Opinions
The road to decriminalization in Sri Lanka
Country’s Supreme Court this month ruled in favor of MP’s bill

Thanks to its colonial legacy, Sri Lanka is one of 67 countries in the world that still criminalizes same-sex sexual relations among consenting adults. Sections 365 and 365A of Sri Lanka’s Penal Code state that “carnal intercourse against the order of nature” (in other words, any type of sex that is considered unnatural) and “acts of gross indecency” are criminal offenses punishable by law, carrying a sentence of up to 10 years. While they do not specify that these offenses pertain to same-sex sexual relations anymore, they are most often used against the lesbian, gay, bisexual, transgender, intersex and queer/questioning (LGBTIQ) community. In addition, the Vagrancy Law and Section 399 of the Penal Code regarding “cheating by personation” (referring to impersonation) are also used against the LGBTIQ community in Sri Lanka, particularly against transgender individuals.
For eons, criminalization has led to arbitrary arrests, inhumane forceful anal examinations, degrading treatment etc. It has sanctioned discrimination, stigmatization, denial of basic human rights, harassment and violence towards LGBTIQ community by state officials in the criminal justice system and unfortunately by the wider public as well. This has led to social and economic marginalization and to the exclusion of LGBTIQ individuals and groups from vital services. EQUAL GROUND, the oldest and one of the truly diverse organizations in Sri Lanka, has been fighting relentlessly for over 19 years to decriminalize consenting same-sex relationships. This has been a roller coaster ride where EQUAL GROUND encountered political and social backlash, tackled online and offline threats, hate comments etc., but it has never given up. As they say, “Rome wasn’t built in a day, but they were laying bricks every hour.” Rather, the attacks and barriers motivated EQUAL GROUND to stand firmly and continue fighting the good fight. Due to its relentless hard work and support from allies, the international community and like-minded organizations, finally we are seeing decriminalization firmly on the table — something which seemed so far-fetched only a couple of years back.
As mentioned earlier, the criminalization of same-sex sexual conduct in Sri Lanka has its origins in 19th century British colonial law. Introduced in 1883, section 365A originally criminalized “any act of gross indecency” between males. In 1995, when reforming the Penal Code — due to a private members bill in 1995 — the government ignored recommendations to repeal the provision and instead amended Section 365A from “male person” to “person,” bringing lesbian and bisexual women within its remit. Consequently, lesbian, bisexual, transgender and queer (LBTQ) women in Sri Lanka are extremely vulnerable to harassment, violence and discrimination by State actors and by society at large. At the same time, it perpetuates and reinforces the widespread societal stigma against LBTQ women, giving license to harassment and discrimination in employment, housing, education, health care and family relations, to name a few. Realizing and experiencing such discriminatory treatment, in 2018 Rosanna Flamer-Caldera, executive director of EQUAL GROUND (with the support of Human Dignity Trust) challenged the criminalization of lesbians and bisexual women in Sri Lanka by submitting a communication to the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) under the Optional Protocol in August 2018. This move was the first steppingstone towards initiating the process and talk of decriminalization. This ground-breaking case was the first time CEDAW considered an individual complaint relating specifically to the criminalization of lesbian and bisexual women. Flamer-Caldera sought a wide range of remedies, beginning with the repeal of criminalization of same-sex consensual relationships between adult women which is contrary to the Convention. She also sought amongst other things, the wider decriminalization of consensual same-sex activity in private between adults and effective protection from gender-based violence against women based on the intersection of their sex and sexual orientation.
After years of struggle, finally in February 2022, the CEDAW committee ruled the judgment in Flamer-Caldera’s favor. The committee decided that Rosanna Flamer-Caldera’s rights had been violated by the criminalization of same-sex sexual intimacy in Sri Lanka. Moreover, the CEDAW committee urged the government to decriminalize same-sex sexual relations.
In August 2022 Parliamentarian and lawyer Premanath C. Dolawatte presented to Parliament a Private Member’s Bill to amend Sections 365 and 365A of the Penal Code of Sri Lanka with the aim of ensuring the rights of the LGBTIQ community. The bill was subsequently handed over to President Ranil Wickremesinghe where he stated that the government will not oppose the amendment. Dolawatte, at a public forum inclusive of major political parties including the Samagi Jana Balawegaya and Ceylon Workers’ Congress, also stated that he was hopeful that a majority of MPs in the House would support his bill and join the effort to protect the rights of the LGBTIQ community. A revised version of this gill was gazetted and presented to Parliament in March and April 2023 respectively.
In September 2022, EQUAL GROUND was invited by MP Buddhika Pathirana (SJB) to put together a discussion on LGBTIQ inclusion, following which a proposal was made and accepted to (a) the Samagi Jana Balawegaya’s (SJB) National Reforms Committee to incorporate LGBTIQ rights in their party manifesto, (b) sensitize SJB parliamentarians and politicians on sexual orientation and/or gender identities/expressions (SOGIE) issues. This discussion was attended by LGBTIQ activists, lawyers, healthcare professionals, business personnel as well as politicians from the SJB party including the party leader Mr. Sajith Premadasa, who is also the current leader of the opposition.
In December 2022, EQUAL GROUND submitted the Universal Periodic Review (UPR) report (4th cycle), in collaboration with the Center for International Human Rights of Northwestern Pritzker School of Law in Chicago. In this joint submission, as remedial measures EQUAL GROUND sought to decriminalize consensual same-sex sexual conduct by repealing Penal Code Section 365 and 365A and ensuring that Penal Code Section 399 and the Vagrants Ordinance are not misused to target LGBTIQ persons. In February 2023, at the U.N. Human Rights Council’s Universal Periodic Review Working Group session (42nd session), the U.S., the U.K., Canada, New Zealand and Norway, among others, urged Sri Lanka to decriminalize same-sex relationships. Responding to all the recommendations, Minister of Foreign Affairs, President’s Counsel (PC) M.U.M. Ali Sabry assured that the government would work towards decriminalization, however same-sex marriage would not be legalized. Referring to the Private Member’s Bill, he stated that the government will support its position of decriminalizing same-sex relationships.
A petition was presented to the Supreme Court in April this year challenging the constitutionality of the bill to amend the Penal Code. After hearing more than a dozen petitions on both sides of the argument, the Supreme Court has determined that a private member’s bill seeking the decriminalization of homosexuality is not inconsistent with the Constitution. The decision is seen as a historic development that has created hope towards real change. Activists will still have to lobby for support from the 225 parliamentarians to push forward the proposed legislation through Parliament; but it has opened the door of an inclusive and equal future where everybody will be able to enjoy their basic rights regardless of their sex, gender, sexual orientation, gender identity etc.
Both the president of Sri Lanka and the joint opposition has stated they will not oppose the bill. The next steps for it to eventually become legislation, is a vote with a simple majority at Parliament to see this through.
This Supreme Court decision in early May 2023 is major for the community in terms of any kind of progress they have seen over the last few decades.
On several occasions, the international community has urged the government to decriminalize consensual same-sex sexual conduct. For instance, in 2021 the European Union Parliament adopted a resolution with regard to the withdrawal of Sri Lanka’s GSP+ status given their concern over Sections 365 and 365A of the Penal Code that criminalize individuals with diverse sexual orientations and gender identities. Unfortunately, the EU dropped this condition from at the last moment granting GSP+ status to Sri Lanka. It was a severe blow to the LGBTIQ community and EQUAL GROUND who had lobbied at high levels within the EU and had been assured by the EU that indeed decriminalization would be an important condition of Sri Lanka’s GSP+ status.
LGBTIQ rights, from 2021 to until now, has seen some positive changes developing with national laws and policies.
According to EQUAL GROUND’s mapping study in 2021, approximately 12 percent of the Sri Lankan population identify themselves as LGBTIQ. Continuing to preserve Victorian, homophobic laws that penalizes individuals for who they are and/or for choosing a same-sex partner, violates their human rights as citizens of this country and drives the community underground to live in constant fear and in the shadows. Therefore, in order for Sri Lanka to be consistent with international standards of human dignity and rights, these laws can no longer be viewed with the moral standards that existed during the time of their creation. Rather, they have to be viewed in line with modern-day community standards based on the principles of human dignity and respect.
Rosanna Flamer-Caldera is the executive director of EQUAL GROUND.
Opinions
PDAB: A mysterious acronym that could affect your health
We must make medications affordable without sacrificing access

As the executive directors of LGBTQ+ advocacy orgs in nearby states, we share an unshakeable commitment to the wellbeing of our communities. This commitment drives us and our organizations to advocate for health care affordability and accessibility, whether for gender-affirming health care and HIV treatment, or simple prevention measures and non-discrimination. And, it is why we oppose giving unaccountable advisory boards the power to set prices, and therefore threaten access, to critical, life-saving drugs such as HIV treatment medication.
The LGBTQ+ community loves acronyms, but there’s one that we wish more people knew about: PDAB. A Prescription Drug Affordability Board is an appointed board that reviews the cost of some prescription drugs and determines if they are affordable. While this sounds good, the reality is that these boards may actually limit access to some important drugs, or even cause new affordability problems for patients. Plus, they have done little to consider patient or community input or demonstrate true accountability to the communities affected by their decisions – like our friends and family members living with HIV.
Our organizations continue to raise concerns about PDABs and their expansion because of our serious concerns about their potential impact on LGBTQ+ people and people living with HIV and other chronic conditions. In fact, Virginia’s governor recently vetoed a bill that would have created a prescription drug affordability board. In his veto statement, Gov. Youngkin said: “This legislation risks limiting patient access to essential medication by prioritizing costs over medical necessity. Affordability of prescription drugs is a critical issue, but this proposal would instead compromise patient welfare in the Commonwealth of Virginia.”
Maryland’s PDAB was created in 2019 and has yet to bring down costs, even for those in the state health plans. FreeState Justice advocated against expanding the board’s scope to potentially set “upper payment limits” or UPLs for drugs purchased by state and local government health plans. UPLs can easily backfire and decrease access for many patients. We are particularly concerned about the potential unintended consequences of actions by these boards.
Because LGBTQ+ communities are disproportionately affected by HIV, our organizations advocate for the rights, equality, and well-being of people living with HIV. Thanks to significant advancements in science and treatment, HIV is now a manageable chronic illness. But only if we maintain access to the medications that people living with HIV rely on.
Beyond HIV, LGBTQ+ people experience higher needs for health care and steeper barriers to access than other populations. Almost half, or 47 percent, of LGBTQ+ people have a medical condition that requires monitoring or medication. And, LGBTQ+ people are more likely to delay or go without care due to cost issues. That is why PDABs, and in particular, upper payment limits, could exacerbate health disparities for the LGBTQ+ community.
In the handful of states with PDABs, these boards have made decisions that impact patients living with chronic conditions, including HIV– often without considering comments from advocates, patients and providers, or the programs that support patients in accessing and affording these treatments.
Programs like the AIDS Drug Assistance Program and other supports help make the cost of HIV treatments affordable for patients. These programs were hard-won by advocates, who for years have held fast to the mantra: nothing about us, without us. This principle of HIV advocacy is directly opposite of what PDABs do: empower an appointed board of experts to make decisions about the affordability of HIV medications without any input from people living with HIV.
In February, the Oregon PDAB heard many stakeholder comments on the importance of preserving access to HIV treatment. Advocates explained how drug assistance programs work and why patients need access to as many treatment options as possible. Despite this strong testimony, the board chose to review an HIV medication, Odesfey, against community recommendations.
Today many communities including people living with HIV are concerned and fearful about the serious impacts of federal funding cuts to health care. State PDABs are a costly tool, and they have not produced the savings they promised. This is a moment to preserve access and stabilize the system, and avoid any changes that could jeopardize the care people need.
There’s so much at stake for our communities when it comes to access to health care. We do need to address the high cost of prescription drugs, but there are better ways to do it that earnestly incorporate community input and take a more comprehensive look at the complex health care system. Our organizations are ready to bring LGBTQ+ people and people living with HIV into the discussion. By bringing patients, healthcare providers, and policymakers to the same table, we can come up with better solutions that truly make medications affordable without sacrificing access. Our north star is clear: a healthcare system that listens to all voices and makes sure everyone gets the care we need to thrive.
Phillip Westry is executive director of FreeState Justice in Maryland and Narissa Rahaman is executive director of Equality Virginia.
Opinions
TRAITOR: Treasury Secretary Scott Bessent has blood on his hands
Nation’s highest-ranking gay public official is a MAGA sell out

It’s an odd dichotomy: President Trump appoints the highest-ranking openly gay government official in history in Treasury Secretary Scott Bessent, yet he launches cruel attacks on transgender Americans.
Make no mistake: Those attacks are claiming lives. Trans people are killing themselves. I know of one trans person who died by suicide on Election Night, overwhelmed by fear of the incoming administration. Trump’s attacks have driven trans Americans and their families to flee the country and move to Canada, as the Blade has reported.
None of this is hypothetical or melodramatic. It’s real life and happening everywhere.
And so when Bessent was confirmed as Treasury Secretary, I wrote an op-ed urging him to educate Trump about the plight of trans Americans and the destructiveness of the attacks on the community. I waited 90 days for some sign that Bessent has a heart or at least a modicum of decency but sadly, I must report that he does not.
The attacks on the LGBTQ community under Trump keep coming. Last week’s news that the U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1 is just the latest evidence that this administration doesn’t just dislike us — they want us dead.
“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” Trevor Project CEO Jaymes Black said in a statement.
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
Make no mistake: cutting this service will kill young LGBTQ people.
Just a couple of weeks earlier, Trump’s administration announced the Office of Infectious Disease and HIV/AIDS Policy would be gutted.
“In a matter of just a couple days, we are losing our nation’s ability to prevent HIV,” said HIV+Hepatitis Policy Institute Executive Director Carl Schmid.
And prior to that, Trump issued a series of executive orders targeting the trans community — restricting access to affirming healthcare, banning trans service members from the military, barring trans women and girls from playing sports, eliminating the “X” gender marker on passports, and barring students assigned male at birth from using women’s restrooms.
Let’s be very clear: When you deny someone the ability to use the bathroom, you deny their humanity.
So back to Scott Bessent, the billionaire hedge fund manager now running our economy into the ground. As many Trump protesters have noted: silence is complicity. And Bessent has been silent on all of these horrific attacks on trans Americans and their basic humanity. He is spineless and a traitor to the LGBTQ community.
Bessent runs the U.S. Treasury and reportedly has Trump’s ear on all matters related to the economy. He could easily push Trump in a better, more compassionate direction, yet there is no evidence he has done that.
“The LGBTQ+ community is counting on openly LGBTQ+ nominees like Scott Bessent to step up for the community,” said Human Rights Campaign President Kelley Robinson after the inauguration. Sadly, it’s become clear we cannot count on Bessent. As I wrote in January, Trump likes his queer people gay, white, cis, rich, and obedient.
Bessent has ignored the Blade’s interview requests. (And after this is published, I have no illusions he will change his mind.) The mainstream media, increasingly cowed by Trump, have failed to ask Bessent even the most basic questions about his views on trans equality and Trump’s attacks.
As a member of the LGBTQ community, Bessent has a responsibility to at least speak up on behalf of trans people who are suffering. But Republicans today have lost their spines. They genuflect before their Dear Leader, line their own pockets, and leave the rest of us to deal with the consequences.
The crisis is real. People are dying. Trans people especially are suffering. The rest of us must do what we can to mitigate that suffering and to speak out in defense of our trans friends.
Kevin Naff is editor of the Washington Blade. Reach him at [email protected].
Opinions
Congressional Equality Caucus should participate in WorldPride
Make bold statement about our commitment to LGBTQ rights

The Trump administration, by its actions, has already hurt WorldPride. By attacking trans people, they have gotten many nations to suggest to trans citizens they not come to the United States. Canada’s queer group has said it is advising its people not to come. It is sad in so many ways. But despite what the felon in the White House is doing, WorldPride will be a success. It can be a time to not only have fun, but to make a point to the administration and the world. What was the old saying, “We’re here, we’re queer, and we’re not going anywhere, so get used to it.” The LGBTQ community in the United States has made great strides since Stonewall in 1969, and there is no way we are going back into the closet.
One way we can make a strong statement is if every member of the Congressional Equality Caucus would come out and join hands with constituents from their state, who are coming to D.C. for WorldPride. Together, they can take a stand for equality. Together, they can make a statement about our country to the world; that the United States values and supports its LGBTQ community.
This year from May 17-June, we are anticipating huge crowds in Washington, D.C. for WorldPride. Let us together make sure they are all safe and that they have an exciting and fun time while here. But at the same time we should use this gathering to speak out, for our community here, and the LGBTQ community around the world.
We must show the felon in the White House, and his MAGA acolytes in Congress, and around the nation, all those who would keep us down, we can, and will, stand up for ourselves. We are only willing to move one way, and that is forward toward full equality. Many years ago, during the early fight for recognition of the HIV/AIDS epidemic, there was an event staged by the group ACT UP, called ‘hands around the White House.’ It is time to stage something like that again.
With all the attacks on the trans community, and as threats to the entire LGBTQ community continue, we need to stand together, and stay strong. We need to join with everyone else who is fighting back against the felon, and his Nazi sympathizing co-president, in the White House. To join in the demonstrations, fight back, and not fall for the distractions meant to take us from our goals. Those goals must include defeating every Republican in elections in 2025, and taking back Congress in 2026. I say every Republican, only because today there is no longer a rational Republican Party. That party has become a MAGA Party, or ‘Cult of Trump.’ That is sad, but it’s true. It is not up to Democrats, or independents, to change the Republican Party; it is up to us to ensure their defeat until they change themselves.
Until then we must work hard to elect Democrats across the nation. From school board, to county council, from statehouse to Congress. For the LGBTQ community that is the only way we will move forward on equality. It is the only way we can defeat those who want to ban books about our lives, and try to force us back in the closet. We must say a resounding NO to that.
We must vote for Democrats because history shows us, any other vote, a vote for a third party, helps Republicans win. The reality, like it or not, is today there are only two parties that can win a general election. Yes, in a few rare districts, a third party has won. But this is rare and let’s not take the chance of that happening if there isn’t a history in your state, or district, or community, where it happened in the past. Be smart! While you may not like everything the Democratic Party stands for, it has proven, its members stand for the rights of the LGBTQ community. The incredible progress since Stonewall has been because the Democratic Party has worked with the activists in our midst, to make that progress. Let’s not give up now and move backwards with the MAGA Party. Together, let’s retake our government, and continue to move forward until we have full equality. That must be the goal we join hands for, and pledge to work toward.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.