Caribbean court strikes down St. Lucia’s anti-homosexuality law

Ruling in case of Caribbean island leaves 64 nations with anti-gay laws

The number of nations with anti-homosexuality laws dropped to 64 today, as the Eastern Caribbean Supreme Court struck down St. Lucia’s laws against consensual sodomy and “gross indecency”.

The ruling came a month after the news that the tiny Pacific island nation of Niue had repealed its law against same-sex intimacy. At that point, there were 65 nations with anti-homosexuality laws. Here’s a list of the 64 nations that still have anti-gay laws.

“We know that the so called buggery law, despite not being frequently enforced in many territories, has had far reaching impact on, among other aspects, the quality of life, and mental health of Caribbean lesbian, gay, bisexual, transgender and queer (LGBTQ+) people who endure stigma and isolation from family members; as well as social exclusion, public hostilities, discrimination in the workplace, police brutality and sexual violence”, the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) stated in a press release.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced:

Eastern Caribbean Hope Renewed with Saint Lucia LGBTQ+ Victory

In a monumental step for human rights in the Eastern Caribbean, the Eastern Caribbean Supreme Court has declared sections 132 and 133 of the Criminal Code criminalizing buggery and gross indecency are inconsistent with various Constitutional rights protected under the Bill of Rights of the Constitution of Saint Lucia.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE) alongside United and Strong, welcome this historic ruling. It comes as a beacon of hope amid recent setbacks, such as disappointments in St. Vincent and the Grenadines as well as Trinidad and Tobago, that have tested our region’s commitment to equality.

The Washington Blade reported:

The Eastern Caribbean Supreme Court has declared provisions of the St. Lucia penal code that criminalize consensual same-sex sexual relations unconstitutional.

The Eastern Caribbean Alliance for Diversity and Equality on Tuesday in a press release notes High Court Judge Shawn Innocent declared Sections 132 and 133 of the St. Lucia criminal code violate the constitution’s Bill of Rights.

“This decision is deeply personal,” said ECADE Executive Director Kenita Placide. “For many years we’ve worked to see the rights, lives and dignity of LGBTQ+ persons in Saint Lucia and the OECS (Organization of Eastern Caribbean States) protected.”

“Today’s ruling is not just a win in the courts, it also represents a step towards justice for the many lives lost to violence simply for being themselves,” added Placide. “It signals that our Caribbean can and must be a place where all people are free and equal under the law.”

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Saint Lucia, along with Antigua and Barbuda, Dominica, Grenada, St. Kitts and Nevis, St. Vincent and the Grenadines, Anguilla, the British Virgin Islands and Montserrat fall under the Eastern Caribbean Supreme Court’s jurisdiction. It sets legal precedents for the Organization of Eastern Caribbean States of which St. Lucia is a member.

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Dominica 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 Jamaican Supreme Court in 2023 ruled against a gay man who challenged it.

A judge on St. Vincent and the Grenadines’ top court in 2024 dismissed two cases that challenged the country’s sodomy laws.

An appeals court in Trinidad and Tobago in March recriminalized consensual same-sex sexual relations. Jason Jones, an LGBTQ activist from the country who currently lives in the U.K., has appealed the ruling to the Privy Council, an appellate court for British territories that can also consider cases from Commonwealth countries.

ECADE and United and Strong, a St. Lucia LGBTQ rights group, said Tuesday’s ruling is “a beacon of hope amid recent setbacks” in St. Vincent and the Grenadines and Trinidad and Tobago that “have tested our region’s commitment to equality.”