bishops? The answer is yes, I have. But as far as any further comment, I'm a legislator and that's public and I will comment on my public position. As a Catholic, that's my faith and I'll keep that to myself."

Before becoming Pope, 78-year-old German Pope had long history of attacking same-sex unions. As Cardinal Ratzinger, he was the Vatican's most outspoken opponent of gay marriage. He was also the author of the a 2003 Vatican directive to priests around the world calling for a proactive stand to stop governments from legalising same-sex marriage and for a repeal of those already on the books that give rights, including adoption, to gay couples.

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