You CANNOT Decriminalize Homosexuality while also claiming to Protect Children

The proposal to repeal Penal Code Sections 365 and 365A, under the guise of “ending discrimination” while “safeguarding children,” is a constitutional contradiction, a religious violation, and a national betrayal. As clarified by the Supreme Court’s 2024 Gender Equity Bill Determination, Sri Lanka’s Constitution does not recognize multiple genders beyond male and female, nor does it allow for laws based on undefined and fluid identities. Decriminalizing LGBTQIA conduct opens the gateway to child-targeting ideologies and foreign interference, undermining the nation’s moral, legal, and religious foundations. It is Constitutionally, Religiously, and Nationally unacceptable

 

1. Supreme Court: Sri Lanka recognizes Only Male and Female

 

The SC Determination on the Gender Equity Bill (June 2024) held that:

 

• The Constitution does not recognize “gender identities” beyond male and female;
• Provisions using the term “gender” were found inconsistent with Articles 12(1) and 12(2) of the Constitution;
• Any law introducing undefined gender-based entitlements or protections violates the constitutional clarity and equality under law.

 

Implication:

Legalizing LGBTQIA conduct inherently relies on acceptance of “gender identity” and “sexual orientation” categories—neither of which have constitutional validity.

Thus, repealing Sections 365/365A under the LGBTQIA premise is fundamentally unconstitutional.

 

2. Child Protection & Section 365/365A: An indivisible Legal Safeguard

 

• Sections 365 and 365A were strengthened in 1995 and 2006 specifically to protect childrenfrom unnatural sexual abuse and exploitation.
• These sections are used to prosecute:
  • Sodomy of minors,
  • Homosexual acts involving coercion,
  • Public sex or exploitation under cover of “consent.”

 

Police records negate claims of systemic discrimination—rather, most involve same-sex abuse on child victims or public offenses.

 

Repealing these laws under the guise of adult rights will eliminate legal tools used to protect children. Globally, decriminalization leads to:

• Drag shows for children,
• Gender identity confusion in primary schools,
• Minors being put on hormone blockers,
• Pornographic “inclusive” content in education.
• Decline in morals, values & cultures of a Nation.

 

Sri Lanka must not follow this trajectory.

 

3. Religious Foundation: Decriminalization violates Article 9 and all Major Faiths

 

Under Article 9 of the Constitution, Sri Lanka is duty-bound to:

• “Give Buddhism the foremost place,” and
• “Protect and foster the Buddha Sasana.”

 

Buddhism, Christianity, Islam, and Hinduism all:

• Prohibit or discourage unnatural sexual conduct,
• Uphold the moral responsibility to protect children,
• Emphasize restraint, family values, and harmony with nature.

 

Decriminalization not only contradicts this moral heritage, it exposes religious leaders and institutions to censorship and lawsuits, if they oppose LGBTQIA content or refuse to participate in gender ideology.

 

Religious freedom cannot coexist with a legalized LGBTQIA framework that punishes moral dissent.

 

4. Law Shapes Society: What is Decriminalized is Ultimately Promoted

• Laws reflect society’s moral boundaries. Once conduct is decriminalized, it becomes:
  • Normalizedin media,
  • Promotedin schools and workplaces,
  • Protectedin courtrooms.

 

• If LGBTQIA acts are legalized, it will:
  • Invade education policy (as seen in the West),
  • Erode parental rights,
  • Restrict religious and cultural speech,
  • Confuse children via school-based indoctrination.

 

Hence, claiming “we’ll legalize LGBTQIA but still protect children” is a legal fiction.

 

5. Sovereignty at Risk: Foreign-Funded Agendas Driving Legal Change

 

The push to repeal these laws is not domestic; it is driven by:

• Western embassies,
• UN agencies (UNHRC, UNICEF, UNFPA),
• Foreign-funded NGOsunder the DEI/Pride umbrella,
• IMF & donor-linked social conditionalities.

 

These actors do not represent the Sri Lankan people or Parliament. They fund influence campaigns under the guise of “equality” while promoting ideologies alien to Sri Lankan culture.

Repealing 365/365A is a direct surrender of Sri Lanka’s legal sovereignty to foreign lobbies.

 

6. No Legal Basis for “Discrimination” Claim

• Of thousands of annual police cases, only 8 have been filed under 365/365A.
• No data shows:
  • Harassment of consensual adults,
  • Arbitrary arrests,
  • Targeting based on identity.

 

The Human Rights Commission and LGBTQIA activists have failed to provide concrete evidence of discrimination. Public perception has been manipulated by foreign-funded media and isolated anecdotes.

 

Final Legal and Moral Position:

You cannot decriminalize LGBTQIA behavior and claim to safeguard children. The two are legally, morally, and socially mutually exclusive.

 

Repealing Sections 365 and 365A would:

• Violate the Constitution(Article 3, Article 4(d), Article 9, Article 10, Article 12, Article 14(1) (e), 14 (1)(f), Article 16, Article 27 (1)(g)
• Contradict the Supreme Court ruling on gender – Supreme Court in SC SD 54/2024 & 55/2024
• Undermine religious rights and family values enshrined in the Constitution
• Expose children to ideological, psychological, and sexual harm,
• Invite foreign interference in law and education,
• And destroy legal mechanisms currently used to protect minors.

 

 

 

 

Shenali D Waduge