Barbuda's Laws On Homosexuality: Understanding The Legal Landscape

On July 5, 2022, the High Court of Justice for Antigua and Barbuda decriminalized homosexuality, ruling that sections of the Sexual Offences Act of 1995, which made homosexual sex illegal, were unconstitutional. This ruling was a significant step towards equality for the LGBTQ+ community in the country, but there is still a long way to go to achieve full acceptance and legal protection. While homosexual activity is now legal, same-sex marriage is not recognized, and there are no laws specifically addressing discrimination or harassment on the basis of sexual orientation or gender identity. The country's recent decision to decriminalize same-sex relations is a positive step, but it remains to be seen how this will play out in practice and whether it will lead to further progress in the fight for LGBTQ+ rights in Antigua and Barbuda.

Homosexuality was decriminalised in 2022

On 5 July 2022, the High Court of Justice for Antigua and Barbuda decriminalised homosexuality in a landmark ruling. The court found that sections of the Sexual Offences Act of 1995, which made homosexual sex illegal, were unconstitutional and violated the right to liberty, protection of the law, freedom of expression, protection of personal privacy, and protection from discrimination. The court's decision was the result of civil society efforts to challenge anti-LGBT legislation in the Eastern Caribbean region, led in part by the Eastern Caribbean Alliance for Diversity and Equality (ECADE).

The ruling set a precedent that constitutional protections against sex discrimination by the government cover sexual orientation and gender identity as well. This means that the government cannot enforce or introduce laws that discriminate on the basis of sexual orientation or gender identity. The court's decision is a significant step towards ensuring that LGBT individuals in Antigua and Barbuda can live without fear of legal repercussions for their sexual orientation and are protected from discrimination.

While the decriminalisation of homosexuality is a major victory for LGBT rights in Antigua and Barbuda, it is important to note that same-sex unions are still not legally recognised in the country. Same-sex couples do not have the same rights as opposite-sex married couples, and discrimination or harassment on the basis of sexual orientation or gender identity is not addressed by the law. However, the ruling has paved the way for further progress in LGBT rights and has been welcomed by campaigners and LGBT individuals in the country.

The decriminalisation of homosexuality in Antigua and Barbuda is part of a broader movement towards LGBT equality in the Caribbean region. In recent years, there has been a rise in LGBT parades and marches, and several countries have overturned anti-gay legislation. The ruling in Antigua and Barbuda is expected to have repercussions in other Caribbean nations, with campaigners hoping that it will prompt other legal systems in the region to review their laws and policies regarding LGBT rights.

Discrimination and harassment are not addressed by the law

On 5 July 2022, the Eastern Caribbean Supreme Court ruled that sections of the Penal Code that made consensual same-sex intimacy illegal were unconstitutional and void. The ruling set a precedent that the constitution's protections against sex discrimination by the government also cover sexual orientation and gender identity. This means that the government cannot enforce or introduce laws that discriminate based on sexual orientation or gender identity.

However, the law does not address discrimination or harassment on the basis of sexual orientation or gender identity. Same-sex unions, for instance, are not recognised in any form, whether it be marriage or partnerships. Households headed by same-sex couples are not eligible for the same rights given to opposite-sex married couples.

While the ruling is a step in the right direction, it does not go far enough to protect the LGBTQ+ community in Antigua and Barbuda from discrimination and harassment. Same-sex couples still face legal challenges that non-LGBTQ+ citizens do not experience.

There is societal resistance to LGBTQ+ rights in Antigua and Barbuda, and public opinion data on the topic is lacking. The country's sodomy ban was repealed, but only after pressure from international organisations and other nations. This indicates that discrimination and harassment against the LGBTQ+ community are still prevalent in Antigua and Barbuda and that further legal protections are needed.

Same-sex marriage is not recognised

On 5 July 2022, the High Court of Justice for Antigua and Barbuda decriminalised homosexuality, ruling that sections of the 1995 Sexual Offences Act that made consensual same-sex intimacy illegal were unconstitutional and void. The ruling set a precedent that the constitution's protections against sex discrimination by the government cover sexual orientation and gender identity.

However, same-sex marriage is not recognised in Antigua and Barbuda. While homosexuality has been decriminalised, same-sex couples do not enjoy the same rights as opposite-sex married couples. The law does not address discrimination or harassment on the basis of sexual orientation or gender identity, nor does it recognise same-sex unions in any form, be it marriage or partnerships.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE) has been instrumental in challenging anti-LGBTQ+ legislation in the region. In 2020, ECADE launched legal challenges to laws criminalising same-sex intimacy in four other countries: Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. Despite these efforts, same-sex marriage remains unrecognised in Antigua and Barbuda, and there are no known plans to introduce legislation to change this.

The lack of recognition for same-sex marriage in Antigua and Barbuda reflects societal resistance to LGBTQ+ rights in the country and the broader Caribbean region. Public displays of affection between same-sex couples are uncommon, and LGBTQ+ travellers are advised to be mindful of local attitudes to avoid attracting unwanted negative attention. While there has been some progress in decriminalising homosexuality, there is still significant work to be done to achieve equality for the LGBTQ+ community in Antigua and Barbuda.

Public displays of affection are uncommon

On 5 July 2022, the High Court of Justice for Antigua and Barbuda decriminalised same-sex relations in a landmark ruling, finding that such laws violated the right to liberty, protection of the law, freedom of expression, protection of personal privacy, and protection from discrimination. While this ruling is a step forward for LGBTQ+ rights in the country, local attitudes towards the LGBTQ+ community remain largely conservative, and public displays of affection between same-sex couples are uncommon.

Public displays of affection, such as hand-holding or kissing, are generally rare between both opposite-sex and same-sex couples in Antigua and Barbuda. While same-sex sexual activity has been legalised, societal resistance to LGBTQ+ rights persists. As a result, LGBTQ+ travellers are advised to be mindful of local attitudes and the potential for negative attention if engaging in public displays of affection.

The decriminalisation of same-sex relations in Antigua and Barbuda was the result of civil society efforts led by the Eastern Caribbean Alliance for Diversity and Equality (ECADE). The case was brought by a gay man, Orden David, and Women Against Rape (WAR), a civil society organisation providing support to the LGBTQ+ community. The court recognised that criminalising same-sex relations contributed to hostile healthcare settings, hindering access to essential services such as HIV testing and treatment.

Despite the legal victory, same-sex couples in Antigua and Barbuda still face challenges. The law does not address discrimination or harassment based on sexual orientation or gender identity, and same-sex unions are not legally recognised. Additionally, there is no legal recognition of non-binary gender identities, and LGBTQ+ employment and housing discrimination status is unknown.

While the ruling sets a precedent for protecting the rights of LGBTQ+ individuals, public displays of affection may still attract unwanted attention due to conservative attitudes. It is essential for LGBTQ+ individuals and allies to continue advocating for comprehensive legal protections and societal acceptance to create a more inclusive environment in Antigua and Barbuda.

Homophobia is rife

On 5 July 2022, the High Court of Justice for Antigua and Barbuda decriminalised same-sex relations, ruling that sections of the 1995 Sexual Offences Act that made consensual same-sex intimacy illegal were unconstitutional. The law previously imposed a 15-year prison sentence for same-sex intercourse. While this ruling is a significant victory for LGBTQ+ rights in the country, homophobia remains prevalent in Antigua and Barbuda.

The ruling was the result of a case brought forward by a gay man, alongside two rights groups: Women Against Rape and the Eastern Caribbean Alliance for Diversity and Equality (ECADE). Campaigners hope that the ruling will have repercussions in other Caribbean nations, as seven countries in the region still have versions of statutes that prohibit same-sex intimacy. According to ECADE, these laws, although rarely enforced, marginalise LGBTQ+ people and tacitly sanction violence and discrimination against them.

Despite the decriminalisation of same-sex relations, homophobia is deeply ingrained in Antiguan and Barbudan society, which is largely Christian. Many people in the twin island nation have been raised to believe that homosexuality is "sinful". As a result, LGBTQ+ individuals face societal resistance and discrimination. Local attitudes towards the LGBTQ+ community are mostly conservative, and public displays of affection between same-sex couples are uncommon. LGBTQ+ travellers are advised to be mindful of these local attitudes and aware that public affection may attract unwanted and negative attention.

While the ruling is a step towards equality, there is still much work to be done to address homophobia in Antigua and Barbuda. The government must continue to take action to protect the rights of LGBTQ+ individuals and ensure that homophobia is not tolerated. Furthermore, efforts should be made to educate the public and promote understanding and acceptance of sexual and gender identities.

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