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
A vice president marches by our side
New exhibit explores Pride in the 2020s and asks what’s to come
A photograph can change how we understand ourselves. In Rainbow History Project’s exhibit “Pickets, Protests, and Parades: The History of Gay Pride in Washington,” one pairing does exactly that: 10 Washingtonians in their Sunday best picketing the White House in 1965, and, a few panels later, Vice President Kamala Harris in a “Love is Love” Tshirt marching down Pennsylvania Avenue for Capital Pride in 2021. Between those two moments—anxious, buttonedup defiance on one side of the White House fence and a sitting vice president cheering among rainbow flags on the other—lies the story this exhibit tells.
Last year, we stretched that story along Freedom Plaza for WorldPride 2025, just three blocks from the White House. Over seven weeks, visitors from around the globe walked a timeline that showed how a small, risky White House picket helped ignite six decades of increasingly visible, intersectional Pride in the nation’s capital. They met organizers who insisted that gay history did not start at Stonewall, and that D.C. has been a laboratory for LGBTQ resistance since at least that first 1965 picket.
This June, as part of Dupont Underground’s “Matters of Pride” programming, we’re inviting you back underground to revisit what we showed the world last year—and to look harder at what it asks of us now. The tunnels below Dupont Circle will host the early eras of the exhibition: the White House picket; block parties at Lambda Rising bookstore, the first National March for Lesbian and Gay Rights in 1979 that brought more than 100,000 people onto the Mall; and the first D.C. Pride march that began at Howard University, led by BIPOC activists who carried every part of their identities into the streets.
Seen together, these moments make the theme “A Vice President Marches By Our Side” less about a single VIP participant and more about a changing relationship between our movements and the state. In 1965, picketers carefully followed dress codes to appear “employable” enough to be heard at all. By 1979, marchers filled the National Mall with banners that linked sexuality to feminism, racial justice, and antiwar activism. By the 2020s, a vice president could show up at Capital Pride, call for the Equality Act, and speak explicitly about protecting trans youth and communities of color. None of those shifts were guaranteed. All of them were built, step by step, by people who kept organizing whether or not anyone in power joined them.
The reinstall is also a chance to notice details you may have rushed past on a crowded WorldPride weekend: a handlettered sign demanding federal jobs in 1965; a quote from a 1970s organizer about the sheer relief of dancing in public; a photograph of local pioneers like SaVanna Wanzer, the founder of D.C. Trans Pride and Black Trans Pride, whose work helped make today’s Pride more fully trans inclusive even as Black trans folx remain under attack. These are not just artifacts; they are reminders of how much was risked so that we could take Pride for granted at all.
We are reinstalling this exhibit at a moment when very little about the future feels guaranteed. America’s 250th birthday is around the corner, and national debates over whose stories “belong” in the classroom, the public square, or in the archives, are already shaping policy. In that context, going back to the origins of D.C. Pride is more than nostalgia. It is a strategy lesson. The 1960s picketers, the 1979 marchers, the BIPOC activists leaving an intersectionality conference at Howard and marching to the Mall—all of them faced hostile climates, limited resources, and no certainty of success. Yet they showed up anyway, and in doing so, they expanded what was imaginable.
That is why, at the end of the reinstall, the exhibit turns back on you. The final section, “The Next 60 Years of Pride,” remains intentionally unwritten. Instead, you will find a simple question on the wall: “What will you do?” Visitors will have the chance to add their own commitments—large or small—to the story: what they will march for, organize for, or quietly sustain in the years ahead.
A vice president once marched by our side. This month at Dupont Underground, we are asking something both humbler and more radical: after everything we have learned from the past six decades of Pride in Washington, who will you be standing with, and what will you be brave enough to do next?
In conjunction with WorldPride 2025 the Rainbow History Project exhibited “Pickets, Protests, and Parades: The History of Gay Pride in Washington.” More than two years of planning resulted in seven weeks of outdoor education, centering the voices of Pride’s organizers. In the final of the 10 themes, we discuss “A Vice President Marches By Our Side,” about what Pride looked like in the 2020s and asking about Pride in the years to come.
Vincent Slatt volunteers as the senior curator at the Rainbow History Project.
Opinions
Leaving for a barge trip through canals of Burgundy
Nervous about European reactions to Americans given Trump’s war in Iran
As those who read my columns know, I love cruising, the kind you do on water. I have had many different cruise experiences, including sailing through the Galapagos and the Norwegian fjords. This time, I will be doing something a little different and am off on a new adventure. With 18 others, will be on a barge for six days, going from Lyon to Paris, through the canals of Burgundy. Each day will bring a new adventure. We will be embarking in Besancon, and traveling to Beaune, Arc-et-Senans, Dole, Saint-Jean-De-Losne, Seurre, Chalon-Sur-Saone, and then disembarking in Auxerre, en route to Paris. Of the 18 people, four are friends from D.C. and Rehoboth Beach. I look forward to meeting the other travelers.
I leave for Paris on June 8 and made arrangements for a car in Paris to take me to the Gare De Lyon, to board a fast train to Lyon. A quick two-hour trip. In Lyon I will head to the hotel for a welcome dinner, where I will meet our guide and other travelers. This is a Gate 1 adventure booked by my friends at My Lux Cruise. We will be spending two days in Lyon before boarding the MS Daniele, built in 2016. It is modern, with space for both indoor and outdoor dining, a small lounge, the requisite bar, and very simple staterooms. Mine will have two single beds. Can’t forget the hot tub on the bow. I will be writing a blog during my trip, which will be published in the Blade, likely after my return. I will post pictures during the trip on social media. After six days on the barge, we arrive in Paris, where I will spend a couple of days with good friends. One planned excursion is to see the rebuilt Notre Dame.
I will be away from D.C. on June 16, primary day. Since for the first time there will be ranked choice voting, it is possible we won’t know who wins until I get back on June 19. I hope everyone votes, and urge you to vote, as I already have, for Kenyan McDuffie for mayor. His main opponent, Janeese Lewis George, clearly doesn’t understand how D.C. government really works. She is trying to emulate NYC Mayor Mamdani with promises, but hers won’t happen. We don’t have a governor, and state legislature, to help. Our governor is in essence the felon in the White House, and our state legislature is the Congress. They won’t be helping. In addition, George has claimed the endorsement of an antisemitic organization, DSA, and is going to birthday parties for a guy who calls gay men like me ‘fags’ and says they shouldn’t be teaching his children in the public schools. The winners of the Democratic primary races will determine how D.C. moves forward. It really makes a difference.
The world is a different place today than it was just a short 18 months ago, when the felon began his second term. This is the first time I will be out of the country since he began this illegal war with Iran, plunging the world into chaos. I wonder what the reception for an American will be in Europe these days. I remember back when Ronald Reagan was first elected, which was the last time in my travels, before Trump, I felt compelled to apologize for my country. At that time people would actually come up to me and ask, what did America do, and why? Yet as bad as times seemed then, they were nowhere as bad as they are today. The felon in the White House has made life so much worse for people around the world. Europeans have seen him get on his knees to Putin, and screw Ukraine. Now with this illegal, and unnecessary, war in Iran, he is impacting their lives directly. Fuel prices are rising dramatically, and there is a drastic shortage of jet fuel, causing cuts in flights. They see him work hand-in-hand with the war criminal, Netanyahu, in Israel. They see how he simply wants to enrich himself with things like his ‘Board of Peace,’ and in the long run, screw the Palestinian people. It will be interesting to hear how Europeans feel about all this. I look forward to listening to them. All I can say in response is I didn’t vote for Trump and will continue to demonstrate, and write against him, as often as I can.
Putting politics aside, which is hard to do these days, I am excited about this new adventure, and look forward to sharing some of my experiences with you.
Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.
Opinions
Barney Frank’s powerful legacy for LGBTQ federal employees
The ‘Great Gay Communicator’ deserves respect
Former Congressman Barney Frank, who died last week, was dogged during his life over being gay. The self-proclaimed only “left-handed, gay, Jewish congressman,” in Congress deserved better.
Frank’s perseverance paved the way for others. With wit and intelligence, he helped educate Americans about sexuality. As a federal employee and a member of the Federal Gay, Lesbian or Bisexual Employees (GLOBE), a government-wide organization founded by Dr. Len Hirsch, I saw Frank’s unforgettable speaking style when he was a guest speaker at our monthly events.
Frank’s detailed presentations about federal employment policies were not recorded. The only record of them, edited by Dr. Hirsch and other members of the GLOBE board, is in the minutes of the GLOBE meetings. I held several positions in GLOBE, including secretary, assistant newsletter editor, and as an elected member of the board. I drafted the minutes of the meetings.
GLOBE’s minutes were edited to protect the identity of federal employees. This was important because then-U.S. Sen. Jesse Helms (R-N.C.) attempted to obtain the minutes. Helms felt LGBT advocacy in the federal workplace was an illegal form of political activity. GLOBE was also concerned that the minutes would be illegally accessed and forwarded to Helms or used to blackmail federal employees. GLOBE’s minutes are preserved at the National Archives.
When I was named Gay, Lesbian, Bisexual Program Manager at the Department of Agriculture in 1993, I immediately notified Frank’s office of my appointment. After a federal newsletter published an article about a speech I gave, Helms accused me of using government resources to support “a homosexual agenda.” During several hours on the evening of July 19, 1994, Helms told the Senate and C-SPAN’s television audience that LGBT federal employees had their minds in their crotches. He called LGBT federal employees “perverts.”
Helms had government documents that described the position of “Gay, Lesbian, Bisexual Program Manager.” It was a program that used the incendiary words “promote” and “recruit” homosexuals. It was a huge mistake for government bureaucrats to have written such a program. Helms published it in the Congressional Record. Frank helped us through this battle and others.
Aside from Frank, there were other LGBT members of Congress in the 1990s. Gerry Studds (D-Mass.), Steve Gunderson (R-Wisc.), and James Kolbe (R-Ariz.). Studds was censured for an affair with a 17-year-old male page in the House. Gunderson was publicly outed by a fellow House Republican. Kolbe was subject to sexual accusations.
Among these gay congressmen, Frank weathered a hostile media, personal scandal, and vicious attacks from his Republican colleagues. In 1995, former Texas GOP House Majority Leader Dick Armey was caught referring to Frank as “Barney Fag.” His apology was grudging.
“I rule out that it was an innocent mispronunciation,” responded Frank. “I turned to my own expert, my mother, who reports that in 59 years of marriage, no one ever introduced her as Elsie Fag.”
After celebrating his 72nd birthday, Frank married his longtime partner. He successfully worked to place marriage equality into the 2012 Democratic platform, which President Obama endorsed.
Still, Frank was dogged by homophobia. The Tea Party’s Doug Mainwaring called Frank’s wedding “a mockery, a parody, a staggering caricature of the most fundamental and towering of American institutions.”
In an interview with Washingtonian magazine, Frank said he “hates being classified as ‘the gay congressman,’” as his legislative accomplishments go beyond gay rights. He co-sponsored the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.
Frank will especially be remembered in Washington for his sharp wit. He once referred to advocating for gay marriage legalization as “cruising for gay rights.” He wrote devastatingly funny op-ed pieces, notably for the Washington Post.
Though Frank may not have wanted to be known as a gay congressman, when he spoke, the LGBT community listened. He was the Great Gay Communicator. Barney Frank deserved respect. May his memory be a blessing.
James Patterson, a life member of the American Foreign Service Association, is a writer and communications consultant in the D.C. area.
