Belize Supreme Court Strikes Down Colonial-era Anti-LGBT Law
Belize Supreme Court strikes down anti-sodomy law in lawsuit opposed by U.S.-based anti-LGBT groups
In a decision that could have far-reaching consequences, the Belize Supreme Court that a law that punishes homosexual sex is unconstitutional, making the country the first former British colony in the Caribbean to do so.
The Caribbean has a high preponderance of colonial-era laws that criminalize homosexual sex. Section 53 of the Belizean criminal code stipulates a penalty of up to ten years in prison for any person engaging in 鈥渃arnal intercourse against the order of nature.鈥�
A challenging the law was filed in the Supreme Court of Judicature, Belize鈥檚 highest court, in 2010 by Belize native Caleb Orozco and the group he directs, United Belize Advocacy Movement (UniBAM). UniBAM鈥檚 attorneys argued that Section 53 violated provisions of the Constitution of Belize that recognize individual rights to human dignity, to be free from arbitrary or unlawful interference with one鈥檚 privacy聽and to equal protection under the law.
Chief Justice Kenneth Benjamin of the criminal code that criminalizes consenting intercourse between adults of the same sex contravenes rights granted under聽the Belize Constitution, and added that the court has an obligation to amend the law so it adheres to the聽Constitution. He ordered an amendment specifying that section 53 does not apply to consenting sexual acts between adults of the same gender.
At least one U.S.-based organization, the fundamentalist Christian legal powerhouse (ADF) advised聽Belize-based groups that opposed striking down the law, to the country's聽already volatile anti-LGBT climate. ADF has supported the criminalization of homosexual sex, but is also involved in so-called 鈥�religious liberty鈥� laws in the United States that would legalize discrimination against LGBT people. The group is also , targeting schools that include trans-inclusive gender-affirming language in existing policies.
The UNIBAM Twitter account announced the ruling minutes after it was announced.
Another legal challenge is underway in Jamaica, where attorney Maurice Tomlinson brought last December against that country鈥檚 law criminalizing homosexuality. In July, conservative Christian groups as 鈥渋nterested parties鈥� with full rights of participation in the case, a move Tomlinson called 鈥渟tacking the deck鈥� against him. The Public Defender assigned to his case has indicated she will appeal the court鈥檚 ruling.
