Antigua’s ‘anti-buggery’ law ruled unconstitutional

Gay people in Antigua and Barbuda are one step closer to living without being criminalized, after a court ruled this week, that the country’s so-called anti-buggery law is unconstitutional.

On Tuesday, the law which criminalizes gay people, was placed under question after an openly homosexual man and the Women Against Rape group argued that it offended their constitutional rights.

Antigua’s highest court, the Eastern Caribbean Supreme Court agreed on Tuesday that sections of the Sexual Offences Act indeed contravene the constitutional rights of the nation’s citizens.

The claimants were represented by Attorney Andrew O’Kola who said on Tuesday that the court’s decision was a victory for same-sex couples living in the twin-island nation and a step closer to achieving an end to discrimination against persons whose sexual preferences in the privacy of their home may differ from others.

“The law is no longer seeking to police or legislate against what people do in their homes. Each consenting adult has a right to love and express love in the manner they choose, without the state’s intrusion. “This monumental decision gives those oppressed by archaic sexual offenses provisions hope that they too can benefit from their fundamental rights as secured by a living constitution as interpreted by the court of law,” he said.

In Antigua and Barbuda, the law stipulates that a person who commits buggery (sexual intercourse by a male person with a male person or by a male person with a female person) is guilty of an offence and is liable on conviction to imprisonment – (a) for life, if committed by an adult on a minor; (b) for 15 years, if committed by an adult on another adult; (c) for five years, if committed by a minor.

Section 15 which punishes a person for sexual indecency excludes charges against (a) a husband and his wife; or (b) a male person and a female person each of whom is 16 years of age or more.

A case challenging Dominica’s law which criminalizes buggery and other sexual activity between consenting partners, including and in particular, partners of the same sex, was, in 2019, filed in the High Court of Justice in Dominica.

The gay man who brought the action is claiming that the law violates “numerous rights guaranteed in the Constitution of Dominica.”

The claimant, whose name and identity were not disclosed, is being represented by Attorney Cara Shillingford and supported financially by groups and advocates both in Dominica and elsewhere, including Minority Rights Dominica, the Canadian HIV/AIDS Legal Network, the University of Toronto’s International Human Rights Program and Lawyers Without Borders.

Founder and coordinator of Minority Rights Dominica (MiRiDom), Daryl Phillip described the filing of the case as an important day for MiRiDom.

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26 Comments

  1. jazz53
    July 8, 2022

    For the so claimed educated people, saying free society free speech you should know government is in place to create laws and the laws of the land we must obey, otherwise, there will be chaos, what should stop someone from reaping what you sew, or taking your parked car because it’s there, yes free society. The book of scriptures is so well written for the GOOD LORD SAW ALL THESE THINGS TO COME, YES! HE CALL YOU EDUCATED FOOLS. ROMANS 1:22.

    • Just Asking
      July 14, 2022

      Who the HELL were romans?

  2. Anthony P. Ismael Minister of Airport Development
    July 8, 2022

    One’s personal feelings and matters of the law are completely different. So long as they are consenting adults in the privacy of their homes, what does their particular orientation matter to us? It matters not. Good for the Antiguan Constitution. Common sense finally prevailed.

    Well-loved. Like or Dislike: Thumb up 11 Thumb down 6
  3. DNO Reader
    July 7, 2022

    The only time I recall a gay couple being brought before the court was the time dem cruise ship passengers engaged in “lewd and disorderly public conduct”..key word being “public”..
    It’s true that everybody has a right to live as they choose (as long as they don’t break the law)..but think of where we want to be as a God-fearing nation..think of Sodom and Gomorrah..
    Think of “Apres Bondie C’est La Terre”..
    There’s never been a persecution of gay people in our country..infact some have served in the upper echelon of “high society” from time immemorial..
    But they all “kept it in the closet”..and so please, to Miridom and all the others fighting for their “rights”..you already have the right to do what you want in the privacy of your own space..but at least think about our children..
    Do you really want them to be looking at man and man walking hand in hand like “nothing doh happen”?..is that the way you grew up in Dominica?..is that the change you want for our…

    Hot debate. What do you think? Thumb up 4 Thumb down 7
    • Rick
      July 8, 2022

      “Do you really want them to be looking at man and man walking hand” – yes! Exactly like looking at man and woman walking hand in hand. Love is Love.

    • July 9, 2022

      In that case, you should have no objection to that law being overturned.

  4. Bwa-Banday
    July 7, 2022

    Well well well is now gaarats gonna BULL ! Already they were doing it in broad daylight now they have license to even do it behind the churches and in the stables 8) . Where is King Ency when you need him? Can I hear the song “Watch ur Botton?” :twisted: :twisted: :twisted:

    When man in Dendals and Bolans hear their donkey braying, cow mooing and goats ber-ker-kering they better not think is thirsty they thirsty :mrgreen: :mrgreen: . Nuff wood gone pass on the a**es. But on a lighter note, those here hiding in high places will no longer have to go NY to do their nastiness since Antigua is just a stone throw away. But rest assured Skewoe himself watching and salivating so the law here is about to change too.

    Hot debate. What do you think? Thumb up 6 Thumb down 5
  5. jazz53
    July 7, 2022

    OK! we have reached that stage, now take the bible out of your court system, no one should have to swear on the bible. OH THIS WICKED WORLD WE LIVE IN, Yes satan is gaining great strength on the wicked ones . As for me no more meat for me God only knows what goes on or will on in the barnyard . God help us all.

  6. Channel 1
    July 7, 2022

    Oh what a can of worms that is being opened. With the legalization of the perversion of homosexuality, every other sexual perversion out there will eventually have to be legalized. Practitioners of ANY other sexual perversion can claim they were born with their particular sexual inclination & hence should not be discriminated against. (The exact Playbook of the Homosexual Agenda)

    Next on the list could very well be the desensitization towards & eventual acceptance of pedophilia. Such moves are already being advanced by some in a quiet, well-disguised, calculating manner. When the pedophilia movement becomes more embolden, look out for pleas from them to lower the age of consent.

    SEXUAL FANTASY & perversion ARE NOT human rights!!!

    Who are the covert financial backers & puppet-masters behind these regional NGO groups that are pushing for the legalization of homosexuality in Caribbean society? What REALLY is the Endgame of these people?

    THE TRUTH IS HIDDEN IN PLAIN SIGHT!!!

    Hot debate. What do you think? Thumb up 8 Thumb down 16
  7. Dominican Bwoi
    July 7, 2022

    Rasta man nah apologize to no batty boy

    Hot debate. What do you think? Thumb up 13 Thumb down 11
  8. Dominican Bwoi
    July 7, 2022

    My crew (my crew)
    My dogs (my dogs)
    Set rules
    (Set rules)
    Set laws
    (Set laws)

    We represent for di lords of yards
    A gyal alone a feel up mi balls

    From dem a par inna chi chi man car
    Blaze di fire mek we bun dem (bun dem)
    From dem a drink inna chi chi man bar
    Blaze di fire mek we dun dem (dun dem)

    Hot debate. What do you think? Thumb up 12 Thumb down 12
    • Ryan voss
      July 10, 2022

      Lol the next thing we hear is that you taking more wood than a bakery. N.B the ones who shout the loudest from the highest mountains are the ones doing it the most.

  9. Dominican Bwoi
    July 7, 2022

    Log on, AND STEP PON CHI CHI MAN

    Hot debate. What do you think? Thumb up 7 Thumb down 7
  10. Dominican Bwoi
    July 7, 2022

    A wise man named Vybz Kartel once sang on Romping Shop “Man to man, gyal to gyal, DATS WRONG!”

    Fyah bun

    Free Kartel

    Hot debate. What do you think? Thumb up 10 Thumb down 14
  11. July 6, 2022

    Good. Regardless of what one personally thinks of those activities, in a free society it’s not government’s place to say what consenting adults do in private.

    Well-loved. Like or Dislike: Thumb up 23 Thumb down 14
    • Toto
      July 7, 2022

      I agree with you Steve. I am strictly heterosexual straight but that does not mean everybody else is too. We know that is not so. We do have laws for offending public decency but they apply to everyone. Live and let live, agree to disagree and be happy.
      PS. Don’t invest too much in cryptocurrency. It is like pyramid selling, bad news.

      Well-loved. Like or Dislike: Thumb up 15 Thumb down 6
    • Typical Dominican
      July 7, 2022

      Key word being “private”
      It’s only a matter of time before they demand their “rights” to openly display their ungodly proclivities

      Hot debate. What do you think? Thumb up 10 Thumb down 17
      • Rick
        July 8, 2022

        Why shouldn’t gay couples be allowed to show their love for each other like other couples do?

  12. The Crow
    July 6, 2022

    Just now, bul1i#g animals will be made constitutional. Freaking madness. How bul1i#g a man be ok? How can a man sucking on another man’s lollipop be ok. This is just ungodly and beyond unnatural. Y’all can fight as much as y’all want, it will and never be natural. By the way, monkeypox is spread among bull@r$ just as aids once was. People don’t be fooled into acceptance!

    Hot debate. What do you think? Thumb up 12 Thumb down 14
    • Zandoli
      July 7, 2022

      @ Crow…..In other words, you want to impose your moral and religious standards on someone else. Let people determine what they do in the privacy of their homes.
      It is not for you or me to determine how people conduct themselves behind closed doors.

      Well-loved. Like or Dislike: Thumb up 12 Thumb down 7
      • The Crow
        July 8, 2022

        Your response is just ridiculous. Based on your argument anyone can have relations with a child, in the privacy of their home, and it is ok. Anyone can have relations with an animal, in the privacy of their home, and it’s ok. That can NEVER be ok just as bu11in$ can never be ok. No matter what you or others may say or try to spin it, it is just unnatural for man and man or woman on woman sexual relations! Biology proves that.

        Well-loved. Like or Dislike: Thumb up 7 Thumb down 2
        • Rick
          July 8, 2022

          “How can a man sucking on another man’s lollipop be ok” – how can it be less ok than licking a p***y? And the answer of Zandoli is not ridiculous at all as we are talking about consensual actions – not only about consensual sex, but also about love. Ridiculous are just your comparisons. Oh, and talking about biology: About 1,500 animal species are known to practice same-sex coupling – from insects, to fish, birds and mammals. Seems to be very natural.

        • Ryan voss
          July 10, 2022

          Can you stop the changing of the times? Can you stall the end of days ? Do you think that by all your righteous indignation that you can prevent what surely must come ? Blind and foolish thou art. Things will get worst for you should know that that people say the lord’s prayer all the time but never understand it. As it was in the beginning so it shall be in the end, but most importantly you say thy will be done but then you push your own will forward, and the devil laughs

  13. Ibo France
    July 6, 2022

    The CCJ ruled on the 2019 election petitions filed by lawyers on behalf of some local electors. This ruling has very serious implications not only for future elections in Dominica but a serious impact on the governance of the country.

    One would have thought that this significant judgment would be given preferential publicity by DNO et al. But no, invariably, DNO opted for this tittilating , salacious story about buggery.

    It’s clear, your priority seemingly lies in sexual perversion.

    Hot debate. What do you think? Thumb up 3 Thumb down 13
    • DNO Reader
      July 7, 2022

      You really need to take a deep breath before you start to “vent” bro..
      It have times you making some solid points but most times it’s like you just want to be there “bashing” people..especially DNO..
      I really was expecting to hear your view on one of the most controversial issues facing our country today..legalizing “buggery”..whether or not you’re in favour of it..
      Maybe you don’t care about that but we who live in Dominica care a whole lot about it.
      And I doubt that there is any other single issue on which UWP and DLP would agree besides the banning of “buggery”

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