Cara Shillingford Defends Constitutional Challenge to Buggery Laws in Dominica

RasTa Joe 30th April, 2024

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Dominican attorney Cara Shillingford recently defended her role in a landmark legal challenge that led to the striking down of the country’s buggery laws. This constitutional victory was aimed at dismantling laws that were both outdated and discriminatory, infringing on the human rights of individuals regardless of their sexual orientation.

In a detailed discussion, Shillingford emphasized her duty as a lawyer to represent all clients without prejudice. Her decision to take on this case was driven by a commitment to justice and the principles enshrined in the constitution, rather than the popularity of the cause.

She highlighted the universal nature of the buggery laws, which technically made any adult liable for prosecution, thus affecting a broad section of society beyond just the LGBTQ+ community.

Shillingford articulated her belief that what consenting adults do in the privacy of their homes should remain private, stressing that the law should only intervene in situations involving non-consenting parties or minors. Her stance is that the laws as they stood were not only unconstitutional but also disproportionately punitive.

Throughout the trial, significant consensus was observed as the state, represented by the Attorney General’s chambers, concurred with the claimants that the laws were indeed unconstitutional. Notably, while religious groups like the Catholic, Anglican Churches, and the Dominica Association of Evangelical Churches were given the opportunity to participate as interested parties, they did not provide substantial legal arguments that swayed the court’s decision.

Shillingford, in her reflections, called on her fellow Christians to consider the broader teachings of the Bible, advocating for a compassionate and non-hypocritical approach to lawmaking and social justice.

She reinforced that the essence of the law is not to enforce moral judgments but to protect the rights and freedoms of all citizens, ensuring that everyone is treated equally under the law.