Dominica’s High Court ends the country’s ban on being gay in historic ruling

The High Court of Dominica has overturned a colonial-era law banning same-sex relations between consenting adults after a gay man filed a lawsuit claiming the ban was unconstitutional.

The complainant, who remained anonymous, claimed the law led him “to live in constant fear of criminal sanction for engaging in consensual sexual activity” and caused “hateful and violent conduct towards him and other LGBT persons” that stopped him “from living and expressing himself freely and in dignity,” according to BBC.

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The ruling stated that the constitution guarantees that “a person shall not be hundred in the enjoyment of his right to assemble and freely associate with other persons” and that this “must necessarily include the freedom to enter into and maintain intimate relationships without undue intrusion by the State.”

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Written by High Court Judge Kimberly Cenac-Phulgence, it also said that the current law causes “widespread hostility towards persons perceived to be LGBT both in public and private settings” and “cannot be justified as necessary to respect the rights and freedoms of others or the public interest.”

Activist Daryl Phillip celebrated the ruling, telling BBC it has set the country – which should not be confused with the Dominican Republic – “on a promising path toward restoring people’s dignity and safeguarding LGBTQ people’s rights to privacy, health, and freedom from torture and ill-treatment, aligning with international human rights obligations.” He also acknowledged that the ruling will not make homophobia “stop tomorrow” and that it is “a process.”

Maria Sjödin, executive director of LGBTQ+ organization Outright International, explained that “Decriminalisation helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination.”

“The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality,” Sjödin continued. “It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

The anonymous complainant has spent five years battling for the law to be overturned. Originally established during the British colonial era, the Associated Press says it was strengthened in 1998 and carried a potential ten-year prison sentence.