LGBTQ rights differ between the various states in the Caribbean. They are influenced by previous colonization from Europe as well as each state's own interpretation of laws. For many of the states, perceptions of LGBTQ individuals are unfavorable, and laws lack protections and rights for the community.
The Caribbean has been heavily colonized throughout history by European countries, with Spain, England, France and the Netherlands as the main colonizers, and the United States later on. [1] With them came religion, particularly forms of Christianity such as Catholicism and Protestantism that would become integrated with many of the countries. [2] This also came with it religious views that would encourage discrimination against LGBT members [3] as well as direct legislation from the European countries. Most notable is Britain's Offences Against the Person Act 1861, which outlined many crimes and named sodomy as one of them. [4] While some of these laws would be repealed over time, some Caribbean countries maintain their own legislation that continues to outlaw sexual acts among LGBT. A notable example is Jamaica, that has laws prohibiting anal sex as well as intimacy between same-sex individuals. [5]
In 2000, the UK Government intervened on LGBT+ rights, issuing the Caribbean Territories (Criminal Law) Order 2000, which decriminalized consensual homosexual acts between adults in private in five British Overseas Territories: Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands. [6]
| Country | Laws regarding same-sex behavior | Laws regarding being transgender or non-binary |
|---|---|---|
| Anguilla | Transgender rights and protections are not recognized. | |
| Antigua and Barbuda | Transgender rights and protections are not recognized. | |
| Aruba | Transgender rights and protections are not recognized. | |
| Bahamas | Transgender rights and protections are not recognized. | |
| Barbados | Legal gender changes not allowed; no protective laws; third genders not recognized. [17] | |
| Bonaire | Gender changes on legal documents are allowed [18] and gender-neutral documentation is available. [19] | |
| British Virgin Islands | Transgender rights and protections are not recognized. | |
| Cayman Islands | Transgender rights and protections are not recognized. | |
| Cuba | Legal gender changes are allowed and gender confirmation procedures are covered by health care. [24] | |
| Curacao | Transgender rights and protections are not recognized. | |
| Dominica | Transgender rights and protections are not recognized. | |
| Dominican Republic | Transgender rights and protections are not recognized. | |
| Grenada | Transgender rights and protections are not recognized. | |
| Guadeloupe | Legal gender changes are allowed [29] however there is no recognition of non-binary language or individuals. [30] | |
| Haiti | Transgender rights and protections are not recognized. | |
| Jamaica | Transgender rights and protections are not recognized. | |
| Martinique | Legal gender changes are allowed [29] however there is no recognition of non-binary language or individuals. [30] | |
| Montserrat | Transgender rights and protections are not recognized. | |
| Puerto Rico | Legal gender changes are allowed [33] however there is no recognition of a third gender. | |
| Saba | Gender changes on legal documents are allowed [18] and gender-neutral documentation is available. [19] | |
| Saint Barthelemy | Legal gender changes are allowed [29] however there is no recognition of non-binary language or individuals. [30] | |
| Saint Kitts and Nevis | Transgender rights and protections are not recognized. | |
| Saint Lucia | Transgender rights and protections are not recognized. | |
| Saint Martin | Legal gender changes are allowed [29] however there is no recognition of non-binary language or individuals. [30] | |
| Saint Vincent and the Grenadines | Transgender rights and protections are not recognized. | |
| Sint Eustatius | Gender changes on legal documents are allowed [18] and gender-neutral documentation is available. [19] | |
| Sint Maarten | Transgender rights and protections are not recognized. | |
| Trinidad and Tobago | Transgender rights and protections are not recognized. | |
| Turks and Caicos Islands | Transgender rights and protections are not recognized. | |
| United States Virgin Islands | Gender changes have yet to be attempted, though it is not outlawed. [40] Third genders are not recognized. |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
Lesbian, gay, bisexual, and transgender (LGBT) people in Trinidad and Tobago face legal challenges not experienced by non-LGBTQ residents. Households headed by same-sex couples are not eligible for the same rights and benefits as that of opposite-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Virgin Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guyana face legal and societal challenges not experienced by non-LGBTQ residents. Guyana is the only country in South America, and the only mainland country in the Americas, where homosexual acts, including anal sex and oral sex, are illegal. Cross-dressing was illegal until November 2018, when the statute was struck down by the Caribbean Court of Justice, the court of last resort of Guyana. Efforts to decriminalize homosexual behavior have gained momentum from legal developments in neighboring countries with a common legal heritage as former British colonies. In August 2016 the Belize Supreme Court, and in April 2018, the High Court of Trinidad and Tobago, each ruled that laws criminalizing homosexuality in their respective jurisdictions were unconstitutional. These landmark rulings have been noted as potential legal precedents to strengthen the case for repeal of Guyana's corresponding laws, with all 3 countries having related jurisprudence. Guyanese society tends to view homosexuality and transgender people negatively, though attitudes are slowly changing and becoming more accepting. The country's first pride parade took place in June 2018 with the support of various political and religious leaders, making it the first such event in the English-speaking Caribbean. It has inspired other countries to hold their own pride parades such as Barbados, Trinidad and Tobago and Saint Lucia. The country's second pride parade took place in June 2019. Subsequent events in 2020, and 2021 had to be postponed due to the COVID-19 pandemic, but Guyana's LGBT community held its largest event in the capital Georgetown in June 2022, with another planned in 2023. The country itself has a sodomy law.
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
Oceania is, like other regions, quite diverse in its laws regarding LGBTQ rights. This ranges from significant rights, including same-sex marriage – granted to the LGBTQ community in New Zealand, Australia, Guam, Hawaii, Easter Island, Northern Mariana Islands, Wallis and Futuna, New Caledonia, French Polynesia and the Pitcairn Islands – to remaining criminal penalties for homosexual activity in six countries and one territory. Although acceptance is growing across the Pacific, violence and social stigma remain issues for LGBTQ communities. This also leads to problems with healthcare, including access to HIV treatment in countries such as Papua New Guinea and the Solomon Islands where homosexuality is criminalised.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBTQ citizens.
Lesbian, gay, bisexual, and transgender (LGBT) people in Barbados do not possess the same legal rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination.
LGBTQ+ rights in the Cayman Islands are regarded as some of the most progressive in the Caribbean. While the British territory still has a long way to go, it continues to relax its stance on this subject. Both male and female types of same-sex sexual activity are legal in the Cayman Islands. Same-sex unions became legal in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Montserrat face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montserrat since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the British Overseas Territory of the Turks and Caicos Islands face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in the Turks and Caicos Islands since 2001, and discrimination based on sexual orientation is constitutionally banned.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Saint Kitts and Nevis face legal challenges not experienced by non-LGBTQ residents. In 2022, Saint Kitts and Nevis rescinded its criminalization of homosexuality. However, the national penal code does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does the law recognize same sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face 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.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29 of the 56 sovereign states of the Commonwealth; and legal in only 27.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Australia's Northern Territory have the same legal rights as non-LGBTQ people. The liberalisation of the rights of LGBTQ people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1984, with an equal age of consent since 2003. Same-sex couples are recognised as de facto relationships. There was no local civil union or domestic partnership registration scheme before the introduction of nationwide same-sex marriage in December 2017, following the passage of the Marriage Amendment Act 2017 by the Australian Parliament. The 2017 Australian Marriage Law Postal Survey, designed to gauge public support for same-sex marriage in Australia, returned a 60.6% "Yes" response in the territory. LGBTQ people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not explicitly cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.
In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.
This is a list of notable events in the history of LGBTQ rights taking place in the year 2023.
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