LGBTQ rights in Grenada

Last updated

LGBTQ rights in Grenada
Grenada in its region.svg
Status Illegal
PenaltyUp to 10 years imprisonment (not enforced)
Gender identity No
Military Has no military
Discrimination protections None
Family rights
Recognition of relationships No recognition of same-sex relationships
Adoption No

Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada face social and legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

Contents

Legality of same-sex sexual acts

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
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Same-sex marriage
Unregistered cohabitation
Island subject to IACHR ruling
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced
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v
t
e Same-sex legislation Lesser Antilles (named).svg
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Unregistered cohabitation
  Island subject to IACHR ruling
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced

Homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for ten years. [1]

The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons. However, in section 7, the criminal law prohibits "Committing grossly indecent act; is stated in gender-neutral terms. By implication it covers both opposite-sex and same-sex acts. The act of gross indecency must be committed willfully and in public." Under this section female homosexuality is illegal under public indecency laws. [2]

In May 2013, the president of the Senate of Grenada called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws. [3]

Discrimination protections

There is no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973. [4] Grenadian law does not address discrimination or harassment on the account of sexual orientation or gender identity.

Summary table

Same-sex sexual activity legal X mark.svg (Penalty: Up to 10 years' imprisonment, not enforced)
Equal age of consent X mark.svg
Anti-discrimination laws in employment X mark.svg
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Same-sex marriages X mark.svg
Recognition of same-sex couples X mark.svg
Step-child adoption by same-sex couples X mark.svg
Joint adoption by same-sex couples X mark.svg
Gays and lesbians allowed to serve openly in the military Has no military
Right to change legal gender X mark.svg
Access to IVF for lesbians X mark.svg
Commercial surrogacy for gay male couples X mark.svg
MSMs allowed to donate blood X mark.svg

See also

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References

  1. "Grenada: Criminal Code". WIPO Lex . Retrieved 1 January 2020.
  2. "Criminal Law Concerning Same-Sex Intimacy in Grenada" (PDF). Office of the United Nations High Commissioner for Human Rights . Retrieved 26 May 2018.
  3. "Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men". The Washington Post . 28 May 2013. Archived from the original on 29 May 2013. Retrieved 29 May 2013.
  4. "Grenada: Constitution, 1973". Georgetown University. Retrieved 26 May 2018.