The Court of Appeal has set the stage for a major legal and cultural battle, ordering that notices be sent to government officials in a case seeking to invalidate a controversial letter approving a tourism promotion project for the homosexual community. The petition, filed by nationalist groups, sets a direct challenge to state policy on LGBTQ rights and cultural values.
A significant legal proceeding commenced at the Court of Appeal on November 14, centering on a deeply divisive issue in Sri Lankan society. The court ordered the petitioners to take steps to send notices to the respondents to consider a petition that seeks a ruling to invalidate a letter issued by the Chairman of the Sri Lanka Tourism Development Board. This letter had approved the implementation of a tourism promotion project specifically targeted at the homosexual community in Sri Lanka, sparking widespread controversy. The petition was filed by Dr. Gunadasa Amarasekara, the convener of the Patriotic National Movement, and Dr. Wasantha Bandara, its secretary. The case was called before the President of the Court of Appeal, Justice Rohantha Abeysuriya, after being filed the previous month.
The hearing quickly delved into the core of the legal dispute. The Presiding Judge inquired whether the petitioners were seeking interim injunctions. In response, Attorney Kanishka Vitarana, representing the petitioners, confirmed they were indeed seeking such relief. The judge then ordered the petitioner to take the necessary steps to establish the facts of the case after formally issuing notices to the respondents and summoning them before the court. A pivotal moment occurred when the Presiding Judge noted that media reports indicated the government had stated the controversial letter had been withdrawn. However, Attorney Vitarana argued that despite this public statement, his clients were still seeking a formal court order to settle the matter legally and constitutionally. He then leveled a serious allegation, stating that the respondents’ efforts to promote the tourism industry centered on the gay community were completely against the law and in violation of the Constitution. Following these arguments, the judge scheduled the next hearing for February 10 to confirm the facts and ordered that notices be sent to all respondents. The named respondents in this landmark petition are the Attorney General, Foreign Minister Vijitha Herath, the Chairman of the Sri Lanka Tourism Development Authority Buddhika Hewawasam, and the Executive Director of the NGO Equal Ground.
The petition itself outlines a series of allegations and seeks specific legal remedies. The petitioners allege they received information confirming that the Chairman of the Sri Lanka Tourism Development Authority sent a letter to the Executive Director of the NGO Equal Ground, allowing a proposed project to promote gay tourism in Sri Lanka. They contend that through this letter, the Chairman expressed his agreement to develop and promote this niche tourism sector. The petitioners further allege that a significant public outcry followed the disclosure of this letter, with objections being voiced by prominent religious leaders including the Maha Na Theros and Cardinals. This public pressure, they claim, led to Prime Minister Harini Amarasuriya making a statement in Parliament asserting that the government has no intention of promoting gay tourism in Sri Lanka. The petition notes that the Foreign Minister made a similar statement. Accordingly, the petition argues that the Chairman of the Sri Lanka Tourism Development Authority acted arbitrarily and in violation of stated government policy, thereby breaching provisions of the Constitution and the Penal Code. Based on these allegations, the petitioners formally request the Court of Appeal to issue a writ of certiorari to invalidate the controversial letter and the associated project. They further request a court order preventing the promotion of gay tourism in Sri Lanka and seek an interim injunction against the Chairman to stop him from taking any further steps to promote it.
In the midst of this legal confrontation, the Sri Lanka Tourism Promotion Board has offered a defense, asserting that promoting Sri Lanka’s tourism industry to LGBTQ travelers is not equivalent to promoting homosexuality. The controversy originally ignited on social media, with widespread talk that the tourism board was preparing an LGBTQ-focused promotion targeting the foreign gay community. This was primarily triggered by the letter sent to the gay rights organization. The issue gained further traction as high-profile figures including Cardinal Malcolm Ranjith Thero and several opposition MPs joined the public protest against the initiative, highlighting the deep cultural and political divisions the proposal has exposed.
