CARIBBEAN AND THE AMERICAS

Population: 15.2 thousand

Although same-sex sexual activity is legal, LGBTQ+ people do not enjoy other rights or protections in Anguilla

Timeline:

1861: The Offences against the Person Act abolished the death penalty for “buggery” and replaces it with a punishment of 10 years to life

2001: Same-sex sexual activity is decriminalised

2022: United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including Anguilla

Same-sex sexual activity has been legal in Anguilla since 2001 but unlike in other island nations in the region like Montserrat and Turks and Caicos, there are no anti-discrimination protections for LGBTQ+ people. Anguilla does not recognise same-sex unions, allow for adoption to LGBTQ+ people, or allow for the right to change legal gender. Despite this, Anguilla society is relatively tolerant towards LGBTQ+ people.

Anguilla is among a group of Caribbean islands including Bermuda, Montserrat, Turks and Caicos, and the British Virgin Islands that, if same-sex marriage is legalised in one place, the others would likely follow suit. In 2022, in a blow for the rights movement, the United Kingdom Privy Council ruled that the ban on same-sex marriage is not unconstitutional.

Population: 99.5 thousand

In July 2022, the High Court of Justice for Antigua and Barbuda declared the laws which criminalise consensual, private sexual acts between persons above the age of consent to be unconstitutional

Timeline:

1873: Sodomy outlawed in the “unnatural offences” section of the Laws of Antigua and Barbuda

1995: Sexual activity between men is criminalised in Section 12 of the Sexual Offences Act; Sexual activity between men is criminalised in Section 15 of the Sexual Offences Act

2017: Out lesbian Aziza Lake is appointed to the Senate

2019: The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua & Barbuda, Barbados, Grenada, St. Kitts & Nevis and St. Lucia

2022: The High Court of Justice for Antigua and Barbuda rules that the criminalisation of homosexual acts is unconstitutional

Outlawed since the 1870s, homosexual acts were included in the 1995 Sexual Offences Act of Antigua and Barbuda with a punishment of up to 15 years in prison. While the law was not generally enforced, it did contribute to a hostile environment for LGBTQ+ people and served to justify stigma and homophobia. LGBTQ+ people are not protected by anti-discrimination laws, same-sex marriages are illegal, and households headed by same-sex couples are not eligible for any of the same rights given to other married couples.

It is notable that Antigua and Barbuda has an out lesbian Senator, Aziza Lake, who was first appointed in 2017. In 2019, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced they were launching five legal challenges to the criminalisation of private, consensual same-sex sexual activity. These would cover Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. In July 2022, the High Court of Justice rules that the criminalisation of homosexuality is unconstitutional, providing momentum for the other related legal challenges.

Population: 400.5 thousand

Even though homosexuality was decriminalised in 1991, society in the Bahamas is not accepting of LGBTQ+ people and there are few rights or protection afforded the community

Timeline:

1991: Homosexuality decriminalised

2005: Miss Teen Bahamas, Gari McDonald, is stripped of her title after she comes out as a lesbian

2006: The Constitutional Review Commission finds that “sexual orientation did not deserve protection against discrimination”

2011: Marriage is explicitly defined as between a man and woman in the Maritime Marriage Law

The Bahamas is a hostile country towards LGBTQ+ people, including tourists. Residents have no employment or other anti-discrimination protections on the basis of sexual orientation or gender identity and same-sex marriage and civil unions are illegal. Over the past two decades, numerous murders of homosexual men in the Bahamas have gone unsolved and in at least two cases, the so-called “gay panic defence” was successfully used. Although the country relies heavily on tourism, anti-LGBTQ+ groups - many of them headed by conservative Christian organisations - have protested the arrival of gay cruises and tour groups.

Although there exist some LGBTQ+ groups in The Bahamas, they are forced to keep their activities hidden.

Population: 287 thousand

Homosexual acts are illegal in Barbados. Though not frequently enforced, a conviction of “buggery” carries a life sentence. As a new republic, Barbados may move towards equalities legislation.

Timeline:

2002: Section 9 of the Sexual Offences Act criminalises “buggery” with a possible life sentence. Section 12 on “serious indecency”, which can be applied to lesbians, carries a sentence of up to 10 years.

2016: Attorney General Adriel Brathwaite says publicly that gays should be “left alone” but that the Barbados Government would not change the law to allow for same-sex marriages

2017: The first Pride event takes place, calling attention to violence, discrimination, and trans rights

2018: Barbados rejects Universal Periodic Review recommendations to decriminalize same-sex acts

2019: The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua & Barbuda, Barbados, Grenada, St. Kitts & Nevis and St. Lucia

2020: Government passes the Employment (Prevention of Discrimination) Act which protects against employment discrimination on the basis of sexual orientation among other grounds

Barbados has a long history of anti-LGBTQ+ laws and attitudes, many of them flowing directly from colonial rule. In September of 2021, the Constitution was introduced to Parliament, the Office of the President replaced the role of Elizabeth II, and Barbados became a republic. With this change, the country was no longer a Commonwealth realm but was allowed to remain a member of the Commonwealth of Nations.

With republic status comes opportunity for LGBTQ+ rights in Barbados. In December 2021, outgoing Prime Minister Mia Mottley’s government presented a charter in Parliament that specifies sexual orientation in its definition of human rights. Article one reads, “All Barbadians are born free and are equal in human dignity and rights regardless of age, race, ethnicity, faith, class, cultural and educational background, ability, sex, gender or sexual orientation.” The document is not binding but may signal a move towards more equalities legislation.

Same-sex activity is illegal in Barbados but a repeal is pending. There is no recognition of same-sex marriage unions, same-sex couples cannot legally adopt, and they cannot serve openly in the military. While there is employment discrimination legislation that protects on the basis of sexual orientation, it does not extend to trans people.

In 2019, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced they were launching five legal challenges to the criminalisation of private, consensual same-sex sexual activity. These would cover Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. In July 2022, the High Court of Justice rules that the criminalisation of homosexuality is unconstitutional, providing momentum for the other related legal challenges.

Population: 410 thousand

A strong Christian influence and the nation’s inherited draconian laws held Belize back while other Central American countries advanced on human rights.

Timeline

2016: Same-sex activity is decriminalised and sexual orientation becomes a prohibited ground for discrimination

2017: Belize holds its first Pride Week

2020: The Equal Opportunities Bill is withdrawn from Cabinet

The 2016 landmark ruling in the Supreme Court of Judicature of Belize that decriminalised same-sex activity also resulted in anti-discrimination laws in employment, provision of goods and services, and in general. However, same-sex marriage is still illegal and there are no legal recognitions of same-sex relationships in the country. Adoption by same-sex parents is forbidden, LGBTQ+ Belizeans cannot serve openly in the military, and they have no legal right to change their gender. Belize joins Trinidad and Tobago as the only two places in the western hemisphere that forbid immigration by homosexuals. Still, the Belizean LGBTQ+ community has become more visible, and in 2017, the nation held its first Pride Week, an event that continues today.

In 2020, after 12 years under conservative Prime Minister Dean Barrow, Belizeans voted in Johnny Briceño of the centre-left People’s United Party. Prior to his election win, Briceño made a commitment to revise the food assistance programme which fails LGBTQ+ families because it relies on the Social Security system. In this system, families with two partners of the same sex are not defined as a family so they aren’t eligible for assistance. So far, this has not changed. The same year, under pressure from religious leaders, the Belizean Cabinet chose not to proceed with the Equal Opportunities Bill that would seek to “promote equal opportunities and to address discrimination, stigma and violence by prohibiting certain forms of conduct and encouraging proactive steps to be taken to address unjust disparities and barriers in order to promote the core Belizean values of fairness, respect, and justice.”

Population: 61.8 thousand

A 2022 ruling in the United Kingdom Privy Council blocks same-sex marriage in Bermuda with far-reaching consequences across the Caribbean

Timeline:

1994: Stubbs Bill makes private, consensual sexual conduct legal in Bermuda, but with a higher age of consent (18 years) for gay male sexual conduct; age of consent is equalised in 2019

2013: The Human Rights Act prohibits discrimination on the basis of sexual orientation   

2015: The Supreme Court of Bermuda rules to allow binational same-sex partners equal rights in employment and benefits as all other spouses in Bermuda

2016: Bermuda holds a non-binding referendum on same-sex civil unions and marriages; Bermudans vote against both

2017: A male same-sex couple challenges the 1944 Marriage Act and gets a judgment in their favour making same-sex marriage legal in Bermuda; later that year, a new government replaces same-sex marriage with domestic partnerships

2022: United Kingdom Privy Council finds that Bermuda ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other countries across the Caribbean

The legal fight for same-sex marriage in Bermuda is long and storied, with rights being given and rescinded from LGBTQ+ people over the course of several years. Bermuda broke rank with other Caribbean nations in 2015 when the Supreme Court extended equal employment rights and benefits to binational same-sex partners, opening the door for judicial change. The following year, Bermudans had a referendum on same-sex partnerships and marriages with neither item gaining favour with the majority. A 2017 legal challenge to the Marriage Act the following year was successful resulting in same-sex marriage becoming legal in Bermuda but after winning an election later the same year, the new government replaced marriage with domestic partnerships for same-sex couples. In the years between then and now the issue has been making its way through the courts but so far the ban has been upheld. Just this year, the United Kingdom Privy Council found that the Bermuda ban on same-sex marriage is not unconstitutional. Activists have signalled that they will continue to appeal and protest. British activist Peter Tatchell has said he anticipates protests at the 2022 Commonwealth Games about this ruling and homophobia in the Commonwealth in general.

Now, same-sex sexual contact is legal in Bermuda, with equalised ages of consent. LGBTQ+ Bermudans do have access to anti-discrimination protections in employment and generally, and can adopt, but have no legal right to change their gender.

Population: 30.5 thousand

The British Virgin Islands is an intensely conservative and religious society; the political climate is expressly against legalising same-sex marriage

Timeline:

1861: The Offences against the Person Act abolished the death penalty for “buggery” and replaces it with a punishment of 10 years to life

2001: Same-sex sexual activity is decriminalised

2007: The Constitution protects against discrimination on the basis of sexual orientation

2017: The Marriage (Amendment) Act fails to provide for same-sex marriages; politicians openly express hostility in the House of Assembly towards same-sex marriage and LGBTQ+ people

2022: The United Kingdom Privy Council finds that a ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including the British Virgin Islands

Same-sex sexual activity has been legal in the British Virgin Islands since 2001, however, other rights such as the right to adopt and same-sex marriage are not extended. The culture of the British Virgin Islands skews conservative and religious, and political leaders have been vocal in their objections to extending same-sex marriage legislation. British Virgin Island citizens are protected against discrimination on the basis of sexual orientation but there are no protections for gender identity or gender expression.

In 2022, the United Kingdom Privy Council upheld the legal ban on same-sex marriage in the Cayman Islands and Bermuda, signalling that such legislation still has a way to go to be accepted in the region. Activists have said they will appeal.  

Population: 38.2 million

Canada has some of the most progressive laws regarding 2SLGBTQ+* people in the region and the world.

*2SLGBTIQ+ is an acronym for Two Spirit, lesbian, gay, bisexual, transgender, intersex, and queer. It’s uniquely Canadian, and may be understood in place of LGBTQ+.

Timeline:

1969: Homosexuality is decriminalised

1977: Quebec includes sexual orientation as a prohibited ground for discrimination

1992: 2SLGBTIQ+ Canadians can serve in the military

1995: Sexual orientation is protected under the equality clause in Canadian Charter of Rights and Freedoms

1996: The Canadian Human Rights Act is amended to specifically include sexual orientation as one of the prohibited grounds of discrimination.

2005: Same-sex marriage is legalised

2011: Nunavut legalises same-sex adoption, becoming the final territory to do so

2017: Bill C-16 passes, adding the words "gender identity and expression" to the Canadian Human Rights Act as prohibited grounds for discrimination, and to the Criminal Code in regards to hate speech and hate incitement and to sentencing for hate crimes

2017: Canadian passports are available with “X” gender marker

2022: Conversion therapy is banned nationwide

Currently, Canada is considered among the most welcoming countries for 2SLGBTIQ+ people. With equal employment, marriage, and adoption rights and robust anti-discrimination policies in place, the federal government has begun the process of addressing past wrongs.

In 2017, Prime Minister Justin Trudeau issued a formal apology for state surveillance and discrimination to 2SLGBTIQ+ people in Parliament, saying, in part, “For the oppression of the lesbian, gay, bisexual, transgender, queer, and two-spirit communities, we apologize. On behalf of the government, Parliament, and the people of Canada: We were wrong. We are sorry. And we will never let this happen again.” The following year, the Governor General granted royal assent for the expungement of past convictions for homosexual acts. And in 2020, the president of the Canadian Association of Chiefs of Police made a formal apology for “the harm we caused by not fully supporting Two-spirit, Lesbian, Gay, Bisexual, Trans, Transgender, and Queer Communities.”

It does bear noting, however, that there remains tension between police and the 2SLGBTIQ+ communities in Canada, particularly with racialised Canadians.

Population: 67 thousand

Cayman residents have access to same-sex civil partnerships but few other rights; the government is openly hostile towards LGBTQ+ people

Timeline:

1861: The Offences against the Person Act abolished the death penalty for “buggery” and replaces it with a punishment of 10 years to life

2001: Same-sex sexual activity is decriminalised

2019: Chief Justice of the Cayman Islands issues a ruling declaring the territory's same-sex marriage ban unconstitutional; this ruling was overturned by the Court later the same year

2020: A civil partnership law is enacted

2022: The United Kingdom Privy Council upholds the legal ban on same-sex marriage

Same-sex sexual activity has been legal in the Cayman Islands since 2001, however, other rights such as the right to adopt and same-sex marriage are not extended, although Cayman residents can enter into same-sex civil partnerships. Despite having a secular society, the Cayman government has been clear in its opposition to LGBTQ+ rights. For example, a 2009 draft constitution excluded rights for LGBTQ+ people.

In 2022, the United Kingdom Privy Council upheld the legal ban on same-sex marriage in the Cayman Islands and Bermuda, signalling that such legislation still has a way to go to be accepted in the region. Activists have said they will appeal.

Population: 72.3 thousand

Though rarely enforced, Dominica has laws against all same-sex sexual activity and against sodomy for homosexual and heterosexual people

Timeline:

1885: “Gross indecency”, which is often interpreted any act of sexual intimacy between men short of anal intercourse, is outlawed; “buggery” is outlawed and carries a term of up to 10 years

1998: Sexual Offences Act criminalises all forms of same-sex sexual activity with sentences ranging from 5 to 25 years

2011: Former Chief Justice of the Eastern Caribbean Supreme Court, Sir Brian Alleyne, criticises laws criminalising homosexuality

2016: Senator Isaac Baptiste expresses concern about the continued criminalisation of buggery in the Sexual Offences amendment bill

2019: A gay man filed a case in Dominica’s High Court challenging the constitutionality of the buggery law

2022: United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for many territories including Dominica

Despite claims to the contrary by government officials including long-time Prime Minister Roosevelt Skerrit, laws against homosexuality are on occasion enforced in Dominica, carrying prison terms of up to 10 years, fines, or even incarceration in a psychiatric hospital. Same-sex sexual activity is illegal, and LGBTQ+ people have no rights or anti-discrimination protections in employment or otherwise. Fuelled by religious leaders, the culture is hostile to LGBTQ+ people, who face discrimination, harassment, and even violence.

There have been calls for change over the years and individual lawsuits intended to repeal antiquated laws but they have not been successful. The 2022 decision by the United Kingdom Privy Council that the ban on same-sex marriage was not unconstitutional will likely postpone meaningful change for some time.

Population: 3.5 thousand

Attitudes about LGBTQ+ people in the British Overseas Territory of the Falkland Islands are generally permissive and positive though rights and protections for transgender and gender diverse people are still not complete

Timeline:

1989: Same-sex sexual activity decriminalised

1996: Marriage Ordinance outlaws same-sex marriage

2009: Constitution bans discrimination on the basis of sexual orientation

2017: Same-sex marriage legal; first Pride event

LGBTQ+ people enjoy some rights and protections in the Falkland Islands and a generally safe and friendly culture. Same-sex sexual activity was decriminalised in 1989 in the Falkland Islands but it wasn’t until 2017 that same-sex marriage was legalised. This gap shows up again in terms of anti-discrimination protections: the Constitution banned discrimination on the basis of sexual orientation in 2009 but gender identity is still not a legally prohibited ground for discrimination and transgender people cannot legally change their gender.

Population: 113.3 thousand

Despite a prohibitive cultural and legal context, LGBTQ+ people in Grenada have built an active rights movement

Timeline:

1987: Article 430 of Grenada’s Criminal Code defines “any grossly indecent act” as a misdemeanor. Article 431 punishes “unnatural connexion” with a sentence of 10 years, a provision that has been interpreted in at least three cases to include consensual anal intercourse between same-sex persons

2013: The president of the Senate of Grenada calls on the island to reconsider its ban on same-sex sexual relationships

2016: Grenadians voted down a referendum instituting protections from discrimination based on gender

2019: The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua & Barbuda, Barbados, Grenada, St. Kitts & Nevis and St. Lucia

Male same-sex sexual activity is illegal in Grenada and carries a penalty of up 10 years. Although these laws are not routinely enforced, there are modern cases of arrest and prosecution. Female same-sex sexual activity is not explicitly named in the Criminal Code but is understood to be criminal. LGBTQ+ Grenadians do not have anti-discrimination protections or the rights of same-sex marriage, civil unions, or to adopt children.

In 2019, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces they were launching five legal challenges to the criminalisation of private, consensual same-sex sexual activity. These would cover Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. In July 2022, the High Court of Justice rules that the criminalisation of homosexuality is unconstitutional, providing momentum for the other related legal challenges.

Population: 794 thousand

The only country in South America where male same-sex sexual activity is illegal, Guyana reserves the right to impose a life sentence on “offenders”

Timeline:

2015: The Director of Guyana's Childcare and Protection Agency (CPA) stated that the CPA does not discriminate as there are no laws barring LGBT individuals and same-sex couples from adopting, being foster parents or guardians

2016: Belize Supreme Court strikes down sodomy ban as unconstitutional, a ruling that would also affect Guyana except that Guyana's Constitution contains a "savings clause" which protects laws inherited by the former British Empire from constitutional review, even if these laws run counter to fundamental human rights

2018: The Caribbean Court of Justice decriminalises cross-dressing; country holds first Pride parade

2019: The Guyana Court of Appeal reduces Clive Knights' conviction for the murder of insurance company executive Bert Whyte in 2012, substituting instead a conviction of manslaughter and imposing a sentence of 30 years' imprisonment after Knights uses the “gay panic defence”

Male same-sex sexual activity is illegal in Guyana and can carry a penalty of life imprisonment. Though the rule is rarely enforced, it contributes to a hostile and unsafe environment for LGBTQ+ people in Guyana which is also reinforced by religious leaders. As late as 2016, Guyana used the “savings clause” to maintain the illegality of homosexuality and the successful use of the “gay panic defence” by convict Clive Knights in 2019 served to underscore that LGBTQ+ people cannot rely on the courts or other institutions for their protection.

LGBTQ+ people in Guyana cannot marry or partner in civil unions, or change their legal gender - and they don’t have anti-discrimination protections. Oddly, they do seem to be able - and indeed, are encouraged - to adopt children and can serve in the military. Guyana held its first Pride parade in 2018.

Population: 2.9 million

Extreme violence, harassment, and discrimination against LGBTQ+ Jamaicans is commonplace, forcing many to live in exile

Timeline:

1864: Sections 76, 77, and 79 of the Offences Against the Person Act criminalize both consensual and non-consensual sex between men and punish same-sex conduct with a sentence of up to 10 years in prison or hard labour

2011: Government passes the Charter of Fundamental Rights and Freedoms but does not include sexual orientation or gender identity as grounds for non-discrimination; the same document explicitly bans same-sex marriage

2012: Gareth Henry and Simone Edwards file complaints at the Inter-American Commission on Human Rights causing the body to review whether it could find grounds to challenge Jamaica's anti-buggery laws

2019: Prime Minister Andrew Holness and the Leader of the Opposition, Peter Phillips, announce their opposition to the legalisation of same-sex marriage

2021: The Inter-American Commission on Human Rights finds that Jamaica’s laws violate rights to privacy, health, and equal protection under the American Convention on Human Rights and calls on Jamaica to repeal Sections 76, 77, and 79 of the Offences Against the Person Act

LGBTQ+ people in Jamaica face discrimination, harassment, and violence - including vigilante beatings and executions. Homosexual sex is illegal and punishable by up to 10 years in jail. There are no anti-discrimination laws with protections on the basis of sexual orientation or gender identity. Transgender Jamaicans, particularly trans women, are especially stigmatised, partly as a result of the country’s intensely male-dominated social structure and interpretation of Christianity. Same-sex marriage has been banned by the Constitution since 2011, though there are legal challenges before the courts. LGBTQ+ Jamaicans cannot adopt or serve openly in the military, and they have no right to legally change their gender.

A 2021 recommendation by the Inter-American Commission on Human Rights that Jamaica repeal Sections 76, 77, and 79 of the Offences Against the Person Act offers some hope for change. Should this change come about, however, it will be only the first of many deep structural, social, and legal shifts that have to take place to ensure the dignity and human rights of Jamaicans.

Population: 5 thousand

A relatively tolerant society towards LGBTQ+ people that is lacking in some fundamental rights and protections

Timeline:

1861: The Offences against the Person Act abolished the death penalty for “buggery” and replaces it with a punishment of 10 years to life

2001: Same-sex sexual activity is decriminalised

2013: Sexual orientation is a prohibited ground from employment discrimination according to the Montserrat Labour Code

2022: United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including Montserrat

Same-sex sexual activity has been legal in Montserrat since 2001 and in 2013, sexual orientation was added to the list of prohibited ground for discrimination in the Montserrat Labour Code. Montserrat does not recognise same-sex unions, allow for adoption to LGBTQ+ people, or allow for the right to change legal gender. Montserrat society is relatively tolerant towards LGBTQ+ people.

Montserrat is among a group of Caribbean islands including Bermuda, Anguilla, Turks and Caicos, and the British Virgin Islands that, if same-sex marriage is legalised in one place, the others would likely follow suit. In 2022, in a blow for the movement, the United Kingdom Privy Council ruled that the ban on same-sex marriage is not unconstitutional. 

Population: 4.4 thousand

One of the most progressive places in the region, Saint Helena has anti-discrimination policies in place and same-sex sexual activities are legal; LGBTQ+ people can marry and adopt children

Timeline:

2009: Discrimination on the basis of sexual orientation is banned in the entire territory through the Constitutional Order

2012: The government of Saint Helena funded the creation of the Saint Helena Human Rights Action Plan 2012–2015.

2017: Same-sex marriage is legalised

2018: The first same-sex marriage, between Saint Helenian Lemarc Thomas and Swedish national Michael Wernstedt, took place on Saint Helena in December

Saint Helena has provides its citizens with anti-discrimination legislation and LGBTQ+ people have the right to marry, adopt, and legally change their gender.  

Population: 53.8 thousand people

Male same-sex sexual activity is illegal on the islands of St. Kitts and Nevis and carries a term of up to 10 years or hard labour

Timeline:

1885: “Gross indecency”, which is often interpreted any act of sexual intimacy between men short of anal intercourse, is outlawed; “buggery” is outlawed and carries a term of up to 10 years or hard labour

2005: The island of Nevis bars a cruise ship carrying 110 American passengers, mostly LGBT, from docking

2011: The Government of St. Kitts and Nevis said it has no mandate from the people to abolish the criminalisation of homosexuality among consenting adults

2019: The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua & Barbuda, Barbados, Grenada, St. Kitts & Nevis and St. Lucia

2022: United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including St. Kitts and Nevis

St. Kitts and Nevis are among the eastern Caribbean islands where same-sex sexual activity between men is illegal and carries a penalty of up to 10 years imprisonment to hard labour. Female same-sex activity is legal. LGBTQ+ people are not protected by anti-discrimination laws and do not have the right to marry, enter into civil partnerships, or adopt. Fuelled by conservative Christianity and outdated colonial-era laws, the culture in St. Kitts and Nevis is hostile to LGBTIQ+ people.

In 2019, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces they were launching five legal challenges to the criminalisation of private, consensual same-sex sexual activity. These would cover Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. In July 2022, the High Court of Justice rules that the criminalisation of homosexuality is unconstitutional, providing momentum for the other related legal challenges.

Population: 185 thousand

Though not often enforced, same-sex sexual activity between males is criminalised and carries a punishment of up to 10 years; St. Lucian government and church may be amenable to decriminalisation

Timeline:

1885: “Gross indecency”, which is often interpreted any act of sexual intimacy between men short of anal intercourse, is outlawed; “buggery” is outlawed and carries a term of up to 10 years or hard labour

2017: External Affairs Minister Sarah Flood-Beaubrun reiterates her position that government "will stick to its decision to refrain from decriminalising buggery and prostitution despite mounting pressure from international countries and organisations"

2019: St. Lucia has its first Pride parade; The Eastern Caribbean Alliance for Diversity and Equality (ECADE) announces the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua & Barbuda, Barbados, Grenada, St. Kitts & Nevis and St. Lucia

2022: United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including St. Lucia

Like other nations in the region, St. Lucia has outdated colonial-era laws that criminalises same-sex sexual activity between men. There is no marriage equality and although there is employment anti-discrimination legislation, it only covers sexual orientation and not gender identity.

There are, however, reasons for optimism. In 2019, the year of the island’s first Pride parade, Senator Hermangild Francis, the Justice and National Security Minister and the former Deputy Police Commissioner, publicly stated that he supports a review of Saint Lucia's buggery law and later the same month, Archbishop Robert Rivas of the Catholic Church in Saint Lucia said the same.

Also in 2019, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced they were launching five legal challenges to the criminalisation of private, consensual same-sex sexual activity. These would cover Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis, and St. Lucia. In July 2022, the High Court of Justice rules that the criminalisation of homosexuality is unconstitutional, providing momentum for the other related legal challenges.

Population: 111.5 thousand

Though infrequently enforced, homosexuality is illegal in St. Vincent and the Grenadines; LGBTQ+ people are not protected by legislation despite some signals from government that laws should change

Timeline:

1885: “Gross indecency”, which is often interpreted any act of sexual intimacy between men short of anal intercourse, is outlawed; “buggery” is outlawed and carries a term of up to 10 years or hard labour

1990: Sections 146 and 148 of Criminal Code make homosexuality illegal

2018: Human Rights Watch urges Saint Vincent and the Grenadines and other Eastern Caribbean countries to repeal colonial "buggery" laws

2019: The High Court determined that 10 churches (known collectively as the ‘Christian Coalition’) would be permitted to join the litigation concerning the constitutionality of Criminal Code provisions criminalising same-sex sexual activity as interested parties

Same-sex sexual relationships between women and men are illegal on St. Vincent and the Grenadines and carry a term of up to 10 years imprisonment. In more recent years there have been suggestions by government, particularly Prime Minister Ralph Gonsalves, that they would be open to revisiting the Criminal Code provision that make homosexuality illegal. In 2018, after three physical attacks, Gonsalves condemned the incident and said that such irrational homophobia was entirely unacceptable. Church leadership, however, remains committed to stigmatising LGBTQ+ people. LGBTQ+ people cannot marry or adopt, and don’t have anti-discrimination protections.

Population: 1.4 million

Sections of the Sexual Offences Act that criminalised same-sex sexual activity were repealed in 2018, perhaps signalling a cultural shift in Trinidad and Tobago

Timeline:

1986: Sexual Offences Act makes same-sex sexual activity illegal, punishable by up to 25 years in prison

2012: Prime Minister Kamla Pesrad-Bissessar writes a letter in favour of ending discrimination on the basis of sexual orientation or gender

2018: The High Court rules sections 13 and 16 of the Sexual Offences Act that criminalize “buggery” and “serious indecency” unconstitutional; Trinidad and Tobago has its first Pride parade

Trinidad and Tobago has a history of hostility towards LGBTQ+ people, fuelled in large part by colonial-era laws and perpetuated by religious leaders. Until 2018, same-sex sexual activity was illegal, carrying a punishment of up to 25 years. Even now, Trinidad and Tobago joins Belize as the only two places in the western hemisphere that forbid immigration by homosexuals, though this rule is rarely enforced. In 2007, a protest led by the Anglican Church tried to bar Elton John from entering the country but Parliament stepped in and he was allowed to perform.

The decriminalisation of same-sex sexual activity in 2018 appears to be the beginning of more substantive rights for LGBTQ+ people in Trinidad and Tobago. The same year, the country held its first Pride parade and now there are several NGOs and organisations working toward full equality. Still, LGBTQ+ people in Trinidad and Tobago cannot marry or partner in civil unions, adopt children, or serve openly in the military. There are no anti-discrimination protections based on sexual orientation or gender identity.

Population: 39.7 thousand

Homophobia in this British Overseas Territory comes mostly from the Christian religious community; LGBTQ+ people are largely tolerated otherwise

Timeline:

1861: The Offences against the Person Act abolished the death penalty for “buggery” and replaces it with a punishment of 10 years to life

2001: Same-sex sexual activity is decriminalised

2011: Article 16 of the Constitution bans discrimination based on sexual orientation

2022: The United Kingdom Privy Council finds that ban on same-sex marriage is not unconstitutional in a decision that could have far-reaching implications for other territories including Turks and Caicos

Same-sex sexual activity has been legal in Turks and Caicos since 2001 and inhabitants have enjoyed anti-discrimination legislation since 2011. However, other rights such as same-sex marriage and the right to adopt are not extended. Culturally, homophobia is driven by Christians but the general population extends goodwill to LGBTQ+ people on Turks and Caicos.

Turks and Caicos is among a group of Caribbean islands including Bermuda, Anguilla, Monserrat, and the British Virgin Islands that, if same-sex marriage is legalised in one place, the others would likely follow suit. In 2022, in a blow for the movement, the United Kingdom Privy Council ruled that the ban on same-sex marriage is not unconstitutional.