LGBT rights in the Caribbean

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Map of same-sex marriage policies in the Caribbean

LGBT rights differ between the various states in the Caribbean. They are influenced by previous colonization from Europe as well as each state's own interpretation of laws. For many of the states, perceptions of LGBT individuals are unfavorable, and laws lack protections and rights for the community.

History[edit]

The Caribbean has been heavily colonized throughout history by European countries, with Spain, England, France and the Netherlands as the main colonizers, and the United States later on. [1] With them came religion, particularly forms of Christianity such as Catholicism and Protestantism that would become integrated with many of the countries. [2] This also came with it religious views that would encourage discrimination against LGBT members[3] as well as direct legislation from the European countries. Most notable is Britain's Offences Against the Person Act 1861, which outlined many crimes and named sodomy as one of them. [4] While some of these laws would be repealed over time, some Caribbean countries maintain their own legislation that continues to outlaw sexual acts among LGBT. A notable example is Jamaica, that has laws prohibiting anal sex as well as intimacy between same-sex individuals. [5]

Laws[edit]

Country Laws regarding same-sex behavior Laws regarding being transgender or non-binary
Anguilla
  • Sexual acts among consenting adults of the same sex became legal in 2001 due to an order from the British Government.[6]
  • Same-sex marriage is illegal.[7]
 Transgender rights and protections are not recognized.
Antigua and Barbuda
  • Sexual acts among consenting adults of the same sex became legal in 2022.[8]
  • Same-sex marriage is illegal.[9]
 Transgender rights and protections are not recognized.
Aruba
  • Sexual acts among consenting adults of the same sex became legal in 1869.[10]
  • Same-sex marriage has been legal since court ruling in 2022.[11]
 Transgender rights and protections are not recognized.
Bahamas
  • Sexual acts among consenting adults of the same sex became legal in 1991.[10]
  • Same-sex marriage is illegal as the Matrimonial Causes Act does not recognize them.[12]
 Transgender rights and protections are not recognized.
Barbados
  • Sexual acts among same-sex individuals became legal since 2022.[13]
  • Same-sex marriage is unrecognized.[14]
  • Employment discrimination on the basis of sexual orientation is illegal.[15]
 Legal gender changes not allowed; no protective laws; third genders not recognized. [16]
Bonaire
  • Sexual acts among consenting adults of the same sex became legal in 1869 as it was legal in the Netherlands.[10]
  • Same-sex marriage has been legal since 2012 with additions to the Civil Code in the Netherlands.[17]
 Gender changes on legal documents are allowed[17] and gender-neutral documentation is available.[18]
British Virgin Islands
  • Sexual acts among consenting adults of the same sex became legal in 2001 due to an order from the British Government.[6]
  • Same-sex marriage illegal.[7]
  • Discrimination of others due to sexual orientation is illegal according to the country's constitution. [19]
 Transgender rights and protections are not recognized.
Cayman Islands
  • Sexual acts among consenting adults of the same sex became legal in 2001 due to an order from the British Government.[6]
  • Same-sex marriage illegal.[7][20]
 Transgender rights and protections are not recognized.
Cuba
  • Sexual acts among consenting adults of the same sex became legal in 1979.[10][21]
  • Same-sex marriage has been legal since 2022. [22]
 Legal gender changes are allowed and gender confirmation procedures are covered by health care. [23]
Curacao
  • Sexual acts among consenting adults of the same sex became legal in 1869.[10]
  • Same-sex marriage has been legal since court ruling in 2022.[24]
 Transgender rights and protections are not recognized.
Dominica
  • Sexual acts among consenting adults of the same sex became legal in 2024.[25]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Dominican Republic
  • Sexual acts among consenting adults of the same sex became legal in 1822.[10]
  • Same-sex marriage is illegal. [26]
 Transgender rights and protections are not recognized.
Grenada
  • Sexual acts among same-sex individuals is illegal.[27]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Guadeloupe
  • Sexual acts among consenting adults of the same sex became legal in 1816; as a region of France, French laws apply.[10]
  • Same-sex marriage has been legal since France passed a law in 2013.[10]
 Legal gender changes are allowed[28] however there is no recognition of non-binary language or individuals.[29]
Haiti
  • Sexual acts among consenting adults of the same sex became legal in 1791.[10]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Jamaica
  • Sexual acts among same-sex individuals is illegal.[10][30]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Martinique
  • Sexual acts among consenting adults of the same sex became legal in 1816; as a region of France, French laws apply.[10]
  • Same-sex marriage has been legal since France passed a law in 2013.[10]
 Legal gender changes are allowed[28] however there is no recognition of non-binary language or individuals.[29]
Montserrat
  • Sexual acts among consenting adults of the same sex became legal in 2001 due to an order from the British Government.[6]
  • Same-sex marriage illegal.[7]
 Transgender rights and protections are not recognized.
Puerto Rico
  • Sexual acts among consenting adults of the same sex became legal in 2003 due to a United States court ruling.[10]
  • Same-sex marriage has been legal since 2015 due to a declaration made by the United States.[31]
 Legal gender changes are allowed[32] however there is no recognition of a third gender.
Saba
  • Sexual acts among consenting adults of the same sex became legal in 1869 as it was legal in the Netherlands.[10]
  • Same-sex marriage has been legal since 2012 with additions to the Civil Code in the Netherlands.[17]
 Gender changes on legal documents are allowed[17] and gender-neutral documentation is available.[18]
Saint Barthelemy
  • Sexual acts among consenting adults of the same sex became legal in 1816; as a region of France,[33] French laws apply.[10]
  • Same-sex marriage has been legal since France passed a law in 2013.[10]
 Legal gender changes are allowed[28] however there is no recognition of non-binary language or individuals.[29]
Saint Kitts and Nevis
  • Sexual acts among consenting adults of the same sex became legal in 2022 after a law was overturned.[34][35]
  • Same-sex marriage is illegal. [10]
 Transgender rights and protections are not recognized.
Saint Lucia
  • Sexual acts among same-sex individuals is illegal.[10]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Saint Martin
  • Sexual acts among consenting adults of the same sex became legal in 1816; as a region of France,[36] French laws apply.[10]
  • Same-sex marriage has been legal since France passed a law in 2013.[10]
 Legal gender changes are allowed[28] however there is no recognition of non-binary language or individuals.[29]
Saint Vincent and the Grenadines
  • Sexual acts among same-sex individuals is illegal.[10][37]
  • Same-sex marriage is illegal.[10]
 Transgender rights and protections are not recognized.
Sint Eustatius
  • Sexual acts among consenting adults of the same sex became legal in 1869 as it was legal in the Netherlands.[10]
  • Same-sex marriage has been legal since 2012 with additions to the Civil Code in the Netherlands.[17]
 Gender changes on legal documents are allowed[17] and gender-neutral documentation is available.[18]
Sint Maarten
  • Sexual acts among consenting adults of the same sex became legal in 1869.[10]
  • Same-sex marriage is illegal; same-sex marriages from abroad are recognized due to Netherland laws.[24]
 Transgender rights and protections are not recognized.
Trinidad and Tobago
  • Sexual acts among consenting adults of the same sex became legal in 2018 when a law was overturned.[38]
  • Same-sex marriage is illegal. [10]
 Transgender rights and protections are not recognized.
Turks and Caicos Islands
  • Sexual acts among consenting adults of the same sex became legal in 2001 due to an order from the British Government.[6]
  • Same-sex marriage illegal.[7]
 Transgender rights and protections are not recognized.
United States Virgin Islands
  • Sexual acts among consenting adults of the same sex became legal in 1985.[10]
  • Same-sex marriage has been legal since 2015 due to a United States court ruling.[10]
 Gender changes have yet to be attempted, though it is not outlawed.[39] Third genders are not recognized.

See also[edit]

References[edit]

  1. ^ Royal Berglee, PhD (2016-06-17). "5.4 The Caribbean". {{cite journal}}: Cite journal requires |journal= (help)
  2. ^ "Religion in the Caribbean".
  3. ^ ""I Have to Leave to Be Me"". Human Rights Watch. 2018-03-21.
  4. ^ "Offences Against the Person Act". legislation.gov.uk. 1861.
  5. ^ "The Offences Against the Person Act 1864" (PDF). 2013-01-21. Archived from the original (PDF) on 2013-01-21. Retrieved 2022-12-01.
  6. ^ a b c d e "Caribbean Territories (Criminal Law) Order 2000" (PDF). December 13, 2000.
  7. ^ a b c d e House of Lords. "Marriage (Same Sex Couples) (Overseas Territories) Bill [HL]". UK Parliament.
  8. ^ "Caribbean court finds anti-sodomy law unconstitutional". AP NEWS. 2022-07-06. Retrieved 2022-12-01.
  9. ^ "Laws of Antigua and Barbuda, Chapter 261, The Marriage Act" (PDF).
  10. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af Ramon Mendos, Lucas; Botha, Kellyn; Carrano Lelis, Rafael; López de la Peña, Enrique; Savelev, Ilia; Tan, Daron (December 2020). "State-Sponsored Homophobia 2020: Global Legislation Overview Update". ILGA. Retrieved 2022-12-01.
  11. ^ "Court rules in favor of same-sex marriage on Aruba and Curaçao". NL Times. ANP. 2022-12-06. Retrieved 2022-12-07.
  12. ^ "Matrimonial Causes Act" (PDF). March 11, 1879.
  13. ^ "Barbados to repeal its buggery & gross indecency laws". St Vincent Times. Retrieved 2022-12-13.
  14. ^ "Barbados pledges same-sex marriage vote, but supporters doubt reform". Reuters. 2020-09-16. Retrieved 2022-12-01.
  15. ^ "Barbados Parliament Bills Archive | Employment (Prevention of Discrimination) Bill, 2020". www.barbadosparliament.com. Retrieved 2022-12-01.
  16. ^ Empowerment, Quality, Unity, Acceptance, Love, Strength (EQUALS). "Human Rights of Lesbian, Bisexual and Transgender Women in Barbados: A Shadow Report" (PDF).{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. ^ a b c d e f Koninkrijksrelaties, Ministerie van Binnenlandse Zaken en. "Burgerlijk Wetboek BES Boek 1". wetten.overheid.nl (in Dutch). Retrieved 2022-12-01.
  18. ^ a b c Zaken, Ministerie van Algemene (2022-08-15). "Changing the registration of gender on official documents - Identification documents - Government.nl". www.government.nl. Retrieved 2022-12-01.
  19. ^ "The Virgin Islands Constitution Order 2007".
  20. ^ "UK court blocks gay marriage for Cayman Islands, Bermuda". AP NEWS. 2022-03-14. Retrieved 2022-12-01.
  21. ^ Rohrlich, Justin. "Cuba Wants You To Think It's a Gay Paradise. It's Not". Foreign Policy. Retrieved 2022-12-01.
  22. ^ Sheridan, Mary Beth (September 26, 2022). "Cuba approves same-sex marriage in historic turnabout". The Washington Post.
  23. ^ Kirk, Emily J.; Huish, Robert (December 2018). "Transsexuals' Right to Health? A Cuban Case Study". Health and Human Rights. 20 (2): 215–222. ISSN 1079-0969. PMC 6293354. PMID 30568415.
  24. ^ a b "Court rules in favor of same-sex marriage on Aruba and Curaçao". NL Times. ANP. Retrieved 2022-12-07.
  25. ^ https://dominicanewsonline.com/news/homepage/news/breaking-news-dominica-high-court-rules-punishment-of-homosexual-acts-as-unconstitutional/
  26. ^ "Local laws and customs - Dominican Republic travel advice". GOV.UK. Retrieved 2022-12-01.
  27. ^ "WIPO Lex". wipolex.wipo.int. Retrieved 2022-12-01.
  28. ^ a b c d "French Law Removes the Surgical Requirement for Legal Gender Recognition". National Center for Transgender Equality. 2016-10-21. Retrieved 2022-12-01.
  29. ^ a b c d Cohen, Roger; Gallois, Léontine (2021-11-28). "In a Nonbinary Pronoun, France Sees a U.S. Attack on the Republic". The New York Times. ISSN 0362-4331. Retrieved 2022-12-01.
  30. ^ "Jamaica | Human Dignity Trust". www.humandignitytrust.org. 12 February 2019. Retrieved 2022-12-01.
  31. ^ "Document 76 - Declaratory Judgment". Equality Case Files. Retrieved 2022-12-01.
  32. ^ "Puerto Rico". National Center for Transgender Equality. Retrieved 2022-12-01.
  33. ^ "Saint Barthelemy", The World Factbook, Central Intelligence Agency, 2022-11-14, retrieved 2022-12-01
  34. ^ "St. Kitts law criminalizing gay sex found unconstitutional". AP NEWS. 2022-08-30. Retrieved 2022-11-05.
  35. ^ "St Kitts and Nevis becomes the latest country to declare that laws that have criminalized LGBT people are unconstitutional". www.unaids.org. Retrieved 2022-11-05.
  36. ^ "Saint Martin", The World Factbook, Central Intelligence Agency, 2022-11-14, retrieved 2022-12-01
  37. ^ "Saint Vincent and the Grenadines". Human Dignity Trust. 2019-02-06. Retrieved 2022-12-01.
  38. ^ "Trinidad and Tobago: Court Overturns Same-Sex Intimacy Ban". Human Rights Watch. 2018-04-13. Retrieved 2022-12-01.
  39. ^ "US Virgin Islands". National Center for Transgender Equality. Retrieved 2022-12-01.
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