We Must Recriminalize 'Homosexuality'

For more than twenty years, we have called in our articles for confronting sexual deviance and enacting laws to criminalize it. This culminated in 2007 with an amendment to Article 198 of Kuwaiti Penal Law No. 16/1961, which added a paragraph criminalizing cross-dressing, stating: “Whoever performs an indecent gesture or act in a public place, or in a manner visible or audible to anyone in a public place, or who cross-dresses in any form…” along with the associated penalties.

However, fifteen years later, in 2022, the Constitutional Court ruled the amendment unconstitutional and annulled it, because the acts penalized under that article were overly broad and vague, susceptible to multiple interpretations, thereby infringing upon personal freedom guaranteed by Article 30 of the Constitution.

The reason this matter reached the Constitutional Court and resulted in annulment was that a cross-dresser challenged the constitutionality of the amendment to Article 198 after a lawsuit was filed against him for cross-dressing. Although the court rejected his challenge and fined him 1,000 dinars, he appealed the verdict to the Appeals Review Committee of the Constitutional Court, which annulled the ruling against him and referred the dispute to the Constitutional Court. This occurred despite the explanatory memorandum of the law clearly stating that cross-dressing by either gender is reprehensible and prohibited by Sharia, and criminalizing cross-dressing in any form, including wearing clothing specific to the opposite gender.

We raised this issue in our article more than a year ago, titled “We Immediately Demand a Law Criminalizing Cross-Dressing.” However, the importance of revisiting this issue stems from what we may face in the upcoming U.S. presidential elections, whose outlines are already becoming visible on the horizon. The current administration has engaged in practices opposed by the majority of Americans, such as watching their taxes fund Israel while it commits genocide in Gaza. This has contributed to the Democratic Party’s dominance in the recent midterm elections for the Senate, enabling them to manage its affairs, control its main committees, and pass legislation. This makes us nearly certain that a Democratic president will be elected within two years!

Republicans are clear in their opposition to homosexuality, and President Trump’s declaration was historic when he stated: “From now on, it will be the official policy of the United States government that there are only two genders, male and female.” However, everyone knows that a new president will come and has the right to change policies. The previous Democratic president, Biden, legalized homosexuality, appointed gay officials, and even transgender individuals. As is the case now, following the Democrats’ success in the recent elections, one of the victorious senators announced his homosexuality and presented his male spouse at a press conference, repeating a scenario that occurred under President Biden! In these recent elections, eight transgender Democrats won seats in a record-breaking manner! There may come a day when the U.S. government imposes this sexual deviance on the policies of its allies, whom Arabs consider the weakest!

This fierce wave of support for gender transition is backed by directed media and stringent legislation in Europe and America, which even encourages children to embrace this deviance through their school curricula. This requires us to mount a stronger response with strict legislation, so that deviants do not, as we previously stated, demand their rights due to legislative gaps, and may possibly be supported by foreign entities. There may even come a day, God forbid, that cross-dressers and cross-dressing teachers infiltrate our schools to teach our children. Therefore, we must enact a law to re-criminalize “homosexuality” and confront the possibility of Democratic success in the presidency.