LGBTQ rights in Grenada
LGBTQ rights in Grenada | |
|---|---|
 | |
| Status | Male illegal Female legal |
| Penalty | Up to 10 years in prison |
| Gender identity | no |
| Military | Has no military |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Adoption | no |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Legality of same-sex sexual acts
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Male-on-male homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for ten years.[1]
The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons. However, in section 7, the criminal law prohibits "Committing grossly indecent act; is stated in gender-neutral terms. By implication it covers both opposite-sex and same-sex acts. The act of gross indecency must be committed wilfully and in public." Under this section female homosexuality is illegal under public indecency laws.[2]
In May 2013, the president of the Senate of Grenada called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws.[3]
Discrimination protections
There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.[4]
Grenadan law does not address discrimination or harassment on the account of sexual orientation or gender identity.
Summary table
| Same-sex sexual activity legal |  (Penalty: Up to 10 years' imprisonment)
|
| Equal age of consent |
|
| Anti-discrimination laws in employment |
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) |
|
| Same-sex marriages |
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians allowed to serve openly in the military | Has no military |
| Right to change legal gender |
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
- Politics of Grenada
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
References
- ^ "Grenada: Criminal Code". WIPO Lex. Retrieved 1 January 2020.
- ^ "Criminal Law Concerning Same-Sex Intimacy in Grenada" (PDF). Office of the United Nations High Commissioner for Human Rights. Retrieved 26 May 2018.
- ^ "Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men". The Washington Post. 28 May 2013. Archived from the original on 29 May 2013. Retrieved 29 May 2013.
- ^ "Grenada: Constitution, 1973". Georgetown University. Retrieved 26 May 2018.