legalise gay sex through Senate yesterday.

Although the bill went through unopposed, three senators spoke against its passage, which should now be completed with the assent of the Governor.

Religious, biological and human rights issues were expounded during the three and a half hour Senate debate on the bill to decriminalise homosexual acts between consenting adults.

And The Royal Gazette came under fire for editorials criticising the Christian Coalition's opposition to the bill.

Earlier this month the House of Assembly passed the bill tabled by the Hon.

John Stubbs by a vote of 22-16 in a free vote.

Independent Sen. Norma Astwood introduced the Criminal Code 1907 Amendment Act 1994.

Sen. Astwood explained that the bill enables Bermuda to comply with the European Convention on Human Rights, by removing sections which criminalise gross indecency between consenting males in private.

The change would protect the right of a private life without the threat of interference from public authorities, except in cases such as national security and public well being.

"Bermuda, through the United Kingdom, subscribes to the European Convention on Human Rights. These sections of the law are inconsistent, not enforceable in our courts, have not been in force for some years and ought to be removed from the statute books,'' she said.

"They can still be prosecuted like anyone else if their sexual behaviour in a public place brings them to the attention of the Police.'' The Hon. Grant Gibbons (UBP) supported the bill for biological and human rights reasons.

He said: "I recognise that many in the community who are making a moral argument are doing so on the basis of deeply-held religious beliefs or for moral or cultural reasons. They are entitled to their arguments.'' However he felt there were two compelling reasons why he would be voting in favour of the bill.

Having been trained as a scientist he said he was impressed by the growing biological evidence that there is a different brain structure between homosexuals and heterosexuals.

He said: "It is now believed that this is not a single, inherited gene but a much more complex situation. I do not find this surprising.

"This is a conscience vote and I think its wrong placing criminal sanctions against a behavioural trait which does not infringe on the rights of others, and which has a biological correlation.'' Sen. Gibbons also stressed that he believed in the fundamental right to privacy and to deny people that contravened human rights.

His United Bermuda Party colleague Sen. Yvette Swan had different views. Sen.

Swan said she received little publicity in The Royal Gazette , but would be pleased to receive some for her stance against the bill.

Sen. Swan, a lay preacher, said she did not want the Senate chamber to become her pulpit but stressed she would be voting with her conscience.

Stating that of more than 40 countries she has visited, the only ones where the laws were successful were those which had something to "hold them'' like religion. I believe Bermuda is a democratic society but the vehicle for our belief is the Bible. We swear on the Bible every day.'' After speaking to a number of teenagers, she said many believed the morality of the country was declining. She said: "I do not want to have it on my conscience that I have added to lowering the morality.'' Sen. Swan said the husband of her close friend had recently died of AIDS and the friend had appealed to her to vote against the bill.

She said that even in the European Convention there was a section which called for the protection of public health. She said: "It's a known fact that in the majority of cases AIDS is spread through homosexual relationships among homosexuals and bisexuals who will go on and spread it to heterosexual partners.'' Turning to The Royal Gazette , which she said had attacked people voting against the bill in the House of Assembly, she said: "I am not afraid of being the name in the editorial. If this will put me in the newspaper then so be it.

"I have absolutely no intention of voting for the passage of this bill.'' While not agreeing with her views, Sen. Alf Oughton (Ind) said he agreed with Sen. Swan's comments about "media hype'' over the subject.

Sen. Oughton said: "Some editorials have appeared in the Press which have described the Christian Coalition as bigots.

"This is a conscience vote and it is very unfortunate how it has been handled in the Press. Everybody is entitled to vote with their conscience. It is totally wrong for some of the editorials, which I have read, to deliberately chastise people who may think differently.'' But Sen. Oughton said he was in favour of the bill because to leave it as it stands would be a fundamental violation of privacy.

"I would like to associated myself with the comments of Ms Jennifer Smith, when she said she wished the same fervour would be given to addressing other social ills in Bermuda.'' Sen. Neletha Butterfield (PLP) claimed she had received verbal threats over the subject, but she said she had been guided by God.

In her role as a lay preacher Sen. Butterfield claimed she had experiences of ministering to homosexuals and lesbians. And she had also spoken to victims of homosexual molestation in prisons.

Sen. Butterfield said she had heard of someone in hospital dying of AIDS, and she added that people must realise that a few moments of pleasure may turn out to be a lifetime of regrets.

She said: "It has been said that once this bill has been enacted it will open up a Pandora's Box, a can of worms. Things will start creeping.'' The Christian Coalition had found an enemy in The Royal Gazette , according to Sen. Terry Lister (PLP). "The Coalition has done a good thing, it is not willing to let the moral fibre of this country be eaten away.'' Quoting from the story of the destruction of Sodom and Gomorrah from the Bible, Sen. Lister stressed he was not being alarmist.

But he said: "When I think of that story it makes me think of the dislike and utter contempt in which God holds homosexuality. I am not talking about individuals. I am talking about the homosexual act.

"When we look at AIDS, we see innocent people with AIDS. You cannot say someone is a bad person because they have AIDS. We have to separate the sin from the sinner. It seems to me that if we are taking a position that will increase the incidence of AIDS, it will be a foolish course of action.'' Sen. Lister stressed that Government had taken steps to alleviate the suffering of people with AIDS, like the provision of an AIDS hospice. But he added that they were talking out of "both sides of their mouth'' by bringing in a bill that would increase chances of catching AIDS.

Before the House of Assembly debate the Christian Coalition had been portrayed as right wing, religious fanatics, but that had changed after the vote.

He then went on to discuss the consequences of the bill, he said: "Since you are going to pass this law, how long will it be before I can smoke marijuana in my own home? Are we opening a Pandora's Box? "Are we going to be faced with a petition which allows marijuana, or whatever else I can do in my own house?'' People who voted against the law in the House of Assembly had been attacked in the press according to Sen. Lister.

He said: "I thought that having `won' The Royal Gazette would be satisfied and would have gone home with a victory.'' A message, he said, was being sent out to the people "brave enough'' to oppose the bill, but he said: "I believe we serve a greater God than the pen of The Royal Gazette .

"Let us risk our political future by speaking against The Royal Gazette .

That is what we are voting against today. Somehow John Swan died and The Royal Gazette became leader of the Country.'' He added the homosexuality issue could not be compared to civil rights issues of the past.

New Government Sen. Gary Pitman , who was sworn in on Monday, said there is no question that there is a homosexual population in Bermuda.

Sen. Pitman said: "These people are brothers and sisters, sons and daughters of Bermudian mothers. These individuals are Bermudians.

"They should not be treated as criminals because of different sexual preferences provided they are consenting adults in the privacy of their own homes.'' He added that young people may not be seeking medical help because of fears that they are breaking the law by being homosexual.

The Christian Coalition, while putting forward some good arguments, could not be seen as strong enough to affect the situation, he said.

A practising Catholic, Sen. Pitman said: "I am pleased that the Catholic church, which does not agree with homosexuality, has agreed with the change in the law so it will not discriminate against people.'' Sen. Larry Scott (UBP) said he had been called a "closet queen'' by a man who found out he would be voting in favour of the bill and because he wears an earring.

He stated that having come from Somerset, where men were "known to be sissies'', he, and others of a heterosexual inclination, had done everything they could not to be labelled in that way.

Sen. Scott said most of the negative comments made against the bill came from males. He said: "Females were more tolerant because they are the mothers. It is their feelings that we can afford to be more sensitive to. A mother protects her offspring to the bitter end. To continue to have a criminal sanction against homosexuality is harsh. We are moving towards a more genteel society.'' Mentioning press coverage, he said: "The editors in one newspaper in particular handled the debate and after reading various editorials and some comments I felt vile.

"I said, I'm against it and I'm not letting the editors of that newspaper have their own way. They're rubbing their faces in the dirt.

"You don't have to judge homosexuals, they should be made to have the same protection and rights as we do.'' He said he did not judge his friends by their sexuality and their practice was not a matter of his concern.

Sen. Scott said: "Homosexuals have brought a level of understanding to certain areas such as art, science and music which has enlightened our lives in many ways.

"I think our society can be a lot more gentle concerning the treatment of our members.

"They too are our brothers, sisters, sons and daughters and I don't think we should pass judgment anymore. I will support this amendment.'' Minister of the Environment the Hon. Gerald Simons was not surprised at the uproar the Criminal Code has caused.

Sen. Simons said: "It involves sex, religion, morals, health, and human rights all these components get people emotional.

"The idea of sex with people of the same sex makes it more difficult. The one thing the bill has done is bring to the fore the fears and anger that is in the society.

"Do we as a community wish to lock up people because of their sexual activity in the bedroom? "I recognise this subject is difficult and some may find it distasteful, unhealthy, unclean and abominable. I don't see how locking up people will improve anything.'' He added that people were concerned by open displays of affection between homosexuals and the fear of homosexuals preying on young boys.

He said: "What is the probability of a homosexual converting a young man? The likelihood is very small.

"Bermuda clearly has a separation of state and Church. I am not saying that legislators should be unaware of the Bible. There should be a decision made on what section of the bible should be encoded in the law. Homosexuality exists.

I do not believe it is appropriate to maintain such an act in 1994.'' Senate President the Hon. Sen. Albert Jackson believed the matter of homosexuality touched on, discrimination, human rights and civil rights.

Sen. Jackson said: "We should, as a society, give some attention to the development of legislation referring to the issue of human rights.

"Homosexuals are that way by nature or nurture. Should such a person be dealt with as a criminal -- controlled and restricted? "I'm of the opinion and outlook that if persons find themselves to be homosexual we should regard them as persons in need of help, to assist them to adjust in their lifestyle.

"We have seen approaches to various forms of behaviour, we see it as a condition that needs to be changed.

"There should be a removal of the criminal feature that has to do with homosexuals should disappear from our enactments.'' Summing up, Sen. Astwood said she found several of the comments made at the Senate debate interesting.

She said: "The church is tremendous and has a significant role in community.

Bermuda needs leadership to encourage those who are seen to be wavered.'' The proposer of the bill claimed ten percent of Bermuda's population is homosexual as it is also ten percent in Britain, United States and France.

She said: "Is it purely by chance that in all births of 100, 10 are homosexual? This is something that no one has control over. "The Bill sets out to protect the privacy of consenting adults and children.

"I do not see how homosexuals can be a destructive group in the community.

There is nothing they can do about the fact that they are homosexual and we should not see it as a crime.'' She added: "Sen. Lister commented on their being an increase of the AIDS epidemic but we can tell people things they need to do, but you can't make them do it.

"This debate is a no-win situation for us all. My aspiration is fairness and justice for all Bermudians. We cannot change many things that people do.'' The Senate passed the bill through its second and third readings. Those opposed decided not to object.

Sen. Norma Astwood Sen. Terry Lister Sen. Gary Pitman.