KINGSTOWN, St Vincent (CMC) – The High Court Friday dismissed the case brought by two gay St Vincent and the Grenadines citizens living overseas, challenging the island’s buggery and gross indecency law.

Among other things, Justice Esco Henry, in a ruling handed down, held that the men had no legal standing to bring the claims, filed by Javin Johnson and Sean Macleish, in light of the fact that they live overseas and have not lived in St Vincent and the Grenadines (SVG) for some time.

She also dismissed the men’s argument that they had been forced to leave here because of their sexual orientation.

The court upheld the Government’s argument that the laws are reasonably required for public health and morality.

“… To my mind, the thought of a public health crisis occasioned by an unstemmed deluge of new HIV cases, is a real and serious concern which reasonably justifies a public health response of the kind embedded in the challenged provisions,” Justice Henry said in her ruling.

She said she recognises that all states do not have the same measure of resources to tackle the myriad of health and other issues confronting them.

“Without judgment, I take judicial notice of the notoriously known inadequacies of the current health-care capabilities in the State amidst the increasing demands on it. I am satisfied that the policy issues which dictate the State’s response are matters best left to the State.”

The judge said that in all the circumstances and in light of her observations, she had no doubt that the approach adopted by the State in relation to public health and public morality concerns on the issue “has a rational connection to the stated objective, and within the context of this State’s limited resources and the mores relied on, is most likely the least drastic means to achieve that goal”.

Justice Henry, therefore, made no finding that the challenged provisions infringe either Sections 9 10 of the Constitution.

She further held that challenged provisions are not arbitrary, irrational, or contrary to the common law prohibition on irrational grounds.

The two men also contended that they were forced to leave or were expelled from the St Vincent and the Grenadines by reason of the buggery and gross indecency laws and how they were allegedly treated while in the country or socially conditioned as a result.

“I reiterate my misgivings expressed earlier regarding the claimants’ allegations of ill treatment by others,” Justice Henry said, adding that the claimants have not established their claim that they have been expelled and had their freedom of movement curtailed or infringed by the challenged provisions or consequences flowing from them.

She dismissed Johnson and MacLeish’s case respectively in their entirety and ordered them to pay costs of EC$7,500 to the Office of the Attorney General.

Similar challenges to similar laws in the Commonwealth Caribbean have succeeded and one legal expert, in immediate reaction to the ruling, noted that unlike in some of the other cases, the court actually heard evidence from Johnson and MacLeish.

The defendants were the Attorney General, The Incorporated Trustees of the Seventh-day Adventist Church, The Incorporated Trustees of the Evangelical Church of the West Indies, The New Testament Church of God, The Archbishop & Primate (Spiritual Baptist) of SVG, The Church of God SVG, The Incorporated Trustees of the New Life Ministries, The Light of Truth Church of God, Kingstown Baptist Church of SVG, Living Water Ministries International ( SVG), and Hope Evangelism Outreach Ministries.

King Counsel Joseph Middleton along with Peter Laverack, Jomo Thomas and Zita Barnwell appeared for the claimants, while Solicitor General Karen Duncan, Senior Crown Counsel Cerepha Harper-Joseph, Crown Counsel Franeek Joseph and Crown Counsel Gabrielle Mayers appeared for the respondents.

Attorneys Mandella Peters and Cheryl Bailey appeared on behalf of the interested parties in Johnson’s case and Meisha Cruickshank for the interested parties in MacLeish’s claim, while Christopher Hummel Smith and Grahame Baller appeared for the interested party Vincy Chap.