The second constitutional referendum in a post-independent Bahamas has now come and gone. Just as the Bahamian people rejected proposed amendments to our constitution aimed at bringing about equal treatment of men and women under our supreme law in 2002, the 2016 version of this exercise was no different. The majority of voters who participated in the referendum voted against progressive reforms to our constitution for the second time in 14 years.
As the analysis of what transpired continues among the populace, one thing is certain: We were called upon to decide on the fate of future generations but decided to maintain the status quo and leave the inconsistencies and unfair treatment intact. The majority chose to defer this important issue to another generation in what could be described as an abdication of duty. Regardless of our individual views on the matter, the Bahamian people have spoken and the response is in the negative. It is now time to move on with full knowledge that the struggle for equality is far from over and our Bahamaland must march on. This piece considers in general terms the story of the constitutional referendum of 2016.
Leadership and accountability
The records show that the majority of the members of both houses of Parliament were on one accord in voting for the bills. However, some of our current and aspiring leaders began to give flip-flopping a new meaning with their political, albeit amateurish, maneuvers.
There is no doubt that the purpose of the secret ballot is to protect the voter and integrity of the vote. It is also common knowledge that our votes should be personal and confidential; however, political leaders and those who wish to lead our nation do not have the luxury of not disclosing where they stand on matters of national importance. Refusing to tell us your views as politician is akin to a candidate being interviewed for a job who refuses to answer questions aimed at ascertaining his/her competency. He or she will simply not get the job.
The actions of some of our politicians in the lead-up to the referendum further highlight a culture that we as a people have fostered over the years. We do not require them to state their positions on issues that impact us - the masses. By extension, they get a free ride. This is why we can hardly state the positions of our MPs on capital punishment, the introduction of the Caribbean Court of Justice as the court of last instance in The Bahamas. What about their true feelings on and plans for gaming, value-added tax, the manner in which National Health Insurance is implemented? What is the truth about your MP when the House whip or the cameras are not on? Wouldn't you like to know?
A missed opportunity
The beauty of our democracy could not have been better shown than it was on June 7, 2016. While there is room for improvements in the coordination, collation and reporting of the results, the voice of the majority determined the fate of our nation for the time being. It is good that we have a thriving democracy. It is good that the people have exercised their right to voice their opinion. That being said, The Bahamas once again missed a great opportunity to right the wrongs of the past.
We are now on a unique path and a slippery slope in our national development. It is no secret that this writer is a proponent of equal treatment and fairness towards all of God's children. Hence, this writer voted yes to all bills and always intended to do so, albeit it was becoming increasingly obvious that the bills were doomed for failure. The hysteria, fear and confusion were just too great to overcome in an environment of trust deficiency.
The assertion that the information was not available to understand the bills after years of education was disingenuous. The information was everywhere, in print media, on social media and on radio and television advertisements. History will be the judge of those who intentionally distorted the issues and played on exploiting a discontent electorate for personal or political gain.
Calling a spade a spade
We can try to spin the referendum saga or sugarcoat the issues all we like but it is impossible to deny the truths that are within the innermost parts of our hearts. The reality is that a cloud of xenophobia, bigotry, prejudice, homophobia and religious posturing (on all sides of the debate) played a major role in the outcome of the referendum. Many Bahamians saw through the smokescreen created by opponents of the bills who repeatedly stated that "they support gender equality, but..." It is well known that the addition of the "but" negates the statements that preceded their original verbalized intent.
There is no way that bills numbers one, two and three would have opened the so-called door to same-sex marriage. So, why didn't the members of some of the various campaigns and self-proclaimed moral gatekeepers give unequivocal support for addressing the anomaly in our nation's supreme law? It is submitted that the proponents of this campaign refused to stand up for what is a fundamental tenet of the Christian faith.
The answer is simply that they just do not believe in equality of all under the law. Equality under the law is not a bogeyman that people should fear; neither is it against the word of God like some in the Christian church presume. This is not the time to be politically correct. We must call a spade a spade.
Political karma and tolerance
It is unclear where we go from here as a nation insofar as constitutional amendments and gender equality matters are concerned. However, there should be no doubt that the battle is not lost but the movement has only suffered a setback. There are no regrets, only lessons learned. It will be interesting to see how the opposition parties frame their views on these matters in the future, seeing that we have their positions on camera and in print.
The religious leaders who opposed the bills will also have to convince their female congregants on how much they respect their rights as equals (albeit different) in Christ when they were not forceful in their support for bills one, two, or three, which would have ensured equality under the supreme law of the land, not some subsidiary legislation that any Parliament can change without the need of the Bahamian people.
Nobody knows better now than the current Progressive Liberal Party (PLP) administration that your words and actions of the past have consequences for the future. One can argue that to bring the referendum on gender equality, which in the immediate instance does not impact a majority of Bahamians, was bad timing due to the current economic climate and the electorate's unfavorable personal circumstances. However, we would never know, because one can argue that the timing for a Christie-led PLP may have never been right due to the actions and position taken in 2002.
There is no doubt that payback and frustration figured heavily in this referendum exercise. Nevertheless, we cannot continue to play politics with people's lives. There are persons who are genuinely impacted by the decisions we as a nation, a people and leaders take.
I have put on the record before and I will do so again. Being a believer in the word of God, I do not subscribe to the lifestyle of the LGBT community and do not support same-sex marriage. However, it is wrong and disingenuous for persons to ridicule individuals who have voted yes by proclaiming they support same-sex marriage. The yes voters read and understood the challenges faced by Bahamians impacted particularly by bills number one and three. Moreover, my disclaimer based upon my faith does not give me or anyone the license to judge individuals who are homosexual or may want same-sex marriage.
As a people, we must allow the voices of all sects within our society to be heard. We do not have to agree, but they have a constitutional right just as much as those who do not subscribe to their lifestyle. We are all God's children and it is totally unacceptable to wish anyone harm or belittle them because of their sexual orientation. Hopefully, the few intolerant ones among us will tone down their narrative and attacks on members of the LGBT community; treat them with the respect and dignity they deserve as human beings.
Conclusion
In the final analysis, we must save our Bahamas from this divide, rule and conquer mentality as it only nurtures intolerance, bigotry and every form of phobia that prohibits our nation from moving forward and taking our rightful place around the proverbial global table. Amnesty International acknowledged that we may have missed an opportunity and this view may represent the view of the international community. However, the thoughts of other nations within our region seem to be identical.
The editorial of the Jamaican newspaper The Gleaner on Sunday, June 12, 2016 focused on The Bahamas' referendum on gender equality and the inequities that exist in our supreme law. The Gleaner wrote: "It is these inequalities that most 21st century societies - and especially one with 51 percent of its population being female - would consider particularly abhorrent, that the proposed constitutional amendments were aimed at addressing, but rejected, it seems by up to 60 percent of the electors who cast ballots. Women would be among those who voted 'no'."
No matter what the opponents of the proposed changes to the referendum state, the reality is that they voted to maintain the status quo. They voted against men, women and children. They said emphatically that under the supreme law of our land, men are regarded more highly than women. In a sense, they have said to the world "We adopt the ideology expressed in George Orwell's 'Animal Farm'," some humans are equal, but some humans are more equal than others. This is their legacy!
o Arinthia S. Komolafe is an attorney-at-law. Comments on this article can be directed to a.s.komolafe510@gmail.com.
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