Lesbian, gay, bisexual, and transgender (LGBT) people living in Saint Lucia face legal challenges not experienced by non-LGBT members of the population. Same-sex sexual activity is illegal for males, though the law is not enforced.
Same-sex sexual activity is illegal for males in Saint Lucia.
Laws
The Criminal Code (No. 9 of 2004; Effective 1 January 2005), states:[1]
Gross Indecency
Section 132.
(1) Any person who commits an act of gross indecency with another person commits an offence and is liable on conviction on indictment to imprisonment for ten years or on summary conviction to five years.
(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent.
(3) For the purposes of subsection (2) —
(a) an act shall be deemed not to have been committed in private if it is committed in a public place; and
(b) a person shall be deemed not to consent to the commission of such an act if —
(i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;
(ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or (iii) that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.
(4) In this section "gross indecency" is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire".
Buggery
Section 133.
(1) A person who commits buggery commits an offence and is liable on conviction on indictment to imprisonment for —
(a) life, if committed with force and without the consent of the other person;
(b) ten years, in any other case.
(2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for five years.
(3) In this section "buggery" means sexual intercourse per anus by a male person with another male person".
Multiple sources state that these laws are not enforced.[2][3][4]
Decriminalisation efforts
In November 2017, while speaking at the Caribbean Center for Family and Human Rights (CARIFAM) meeting, External Affairs Minister Sarah Flood-Beaubrun has reiterated her position that government "will stick to its decision to refrain from decriminalising buggery and prostitution despite mounting pressure from international countries and organisations."[5]
In February 2019, after the murder by stabbing of a 27-year-old Guyanese Michael Pooran in Saint Lucia, the "Eastern Caribbean Alliance for Diversity and Equality" (ECADE) and "United & Strong" organisations said it is alleged that Pooran's death is due to his perceived sexual orientation. They have urged the government of Saint Lucia to "strongly denounce any forms of violence and discrimination on the basis of sexual orientation, gender identity and expression". and to "encourage the governments of St Lucia and the eastern Caribbean to re-examine the impact of the Buggery and Gross indecency Laws that are widely interpreted as criminalisation of the LGBT community".[6][7]
In March 2019, It was reported that Senator Hermangild Francis, the Justice and National Security Minister and the former Deputy Police Commissioner, supports a review of Saint Lucia's buggery law. He told reporters "If Saint Lucians want that to be revisited I have no problems with that. But I think the time has come when we really have to look at it. Too many young people are being maligned because of their sexual orientation. I don’t think that’s right. Everyone should be entitled to his or her own sexual, political and religious beliefs. I agree that we should have a review of it. Homosexuality with consenting adults in their privacy – I see no problem, but like I said, everybody is entitled to their opinion and we must respect everybody in that kind of discussion."[8]
In late March 2019, The head of the Catholic Church in Saint Lucia, Archbishop Robert Rivas, has asserted that the church is not against gays or lesbians and has expressed the hope that the governments in the region will 'do what is right' on the matter of the law against buggery. He said: "In some places, it is already removed. If it is a law that is distressing and it is not a law that is serving its purpose the way it ought to have served its purpose in the past, then it has to be reviewed and updated." He added that: "The church is not against gays or lesbians – the church is maybe against the activity where there is a moral issue, but in terms of the person, the church will always love the person and care for the person as Jesus did." and that "Whoever said the church is against [homosexuals] is probably misinformed about the church today, I have never said that in my preaching in Saint Lucia. I’ve been here eleven years and a bishop for 29 years. I’ve never preached that, and I’ve never heard our archdiocese preach that." saying that the time may be right to revisit the island's buggery.[9][10] Days later, in early April, Superintendent Methodist Minister, Seth Ampadu of the Methodist Church here welcomes gays and lesbians, but not their activities, he also said that the law is distressing and it is not serving its purpose, then it has to be reviewed and updated.[11] It has plans to decriminalize homosexuality by 2022.
Article 131 of the Labour Code, enacted in 2006, bans "unfair dismissal" based on sexual orientation.[13]
The Domestic Violence Act passed on March 8, 2022, extends all its protections to LGBTQ people. [14]
Living conditions
In June 2011, then Minister for Education and Culture, Arsene James, stated his view that there was nothing wrong with having discussions on homosexuality within schools.[15]
In 2011, then Minister for Tourism and Civil Aviation Allen Chastanet apologized to three American gay men who were violently attacked and robbed inside a vacation villa by assailants who called them "faggots", saying: "Whether or not this crime was motivated by anti-gay sentiment, or during the course of a robbery, it is nonetheless unacceptable behavior and Saint Lucia as a destination will not tolerate it … Saint Lucia has always been a safe destination, respectful of people’s own choices for religion, beliefs and perspectives on life".[16]
In April 2015, Lorne Theophilus, then Minister of Tourism, Information and Broadcasting, said that Saint Lucia welcomes visitors from the LGBT community, that it has always welcomed gay tourists, but that no changes are planned for Saint Lucia's colonial-era "buggery" laws.[citation needed]
In May 2015, in light of the success of the 2014 human rights sensitisation training which sought to educate the Royal Saint Lucia Police Force on both general and LGBT-specific content, a further training initiative was organised by United and Strong. United and Strong extended its efforts to other law enforcement and community service providers, focusing on officers from the Air and Sea Ports, Customs and Corrections as well as members of civil society who interface with law enforcement on behalf of their community.[17]
In 2017, in an interview, Dominic Fedee, then Minister of Tourism, Tnformation and Broadcasting, reiterated that Saint Lucia welcomes visitors from the LGBT community, saying that the country does not actively seek to attract LGBTQ travellers specifically though everyone is welcome, and that he worked in the hospitality industry for 16 years and they welcomed many gay couples, and that it is a common practice.[18]
In 2017, responding to an article by Pinknews about the situation of LGBT rights in Saint Lucia, Jassica St Rose, Women's Secretariat Representative of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) said, "While we do have buggery laws on the statute books, they have not recently been enforced. Moreover, currently no-one is imprisoned in Saint Lucia for being gay. It would have been instructive if "Pink News" had contacted United and Strong or ECADE for comment." Adaryl Williams, of the local LGBT association United and Strong said, "Yes, discriminatory laws exist, however we’ve had gay cruises and gay couples and people visiting here safely. There are several hotel properties with policies in support of LGBT persons".[3][4]
In August 2017, LGBT association "United and Strong" welcomed the views expressed by officials of the Catholic Church who believe that gay people should not be discriminated against.[19]
In March 2019, the Upper Tribunal decided that gay men are at risk of persecution in St Lucia and can claim asylum in the United Kingdom.[21]
March 2019 saw the suicide of the 17-year-old allegedly openly gay teenager Gervais Emmanuel, because of alleged homophobic bullying and pressure.[22][23] The suicide reignited conversation on homophobia in Saint Lucia and the poor treatment towards members of the island's LGBTQ community by the general public.[24] A march against bullying took place weeks later in a campaign against bullying in Soufrière where Education Officer for District 8, Shervon Mangroo, made a call to students of Soufrière to denounce bullying in any form or fashion.[25]
In May 2019, the British TV show Blind Date was criticized for sending two bisexual contestants to where same-sex sexual acts were illegal. Jordan Shannon, was paired up with Jesse Drew. The producers of the show said they didn't know that, and although Jesse was anxious about that, Jordan was shocked at first but said it would not be a concern saying after they came back safely to the United Kingdom that: "Regardless, locals were still very helpful and looked after us while we were on our dates".[26][27]
Pride parades
The first gay pride parade was scheduled for 23–26 August 2019, with "Persist with pride" as a celebration theme. It included activities aimed at educating and sensitising the general public, as well as nurturing the dignity of LGBT people on Saint Lucia, and public activities included a panel on LGBT in Saint Lucia, and the Family Day and Health Fair, which included health talks and screenings, congratulatory speeches, performances and giveaways.[28][29] The Pentecostal Assemblies of the West Indies (PAWI) voiced its objection to the pride event, however the Roman Catholic Archbishop Robert Rivas of the Archdiocese of Castries in Saint Lucia said his church was not opposed to the pride event.[30][31]
Summary table
Same-sex sexual activity legal
Between males (Penalty: Up to 10 years imprisonment; not enforced, repeal pending)
Equal age of consent
For males / For females
Anti-discrimination laws in employment
/ Since 2006, only covers sexual orientation.
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Lesbian, gay, bisexual, and transgender (LGBT) persons in Jamaica face legal and social issues not experienced by non-LGBT people. Consensual sexual intercourse between same-sex partners is legally punishable by imprisonment.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nigeria face severe challenges not experienced by non-LGBT residents. LGBT rights are generally infringed upon; homosexual activity is illegal in Nigeria and punishable by up to 16 years of prison in the conventional court system. There is no legal protection for LGBT rights in Nigeria—a largely conservative country of more than 225 million people, split between a mainly Muslim north and a largely Christian south. Very few LGBT persons are open about their sexual orientation, as violence against them is frequent. According to PinkNews, Nigerian authorities generally target the LGBT community. Many LGBT Nigerians are fleeing to countries with progressive law to seek protection.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tanzania face severe challenges not experienced by non-LGBT residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also criminalises heterosexuals who engage in oral sex and anal intercourse.
Lesbian, gay, bisexual, and transgender (LGBT) people in Trinidad and Tobago face legal challenges not experienced by non-LGBT 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) people face active discrimination in the Gambia. Same-sex sexual activity is illegal for both males and females in the Gambia. Criminalisation commenced under the colonial rule of the British. The 1933 Criminal Code provides penalties of prison terms of up to fourteen years. In 2014, the country amended its code to impose even harsher penalties of life imprisonment for "aggravated" cases. While the United States Department of State reports that the laws against homosexual activity are not "actively enforced", arrests have occurred; the NGO Human Rights Watch, reports regular organised actions by law enforcement against persons suspected of homosexuality and gender non-conformity.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Dominica face legal challenges not experienced by non-LGBT residents. Sodomy, also known as "buggery", is illegal for both heterosexuals and homosexuals. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in Guyana face legal and societal challenges not experienced by non-LGBT 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 still 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.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Malawi face legal challenges not experienced by non-LGBT residents.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Solomon Islands face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal, punishable by up to 14 years imprisonment, but the law is not enforced.
This is a list of important events relating to the LGBT community from 1801 to 1900. The earliest published studies of lesbian activity were written in the early 19th century.
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law but are typically understood by courts to include any sexual act deemed to be "unnatural" or "immoral". Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced against heterosexual couples, and have mostly been used to target homosexual couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Antigua and Barbuda may face legal challenges not experienced by non-LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Sierra Leone face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Sierra Leone and carries a possible penalty of life imprisonment, although this law is seldom enforced.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Niue, although there is no recent instance of it being actively prosecuted. Same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Saint Kitts and Nevis face legal challenges not experienced by non-LGBT residents. The 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) persons in Saint Vincent and the Grenadines face legal challenges not experienced by non-LGBT residents. The Penal Code makes same-sex acts illegal with a punishment up to 10 years in prison, although the law is not enforced and is being challenged in the courts. In addition, it outlaws the practice of "buggery", whether homosexual or heterosexual and irrespective of whether the act was consensual. The country's laws also do not address discrimination or harassment on account of sexual orientation or gender identity, nor recognize same-sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are not eligible for any of the same rights given to opposite-sex married couples.
Lesbian, gay, bisexual and transgender (LGBT) people in Tuvalu face challenges not faced by non-LGBT people. Sections 153, 154 and 155 of the Penal Code outlaw male homosexual intercourse with a penalty of up to 14 years in prison, but the law is not enforced. Employment discrimination on the basis of sexual orientation has been banned since 2017.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.
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![Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
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Same-sex marriage
Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
Other type of partnership
Unregistered cohabitation
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced
Island subject to IACHR ruling
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