BBC- A law criminalising same-sex acts between consenting adults in Antigua and Barbuda has been declared unconstitutional.
The country’s high court ruled on Tuesday that the law contravened constitutionally guaranteed rights to liberty, freedom of expression and protection of personal privacy.
Campaigners say it is a major victory in a country where homophobia is rife.
The case was brought by a gay man in sync with two rights groups.
The two groups, Women Against Rape and the Eastern Caribbean Alliance for Diversity and Equality (ECADE), have welcomed the ruling against the Sexual Offences Act 1995.
The 1995 Act has its roots in British colonial-era legislation that forbids “buggery” and “indecency” and hopes are now high that the ruling will pave the way for similar moves in neighbouring islands.
“We are very much hoping the Antigua ruling will prompt other legal systems in the Caribbean to review their laws and policies, and how they impact on vulnerable populations,” Women Against Rape President Alexandrina Wong told the BBC.
ECADE says seven Caribbean countries still have versions of statutes that prohibit same-sex intimacy. Although rarely enforced, campaigners say they marginalise LGBTQ people, while tacitly sanctioning violence and discrimination against them.
In Antigua and Barbuda, on paper at least, same-sex acts could incur a 15-year prison sentence, while in Barbados the penalty is cited as life imprisonment.
The group has been fighting to overturn anti-gay legislation in several Caribbean nations.
Other constitutional challenges in Barbados, St Kitts and Nevis, and St Lucia are expected to be concluded before the end of the year, according to ECADE.
Ms Wong said that she anticipated some kickback from religious leaders.
“Antigua and Barbuda is largely a Christian society, so we expect some discussion coming from that quarter soon but we have a strategic plan in place to respond to it,” she explained.
“We must realise society is not static but dynamic. Changes are taking place worldwide – and in the Caribbean as well,” she added.
IMAGE SOURCE,SEAN DRAKES VIA GETTYRecent years have seen the rise of a vibrant gay rights movement across the region, including the staging of Pride parades in Barbados and Guyana.
November 2018 saw a century-old ban on “cross-dressing” in Guyana struck out, while in the same year laws prohibiting homosexuality in Trinidad were also overturned.
Still, with the Christian Church a cornerstone of society in much of the Caribbean, the reaction can be mixed.
Aziza Lake, a senator and vocal advocate for LGBTQ people in Antigua and Barbuda, described Tuesday’s landmark ruling as “excellent news”.
“The reception has not been too bad so far; the reaction from some quarters is to be expected. Homophobia is very pronounced here,” she said. “I just hope people will soon start to have a greater understanding of sexual and gender identity.”
Ms Lake said many people in the twin island nation had been raised to believe that gay people were “sinful”.
She added that she hoped the move would open the door to address other “outdated” legislation too, such as rape laws which fail to criminalise non-consensual sex within a marriage.
Antigua-based attorney Andrew O’Kola, who played an integral role in the case, said the court victory brought efforts to end discrimination on the grounds of sexual preference a step closer.
“Antigua and Barbuda now leads the Eastern Caribbean as having recognised the illegality of punishing a person for who they love,” he said, adding: “Consensual love should never be a crime.” (Gemma Handy)
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Good for humanity. If it doesn’t effect you and it doesn’t harm anyone else it shouldn’t criminal .
Couldn’t wait for this so you can bull dung the place even more eh. make sure you have footage so we know who them be 😂🤣
“it doesn’t harm anyone else”?
But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are SPIRITUALLY DISCERNED. 1 Corinthians 2:14
The judgement on Antigua is imminent. The Most High has always judged a nation for its willful depravity
lol stop being crazy
Nah leave that type a nonsense in America. Open one gate you open up more soon you have pedophiles like in America trying to ride on the alphabet ppl dem group and get green light to all manner of fkery.
We already have pedophiles here. Haven’t you seen the news? If you think this law is what’s gonna open a gateway to pedophilia you truly aren’t interested in the issue.
#LEGALIZE
#OBEAH!
…Jumbee_Picknee want work to do!
…And, could careless
…If you call if Voodoo or Hoodoo
‘…’Cause with all this #mess
…His #Rights are being violated, top!
God delivered me from the Transgender lifestyle:
https://www.youtube.com/watch?v=loth8YGuqEg
With all the rapes happening lately perhaps “Women Against Rape” should spend more time focusing on issues that are more helpful to women such as encouraging better relationships between men and women. Where do they find the time to take on all these other irrelevant causes? Are they really pro-women or just against hetero men?
Same exact thing I was thinking.
What my girlfriend does in her own accommodation with another consenting of age human ( man, woman, binary) in no way harms anyone else. God has no business in the bedroom nor in the teaching of this non secular country. No matter what combination of body parts intersect each other it doesn’t cause you harm , maybe jealousy but not harm
“God has no business in the bedroom.” Really? “Marriage is honourable in all, and the bed undefiled: but whoremongers and adulterers God will judge.” – His words not mine.
You might think that God is not relevant but others who are also citizens do. Their opinions should also be respected. You say that it does no harm. I believe that it is harmful to the people practicing it. Instead of figuring out how to relate correctly to the opposite sex, they gave up and went with the same gender leading to a lesser life experience. It also does harm, causing confusion and social difficulties to children raised by these couples. I personally know such children and have seen it firsthand. I am not just speculating. The kids literally don’t know how to relate properly to the different genders. They also try to mimic their parents and try to kiss etc their same gender friends causing other kids parents to keep their same sex friends away from them. Opposite gender friends are already kept away. So, they end up isolated with no friends at all and lots of fighting when they try to join the group. It is also harmful because of the slippery slope effect leading to more demands for recognition and imaginary “rights” from them and other deviant groups as occurs in the U.S. etc. and then to persection of religious people for daring to suggest that males and females together is the better way. It is also one more nail in the coffin of the traditional family which needs support by society so that as many kids as possible grow up as well as possible for future social stability. But, in spite of the obvious harm, of course for tourism’s sake no other outcome was realistically expected.
@Monster bull “God has no business in … the teaching of this non secular country”
Lol You need to go back to school yourself to learn what those words you wrote mean before you’re qualified to judge any teaching in this country.
Not sure what teaching has to do with the topic at hand though.
Traditionally, schools in this country show respect to God via prayers, assemblies etc. Traditionally, families and students are fine with that. No one is forced to participate though. Traditionally, our students are better behaved than those in more secular countries – less bullying, mass shootings etc. Traditionally, the very top students in this country are firmly Christian. Non-Christians do not typically have enough self-discipline, self-control, tenacity etc. to stick with learning difficult content against all odds. Thus, traditionally Christian graduates make some of the most important contributions to the functioning of our society. Traditionally, Christian teachers in non-religious schools stick to teaching the subject matter with no input of religious content unlike secular teachers in the U.S. who are currently trying to teach their unproven radical world views to kindergarteners.
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