Palau News: Lawmakers Backpedal Away from Any Idea They May Have Intended to Legalize Gay Sex . . .
LAWMAKERS: SAME-SEX MARRIAGE STILL ILLEGAL
*Clarified that Palau only decriminalized Sodomy*
Two lawmakers have clarified that same-sex marriage is still prohibited in Palau despite the country’s move to decriminalize sodomy or gay sex. Delegate Marhence Madrangchar and Senator J. Uduch Sengebau Senior made the clarification amidst reports that Palau already allows same-sex marriage.
News on Palau’s decriminalization of sodomy spawned false reports that the island nation also legalized same-sex marriage. Last week, various online publications in Australia, New Zealand, United States (US) and other Western countries reported that Palau legalized gay sex upon the recommendation by France, Norway, and Spain.
The reports said that the decriminalization of gay sex was incorporated in the new criminal code of the island nation that took effect in July of this year.
“Palau still doesn’t recognize same-sex marriage. It is still illegal here because the Constitution says so,” said Madrangchar, who authored Palau’s updated Penal Code together with Delegate Noah Kemesong
He noted that Palau constitutionalized the same-sex marriage ban six years ago. Madrangchar pointed out that same-sex marriage ban was among the 22 amendments to the Constitution that was passed during the November 4, 2008 general election. Asked whether he supports same-sex marriage, the Delegate from Ngarchelong explained staked a middle ground on the controversial issue. “I am not a very religious person, but I believe that marriage should only between a man and a woman,” said Madrangchar who was raised in the Lutheran Church. “At the same time, I believe that there should be some sort of recognition for same-sex relationships so that surviving partners in such relationships could have legal rights over properties left behind. If for example, one of two men or women living together dies, the surviving partner is entitled to some benefits like the right to inherit properties like house or land that they owned together,” he added.
For her part, Senior, who is Chairwoman of the Senate Judiciary and Governmental Affairs (JGA) Committee, also explained that same sex marriage is still prohibited here. “Palau passed a constitutional amendment to ban same sex marriage in 2008,”she noted.
Senator Raynold Oilouch introduced a proposed law early this year that will implement the same-sex marriage amendment, but the measure is still pending in the Senate. Asked for his comment on the brewing issue of gay sex, Oilouch said the Senate tasked its legal counsel to study the issue and make a report. ‘I reserve my comments until that report comes out,” Oilouch said over the phone.
The movement to legalize same-sex marriage is gaining momentum worldwide. The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century. As of 15 October 2014, fifteen countries (Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherlands, New Zealand, Norway, Portugal, Spain, South Africa, Sweden, Uruguay) and several sub-national jurisdictions (parts of Mexico, a majority of the United States, and most of the United Kingdom allow same-sex couples to marry. The law in Luxembourg will come into force on 1 January 2015.
In the United States, 31 states (Massachusetts, California, Connecticut, Iowa, Vermont, New Hampshire, New York, Washington, Maine, Maryland, Rhode Island, Delaware, Minnesota, New Jersey, Hawaii, Illinois, New Mexico, Oregon, Pennsylvania, Utah, Oklahoma, Virginia, Wisconsin, Indiana, Colorado, Nevada, Idaho, West Virginia, North Carolina, Alaska, and Arizona) and the District of Columbia already recognize same-sex marriage.
President Obama and Vice President Joe Biden now endorse same-sex marriage after initially opposing it. The same is with the US Senate and House of Representatives, where an overwhelming majority of Democratic members changed their minds and now support same-sex marriage.
Last year, the US Supreme Court struck down major portions of the Defense of Marriage Act (DOMA), while letting stand the same-sex marriage bans enacted in 34 states. DOMA, signed by President Clinton into law in 1996, explicitly defined marriage in Federal law as a union between a man and a woman, and precluded Federal recognition of same-sex marriages.
Supporters contend that a constitutional amendment to ban same-sex marriage “enshrines” discrimination in the Constitution, while those against it claim that there is a need for such amendment to protect traditional marriage. Though the momentum of the same-sex marriage movement is gaining strength, opposition is still widespread with most Republican officeholders opposing it and 19 states, mostly in the Deep South, still with marriage bans. The 19 states that still ban same-sex marriage are Arkansas, Wyoming, Kansas, Alabama, Georgia, Kentucky, Mississippi, Louisiana, Texas, Michigan, Florida, Tennessee, Montana, South Dakota, North Dakota, Nebraska, Missouri, South Carolina, and Ohio.
In the same interview, Madrangchar explained that Palau only decriminalized sodomy. “It was illegal before. But the law criminalizing sodomy was repealed two years ago,” said Madrangchar, referring to a law passed in 2012 that decriminalized sodomy. Madrangchar said the law decriminalizing sodomy was incorporated in the updated Penal Code. Senior said that sodomy used to be a crime before RPPL 8-51 was signed into law by then President Johnson Toribiong on November 13, 2012. She said that sodomy was considered a crime under the old 17 PNC Section 2803. 17 PNC Section 2803 states that,” Every person who shall unlawfully and voluntarily have sexual relations of an un-natural manner with a member of the same sex or the other sex” or who shall have carnal connection in any manner with a best, shall be guilty of sodomy. And upon conviction thereof shall be imprisoned for a period of not more than 10 years”. The law on sodomy also provided that the term “sodomy” shall embrace any and all parts of the sometimes written “abominable and detestable crime against nature”.
The Senator said that the new 17 PNC 2803 as amended by RPPL 8-51 does not mention sodomy and in its place put the crime of Sexual Assault in the Second Degree. “The section on sodomy was taken out and replaced with another crime. It is no longer in the books. Therefore, you can no longer charge anyone here with sodomy,” she explained.
There are 79 countries globally that still treat gay men as criminals, eight of which are in the Pacific region: the Solomon Islands, Kiribati, Nauru, Papua New Guinea, Cook Islands, Samoa, Tonga and Tuvalu.
*Clarified that Palau only decriminalized Sodomy*
Two lawmakers have clarified that same-sex marriage is still prohibited in Palau despite the country’s move to decriminalize sodomy or gay sex. Delegate Marhence Madrangchar and Senator J. Uduch Sengebau Senior made the clarification amidst reports that Palau already allows same-sex marriage.
News on Palau’s decriminalization of sodomy spawned false reports that the island nation also legalized same-sex marriage. Last week, various online publications in Australia, New Zealand, United States (US) and other Western countries reported that Palau legalized gay sex upon the recommendation by France, Norway, and Spain.
The reports said that the decriminalization of gay sex was incorporated in the new criminal code of the island nation that took effect in July of this year.
“Palau still doesn’t recognize same-sex marriage. It is still illegal here because the Constitution says so,” said Madrangchar, who authored Palau’s updated Penal Code together with Delegate Noah Kemesong
He noted that Palau constitutionalized the same-sex marriage ban six years ago. Madrangchar pointed out that same-sex marriage ban was among the 22 amendments to the Constitution that was passed during the November 4, 2008 general election. Asked whether he supports same-sex marriage, the Delegate from Ngarchelong explained staked a middle ground on the controversial issue. “I am not a very religious person, but I believe that marriage should only between a man and a woman,” said Madrangchar who was raised in the Lutheran Church. “At the same time, I believe that there should be some sort of recognition for same-sex relationships so that surviving partners in such relationships could have legal rights over properties left behind. If for example, one of two men or women living together dies, the surviving partner is entitled to some benefits like the right to inherit properties like house or land that they owned together,” he added.
For her part, Senior, who is Chairwoman of the Senate Judiciary and Governmental Affairs (JGA) Committee, also explained that same sex marriage is still prohibited here. “Palau passed a constitutional amendment to ban same sex marriage in 2008,”she noted.
Senator Raynold Oilouch introduced a proposed law early this year that will implement the same-sex marriage amendment, but the measure is still pending in the Senate. Asked for his comment on the brewing issue of gay sex, Oilouch said the Senate tasked its legal counsel to study the issue and make a report. ‘I reserve my comments until that report comes out,” Oilouch said over the phone.
The movement to legalize same-sex marriage is gaining momentum worldwide. The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century. As of 15 October 2014, fifteen countries (Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherlands, New Zealand, Norway, Portugal, Spain, South Africa, Sweden, Uruguay) and several sub-national jurisdictions (parts of Mexico, a majority of the United States, and most of the United Kingdom allow same-sex couples to marry. The law in Luxembourg will come into force on 1 January 2015.
In the United States, 31 states (Massachusetts, California, Connecticut, Iowa, Vermont, New Hampshire, New York, Washington, Maine, Maryland, Rhode Island, Delaware, Minnesota, New Jersey, Hawaii, Illinois, New Mexico, Oregon, Pennsylvania, Utah, Oklahoma, Virginia, Wisconsin, Indiana, Colorado, Nevada, Idaho, West Virginia, North Carolina, Alaska, and Arizona) and the District of Columbia already recognize same-sex marriage.
President Obama and Vice President Joe Biden now endorse same-sex marriage after initially opposing it. The same is with the US Senate and House of Representatives, where an overwhelming majority of Democratic members changed their minds and now support same-sex marriage.
Last year, the US Supreme Court struck down major portions of the Defense of Marriage Act (DOMA), while letting stand the same-sex marriage bans enacted in 34 states. DOMA, signed by President Clinton into law in 1996, explicitly defined marriage in Federal law as a union between a man and a woman, and precluded Federal recognition of same-sex marriages.
Supporters contend that a constitutional amendment to ban same-sex marriage “enshrines” discrimination in the Constitution, while those against it claim that there is a need for such amendment to protect traditional marriage. Though the momentum of the same-sex marriage movement is gaining strength, opposition is still widespread with most Republican officeholders opposing it and 19 states, mostly in the Deep South, still with marriage bans. The 19 states that still ban same-sex marriage are Arkansas, Wyoming, Kansas, Alabama, Georgia, Kentucky, Mississippi, Louisiana, Texas, Michigan, Florida, Tennessee, Montana, South Dakota, North Dakota, Nebraska, Missouri, South Carolina, and Ohio.
In the same interview, Madrangchar explained that Palau only decriminalized sodomy. “It was illegal before. But the law criminalizing sodomy was repealed two years ago,” said Madrangchar, referring to a law passed in 2012 that decriminalized sodomy. Madrangchar said the law decriminalizing sodomy was incorporated in the updated Penal Code. Senior said that sodomy used to be a crime before RPPL 8-51 was signed into law by then President Johnson Toribiong on November 13, 2012. She said that sodomy was considered a crime under the old 17 PNC Section 2803. 17 PNC Section 2803 states that,” Every person who shall unlawfully and voluntarily have sexual relations of an un-natural manner with a member of the same sex or the other sex” or who shall have carnal connection in any manner with a best, shall be guilty of sodomy. And upon conviction thereof shall be imprisoned for a period of not more than 10 years”. The law on sodomy also provided that the term “sodomy” shall embrace any and all parts of the sometimes written “abominable and detestable crime against nature”.
The Senator said that the new 17 PNC 2803 as amended by RPPL 8-51 does not mention sodomy and in its place put the crime of Sexual Assault in the Second Degree. “The section on sodomy was taken out and replaced with another crime. It is no longer in the books. Therefore, you can no longer charge anyone here with sodomy,” she explained.
There are 79 countries globally that still treat gay men as criminals, eight of which are in the Pacific region: the Solomon Islands, Kiribati, Nauru, Papua New Guinea, Cook Islands, Samoa, Tonga and Tuvalu.