Page:NCGLE v Minister of Justice.djvu/70

 Rh Constitution and invalid.

The Constitutional Validity of Section 20A of the Sexual Offences Act 1957

For the sake of convenience, the provisions of section 20A of the Sexual Offences Act are again quoted:

The absurdly discriminatory purpose and impact of the provision can be demonstrated by numerous examples. One will suffice. A gay couple attend a social gathering attended by gay, lesbian and heterosexual couples. The gay man, in the presence of the other guests, kisses his gay partner on the mouth in a way “calculated to stimulate” both his and his partner’s “sexual passion” and to give both “sexual gratification”. They do no more. A lesbian and a heterosexual couple do exactly the same. The gay couple are guilty of an offence. The lesbian and heterosexual couples not. Cameron has rightly commented on the absurdity and tragic-comic consequences of this Rh