Saint Kitts And Nevis Overturns Colonial-Era Gay Sex Ban
The colonial-era law banning same-sex relations in Saint Kitts and Nevis has been overturned in a “landmark” ruling for the Caribbean country, reports Gay Times.
Jamal Jeffers, a gay man, challenged sections 56 and 57 of the Offences Against the Persons Act, which criminalized acts of “buggery” and “unnatural offences.” On August 29, the Eastern Caribbean Supreme Court upheld the motion, striking down two offending sections of the act.
One reads: “Any person who is convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable to be imprisoned for a term not exceeding ten years, with or without hard labor.”
Judge Trevor Ward said sections 56 and 57 are “not reasonably justified in a democratic society in circumstances where they proscribe sexual acts between consenting adults in private, which involve no element of public conduct or harm to, or sexual acts, with minors. To the extent that it criminalizes the private lives of gay persons in this year, the law is excessive and arbitrary.”
Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean, praised the ruling. She hailed it as an important step forward. “Today, St. Kitts and Nevis joins a growing list of Caribbean nations that have overturned these colonial-era laws that deny people’s human rights and hold back the response to the HIV pandemic. Everyone benefits from decriminalization,” she explained.
Kenita Placide, executive director of the Eastern Caribbean Alliance for Diversity and Equality (ECADE), said: “This is a transformative journey and a step to full recognition of LGBTQ persons across the Organization of Eastern Caribbean States. An affirmative decision means a yes to privacy and a yes to freedom of expression.”
Earlier this year, the same court overturned sodomy laws in Antigua and Barbuda.
Maria Sjödin, executive director of global LGBTQ+ rights group OutRight Action International, the Caribbean is witnessing a historic moment in which antiquated, colonial-era laws are being challenged and struck down.
“We are awed by the strategic persistence of activists in the region who are leading the charge to ensure that human rights are advanced and that discriminatory, outdated laws like this are overturned. Hopefully, the remaining countries in the region and beyond will follow.”
There are still seven countries in the Caribbean that criminalize gay sex between consenting adults: Barbados, Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.
Read related myGwork articles here:
Caribbean Court Strikes Down Gay Ban In Antigua And Barbuda
Costa Rica Supreme Court Rules Same-Sex Marriage Ban Unconstitutional
Norway Apologizes For Law That Criminalized Gay Sex
