A Caribbean court has ruled that a colonial-era law in Antigua and Barbuda criminalizing gay sex is unconstitutional and a landmark for campaigners.
The Eastern Caribbean Supreme Court ruled that “the selection of an intimate partner is a personal and personal choice.”
The ruling also said that the Twin Island Sexual Offenses Act of 1995 “is contrary to the right to liberty, the protection of the law, the freedom of expression, the protection of privacy and the protection against discrimination based on sex’.
It comes after a gay man who works for Antigua’s Department of Health and a local group called Women Against Rape Inc. (WARI) has called for the law to be reversed.
The legislation, in part, states that two consenting adults found guilty of having anal sex face 15 years in prison.
If found guilty of gross indecency, they face five years in prison.
The gay man testified that he has been persecuted and assaulted, a common complaint in the largely conservative Caribbean region.
The man also said that according to the ruling, patients have refused treatment from him because of his sexual orientation.
Meanwhile, WARI said concerns about confidentiality violations had prevented people in the LGBTQ+ community from seeking HIV testing or treatment.
The group also said LGBTQ+ people also often received hostile treatment from health care providers when seeking medical treatment.
Tuesday’s ruling isn’t the first time British colonial laws have been challenged in recent years.
Courts in Belize and Trinidad and Tobago have found such laws unconstitutional, while other cases in the region are pending.
The Eastern Caribbean Alliance for Diversity and Equality welcomed Tuesday’s decision, which came in a lawsuit that began in 2020 to challenge what it called “invasive and unconstitutional remnants of colonial law.”
The group’s executive director, Kenita Placide, said such laws “legitimize hate speech, discrimination and violence and tear the fabric of our society.”
The group said same-sex consensual intimacy is still punishable by law in seven Caribbean countries, adding that while sentences are rarely imposed, sentences range from 10 years to life imprisonment.
It said constitutional challenges are pending in Barbados, St. Lucia and St. Kitts and Nevis.
Speak with the timesTéa Braun, chief executive of the Human Dignity Trust, a campaign group based in London, welcomed the ban in Antigua.
“After nearly 150 years in the law books and destroying countless LGBT lives, these colonial legacy laws have finally found their rightful place in the history books,” she said.
Téa described the court’s decision as “a crucial victory for LGBT people in Antigua and Barbuda.”
Supreme Court Justice Marissa Robertson delivered her ruling, saying that “the Constitution is often described as a living instrument that offers great scope for the realization and enjoyment of the human rights of individuals.
“The rights that the document embraces and protects are capable of evolution as concepts, attitudes and understanding of human rights and dignity evolve over time.”
It is not clear whether the Attorney General of Antigua and Barbuda planned to appeal the decision.
Government officials were not immediately available for comment.
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