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St. Kitts and Nevis sodomy law struck down

Judge ruled colonial-era statute unconstitutional

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(Photo by Bigstock)

A judge on Monday ruled a law that criminalize consensual same-sex sexual relations in St. Kitts and Nevis are unconstitutional.

Justice Trevor M. Ward of the High Court of Justice in St. Kitts and Nevis struck down Sections 56 and 57 of the country’s Offenses Against the Person Act.

“Section 56 of the Offenses Against the Person Act, Cap. 4.21 contravenes Sections 3 and 12 of the Constitution of the Federation of Saint Christopher and Nevis, namely, the right to protection of personal privacy and the right to freedom of expression, and, as such, is null and void and of no force and effect to the extent that it criminalizes any acts of constituting consensual sexual conduct in private between adults,” said Ward in his decision.

Ward further said Section 57 of the law violates “the right to protection of personal privacy and the right to freedom of expression” in the country’s constitution.

Jamal Jeffers, a gay man, and the St. Kitts and Nevis Alliance for Equality, a local LGBTQ and intersex rights group, challenged the law.

“This decision strongly establishes that a person’s sexuality should never be the basis for any discrimination,” said St. Kitts and Nevis Alliance for Equality Executive Director Tynetta McKoy in a press release the Eastern Caribbean Alliance for Diversity and Equality, a regional LGBTQ and intersex rights group, released on Monday. “We welcome the recognition of this fact, one for which we have long advocated.” 

A judge in July struck down Antigua and Barbuda’s colonial-era sodomy law.

The Belizean Court of Appeal in 2019 upheld a ruling that struck down the country’s sodomy law. A judge on the Trinidad and Tobago High Court in 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. Similar cases have been filed in Barbados and St. Lucia. 

Then-British Prime Minister Theresa May in 2018 said she “deeply” regrets colonial-era criminalization laws the U.K. introduced. Nick Herbert, a member of the British House of Lords who advises outgoing Prime Minister Boris Johnson on LGBTQ+ and intersex issues, last December told the Washington Blade during an interview in D.C. that his country has a “historic responsibility for these laws and their legacy.”

“[Of] the seven Caribbean and 34 Commonwealth countries that criminalized same sex intimacy, this is the second to strike down these discriminatory laws in 2022,” said Eastern Caribbean Alliance for Diversity and Equality Executive Director Kenita Placide on Monday in their organization’s press release. “Our strategy has been multilayered; working with activists on the ground, our colleagues, friends, allies and family. This win is part of the transformative journey to full recognition of LGBTQ persons across the OECS (Organization of Eastern Caribbean States.) It is a definitive yes to change, yes to privacy, yes to freedom of expression, and we are happy to be part of this historic moment.”

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Caribbean

Dutch Supreme Court rules Aruba, Curaçao must allow same-sex couples to marry

Ruling likely also applicable to St. Maarten

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Curaçao is one of the constituent countries in the Caribbean that are part of the Netherlands. The Dutch Supreme Court on July 12, 2024, ruled Curaçao and Aruba must extend marriage rights to same-sex couples. The ruling will also apply to Sint Maarten. (Washington Blade photo by Michael K. Lavers)

The Dutch Supreme Court on Friday ruled Aruba and Curaçao must extend marriage rights to same-sex couples.

The Joint Court of Justice of Aruba, Curaçao, St. Maarten and of Bonaire, St. Eustatius, and Saba in 2022 ruled in favor of marriage equality in two cases that Fundacion Orguyo Aruba and Human Rights Caribbean in Curaçao filed.

The governments of the two islands appealed the ruling.

The Joint Court of Justice of Aruba, Curaçao, St. Maarten and of Bonaire, St. Eustatius, and Saba has jurisdiction over Aruba, Curaçao, and St. Maarten —three constituent countries within the Netherlands — and Bonaire, St. Eustatius, and Saba — which are special municipalities within the kingdom. 

Same-sex couples have been able to legally marry and adopt children in Bonaire, St. Eustatius, and Saba since 2012.

Aruba, Curaçao, and St. Maarten must recognize same-sex marriages from the Netherlands, Bonaire, St. Eustatius, and Saba. Aruba’s registered partnership law took effect in 2021.

“Today, we celebrate a historic victory for the dignity and rights of LGBT individuals in Curaçao and Aruba,” said Human Rights Caribbean President Janice Tjon Sien Kie on Friday in a statement.

Aruban Sen. Miguel Mansur, who is gay, on Friday described the ruling to the Washington Blade as “an amazing victory which applies to Aruba, Curaçao, and by implication St. Maarten.”

“Aruba progresses into a society with less discrimination, more tolerance, and acceptance,” he said.

Melissa Gumbs, a lesbian St. Maarten MP, told the Blade the ruling “could very well have some bearing on our situation here.” 

“I’m definitely looking into it,” she said. “We’re researching it to see what is the possibility, and also in touch with our friends in Aruba who are, of course, overjoyed with this ruling.”

Cuba, Puerto Rico, the U.S. Virgin Islands, St. Martin, St. Barts, Martinique, and Guadeloupe, are the other jurisdictions in the Caribbean in which same-sex couples can legally marry. 

Mansur said the first same-sex marriages in Aruba will happen “very soon.”

“There are two couples ready to wed,” he told the Blade.

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Caribbean

Black transgender woman from Chicago disappears in the Bahamas

Taylor Casey last seen on June 19 on Paradise Island

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Taylor Casey (Photo courtesy of Facebook)

A Black transgender woman from Chicago disappeared last month while attending a yoga retreat in the Bahamas.

flyer the Royal Bahamas Police Force has distributed says Taylor Casey, 42, was last seen on June 19 on Paradise Island, which is adjacent to Nassau, the country’s capital.

Casey’s family in a press release said employees at the Sivanandra Ashram Yoga Retreat she was attending reported her missing on June 20 “when she failed to attend that day’s classes.” 

Casey’s mother, Colette Seymore, traveled to Paradise Island after her daughter disappeared.

The press release, which advocates in Chicago released ahead of a press conference on Thursday, notes “a search of the area and conversations with the Bahamian authorities left Ms. Colette Seymore with more questions than answers.”

Thursday is Casey’s 42nd birthday.

Seymore is among those who spoke at Thursday’s press conference.

“My child has been missing for almost three weeks,” said Seymore in the press release. “My family, friends, and I are distraught! I am pleading with everyone to call your elected officials and demand the FBI lead this investigation and bring her home safe and sound.”

The Windy City Times described Casey as “a fixture of Chicago’s transgender community and a beloved youth advocate.” Casey has also practiced yoga for 15 years, and went to the retreat “as part of a long-term goal to deepen her yoga practice.”

“She was excited to be participating in the yoga teacher training program and looking forward to sharing her experience with others when she returned,” noted a second press advisory her family released this week.

The Nassau Guardian, a Bahamian newspaper, on June 27 reported authorities found Casey’s cell phone in the ocean, but her other belongings were still in her room at the retreat. 

A spokesperson for Taylor’s family told the Washington Blade they have reached out to the State Department and the U.S. Embassy in the Bahamas for assistance. Eyewitness News Bahamas, a Bahamian newscast, on June 28 reported the Federal Bureau of Investigation is working with Bahamian authorities to investigate Taylor’s disappearance.

The Bahamas Organization of LGBTI Affairs has also offered its support to Taylor’s family and assistance to authorities.

“There is still hope,” Alexus D’Marco, the group’s executive director, told Eyewitness News Bahamas. “They’re just looking for that piece of hope and to have some closure to finding their loved one.” 

D’Marco also called for Bahamian authorities to do more to investigate missing persons’ cases in the country.

“A human being is missing, and that is the whole thing about this,” she told Eyewitness News Bahamas. “Regardless of her gender identity, being identified as a trans person, she’s still a human being and she’s still a visitor to our shores.” 

Anyone with information about Casey’s disappearance can call the Royal Bahamas Police Force’s Criminal Investigation Department at (242) 502-9991, (242) 502-9975, or (202) 502-9976.

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Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “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 is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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