In a landmark decision for LGBTQ+ rights in the Caribbean, a regional Supreme Court has declared St Lucia’s ban on same-sex intimacy unconstitutional.
On Tuesday, the Eastern Caribbean Supreme Court (ECSC) struck down sections 132 and 133 of St Lucia’s Criminal Code, effectively decriminalising consensual same-sex intimacy between adults.
These colonial-era provisions provided for penalties of up to ten years in prison for men convicted of “acts of gross indecency” or of “buggery”.
The court confirmed that the laws criminalising private, consensual acts violate the fundamental rights to privacy, equality, and liberty, as guaranteed by St Lucia’s Constitution.
The ECSC serves as a superior court for several independent states and British Overseas Territories in the region, including the island nation of St Lucia.
A Victory for LGBTQ+ Rights and Dignity
“This historic ruling ends a harmful century-old colonial legacy and marks a significant step toward the respect and full recognition of LGBTQ people in St Lucia,” said Maria Sjödin, Executive Director of the LGBTIQ group Outright International.
“It is a testament to the courage of advocates across St Lucia and the Caribbean and will improve lives now and for generations to come. At a time of rising global hostility, this decision makes clear that discriminatory laws have no place in any society and that human rights must prevail,” Sjödin added.
The Eastern Caribbean Alliance for Diversity and Equality (ECADE) also applauded the court’s decision, calling it a historic moment for the region.
“This is a monumental step forward for St Lucia and the entire Caribbean,” said Kenita Placide, Executive Director of ECADE.
“The court’s decision finally affirms that our rights to privacy, dignity, and equality must be respected and protected. Decriminalisation is not the end of our work; it is the foundation for building a society where every LGBTIQ person can live openly, safely, and freely.”
Progress in Policy and Precedent
Outright International noted that St Lucia’s government had already taken important steps to uphold human rights, including the passage of an inclusive domestic violence law in 2022. This legislation recognises diverse families and explicitly prohibits discrimination in its application based on sexual orientation and gender identity.
The ruling follows similar constitutional LGBTQ+ rights victories in Antigua & Barbuda, St Kitts & Nevis, Barbados, and Dominica, creating a strong regional precedent for equality and human rights.
Setbacks Remain Despite Progress
While this ruling marks a major step forward, advocates stress that much work remains to ensure full protection and acceptance for LGBTQ+ people across the Caribbean.
In a disappointing development, Trinidad and Tobago’s Court of Appeal reversed a 2018 High Court ruling in April that had decriminalised homosexuality. The court cited a controversial constitutional clause that prevents colonial-era laws from being invalidated by the judiciary.
