Caribbean
St. Vincent and the Grenadines judge dismisses challenges to country’s sodomy laws
‘Freedom and equality are worth fighting for’
A judge on St. Vincent and the Grenadines’ top court on Friday dismissed two cases that challenged the country’s sodomy laws.
Two gay men from St. Vincent, the country’s main island, in 2019 challenged laws that criminalize consensual same-sex sexual relations. High Court Justice Esco Lorene Henry on Friday dismissed the two cases.
Sean Macleish, one of the two plaintiffs who lives in the U.S., expressed disappointment in the decision.
“I am disappointed with the judge’s ruling and will be discussing our options with my legal team because freedom and equality are worth fighting for,” Macleish told the Washington Blade on Friday in an email.
Jeshua Bardoo, a lawyer who founded Equal Rights, Access and Opportunities SVG, a Vincentian advocacy group, said Friday is a “sad day for LGBTQ+ rights in Saint Vincent and the Grenadines.”
“Internationally and regionally, laws similar to those challenged in these cases have been declared unconstitutional and in violation of the rights of LGBTQ+ persons,” said Bardoo in a press release the Eastern Caribbean Alliance, a regional LGBTQ rights group, issued. “These archaic and draconian colonial laws, though not strictly enforced, symbolically denigrate LGBTQ+ persons as second-class citizens in their own country and perpetuate prejudice and stigma against them.”
Outright International Executive Director Maria Sjödin also criticized the ruling.
“The rejection of the bid to decriminalize same-sex conduct in Saint Vincent and the Grenadines is a huge disappointment and significant setback for LGBTQ rights in the country,” said Sjödin. “We urge the government to reconsider its position and take meaningful steps towards ensuring the full protection and dignity of all citizens, regardless of their sexual orientation or gender identity.”
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 ruled Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it.
Caribbean
Dutch Supreme Court rules Aruba, Curaçao must allow same-sex couples to marry
Ruling likely also applicable to St. Maarten
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.
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” 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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