Gay Marriage In Belize: Navigating Legal Recognition

Same-sex marriage is not recognised by law in Belize, despite the country's Supreme Court ruling in 2016 that Section 53 of the Belize Criminal Code, which criminalised homosexuality, was unconstitutional. The ruling was a victory for Caleb Orozco, a Belizean LGBT and human rights activist, who took the government to court, arguing that the anti-sodomy laws violated his constitutional rights. While same-sex marriage is not legal in Belize, the country has been a popular tourist destination for LGBT people, with many resorts hosting LGBT events.

Belize's anti-sodomy law was overturned in 2016

The law was challenged by Caleb Orozco, a prominent LGBTQ+ activist and executive director of UNIBAM (United Belize Advocacy Movement), Belize's first LGBT+ advocacy group. Orozco argued that the law violated his constitutional rights, and on August 10, 2016, the Belize Supreme Court ruled in his favor, declaring Section 53 unconstitutional. Chief Justice Kenneth Benjamin emphasized that the law contravened constitutional protections of equality, dignity, and personal privacy.

The ruling sent a powerful message, not just in Belize but across the region, as Belize became the first former British colony in the Caribbean to overturn its anti-sodomy law through judicial means. This decision also had broader implications for LGBT+ rights in Belize. Chief Justice Benjamin clarified that the term "sex" in the Constitution includes sexual orientation, thereby prohibiting discrimination on the basis of sexual orientation.

The impact of the ruling was felt beyond the legal sphere. It sparked a more open dialogue about LGBT+ rights in Belize and empowered LGBT+ organizations to become more visible and active. Young LGBT+ Belizeans, inspired by the ruling, felt safer to live openly. Additionally, the country held its first Pride Week in August 2017, with awareness and acceptance-raising activities hosted nationwide.

Despite this progress, it is important to note that same-sex marriage remains unrecognized in Belize, and LGBT+ individuals still face legal challenges and discrimination not experienced by their non-LGBT+ counterparts. However, the overturning of the anti-sodomy law in 2016 undoubtedly represented a pivotal moment in the advancement of LGBT+ rights in Belize, fostering a more inclusive and accepting environment for the community.

Same-sex marriage is not recognised legally in Belize

The lack of legal recognition for same-sex marriages in Belize presents several challenges for LGBT individuals wishing to solidify their union. Without legal marriage, same-sex couples may encounter difficulties in areas such as inheritance, healthcare decision-making, and parental rights. It is crucial for couples to seek legal advice and draft necessary documents, such as powers of attorney and wills, to protect each other's interests in the event of sickness or death.

Despite the absence of legal recognition, Belize has witnessed a growing acceptance of the LGBT community within its borders. In 2016, the country made headlines by becoming the first former British colony in the Caribbean to overturn its anti-sodomy law, a move that fostered a more open dialogue about LGBT rights. This pivotal moment in Belize's history was largely attributed to the efforts of LGBT activist Caleb Orozco, who successfully challenged the anti-sodomy law in the Supreme Court.

The victory in the Supreme Court sent a clear message that discrimination based on sexual orientation would not be tolerated. The ruling affirmed the constitutional rights to dignity, equality, privacy, freedom of expression, and non-discrimination. It marked a significant step forward in recognising the human rights of LGBT individuals in Belize and set a precedent for advancing LGBT rights across the region.

While same-sex marriage remains legally unrecognised in Belize, there are glimmers of hope for the future. The country has demonstrated a willingness to embrace change and protect the rights of its LGBT citizens, even if progress may seem slow. As local writer Colette Kase observes, things are "slowly but surely improving" for the LGBT community in Belize.

Homosexuality was illegal in Belize until 2016

In Belize, homosexual individuals faced legal challenges until 2016, when same-sex sexual activity was decriminalised. Up until this point, Belize's Criminal Code stated that:

> "Every person who has carnal intercourse against the order of nature with any person ... shall be liable to imprisonment for 10 years."

This was interpreted to mean that any sexual act that was not "the sexual congress of a phallus inserted into a vagina" was illegal. This included oral sex, anal sex between heterosexual or homosexual persons, and masturbation.

In 2010, the United Belize Advocacy Movement (UNIBAM) and its executive director Caleb Orozco filed a case in the Supreme Court of Judicature of Belize, challenging the constitutionality of the country's anti-sodomy law. The case was heard in May 2013, and on 10 August 2016, Chief Justice Kenneth Benjamin ruled that Section 53 of the Criminal Code of Belize contravened constitutional protections of equality, dignity and personal privacy. This ruling emphasised the rights of privacy, equality and dignity that Belizeans possess. The ruling also expanded the definition of sex in the constitution to include sexual orientation, and amended the Criminal Code to specify that the law did not apply to consensual sexual acts between adults.

The ruling was significant as Belize's sodomy ban was the first to be judicially overturned in a former British colony in the Caribbean, and it was also the last sodomy ban to be struck down in Central America. The decision was met with opposition from religious groups, and the government initially announced a partial appeal of the ruling. However, in March 2018, the Catholic Church in Belize officially withdrew from the appeal, leaving the Government of Belize as the sole appellant. On 30 December 2019, the Appeals Court upheld the unconstitutionality of Section 53 and the expansion of protections in the Constitution against discrimination to include sexual orientation.

Belize's constitution prohibits discrimination based on sexual orientation

The case against Section 53 was filed in 2010 by Caleb Orozco, a prominent Belizean human rights defender and executive director of the United Belize Advocacy Movement (UNIBAM), with the support of several international human rights organisations. The case argued that the anti-sodomy law violated his constitutional rights. The Supreme Court heard the case in May 2013, and on 10 August 2016, Chief Justice Kenneth Benjamin ruled in favour of Orozco, stating that Section 53 contravened constitutional protections of equality, dignity, and personal privacy. The ruling also ordered the amendment of the Criminal Code to specify that the section "shall not apply to consensual sexual acts between adults."

The government initially announced it would not appeal the ruling but later reversed its decision after meeting with religious leaders. The appeal was heard on 29 October 2018, and on 30 December 2019, the Appeals Court upheld the unconstitutionality of Section 53 and affirmed the expansion of protections in the Constitution against discrimination to include sexual orientation and freedom of expression to include sexual expression. This ruling was a significant victory for human rights in Belize, ensuring that LGBT individuals are protected from discrimination based on their sexual orientation.

Despite this progress, LGBT individuals in Belize still face legal challenges and discrimination not experienced by non-LGBT citizens. While same-sex sexual activity has been decriminalised, same-sex marriage remains illegal, and there is no legal recognition of non-binary gender identities. Additionally, LGBT individuals may face employment and housing discrimination, and there are no laws specifically prohibiting conversion therapy. However, there have been positive signs of change, with the country hosting its first Pride Week in 2017 and increasing visibility and activism from LGBT organisations.

LGBT people are protected by non-discrimination laws in Belize

In 2016, the Belizean Supreme Court ruled in favour of Caleb Orosco in the landmark case of Orozco v Attorney General. The court struck down Section 53 of the Belize Criminal Code, which criminalised 'carnal intercourse against the order of nature' and disproportionately discriminated against the LGBT community. The ruling emphasised the rights of privacy, equality and dignity for all Belizeans, and expanded the definition of 'sex' in the constitution to include sexual orientation. This was a significant step forward for LGBT rights in Belize, as it provided constitutional protection against discrimination based on sexual orientation.

Following the 2016 ruling, the Belizean Constitution was interpreted to include sexual orientation within its prohibition of discrimination on the basis of sex. This interpretation was reinforced by the country's signing of the International Covenant on Civil and Political Rights (ICCPR) in 1996. The language of this treaty has been interpreted to include sexual preference within its prohibition of discrimination on the basis of sex. As such, the Belizean Constitution must be read in light of this interpretation, providing further protection for LGBT individuals against discrimination.

Despite these legal protections, LGBT individuals in Belize still face unique legal challenges and may encounter discrimination in certain areas of life. For example, LGBT individuals may face employment and housing discrimination, as there are no explicit legal protections against such forms of discrimination. Additionally, same-sex marriage is not legally recognised in Belize, and there is no legal recognition of non-binary gender identities.

However, there have been some positive signs of changing attitudes towards the LGBT community in Belize. In 2017, the country held its first Pride Week, with activities raising awareness and acceptance of LGBT individuals taking place nationwide. Additionally, LGBT organisations have become more visible and active following the 2016 ruling, empowering young LGBT Belizeans to live openly and safely.

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