LGBT rights in Barbados
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Lesbian, gay, bisexual and transgender (LGBT) people in
Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estimate). ...
do not enjoy the same rights as non-LGBT people. In December 2022, the courts ruled Barbados' laws against buggery and "gross indecency" were unconstitutional and struck them from the Sexual Offences Act. However, there is no recognition of same-sex relationships and only limited legal protections against discrimination. Because of Barbados' small population, many LGBT Barbadians choose to remain in the closet in fear that coming out would expose them to the entire country. Barbados held its first Pride Week in July 2018. Activities raising awareness and acceptance were hosted throughout the country. Pride celebrations were held again in July 2019 but did not go ahead in 2020, when numerous festivals were cancelled due to
Covid-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
. In September 2020, the government announced plans to recognize "some form" of civil unions between same-sex partners, as well as hold a referendum on gay marriage. The plans were welcomed by some gay rights campaigners, but criticized by others, who felt that the civil union proposal was unnecessarily vague and the marriage referendum was likely to fail.


Legality of same-sex sexual activity

Before the December 2022 court ruling that struck down buggery and gross indecency laws, same-sex and different-sex
anal Anal may refer to: Related to the anus *Related to the anus of animals: ** Anal fin, in fish anatomy ** Anal vein, in insect anatomy ** Anal scale, in reptile anatomy *Related to the human anus: ** Anal sex, a type of sexual activity involvin ...
and
oral sex Oral sex, sometimes referred to as oral intercourse, is sexual activity involving the stimulation of the genitalia of a person by another person using the mouth (including the lips, tongue, or teeth) and the throat. Cunnilingus is oral sex per ...
were criminalised under Chapter 154, Sections 9 and 12 of the ''Sexual Offences Act.'' Section 9 criminalised "buggery," regardless of whether the act was done in private and consensual, or whether it was done between two men or a man and a woman. Section 12 criminalised "serious indecency," which was defined as any act "involving the use of the genital organs for the purpose of arousing or gratifying sexual desire." Punishment for "buggery" was life imprisonment, while the maximum penalty for "serious indecency" was ten years in prison if the act was committed on or towards a person aged 16 or older. The law was rarely enforced, however.


Decriminalisation efforts

In 2018,
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
(HRW) published a report entitled: "I Have to Leave to be me: Discriminatory Laws Against LGBT People in the Eastern Caribbean". The organisation called on Barbados to repeal Section 9 and urged the
Government of Barbados The Government of Barbados (GoB), is a unitary parliamentary republic, where the President of Barbados represents as the head of state and the Prime Minister of Barbados represents as the head of government. Structure The country has a bicame ...
to create a safe environment for all Barbadians. A government minister subsequently warned that external forces were trying to impose
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
on the country. HRW called the minister's response a "cheap political trick", as their report does not mention same-sex marriage at all, and instead focuses on the discrimination and harassment LGBT people face in Barbados. In August 2016 and April 2018, the
Belize Supreme Court Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wate ...
and the Trinidad and Tobago High Court, respectively, ruled that laws criminalising homosexuality are unconstitutional. These rulings have been welcomed by Barbadian LGBT activists, who hope to have their own law repealed as well. However, Barbados' Constitution contains a "savings clause", which protects laws inherited by the former
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from constitutional review, even if these laws run counter to fundamental human rights, thus making any legal challenge to the buggery law difficult. As such, Barbadian LGBT activists have filed suit in international courts instead. In June 2018, transgender activist, Alexa Hoffmann, and two other Bajans, a lesbian and a gay man, filed a case with the
Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'', ...
(IACHR) challenging Chapter 154, sections 9 and 12 of the ''Sexual Offences Act'' with the help of by Trans Advocates and Agitation Barbados, the
Canadian HIV/AIDS Legal Network The HIV Legal Network (formerly the Canadian HIV/AIDS Legal Network) is Canada's leading advocacy organization working on the legal and human rights issues raised by HIV and AIDS. The organization actively promotes the human rights of people livin ...
, the
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International Human Rights Programme and other local and international advocates. The case was reviewed by the IACHR in 2018. In late July 2019, the Commission gave the Bajan Government three months to respond to the petition. If the state refuses to repeal its laws, the Commission can refer the matter to the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
, which can issue a binding decision mandating that Barbados repeal the laws. At a global homosexuality decriminalisation conference that was held in Barbados by LGBT activists, Minister of People Empowerment and Elder Affairs Cynthia Y. Forde said, "We have no fear of legal challenge to any of our legislation. That is how new law is made and how jurisprudence is enhanced and kept relevant." In response, several evangelical church leaders plan to meet to formulate an official response to the case. The Anglican Bishop of Barbados, as well as the Catholic Church, have come out in opposition to the buggery law, stating that, while they morally oppose homosexuality, governments must respect the rights of all persons, including LGBT people. On the other hand, some more
fundamentalist Fundamentalism is a tendency among certain groups and individuals that is characterized by the application of a strict literal interpretation to scriptures, dogmas, or ideologies, along with a strong belief in the importance of distinguishing ...
, extremist and
religious fanatic Religious fanaticism, or religious extremism, is a pejorative designation used to indicate uncritical zeal or obsessive enthusiasm which is related to one's own, or one's group's, devotion to a religion – a form of human fanaticism which cou ...
groups have attacked LGBT activists and LGBT people more broadly. These include the New Testament Church, which has made factually incorrect and unscientific comments regarding
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
, claiming that
heterosexuality Heterosexuality is romantic attraction, sexual attraction or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to ...
,
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
and
bisexuality Bisexuality is a romantic or sexual attraction or behavior toward both males and females, or to more than one gender. It may also be defined to include romantic or sexual attraction to people regardless of their sex or gender identity, whic ...
are chosen, and has argued that discrimination against LGBT people should be encouraged, while at the same time
victim playing Victim playing (also known as playing the victim, victim card, or self-victimization) is the fabrication or exaggeration of victimhood for a variety of reasons such as to justify abuse to others, to manipulate others, a coping strategy, attention ...
.


Recognition of same-sex relationships

There is no recognition of same-sex unions in Barbados. In June 2016, Attorney General
Adriel Brathwaite Adriel Dermont Brathwaite, SC (born 1962) is a Barbadian politician and lawyer, who formally held the positions of Attorney-General, Minister of Home Affairs, and Member of Parliament for Saint Philip South. Career Brathwaite is an attorney-at ...
said the Barbados Government would not change the law to allow for same-sex marriages. In January 2018, the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
(IACHR) ruled that the
American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...
mandates and requires the recognition of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. The ruling was fully binding on
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
and sets a binding precedent for other Latin American and Caribbean countries including Barbados. The Court ruled that same-sex marriage is a human right. In July 2020, the government launched the "Welcome Stamp" visa program, allowing foreign workers to stay on Barbados for up to one year. After receiving criticism that the program only allowed workers to bring their opposite-sex spouse with them, the government changed the program rules to allow same-sex spouses as well. On 15 September 2020, the government announced its intention to pass a form of civil union, and after that holding a referendum on the issue of
same sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, in order to end discrimination on the island.


Adoption and parenting

Same-sex couples are unable to legally adopt in Barbados. While not explicitly prohibited or regulated by law, the Barbados Fertility Centre offers
IVF In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) fr ...
and
artificial insemination Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatme ...
treatments to lesbian couples.
Surrogacy Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregnan ...
is illegal in Barbados.


Discrimination protections

In August 2020, the Barbados Parliament passed the Employment (Prevention of Discrimination) Act, 2020, which prohibits employment discrimination on the basis of sex, sexual orientation, marital status and domestic partnership status, among other grounds. Barbadian activist Alexa D.V. Hoffmann has argued that the bill excludes protections for trans workers because "gender identity" and "gender expression" are not listed as protected grounds of discrimination.


LGBT rights movement in Barbados

In 2013, Donnya Piggott and Ro-Ann Mohammed founded the association Barbados Gays, Lesbians and All-Sexuals Against Discrimination as an organization to create an education mechanism and open public dialogue in a supportive manner for the LGBT community of Barbados. Barbados held its first small pride event in November 2017. In July 2018, despite fear from backlash, around 120 people marched in the first
gay pride LGBT pride (also known as gay pride or simply pride) is the promotion of the self-affirmation, dignity, equality, and increased visibility of lesbian, gay, bisexual, and transgender (LGBT) people as a social group. Pride, as opposed to sham ...
parade on Rihanna Drive, in the capital
Bridgetown Bridgetown (UN/LOCODE: BB BGI) is the capital and largest city of Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Island ...
. Prime Minister
Mia Mottley Mia Amor Mottley, (born 1 October 1965) is a Barbadian politician and attorney who has served as the eighth prime minister of Barbados since 2018 and as Leader of the Barbados Labour Party (BLP) since 2008. Mottley is the first woman to hold ...
, elected in May 2018, is reportedly "pro-LGBT".


Social conditions

In February 2018, although she allowed him to stay over at her place due to personal issues, Brandon Coward attacked Bajan trans woman activist Alexa Hoffmann with a meat cleaver. The attack left Hoffmann with serious injuries, including to her throat. In April 2019, Coward was convicted and ordered to pay Hoffmann BDS$460 (US$230) or face three months in prison. On 20 November 2018, the first candlelight vigil was held in Barbados for transgender and gender non-conforming lives lost to transphobic and gender-based violence globally. This was the second demonstration for the
Transgender Day of Remembrance The Transgender Day of Remembrance (TDoR), also known as the International Transgender Day of Remembrance, has been observed annually (from its inception) on November 20 as a day to memorialize those who have been murdered as a result of transp ...
(TDoR) in the country, the first being a "Flash Stand for Equality and Inclusion" dedicated to transgender persons, which was held on 24 November 2017 as one of the launching activities of the first official Barbados Pride.


Homosexual refugee claims

In 2011, the
Government of Barbados The Government of Barbados (GoB), is a unitary parliamentary republic, where the President of Barbados represents as the head of state and the Prime Minister of Barbados represents as the head of government. Structure The country has a bicame ...
said it was investigating claims that some gay
Barbadians Barbadians or Bajans (pronounced ) are people who are identified with the country of Barbados, by being citizens or their descendants in the Barbadian diaspora. The connection may be residential, legal, historical or cultural. For most Barba ...
were seeking
refugee status A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.
in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. In 2016, a Guyanese newspaper reported that over 300 members of the LGBT community in Barbados were seeking asylum in Canada, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
because of persecution at home. The Bajan Minister for Foreign Affairs, Maxine McClean, stated a concern of the Government at these applications attempting to secure refugee status in Canada since two of the nine applications to the Canadian Government had already been denied and questions have been raised as to whether it is an attempt at abusing the refugee system to Canada. The Bajan organisation United Gays and Lesbians Against AIDS, Barbados (UGLAAB) stated it was also looking to conduct its own investigation on the same allegations. The Barbabdian Ambassador to the United States, John Beale, later commented to the local press that some of the other nations in region were among the highest number of such refugee applications to the United States, but he went on to say that the U.S. Embassy to
Bridgetown Bridgetown (UN/LOCODE: BB BGI) is the capital and largest city of Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Island ...
had not yet reported any specific problems within Barbados to the
United States State Department The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
. The ambassador highlighted that sodomy laws were a part of statute law for Barbados and that the Barbadian Government should perhaps consider formally retiring those laws to maintain Barbados' good image internationally.


International relations

In 2011, the
Prime Minister of the United Kingdom The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet and selects its ministers. As modern pr ...
,
David Cameron David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
, stated during the
Commonwealth Heads of Government Meeting The Commonwealth Heads of Government Meeting (CHOGM; or) is a biennial summit meeting of the governmental leaders from all Commonwealth nations. Despite the name, the head of state may be present in the meeting instead of the head of go ...
(CHOGM) in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
that his Government would find it difficult to provide aid for countries which still had laws banning sodomy on their statute books. Thereafter, the Attorney General for Barbados
Adriel Brathwaite Adriel Dermont Brathwaite, SC (born 1962) is a Barbadian politician and lawyer, who formally held the positions of Attorney-General, Minister of Home Affairs, and Member of Parliament for Saint Philip South. Career Brathwaite is an attorney-at ...
stated publicly that Barbados would not be dictated to by the United Kingdom. Following the statement, several members of Barbados' openly gay community stated that Barbados should begin to offer packaged tourism deals for gay tourists. However, an informal comment line by the Barbados Nation newspaper found that plan to be disliked by some. Following the UK's comment, the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a huma ...
established a unit to tackle gay rights. It noted the problems some of the laws in the region presented and stated that it would "promote the harmonious development of all its work areas based on the interdependence and indivisibility of all human rights and the need to protect the rights of all individuals and groups historically subjected to discrimination."


Public opinion

Recent polls conducted by Caribbean Development Research Services Inc. (CADRES) have found Barbadians to be more tolerant than previous years. In a 2016 poll conducted by CADRES, 67% of Barbadians described themselves as tolerant of the LGBT community. Another 82% also opposed discrimination against the LGBT community. In recent years, due in part to the rapid legalisation of same-sex marriage in many countries including the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, many American evangelical ministers have come to Barbados. Human rights activists have accused them of spreading and preaching violence and hatred. Owing to these evangelical ministers, homophobic rhetoric in Barbados has become more widespread.


Summary table


See also

*
Politics of Barbados The politics of Barbados function within a framework of a parliamentary republic with strong democratic traditions; constitutional safeguards for nationals of Barbados include: freedom of speech, press, worship, movement, and association. Execut ...
*
LGBT rights in the Commonwealth of Nations The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expressio ...
*
LGBT rights in the Americas Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in the Americas, and acceptance of LGBT persons varies widely. Same-sex marriages are currently legal in Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, ...
*
LGBT rights by country or territory Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, , 33 ...


References


Further reading


BC’S B’DOS: Gay bashing
7 Nov. 2011 {{DEFAULTSORT:Lgbt Rights in Barbados Politics of Barbados Barbadian culture