Source: LOS ANGELES Blade
ST. JOHN’S, Antigua and Barbuda — A judge on Tuesday ruled provisions of a law that criminalizes consensual same-sex sexual relations in Antigua and Barbuda are unconstitutional.
High Court Judge Marissa Robertson, who sits on the Eastern Caribbean Supreme Court, a regional judicial authority, in her ruling said sections 12 and 15 of the country’s Sexual Offenses Act 1995 “are unconstitutional as they contravene” Antigua and Barbuda’s constitution.
“Section 12 of the Sexual Offences Act 1995 offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex, in so far as section 12 of the Sexual Offenses Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage in consensual sexual intercourse per anum in private, and to the extent of that inconsistency section 12 of the Sexual Offences Act 1995 is void,” said Robertson.
Robertson in her decision said section 15 of the Sexual Offenses Act 1995 “offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex, in so far as section 15 of the Sexual Offenses Act 1995 is inconsistent with the rights of persons sixteen (16) years and older to engage consensually and in private in the sexual acts described in section 15(3), and to the extent of that inconsistency section 15 of the Sexual Offenses Act 1995 is void.”
Orden David, a gay man who works for the Antigua and Barbuda Health Ministry and is the executive director of Meeting Emotional and Social Needs Historically (MESH) Antigua and Barbuda, a support group for LGBTQ and intersex people in the country, and Women Against Rape, an NGO that works with those who are impacted by gender-based violence, formally challenged the law.
“This judgment is a significant milestone in the history of Antigua and Barbuda,” said Women Against Rape President Alexandrina Wong on Wednesday during a virtual press conference at the Eastern Caribbean Alliance for Diversity and Equality (ECADE), a regional LGBTQ+ and intersex rights group, organized.
“Members of the LGBT community and consenting adults who choose to engage in intimacy can now breath a sigh of relief because at least there is safety under the law,” added Wong.
ECADE Executive Director Kenita Placide, who is based in St. Lucia, during the press conference, described the ruling as a “landmark decision.”
“The process of litigation is important, as it underscores how these laws contribute to the stigmatization of LGBTQI people, how they legitimize hate speech, discrimination and violence and tears at the fabric of our society,” said Placide in a statement. “Our governments have sworn to protect and uphold the rights of all and act in a manner that promotes the prosperity and well-being of all. This judgment is in keeping with this commitment.”
Antigua and Barbuda Sen. Aziza Lake also welcomed Tuesday’s ruling.
“It is a long-overdue development,” Lake told the Washington Blade. “The government has no business in the bedrooms of consenting adults.”
Colonial-era laws that criminalize homosexuality remain in place in St. Lucia and other former English colonies in the Caribbean.
The Belizean Court of Appeal in late 2019 upheld a ruling that struck down the country’s sodomy law. A judge in the Trinidad and Tobago High Court 2018 struck down its statute that criminalized consensual same-sex sexual relations.
The Inter-American Commission on Human Rights last year in a landmark decision said Jamaica must repeal its sodomy law. ECADE noted similar cases have been filed in St. Lucia, Barbados and St. Kitts and Nevis.
Then-British Prime Minister Theresa May 2018 said she “deeply” regrets colonial-era criminalization laws the U.K. introduced. Nick Herbert, a member of the British House of Lords who currently advises embattled Prime Minister Boris Johnson on LGBTQ+ and intersex issues, last December told the Blade during an interview in D.C. that his country has a “historic responsibility for these laws and their legacy.”
“Great news from Antigua and Barbuda as the Eastern Caribbean Supreme Court strikes down laws criminalizing consensual same-sex activity,” tweeted Herbert on Wednesday. “[It is a] historic achievement for the people of Antigua and Barbuda and another welcome step forward for LGBT+ rights globally.”
The Associated Press reported the Antigua and Barbuda government has yet to announce whether it will appeal Robertson’s ruling.
Glenroy Murray, executive director of J-FLAG, a Jamaican LGBTQ+ and intersex rights group, Wednesday, told the Blade he remains hopeful the decision will resonate throughout the region.
“I am excited to see Antigua and Barbuda have this ruling and I am hopeful for what this will mean for the rest of the eastern Caribbean, given the similarities of their constitutional framework,” said Murray. “The ruling demonstrated how the strategic litigation in other parts of the Caribbean have led to positive impacts and that trend bodes well for LGBTQ+ rights in the region overall.”
Murray further noted the ruling “will not directly impact the current challenge to Jamaica’s anti-sodomy laws, which has lingered far too long in our courts.” Murray added, “it definitely sends a positive signal to our legislators that times are changing in the Caribbean.”