MiRiDom media statement on constitutional challenge of anti-gay laws in Dominica

September 28, 2022 — Today, in a critical step forward for human rights, the High Court of Justice in Dominica will hear a constitutional challenge from a gay man who is seeking to have two sections of the Sexual Offences Act (SOA) that criminalize consensual same-sex activities ruled unconstitutional. The case to end the criminalization of LGBT people in Dominica is supported by Minority Rights Dominica (MiRiDom) and the HIV Legal Network, working alongside the claimant who cannot be named because of risk to his safety.

Under sections 14 and 16 of the SOA, sexual activity between consenting partners of the same sex is prohibited — offences that were first enacted in 1873, when Dominica was under British colonial rule. The case being heard today was launched by a man who has faced discrimination, hostility, and horrific violence in Dominica because he is gay.
Dominica’s 1978 Constitution guarantees the rights to privacy, protection from discrimination, liberty, security of the person, freedom from inhuman or degrading punishment, freedom of expression, and freedom of assembly and association. Sections 14 and 16 of the SOA violate these rights in numerous ways.

As the claimant has described, “I have endured discrimination, threats, harassment, and violence because of my sexual orientation. The perpetrators of such acts find a sense of comfort and safety in the laws that criminalize buggery and gross indecency. These laws are not only discriminatory themselves, but they incite and encourage hateful and violent conduct towards LGBT individuals. The laws also condone police inaction and discrimination and are harmful to public health by worsening the HIV epidemic.” These laws must be repealed.

We are hopeful that the High Court of Justice in Dominica will choose to repeal laws that criminalize LGBT people in the Caribbean, following and in step with recent decisions that saw the court find laws that criminalize same-sex activities in Antigua and Barbuda, and in St. Kitts and Nevis, unconstitutional. The continued criminalization of consensual sex by LGBT people through sections 14 and 16 of the SOA, and the broader abuses against LGBT Dominicans to which such criminalization contributes, has damaged too many lives — and continues to do so every day. These are the lives not only of LGBT Dominicans but also of their family members and friends who have lost loved ones to homophobic violence, or when those facing persecution have been forced to seek asylum elsewhere.

In the words of the claimant who brought forward this challenge, “I hope to make a change that will allow the generations after me to live a better life as a gay person than what I have experienced.” We hope the court will see fit to make this critical change in support of human rights for all.

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41 Comments

  1. Mr Gouty
    September 30, 2022

    There’s no gay harassment and discrimination, in Dominica, these Dominican Gays, are trying to have the attention of the international abnormal behavior powerful groups to put pressure on third world Governments to destroy the moral fabric of our Caribbean Islands, where men and men, women and women kissing in the public.
    Where the young people will see these immoral practices as something which is normal, hence the young people who are normal people can say why not give it a try and then their lives are destroyed. If my Government in Dominica allows these Gays things to be legalized, all I will do is to give up my DLP membership card, end of story.

  2. Delices In US
    September 29, 2022

    This is all about controlling the little Islands to do like the USA. Yes it’s two consenting adults but in the eyes of God homosexuality is an abomination. And say what you want until they repent like everyone else and come to know Christ they are headed to HELL. No one is trying to take peoples freedom away, Christian’s are simply warning of what is to come at the end of this life. It’s not homophobia as America want to state it. Repent!!! Instead of trying to gain rights to commit abomination. No one has come back from the dead to inform anyone if hell is real so please don’t take a gamble and think it’s not.

    Hot debate. What do you think? Thumb up 11 Thumb down 11
  3. jazz53
    September 28, 2022

    To those who think the government has no right to dictate what people do in their own backyard, this may be so. But! the government governs the land, and their laws should be obeyed, and as I said once about this gay agenda, certainly we can’t condone it. But! if we do throw the Bible away and let all devils do whatever they please.

    Hot debate. What do you think? Thumb up 9 Thumb down 11
    • Putin
      September 29, 2022

      And you do realize that the chief law of the land, the Constitution, says that you and i are free to do as we desire as long as we are not injuring others and we should not be hindered in the exercise of this right. I suspect you did not know this. :mrgreen: :mrgreen: :mrgreen:

      Hot debate. What do you think? Thumb up 6 Thumb down 3
      • It is written
        September 30, 2022

        But you do injur people. Diseases, sickness. Majority is from unhealthy connection. If God wanted a man and a man to be married he would not make a woman for Adam and called it bones of my bones. GAY rights are being so widely spread where people are not ashamed anymore. I think this is an ABOMINATION.. let everry man have his own wife or husband. Period it is a disgrace unto GOD. Dominica is too small for that. Why should a man want to marry another man. Vise Versa. We are wide spread and pretty soon the churches will allow that. Please don’t bring a curse on our Island. There are too many in the closet in DOMINICA now….

  4. It’s not my damn business
    September 28, 2022

    Sex with an animal is a crime and should remain a crime because animals don’t have a choice to say yes or no.
    Raping a woman against he will is a crime and should remain a crime because it was forced on her.
    However a man choosing to have sex with another man should not be a crime if both men agree to have sex. Yes it is wrong and animalish but it shouldn’t be a crime once it is not done in public just as fonication or adultery .
    We just need to understand that we are not God and therefore we need to respect peoples right and move on Yeah. At the end of the day what they do with their body is not my damn business. Some of you behaving like Skerrit who doesn’t respect the right of others and even wants to make walking on a Wednesday a crime. Come on people stop behaving like little babies on Matt’s program

    Hot debate. What do you think? Thumb up 10 Thumb down 9
    • Braindamage
      September 29, 2022

      It’s not my dam business…
      Man and man does not have sex..
      The vagina is missing there.
      Man and man Buggar.
      That is, a penis entering inside the anus. A hole where faeces or human waste comes out…

  5. Braindamage
    September 28, 2022

    Call it gay, call it homosexual, MiriDom, it is an abomination to the nation.
    Jesus the Judge said that already…

    Well-loved. Like or Dislike: Thumb up 12 Thumb down 8
    • September 29, 2022

      Go read the Gospels. Jesus never said a single word on this subject. He had quite a bit to say about those who waste their time judging other people, though.

      Well-loved. Like or Dislike: Thumb up 10 Thumb down 5
      • jazz53
        October 1, 2022

        One obviously has no knowledge of scripture!! 2nd Timothy 3:16-17

  6. Putin
    September 28, 2022

    I wish him success. It was about time that action be taken to force governments to respect people’s bedroom!

    Hot debate. What do you think? Thumb up 10 Thumb down 9
    • Dominican Bwoi
      September 29, 2022

      The real Putin would never say the bullsh.. you just typed. In fact, the real Putin would send you to the gulag or make you mysteriously “disappear” for the bullshit you just typed. I’d be happy if either happen to you :lol:

  7. Dr Fitzroy W Armour
    September 28, 2022

    There is no such thing as homosexuality or gay!
    Sex is the act involving a male penis and females vagina which meant to reenforced the love between married couples to create an ideal loving home for the children conceived through sexual intercourse.
    Sodomy, Buggery, cunnilinctus, felito are not sex and should not be confused as sex.
    If you want Be a proud sodomite, Bugerer lesbian, cunnilinctus…but stop confusing the youth, gullible and uneducated by fooling them.
    Don’t confuse love with self gratification. Love is never harmful, never deliberately exposes others to illness, infection…

    Well-loved. Like or Dislike: Thumb up 12 Thumb down 8
    • Sharon S
      September 30, 2022

      Well said DOC… So true… Unwholesome…. Ifit was in the original plan of God then men would be able to concieve.. It is pure LUST… Man enters another Rectom. Disgraceful.

  8. Franqenstein
    September 28, 2022

    It is an adults God given right to descend into depravity if they wish, for we all have autonomy. I think it should be removed from the laws. Not to mention most of the individuals on island that are involved in that lifestyle are people with prominent positions or “the Upper Class”. When last has anyone been charged and sentenced for buggery?…… I’ll wait…….
    What should be protected is our laws on public indecency. If these people are allowed to parade the streets of Dominica like they do elsewhere there will be major consequences.
    Here are two videos showing just where this is headed, the official end game of LGBTQIYSDTJHJHLJHBDSIIKHWEJBDKHSGI:

    https://www.youtube.com/watch?v=yMlOZGYOIw0

    https://www.youtube.com/watch?v=-T3DRifXpbk

    Hot debate. What do you think? Thumb up 5 Thumb down 3
  9. elizabethlxavier
    September 28, 2022

    “We hope the court will see fit to make this critical change in support of human rights for all”. News Article

    Why does MiRiDom compare the conducts of “buggery” with “human rights” a behavior which is indeed “gross indecency.”?

    It is no doubt that human beings with self-pride would feel uncomfortable to make friends with such people in order to protect their own moral conducts

    A man of a homosexual trait will definitely become attracted to any man, and will try to make sexual advance towards him; just as normal man becomes attracted to to a beautiful woman and will approach her, intending to become her Lover

    Obviously, the first example would create much contention, as far as normal men are concerned, for who knows what these men might do to protect their self?

    Where does “human rights” fits in with a “homosexual” and his desire to maintain sexual conducts with any man? In most cases the young boys are the victims of those men

    Hot debate. What do you think? Thumb up 5 Thumb down 10
  10. The old Prophet
    September 28, 2022

    While I am not gay I will say that everyone has a right to do with their body as long as their conduct does not affect the rights of others. At the end God is the righteous judge who will judge all of us for our wrongs.
    What I hate is the hypocrisy of Dominicans. The same ones that are pretending to be so godly with matters like homosexuality these same people will fight you if you talk against corruption, money laundering, the adulterous life style of their favorite evil politicians and other gross ungodly deeds of their leader. In fact in most cases not only are they supporting his evil but some of these hypocrites are even partakers of his evil.

    Well-loved. Like or Dislike: Thumb up 41 Thumb down 13
    • Joke I joking
      September 28, 2022

      But if it is legal when Peter Weak Ham comes to do his election poll he can marry his friend in public

      • Toto
        September 30, 2022

        Boy, you behind the times. Peter Wickham from Barbados married his longtime Italian boyfriend in France last year and DNO reported on that I believe. So it’s all legal in France and Barbados I presume.

    • Red Ants Bite
      September 28, 2022

      I too not in support of that lifestyle and respect the right of those that want it legal. I hearing and now seeing so many Dominicans are against it I am asking myself if their opinion would change say if the supreme leader says he is gay or if he makes legalizing homosexuality part of his next election campaign like he did with ganja. I bet many of these Laborites and church people that speaking against it would support it if their supreme leader supports it. In fact people like the evangelists would even misquote scriptures to justify it

      Hot debate. What do you think? Thumb up 5 Thumb down 6
    • smh
      September 28, 2022

      Two wrongs don’t make a right. All those things you mentioned are wrong. Homosexuality is also wrong. Government already made it clear that they can exercise control over people with policies like mandatory lockdowns, vaccine mandates etc. All of those things violate the rights of the individual. At the very least we should be using that power to ensure that sexual immorality doesn’t become as rampant in our small countries as it has become in the developed countries where their societies are falling apart as a result of their acceptance of SIN

      Hot debate. What do you think? Thumb up 7 Thumb down 4
  11. Unbias
    September 28, 2022

    I have read all the comments on Facebook regarding this article. Most people are horrified at the prospect of legalising gay relationships. But what is more horrifying is that nobody is horrified when news of sexual abuse against young children in Dominica. Which is worst? People are quoting the bible saying that the bible says it’s wrong. But where in the bible says that grown men sexually abusing a minor is right? It doesn’t matter whether or not you believe in gay relationships, but Dominicans need to shift their believes to protecting our children and leave the gay community alone as they are not the ones abusing our little daughters.

    Hot debate. What do you think? Thumb up 7 Thumb down 7
  12. Pipo
    September 27, 2022

    This is very interesting. Only last Sunday close allies and benefactors Cuba, in a public referendum voted to legalise same-sex marriage. This is a move, far in advance of decriminalising buggery in Dominica but we should carefully observe such developments in light of our international relations.

    Well-loved. Like or Dislike: Thumb up 24 Thumb down 0
    • Toto
      September 29, 2022

      And you know, although communist orientated more than 60% of the population In Cuba are catholic but is not the church that is the law but the state. Something can be immoral but perfectly legal. Ask Sr counsel or even the PM if you don’t believe me.

  13. no means no
    September 27, 2022

    We do not want this sickness in our country that is taking over the developed countries. Over a decade ago they were begging for “acceptance” and “tolerance”. Now we have children being introduced to sexual content in schools in the name of LGBT, a sharp increase in children “identifying” as LGBT including transgender and all types of crazy things largely due to the influence on social media because it is so widely accepted, a flood of LGBT propaganda in media etc and it’s getting to the point that you cannot even talk about this stuff without risking problems with the law or your job etc.

    We do not want it here. If you want to practise your nasty lifestyle go to places like the US where it is accepted and tolerated. It is against the law for a reason

    Well-loved. Like or Dislike: Thumb up 26 Thumb down 21
    • and you are?
      September 28, 2022

      And exactly who is “we”? Who are YOU? Are you the rightful, sole opinion in Dominica? A sharp increase in children ‘identifying’ as LGBT+ means children finally feel safe enough to come out. Gay people exist, always did, and deserve rights and recognition like every other human being, deal with it.

      Hot debate. What do you think? Thumb up 6 Thumb down 8
  14. Joke I joking
    September 27, 2022

    I wonder who is this claimant that brought the challenge. DMO please tell me is not PM

    Well-loved. Like or Dislike: Thumb up 13 Thumb down 9
    • Galileo
      September 28, 2022

      Very sad and even shameful that some of you use these platforms to perpetuate silliness and ignorance. Grow up and treat serious matters as they should be treated.

      Hot debate. What do you think? Thumb up 5 Thumb down 4
    • Dominican Bwoi
      September 28, 2022

      Yes, I agree. Who is the claimant? DNO, name & shame. I’d like to put some money on their head :lol:

      In the words of the great Buju Banton “Boom bye bye inna batty bwoi head! Rude bwoi nuh promote no nasty man, dem haffi dead!”

      Name & shame and your Christmas will come early. God bless :)

      Well-loved. Like or Dislike: Thumb up 9 Thumb down 3
  15. September 27, 2022

    I wish the claimant success. One need not personally approve of those activities to recognise that there is no place for government to dictate what consenting adults can and cannot do in their private lives.

    Well-loved. Like or Dislike: Thumb up 33 Thumb down 19
    • Leng Sorhaindo
      September 28, 2022

      I endorse your views 100%. I wish the claimant every success.

      Well-loved. Like or Dislike: Thumb up 9 Thumb down 5
    • Ghoslah
      September 28, 2022

      Steve stip your nonsense. Thats God’s standard . Not man that dictating nothing. That abomination will never get rights in our country. We already committing other sins and getting scolded for them, you still want to add more? Nah bro

      Hot debate. What do you think? Thumb up 7 Thumb down 4
    • elizabethlxavier
      September 28, 2022

      Steve, I don’t believe that the Government is “dictating what consenting adults can or cannot do in their private lives”, they are influencing the people of Dominica to maintain a dignified behavior among themselves. If that is not their job, whose is it?

      You mention “private life”. Okay. But if that man was living a “private life” why is he in court defending himself, based on the bad treatment he receives from outsiders? Who is invading his privacy?

      “Homosexual behavior” and “Human rights” cannot blend as “One”, otherwise the World would be a very dirty place to live.

      I can walk in the pack and see a man & woman hugged-up in a loving kiss, and it will lighten up my heart.

      But I know for sure that everyone will be ashamed of the same man and woman involved in sexual conduct at that same pack, much worse for two men. They will all be arrested for their undignified behavior.

      There is no comparison between human rights and homosexuality.

      Hot debate. What do you think? Thumb up 6 Thumb down 11
    • BS
      September 28, 2022

      Nonsense argument. Governments do that all the time. Just for the past two years government completely dictated what EVERYBODY could do in their “private” lives for the sake of health. Considering what we see happening with things like monkey pox and the mental health issues like gender dysphoria, sexual perversion etc that are becoming more rampant with the widespread acceptance of sexual deviancy as a lifestlye, I beg to differ. As a society we should very much dictate that certain types of acts are not acceptable in society

      Hot debate. What do you think? Thumb up 5 Thumb down 4
      • Putin
        September 30, 2022

        Government can only dictate what happens in your private life IF there is a perceived threat to public health or national security. What is the threat to you if consenting adults decide to engage in anal sex? How does this impact the price of bread? How does this impact your right to live happily? It does not!

  16. Waiting For Airport
    September 27, 2022

    Dominica is one of the few places not infected with this alphabet disease! Families have died in 1st world countries, birth rates are down and strong broad shouldered men are running around mentally challenged trying to get the world to accept them as women.

    We don’t need this in D A. Man, Woman and child is what we need or else our populations will start dying out like it already is happening in big countries. Our population done small already!

    We need a group to advocate for more families, not less!

    Well-loved. Like or Dislike: Thumb up 36 Thumb down 24
    • What now?
      September 28, 2022

      I’m willing to gamble that you’ve never considered adopting or being a foster parent. Just say what you have a problem with without hiding behind being a family advocate.

      Hot debate. What do you think? Thumb up 4 Thumb down 5
      • Waiting For Airport
        September 29, 2022

        We talking about birth rates/population dropping as a result of less male/female interaction, you talking about adoption. If you don’t understand what the argument is, best you stay quiet!

    • ?
      September 28, 2022

      You sound horribly dunce and ignorant. Apart from your dreams and delusions, what is your source for this think piece on plummeting birth rates and gay people?

      Hot debate. What do you think? Thumb up 4 Thumb down 4
      • Waiting For Airport
        October 1, 2022

        ? – maybe you should have paid attention in biology class, you clearly don’t understand how the reproductive process works!

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