LGBT 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 LGBT 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 [4] While some of these laws would be repealed over time, some Caribbean countries maintain their own legislation that continues to outlaw sexual acts among LGBT.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]
| 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. [16] | |
| Bonaire | Gender changes on legal documents are allowed [17] and gender-neutral documentation is available. [18] | |
| 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. [23] | |
| 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 [28] however there is no recognition of non-binary language or individuals. [29] | |
| Haiti | Transgender rights and protections are not recognized. | |
| Jamaica | Transgender rights and protections are not recognized. | |
| Martinique | Legal gender changes are allowed [28] however there is no recognition of non-binary language or individuals. [29] | |
| Montserrat | Transgender rights and protections are not recognized. | |
| Puerto Rico | Legal gender changes are allowed [32] however there is no recognition of a third gender. | |
| Saba | Gender changes on legal documents are allowed [17] and gender-neutral documentation is available. [18] | |
| Saint Barthelemy | Legal gender changes are allowed [28] however there is no recognition of non-binary language or individuals. [29] | |
| 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 [28] however there is no recognition of non-binary language or individuals. [29] | |
| Saint Vincent and the Grenadines | Transgender rights and protections are not recognized. | |
| Sint Eustatius | Gender changes on legal documents are allowed [17] and gender-neutral documentation is available. [18] | |
| 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. [39] Third genders are not recognized. |
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay, and bisexual rights are considered to be advanced by international standards.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Netherlands are among the most advanced in the world. Same-sex sexual activity was legalized in 1811 after France invaded the country and installed the Napoleonic Code, erasing any remaining sodomy laws. No more sodomy laws were enacted after the country received independence. An age of consent equal with that of heterosexual activity was put in place in 1971. During the late 20th century, awareness surrounding homosexuality grew and society became more tolerant of gay and bisexual people. The changes eventually led to homosexuality's declassification as a mental illness in 1973 and a ban on discrimination based on sexual orientation in the military. The Equal Treatment Act 1994 bans discrimination on account of sexual orientation in employment, housing, public accommodations, and other areas. This was extended in 2019 to include discrimination based on gender identity, gender expression and sex characteristics. After the country began granting same-sex couples registered partnerships benefits in 1998, the Netherlands became the first country in the world to legalize same-sex marriage in 2001. Same-sex joint and stepchild adoption are also permitted, and lesbian couples can access IVF as well.
Lesbian, gay, bisexual, and transgender (LGBT) 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. LGBT 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-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) persons in the British Virgin Islands face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in the British Virgin Islands since 2001.
Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBT residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. 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 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) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
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 the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT 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 LGBT 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 Vincent and the Grenadines face legal challenges not experienced by non-LGBT residents. The Penal Code makes same-sex sexual acts illegal with a punishment up to 10 years in prison, although the law is not enforced. 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. In 2024, Saint Vincent and the Grenadines upheld its constitutional ban on same-sex sexual activity within its High Court.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT 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 LGBT 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 LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) people in Australia's Northern Territory have the same legal rights as non-LGBT people. The liberalisation of the rights of lesbian, gay, bisexual and transgender (LGBT) people in Australia's Northern Territory has been a gradual process. Homosexual activity was legalised in 1983, 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. LGBT people are protected from discrimination by both territory and federal law, though the territory's hate crime law does not cover sexual orientation or gender identity. The territory was the last jurisdiction in Australia to legally allow same-sex couples to adopt children.
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 LGBT 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 LGBT rights that took place in the 2010s.
The Sexual Offences Act, 1995 is an Act of the Parliament of Antigua and Barbuda. It replaced all previous law on sexual offences, codifying a wide range of offences including rape, "marital sexual assault", sexual intercourse with minors and mentally subnormal people, incest, buggery, bestiality, indecent assault, "serious indecency", procuration, procuring defilement of a person, detention or abduction of a person for sexual purposes, brothel-keeping, and living on the earnings of prostitution.
This is a list of notable events in the history of LGBT rights taking place in the year 2023.
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