Dominica High Court Overturns Anti-LGBTQ+ Laws

• ECADE and DESEA welcome win for LGBTQ+ in Dominica

The Eastern Caribbean Alliance for Diversity and Equality (ECADE) has welcomed the ruling by the High Court in Dominica that ruled that the island’s laws criminalising same sex activity between consenting adults to be unconstitutional.

“This impactful decision makes Dominica the latest Caribbean nation to champion equal rights and inclusivity for all its citizens,” it said adding that the ruling affirms the constitutionally protected freedom of expression and the equal right to privacy for lesbian, gay, bisexual, transgender and queer(LGBTQ+) people in Dominica.

“We at ECADE share in the joy and relief of the positive outcomes of this case and consider it a step in the right direction for the equality and inclusion of the LGBTQ+ community within Dominica and the wider eastern Caribbean,” said ECADE’s executive director.

ECADE said it would continue to persistently pursue its mission by engaging in LGBTQ+ advocacy and litigation.

“The regional alliance relentlessly strives to influence policies to secure justice, and increase protection for lesbian, gay, bisexual, transgender and queer people across the eastern Caribbean,” it added.

The Dominica Equality & Sexual Expression Association (DESEA) also commented on the High Court ruling with its executive director, Sylvester Jno. Baptiste, saying “it is long past time that the dignity and dreams of all Dominicans were recognized. We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.

“Dominica should draw on the abilities, goals, and desires of all of its residents. Gay men and women in Dominica deserve to pursue their aspirations with the same rights and protections as all Dominicans,” he added.

On Monday, the High Court ruled that two sections of the Sexual Offenses Act (SOA) contravene the Dominica Constitution.

Section 14 is a sweeping law criminalizing gross indecency which is defined as any act (other than penile-vaginal sex) by anyone “involving the use of the genital organs, breast or anus to arouse or gratifying sexual desire.”

The maximum penalty is 12 years in prison, if the act is committed with a person aged 16 or older, while section 16 of the Act criminalizes buggery, which the Act defines as anal sex between two men or between a man and a woman.

The maximum penalty is 10 years imprisonment plus the possibility of forced psychiatric confinement.

In her 40 page ruling, Justice Kimberly Cenac-Phulgence, agreed ruling that the two sections  contravened Sections 1 and 10 of the Dominica Constitution and their rights to liberty as enshrined in the Constitution.

The lawsuit was brought by an un-named “gay individual” identified only as “BG” against the Attorney General, the Bishop of Roseau, The Methodist Church and the Anglican Church. The Dominica Association of Evangelical Churches was listed as an interested party.

None of the respondents has issued any statement following the High Court ruling.

ECADE said in declaring void sections 14 and 16 of the Sexual Offences Act, the ruling aligns with the current regional achievements  of repealing anti-LGBTQ+ laws.

“This win is welcomed, following the disheartening outcome of a similar case in the High Court of Saint Vincent and the Grenadines in February, 2024. However, there is a general positive trend in litigation across the Caribbean. Thus far, five Caribbean countries have repealed laws that criminalised consensual same-sex relations between adults. ”