John Stubbs told MPs yesterday.

"There is overwhelming evidence that homosexuals are biologically determined,'' he said.

His statement came as he introduced for the second reading his bill on legalising sex between gays over the age of 16.

The House of Assembly public gallery was crowded with people for and against the planned legislation. They watched as Dr. Stubbs -- sitting down -- outlined his case in a surprisingly low-key manner.

His core argument was that gay sex should be allowed on human rights grounds.

He also used books, newspaper articles, and even the film Philadelphia -- which deals with AIDS -- to back up his stance.

Dr. Stubbs' bill proposed to strike out sections 177 and 179 from the Bermuda Criminal Code.

Section 177 makes attempted buggery and buggery involving men or women an offence carrying maximum jail terms of five to ten years.

Section 179 makes gross indecency between men illegal -- whether it is in public or private.

"Procuring'' someone to commit this offence is punishable by a two-year jail sentence.

Dr. Stubbs believed it was time for Bermuda to tackle the gay sex issue, although he accepted it stirred up powerful emotions.

But he stressed: "This is not a bill to promote the homosexual action.'' Nor was it a bill to enhance the position of homosexuals.

"The human rights issue is what we are debating today,'' he said.

Dr. Stubbs said international human rights conventions did "impact'' on Bermuda. The European Treaty of Human Rights safeguarded privacy in the home for all people, he stressed.

He went on to declare there was "overwhelming'' scientific evidence people were born gay -- although he appreciated human behaviour was complex.

The brain, too, was an "awesome and complex'' phenomenon, he added.

Dr. Stubbs said he was sure there were gays and lesbians "being recruited'' by people of some sexual persuasion. But this was exceptional -- and it should not obscure the reality.

Epidemiological evidence, for example, about people being born gay was overwhelming.

Dr. Stubbs said he respected those who protested his bill flew in the face of Christianity. But he believed these people were guilty of a misapplication of Christian principles.

He also wondered why such people did not lobby as furiously against adultery.

And why did they not protest that there was no law against lesbians having gay sex? Dr. Stubbs pointed out the United Kingdom had decriminalised homosexuality in 1967. An influential UK report had been prepared on the issue.

It came to the unanimous conclusion that the "odious'' clauses making gay sex illegal should be removed from the Criminal Code.

Dr. Stubbs also urged MPs to consider the health implications of his bill.

It was dangerous for homosexuals to be "closeted''.

In conclusion, he said: "This bill addresses a human rights issue. It should be considered on that basis.'' Shadow Health Minister Mr. Nelson Bascome said he wanted to focus on the "order of nature''.

And he pointed out for every expert who supported Dr. Stubbs' case, he could find one to shoot it down.

Mr. Bascome said Dr. Stubbs was wrong to claim legal gay sex was a human rights issue. "In our country today homosexuals are not denied any human rights.'' Mr. Bascome went on: "It takes a man and a woman to create another human being.'' This was the natural order of life, he said, adding he believed people chose their sexual orientation.

Mr. Bascome, however, accepted the Island's "forefathers'' who wrote the current legislation may have been homophobic. "It may have been written up in a way which is unacceptable to several members of this chamber today.'' He believed Bermuda's forefathers probably wanted the legislation to protect their own children so they stayed on track and engaged in "healthy relations''.

Mr. Bascome said he was a father of two, and would be aghast if his children were taught about homosexuality as Dr. Stubbs would want.

"I for one wouldn't like to have that education put upon my children. There is a thin line between what is acceptable and what is not acceptable.'' Mr. Bascome said Bermudians for some years had tolerated homosexual lifestyles. And he stressed it would be hard to find the last time a homosexual was convicted under the present law.

Pointing to the public gallery, Mr. Bascome noted how crowded it was.

The issue obviously provoked greater interest than the Independence controversy or the Budget.

Why not let the public choose whether Bermuda scrapped the anti-gay legislation? He went on to make a "personal point'', saying he had been approached recently by young people concerned about the Stubbs bill. They were worried about its implications.

Mr. Bascome ended by putting forward a motion to delay further contemplation of the bill. He called for a "six month hoist'' -- which would defer debate until the next Parliamentary session.

Human Affairs Minister the Hon. Jerome Dill , in a brief address, said he did not support Mr. Bascome's eleventh-hour amendment motion.

Legalising gay sex was "one of a number of complicated, challenging issues'' facing Bermuda. "If the issue is going to confront us, why do we wish to put it on the back burner?'' he said.

He had been told by his constituents that they would not vote for him if he supported the Stubbs Bill -- and vice versa. At the end of the day, it was incumbent upon MPs to deal with the issue as they saw fit, he said.

Shadow Minister for Legislative Affairs Mrs. Lois Browne Evans , who also did not support Mr. Bascome's motion, said she supported the bill and "it matters not if Dr. Stubbs and myself are the only ones who vote for it''.

"It is a violation of anyone's fundamental right to keep that law (making homosexual relations an offence) on the statute.'' The bill was about basic human rights, she said.

To the religious groups opposing the bill because they believe it is outlawed by the bible, she said: "Religion has condoned everything you can think of including burning at the stake, massacres and slavery.'' She said there was "already confusion'' over the issue in the ranks of such organisations as the Christian Coalition -- regarding their position on the Allan Vincent Smith Foundation. "Did the Salvation Army mean to get involved?,'' she asked.

She said she objected to being "harassed'' with literature on the homosexual issue and wanted to finally put the matter to rest with a vote.

The church's role in deciding the issue should remain one of prayer, she felt.

"I invite Christians of the modern era to pray for the people (homosexuals) -- don't harass me,'' she said.

The "problem in America'' was religious organisations like the Oral Roberts Ministry which did not believe in human rights.

She chastised younger members such as Mr. Dennis Lister (PLP) and Mr. Bascome for not supporting the bill.

Mrs. Browne Evans said she was brought up in a Christian home and attended the Baptist church. "I know when a bill is right or wrong,'' she said.

She added the people who elected her knew what she stood for -- "I had a reputation''. And they would want her and the other MPs to simply be honest in dealing with the bill.

MPs were free of the party whip and had the opportunity to give their own views, she said. Commenting on Mr. Bascome's motion, which would defer debate over the issue to the next session or beyond, she said, "It is a black, sad day when we don't discuss human rights.'' She said she was "disappointed'' in Mr. Bascome for bringing forth the motion in an attempt to "cut off debate''.

Noting House Speaker the Hon. Ernest DeCouto was in deep conversation with clerks, she asked if there was an attempt to "pull out more rules to stop me speaking''.

Opposition Leader Mr. Frederick Wade also wanted the debate to go ahead. He wanted the raging gay rights row to come to an end this session.

His mailbox had been "stuffed '' with materials from groups for and against the bill. He had been "accosted'' on the street by people wanting to discuss it and his phone had been "ringing off the hook''.

"I came to express my opinion on how I finally came (to a conclusion) on the matter and now there are attempts to try and stop the discussion. I am sure the Christian Coalition does not want to silence MPs.'' Works Minister the Hon. Clarence Terceira said if the debate was to continue in a proper matter, Mr. Bascome's motion should be dealt with first.

Speaker Mr. DeCouto agreed and asked Dr. Terceira to pose the question whether MPs supported or opposed the motion from the floor of the House.

They voted overwhelmingly in a voice vote to kill it and continue the Stubbs bill debate.

Dr. Terceira said he had "also been bombarded with literature''-- some 76 pieces, in fact.

He said "incredible stress'' had been put on MPs by people for and against the Stubbs Bill. So much so, that he would not be surprised if they asked for a bonus in their next pay cheque.

He had been told by constituents that they would not vote for him if he supported passage of the bill or if he opposed it.

Dr. Terceira said he was amazed at the "extremes'' one of the organisations not in favour of the bill had gone to.

"How in Christianity could they condemn a charity for AIDS?,'' he asked.

"I hope it was not the entire Christian Coalition. I hope it was just a few who got carried away.'' Dr. Terceira said he would be guided by his conscience in voting on the bill, regardless of outside pressures.

Mr. Trevor Moniz (UBP) said he had concerns about the bill's proposed age of consent for gay sex -- 16.

The age of majority in Bermuda was currently 21, though he noted legislation was soon to be introduced to lower it to 18.

Most of the international legislation material he had seen concerning the legalisation of homosexual relations referred to "consenting adults'', he pointed out.

Mr. Moniz said he did not believe 16-year-olds were consenting adults.

"I put the House on notice that when we go into committee I intend to move a motion to amend the bill so it refers to a person 18 and older rather than 16,'' he said.

Community Affairs Minister the Hon. Wayne Furbert , in an emotionally charged address, said: "I stand here today with my head lowered in shame that this House would consider lowering the very moral fibre of the community.

"It's taken generations for Bermuda to build a society that it can be proud of ... I do not condemn homosexuals. I love them. But I cannot condone their acts.'' He urged MPs to "look at those men and women in the gallery, especially those from the Christian community. Do they look like they want to hurt somebody?'' Society should not be "going after'' those church ministers who do not support the bill.

"I haven't seen anything (that says) that the Christian Coalition said anything about (not supporting) the Allan Vincent Smith Foundation,'' he said.

"We as Christians all support it ... So don't go around knocking Christians.

The remark promoted cries of protest from MPs demanding "who's knocking them?'' Mr. Furbert said he had a problem with the fact it was a conscience vote.

"Do we have the right to steal -- take away that right from the people?,'' he asked. "I consider myself a servant of the people. And when I was canvassing they specifically told me and my running mate not to support it.'' To be continued on Monday