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Bishops appeal to Kenya’s Supreme Court to overturn ruling in favor of LGBT organizations – LifeSite

NAIROBI, Kenya (LifeSiteNews) – The Kenya Conference of Catholic Bishops issued an appeal to the country’s Supreme Court to overturn a ruling made last month allowing LGBT groups the right of association, calling the judgment “unconstitutional,” “unwelcome,” and an attack on the good of the family, human life, and the good order of society.

READ: Kenyan Supreme Court blindsides pro-family country with ruling allowing LGBT organizations

The move by the Court came despite the fact that homosexual actions and relationships remain illegal in the socially conservative Kenya. The decision was handed down on Feb. 24 in a 3-2 judgment. Two members of the bench were absent from the court.

The ruling has sparked outrage among Kenyan lawmakers, religious leaders, and others, who contend that the move will work to normalize homosexuality within the country and allow for the establishment of pro-LGBT NGOs, thereby eroding Kenyan culture.

In the bishops’ appeal, they reminded the high court that the nation is deeply religious. “Kenya is a God-fearing nation,” the bishops wrote. “It is on this premise that we acknowledge that God created humankind as male and female.”

The bishops went on to cite the biblical texts in which homosexuality is condemned as immoral, a judgment reflected in Kenyan culture and law.

“Homosexuality, lesbianism and same-sex unions are unnatural, they are wrong, they are evil and intrinsically immoral. They are contrary to the natural law. According to the Sacred Scripture, homosexual acts are of grave depravity (cf. Genesis 19:1-29; Romans 1:24-27; 1 Corinthians 6:10; 1Timothy 1:10). Homosexual acts are intrinsically disordered.”

The bishops then referenced the Constitution of Kenya, Article 45, on the fundamental role of the family in society. In that article, the Constitution declares that “the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.”

The bishops called on the government to remember its “constitutional responsibility and moral obligation to safeguard and protect the family against the LGBTQ+ ideology and other threats.”

They declared that it was for sake of protecting the young from “erroneous ideas about sexuality and marriage” that the Kenyan law criminalized homosexual acts as “gross indecency” and “carnal knowledge against the order of nature.”

“This should be upheld by our judiciary in defence of life and the family,” the bishops challenged.

They then took aim at the argument that such legislation was discriminatory, a much-vaunted line of argument in Europe and the United States. Countering such reasoning, the bishops stated, “The principles of respect and non-discrimination cannot be invoked to support legal recognition of same-sex unions. Differentiating between persons or refusing social recognition or benefits is unacceptable only when it is contrary to justice.” The bishops thus posited justice, not indiscriminate inclusion, as the principle of right order in society.

Drawing out the consequences of introducing homosexuality into Kenyan culture, the bishops warned that it would inevitably lead to the “breakdown of the moral fabric of our society, the institution of marriage and family and the future generations.” They also forewarned it would give rise to moral subjectivism. “Normalizing these unions will make morality subjective; yet morality is an objective aspect of the universe,” they declared.

One has only to look at the breakdown of the family and morality within western countries that have accepted homosexuality to see the future that lies in store for any African country that follows suit and to comprehend how true the bishops’ warnings are.

The full text of the bishops’ appeal to the Kenyan Supreme Court can be found below.

ON RIGHT OF ASSOCIATION OF LGBTQ+ GROUP WITH A VIEW TO OVERTURN THE DETERMINATION

Kenya Conference of Catholic Bishops

March 10, 2023

The determination on 24th February 2023 by the Supreme Court of Kenya on the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) group right of association is unconstitutional, unwelcome and should be withdrawn. Indeed, it contradicts the basic values of the people of Kenya as enshrined in the Constitution. Fundamentally, registration of any association is based on what the association promotes. The aim of the LGBTQ+ association is promotion of homosexual actions and normalizing homosexual and same sex unions. We, therefore, note that this ruling sets the platform for activism and pressure to further recognize homosexuality actions and same sex unions as acceptable and further infiltrate our processes of formation in our institutions.

Firstly, we affirm that Kenya is a God-fearing nation. It is on this premise that we acknowledge that God created human kind as male and female. Moreover, He created us in his own image and likeness. This is the basis of human dignity. In the same way, we also affirm that life is a precious gift from God; it is sacred.

On the basis of the aforementioned principles, we fault the determination of the Supreme Court of Kenya and declare it as an effort towards the promotion of LGBTQ+ ideology which seeks to destroy life. It is an attack on humanity.

We therefore state that this ideology is an attempt to undermine the family and cultural values which are rooted in the very nature of humankind. It also undermines the dignity of life which is at the core of our beliefs as a nation. This ideology is an attack on our faith systems.

We are aware that the LGBTQ+ is an ideology that is being pushed into humanity and the society by individuals and groups that have personal interests and therefore it cannot be said to be promoting the common good which we all have to work for. Human sexuality affects all aspects of the human person in the unity of his body and soul. Everyone, man and woman, should acknowledge and accept his sexual identity as a gift from God. However, our sexual identity cannot be defined merely by referring to sexual orientations.

Homosexuality, lesbianism and same sex unions are unnatural, they are wrong, they are evil and intrinsically immoral. They are contrary to the natural law. According to the Sacred Scripture, homosexual acts are of grave depravity (cf. Genesis 19:1-29; Romans 1:24-27; 1 Corinthians 6:10; 1Timothy 1:10). Homosexual acts are intrinsically disordered.

While acknowledging that our culture as Kenyans is founded on norms and values as well as religious values and beliefs which should be respected, we regret that the LGBTQ+ ideology is taking advantage of our people, and especially the innocent vulnerable individuals like the youth and the poor. Many of these individuals [are] being recruited into the LGBTQ+ group with the promise of financial benefits. We are also aware that the impact of homosexuality is grave and has far reaching effects. With homosexuality and same sex unions being introduced in our society, the continuity of humanity is put at risk by homosexual acts. Same sex unions are not able to contribute in a proper way to the procreation and survival of the human race.

We make reference to the Constitution of Kenya, Article 45 which clearly states that “the family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State”.

We therefore remind the Government of its constitutional responsibility and moral obligation to safeguard and protect the family against the LGBTQ+ ideology and other threats. As a nation, we have a moral obligation to safeguard the young people from such erroneous ideas about sexuality and marriage. It is for this reason that we remind all Kenyans that the Penal Code 1930 criminalizes same-sex acts as ‘gross indecency’ and ‘carnal knowledge against the order of nature’. This should be upheld by our judiciary in defence of life and the family.

The principles of respect and non-discrimination cannot be invoked to support legal recognition of same sex unions. Differentiating between persons or refusing social recognition or benefits is unacceptable only when it is contrary to justice. The common good requires that laws recognize, promote and protect marriage as the basis of the family, the primary unit of society. At this point, we reiterate what is enshrined in the Constitution that marriage is between a man and a
woman.

On the basis of the above legal framework, it is more than evident that the ruling in favour of LGBTQ+ registration is tantamount to normalization of unnatural unions; it is approval of deviant behaviour. This is against the will of God who created male and female in His image and likeness.

If upheld the ruling will lead to breakdown of the moral fabric of our society, the institution of marriage and family and the future generations. Normalizing these unions will make morality subjective; yet morality is an objective aspect of the universe. It is trying to make up your own morality and applying it to the society. Legitimization of homosexuality and especially through decisions of the judiciary would lead to tolerance of evil. It is true that human beings are created with freedom, but that freedom cannot be reduced to doing evil.

In conclusion, we your shepherds caution Kenyans against the push to have the LGBTQ+ community registered in Kenya. This is a misleading and misinformed trend and it should not be allowed. We, therefore, state the following:

1) That we strengthen the family unit and marriages in our communities as image of God’s Love,

2) We insist that the Supreme Court of Kenya reviews this ruling, and determine that an association that seeks the promotion of illegal and immoral actions be overturned.

3) We ask all like-minded people, institutions and organizations to be enjoined in this appeal for review in view of overturning this ruling of the Supreme Court of Kenya.

4) We urge all Kenyans to be vigilant to all the avenues the ideology of LGBTQ+ is being introduced in our schools and community.

5) We urge all Kenyans to resist the ideological pressures that seek to destroy our families and uphold the value and Christian dignity of marriage and family. We should all seek to protect and defend our moral fabric for the common good of humanity and the society.

While acknowledging the reality posed by the challenge of LGBTQ+, we strongly call for the conversion of heart of all those who are seeking to promote this ideology and all those persons who may have deviant sexual orientation in our society.

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