LGBT rights in the Bahamas

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LGBT rights in the Bahamas
LocationBahamas.png
The Bahamas
Status Legal since 1991, age of consent not equal
Gender identity Transgender people are not legally allowed to change gender
Military LGBT people are allowed to serve openly
Discrimination protections None (see below)
Family rights
Recognition of relationships No recognition of same-sex couples
Adoption no

Lesbian, gay, bisexual and transgender (LGBT) people in the Bahamas have limited legal protections. While same-sex sexual activity is legal in the Bahamas, there are no laws that 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. Households 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 activity

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Homosexuality laws in Central America and the Caribbean Islands.
  Same-sex marriage
  Other type of partnership
  Unregistered cohabitation
  Country subject to IACHR ruling
  No recognition of same-sex couples
  Constitution limits marriage to opposite-sex couples
  Same-sex sexual activity illegal but law not enforced

Same-sex relationships between consenting adults became legal in the Bahamas in 1991. However, the criminal code still requires a higher age of consent for homosexual acts. The legal age of consent to engage in sexual activity is 16 for straight couples and 18 for same-sex couples. [1]

Recognition of same-sex relationships

Same-sex marriages and civil unions are not legal in the Bahamas. LGBT rights groups never challenged the country's marriage laws, and the "Bahamas Marriage Act" states that a Bahamian marriage is composed of a man and woman. [2]

In July 2011, after the ratification of the Maritime Marriage Law, former Minister of State for Finance, Zhivargo Laing, said, "As a community in The Bahamas we believe that a marriage must and should be and is between a man and a woman. A marriage is void if it took place between persons who were male and male or female and female. So, in this Maritime Marriage Bill we are stating this fact in the clear positive – a marriage must take place between a male and a female and we want that to be abundantly clear that, that is so and that is keeping with our community standard". [3]

In 2013, former Bahamian Chief Justice Michael L. Barnett stated: "I have no doubt that it is only a matter of time when the courts of The Bahamas will address the issue of same sex marriage. I also have no doubt that in deciding the issue we will have respect for the decisions that emanate not only from the Commonwealth countries like Canada and Australia, but also from decisions of the courts of the United States of America. But our references to the views of justices of the United States are not limited to referring to those decisions in our own judgments". [4] [5]

In 2013, former Prime Minister Perry Christie said the Bahamas would not consider same-sex marriage saying "It’s something I don’t believe in". [6]

In 2016, campaigning for the 2016 Bahamian constitutional referendum the former Prime Minister Perry Christie reiterated his opposition to same-sex marriage saying: "I repeat: this referendum will not cause same-sex marriage to become legal in the Bahamas. Marriage in the Bahamas will be legal only if it is between a man and a woman, and male and female are determined at birth". [7]

Discrimination protections

On 17 June 2011, the Bahamian Government expressed support for the UN declaration on sexual orientation and gender identity. [8] However, no government action has been taken to ensure that LGBT citizens are included in non-discrimination clauses in statute laws. [9]

Discrimination in areas such as employment, education, housing, healthcare, banking, and public businesses on the basis of sexual orientation or gender identity is not illegal. Likewise, there are no national hate crime laws to prevent or punish violence directed toward people in the LGBT community. [10]

In 2001, the government proposed an Employment Bill, which included a clause that banned workplace discrimination based on sexual orientation. The clause was removed shortly after the bill was passed. [11]

Constitutional protections

The Bahamian Constitution provides various civil liberties, but its prohibition against discrimination does not include sexual orientation or gender identity. Efforts to include sexual orientation in a newly proposed Constitution have been blocked by members of a government-appointed commission which opposes homosexuality based on religious motivations. [12]

On 21 March 2006, the Constitutional Reform Commission presented a preliminary report [13] to a previous Progressive Liberal Party (PLP) government. The Commission indicated that citizens must be treated equally regardless of religion, political affiliation, race, sex and gender. However, despite recommendations, it did not regard sexual orientation as an attribute deserving protection from discrimination. [1]

Military service

There are no prohibitions on LGBT citizens serving in the Bahamian police or military forces. In May 1998, National Security Minister and Deputy Prime Minister Frank Watson declared that the Bahamian military, prison service, and police force did not discriminate based on sexual orientation. [14]

Social conditions

Many Bahamians adhere to socially conservative Christian denominations, which generally promote the belief that homosexuality and cross dressing are signs of decadence and immorality. [15] Politicians have been leery of publicly supporting LGBT-rights legislation.

While there are no exclusively gay bars or clubs in the Bahamas, there is an underground gay scene in Nassau, as well as many gay-friendly resorts, cafes, and bars throughout various parts of the country. [16]

The Bahamas has a tourist-based economy and the government targets a variety of markets, but not the growing LGBT tourism market. Individual and small groups of homosexual tourists typically face no issues, but groups of LGBT visitors have been protested on various occasions. However, the Rainbow Alliance of The Bahamas held a counter-protest during the 2004 demonstrations, welcoming the LGBT visitors.

Today the Bahamas is noted as becoming increasingly gay-friendly. However, locals warn that homophobia is still a prominent social issue and recommend that tourists exercise discretion. [17]

In December 2018, the Canadian Government has issued new travel advice warning gay couples about the risk of homophobia in The Bahamas. Bahamian LGBT activist Erin Greene told the Bahamas Tribune newspaper: "I think it is a sound, a reasonable advisory to LGBTQ Canadians. Alexus D’Marco told the newspaper: "We should acknowledge that LGBT people do exist in The Bahamas that they have been stigmatised and discriminated against". [18] [19] [20] However, in February 2019, it was reported that more than half of the 5,400 men on board the exclusively gay "Allure Caribbean Cruise that disembarked" in Nassau with many of them saying that they felt "safe" and "comfortable" which activist Alexus D’Marco says is a good indication the capital is viewed as "safe" for the LGBT community. [21]

There have even been several high-profile situations of discrimination directed at LGBT citizens as well as tourists in the Bahamas:

Anti-LGBT violence

There have been numerous cases involving the murder of a homosexual man, and none of them have been solved. [35]

The names of the victims, their professions, and dates of death are as follows:

Accused in 2007 for the slaying of handbag designer Harl Taylor, Troyniko McNeil was found not guilty. [45]

Events and instances where Anti-LGBT violence occur:

LGBT rights movement in the Bahamas

Due to a lack of confidence in the judicial system, legal inequalities, and homophobia in the Bahamas, many LGBT people keep their sexual orientation or gender identity private. [47] While LGBT rights organizations have been permitted to exist, LGBT groups are often pressured to keep their social events hidden. The former LGBT rights group, the Rainbow Alliance of The Bahamas, launched a public campaign against discrimination and participated in talk shows on the subject. Today, Bahamas LGBT Equality Advocates and the DMARCO Foundation are speaking out against homophobia through social media. [48] [49]

A new day of advocacy came for the LGBT community of the Bahamas when transgender women started taking the lead on LGBT issues. The Bahamas Transgender Intersex United (BTIU) launched its multi-level equality campaign, "Bahamian Trans Lives Matter" on 26 April 2016, which seeks to secure equal rights for transgender Bahamians. [50] BTIU President and Founder of the DMARCO Foundation, Alexus D'Marco, stepped up and engaged the national conversation at a press conference held in Nassau, Bahamas, where she was joined by other women to bring awareness to the overlooked issues transgender people often face. [51] These women sparked controversy as an Equality Referendum was about to take place in the country. [52]

The Prime Minister stated, "I want to be clear: these bills do not propose radical change. Instead, this is about making sure that the supreme law of the land reflects our values and our commitment to fairness." The bill did not legalize same-sex marriage in the Bahamas nor was it inclusive to the transgender or intersex community. [53] This movement sparked outrage from a member of the government, Leslie Miller, who publicly called for the "Exile of Transgender out of the Bahamas." Miller had forcefully denounced the growing transgender community in this country, while urging people to financially contribute to having this sect of society exiled to their own private island to ensure "they stay out of the way". He pledged to give the group its first $1,000 toward this relocation. [54]

In 2019, the "Bahamas Organisation of LGBTI Affairs" was formed. It aims to formalize a means of public sensitization and education of LGBTI issues. [55]

Public opinion

In 2013, Foreign Affairs Minister Fred Mitchell said that Bahamians should accept a gay or lesbian politician. However a survey revealed that his views are not shared by the population with only 12% showing positive feelings towards a gay or lesbian person running for office. Over 84% all respondents said they strong disapproved of the idea of a gay or lesbian politician.

In 2015, a survey published in The Nassau Guardian reports that 85.5% of respondents strongly disapprove of same-sex marriage, with only 10.6% approving of it. [56]

Summary table

Same-sex relationships legal Yes check.svg Since 1991
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 marriage(s) 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 Yes check.svg
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 Yes check.svg

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References

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  2. ↑ "Bahamas Marriage Act" (PDF).
  3. ↑ "Government against gay marriages - The Nassau Guardian". The Nassau Guardian. 8 July 2011. Archived from the original on 14 August 2018. Retrieved 20 November 2017.
  4. ↑ Irput, Alista (19 February 2013). "Crap, I'm A Lesbian: Bahamas: Chief Justice predicts that equal marriage will be addressed in court soon". Archived from the original on 23 April 2019. Retrieved 23 April 2019.
  5. ↑ "Bahamas: Chief Justice predicts that equal marriage will be addressed in court soon". 19 February 2013.
  6. ↑ "Bahamian Prime Minister: Equal marriage is 'something I don't believe in'". 12 March 2013.
  7. ↑ "Jamaica Observer Limited". Jamaica Observer.
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  46. ↑ "Gay man is beaten up during Carnival". www.tribune242.com.
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  51. ↑ "Transgender community: We're human too". The Nassau Guardian. 27 April 2016. Retrieved 9 November 2017.
  52. ↑ Virgil, Khrisna (3 March 2016). "Yes To Equality: Parliament Approves Gender Referendum". Tribune 22.
  53. ↑ "PM Launches Yes Campaign and Declares Referendum Date - Government - News". www.bahamas.gov.bs. Retrieved 22 February 2017.
  54. ↑ "Miller: Exile transgenders (with audio)" . Retrieved 21 August 2017.
  55. ↑ "Bahamas Organisation of LGBTI Affairs formed". www.tribune242.com.
  56. ↑ "Three quarters of Bahamians 'strongly disapprove' of same-sex marriage". 15 April 2015.
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