Belize Becomes First Country in the Caribbean to Overturn Their Sodomy Laws

The Belize Supreme Court last week made a historic ruling in favor of gay activist Caleb Orozco, and has struck down the country’s anti-sodomy law. This is the first case launched in the Caribbean and the first case where the sodomy laws have been overturned.

The case was brought to court in 2010, heard in 2013 and the ruling came today, August 10, 2016. The long process has been spearheaded by Caribbean allies, activists, advocates, academics, and legal experts.

Orozco challenged the law claiming that it infringes on the ‘Protections of the Fundamental Rights and Freedoms’ of the individual guaranteed by Belize’s constitution.
Chief Justice Kenneth Benjamin, presiding over the court, accepted Orozco’s challenges on all counts, including:

1. The law is a violation of the rights to dignity, privacy, equality and non-discrimination on grounds of sex;
2. There is no public morality justification;
3. International legal obligations must be complied with;
4. The law must be modified;
5. The costs were awarded to the claimant;

Section 53 of the Criminal Code will be amended to exclude penalty of sexual acts between two consenting adults of the same gender.

“The decision today is deeply fulfilling, I am elated for myself, but more so for all of LGBTIQ people in Belize. The Supreme Court set a historic precedent in the country, and in the Caribbean more widely, by upholding the dignity and equality of all citizens regardless of their sexual orientation. Though I know much has yet to be done to change attitudes in my country, this is a momentous step, and I could not be more proud,” said Orozco, in response to the ruling.

In the groundbreaking decision, the court also extended its positive ruling to declare that the definition of “sex” in Section 16 (3) of the Constitution, outlining anti-discrimination, also includes sexual orientation.

“We are hopeful that this will contribute to a shift in the Caribbean as a whole, where 10 countries still have remnants of colonial sodomy laws. But the laws are only part of what needs to change. We need a stronger movement across the region that can push for a change in societal attitudes. This historic win will push us forward!” Stated Kenita Placide, Caribbean Advisor of OutRight Action International.