Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.
A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights.
The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws, commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”
“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.”
Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.
Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations.
The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it.
A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.
“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”
Washington Blade courtesy of the National LGBTQ Media Association.