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Barbados removes discriminatory gay sex laws in ‘resounding victory’

In 2021, a tribunal ruled that laws criminalising LGBT people across the Americas violate international law and recommended they be struck down.

By Alastair James

Barbados flag
The High Court in Barbados has struck down anti-LGBTQ laws in a pivotal move. (Image: Pexels)

The High Court in Barbados has struck down British colonial-era laws regarding gay sex in what activists are calling a “resounding victory for LGBT people”.

On Monday (12 December) the Caribbean court struck down sections 9 and 12 of the Barbados Sexual Offences Act. Known as the ‘buggery’ and ‘indecency’ laws both criminalised same-sex activity.

Under section 9 men faced life imprisonment if caught. Under section 12, both men and women could be jailed for 10 years.

Barbados was one of only seven countries in the Western Hemisphere that criminalised same-sex relations. Courts in Antigua and Barbuda and St Kitts and Nevis struck down similar laws earlier this year. 

Téa Braun, the Chief Executive of the Human Dignity Trust, an international human rights organisation, said: “This is a resounding victory for LGBT people in Barbados, which is the third country in the region to decriminalise through the courts this year.”

Congratulating the teams behind the push to strike down the laws, which the Trust helped, Braun continues to look ahead.

“There are now only six countries in the Americas where laws linger on the books that have been in place since colonial times criminalising LGBT people. Today’s decision makes clear that the remaining few must now accelerate the repeal or striking down of these stigmatising laws.”

The case was filed by two Barbadian LGBT advocates. The local organisation, Equals, supported them. The regional LGBT umbrella organisation, the Eastern Caribbean Alliance for Diversity and Equality, did too.

One of the litigants says: “Today’s ruling is one step, one action of many impacting the LGBTQ+ community of Barbados. As it resonates with me, I already know there is more work to be done. We will continue on together.”

The other litigant described the move as “a pivotal moment for equality for all Barbadians.”

In 2021, a tribunal ruled that laws criminalising LGBT people across the Americas violate international law. It recommended they be struck down.