Caribbean
Jamaican Supreme Court upholds colonial-era sodomy law
Maurice Tomlinson challenged statute in 2015
The Jamaican Supreme Court on Friday ruled against a gay man who challenged the country’s colonial-era sodomy law.
Maurice Tomlinson, an activist from Montego Bay who now lives in Canada with his husband, in the lawsuit he filed in November 2015 notes the statute violates the right to privacy and other provisions of the Jamaican constitution. He also argues the sodomy law violates āthe right to protection from inhuman or degrading punishment or other treatment.ā
The Jamaica Coalition for a Healthy Society, the Lawyers’ Christian Fellowship, Hear the Children’s Cry and a group to which the ruling refers as “The Churches” defended the law. Tomlinson on Friday told the Washington Blade that all four of these entities “have American affiliates.”
“Thankful for the privilege of living in a country where my love isn’t illegal,” wrote Tomlinson on his Facebook page.
Jamaica is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.
Antigua and Barbuda, St. Kitts and Nevis, Barbados and Singapore last year decriminalized homosexuality.
The Mauritius Supreme Court earlier this month issued a ruling that struck down the country’s colonial-era sodomy law. Courts in Belize and Trinidad and Tobago in recent years have also struck down criminalization statutes in their respective countries.
The Caribbean Court of Justice in 2018 struck down a Guyana law that criminalized cross-dressing.
Tomlinson told the Blade that he can appeal the ruling to the Jamaican Court of Appeal and then to the Privy Council in London.
Jamaica gained independence from the U.K. in 1962, and a referendum on whether the country should remove the British monarch as head of state is expected to take place next year. The Privy Council is an appellate court for British territories, but it can hear appeals of Jamaican Court of Appeal rulings.Ā Ā
Caribbean
Dutch Supreme Court rules Aruba, CuraƧao must allow same-sex couples to marry
Ruling likely also applicable to St. Maarten
The Dutch Supreme Court on Friday ruled Aruba and CuraƧao must extend marriage rights to same-sex couples.
The Joint Court of Justice of Aruba, CuraƧao, 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 CuraƧao filed.
The governments of the two islands appealed the ruling.
The Joint Court of Justice of Aruba, CuraƧao, St. Maarten and of Bonaire, St. Eustatius, and Saba has jurisdiction over Aruba, CuraƧao, and St. Maarten āthree constituent countries within the Netherlands ā and Bonaire, St. Eustatius, and Saba ā which are special municipalities within the kingdom.Ā
Same-sex couples have been able to legally marry and adopt children in Bonaire, St. Eustatius, and Saba since 2012.
Aruba, CuraƧao, and St. Maarten must recognize same-sex marriages from the Netherlands, Bonaire, St. Eustatius, and Saba. Arubaās registered partnership law took effect in 2021.
“Today, we celebrate a historic victory for the dignity and rights of LGBT individuals in CuraƧao 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, CuraƧao, 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.
Caribbean
Black transgender woman from Chicago disappears in the Bahamas
Taylor Casey last seen on June 19 on Paradise Island
A Black transgender woman from Chicago disappeared last month while attending a yoga retreat in the Bahamas.
A 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.”
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”Ā with up to 10 years and 12 years in prison respectively.Ā The plaintiff argued the provisions violated his constitutional rights.Ā
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 JusticeĀ 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.”
āIt 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.ā
Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.
Antigua and Barbuda,Ā St. Kitts and Nevis,Ā Barbados,Ā andĀ Trinidad and TobagoĀ in recent years have decriminalized consensual same-sex sexual relations.Ā
The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The countryās Supreme Court last year ruled against a gay man who challenged it.
A judge on St. Vincent and the Grenadinesās top court in FebruaryĀ dismissedĀ two cases that challenged the countryās 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,ā said Outright Executive Director Maria Sjƶdin on Monday in response to the Dominica ruling. āThe 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.ā
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