Current Version
| Region | Antigua and Barbuda |
| Issue | LGBT discrimination |
| Status | Illegal |
| Start Date | Jul 5, 2022 |
| End Date | (none) |
| Description | As a result of the Eastern Caribbean Supreme Court's ruling that decriminalized sodomy, references to sex in the constitution were interpreted to include sexual orientation and gender identity as protected categories against discrimination. "In giving a liberal and purposive interpretation to section 14(3) of the Constitution the reference to “sex” ought not to merely reference a physical gender. Such an approach would be too linear and restrictive. The reference to “sex” would necessarily encompass concepts such as gender identity, sexual character, and sexual orientation. It would be self-defeating to the constitutional provision if the notion of sex were to be separated from matters of sexual orientation and sexual identification since the concept of sex as a physical gender carries with it a perception of how people identify and are oriented even in those instances when the identification and orientation are stereotypical or traditional in nature." |
| Sources | https://www.eccourts.org/orden-david-et-al-v-the-attorney-general-of-antigua-and-barbuda/ https://www.hrw.org/news/2022/07/11/antigua-and-barbuda-high-court-decriminalizes-gay-sex |
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Revision History (1)
created by PersianArchitecture
Helpful?
0 | Original entry | |
|---|---|
| Status | Illegal |
| Start Date | Jul 5, 2022 |
| End Date | (none) |
| Description | As a result of the Eastern Caribbean Supreme Court's ruling that decriminalized sodomy, references to sex in the constitution were interpreted to include sexual orientation and gender identity as protected categories against discrimination. "In giving a liberal and purposive interpretation to section 14(3) of the Constitution the reference to “sex” ought not to merely reference a physical gender. Such an approach would be too linear and restrictive. The reference to “sex” would necessarily encompass concepts such as gender identity, sexual character, and sexual orientation. It would be self-defeating to the constitutional provision if the notion of sex were to be separated from matters of sexual orientation and sexual identification since the concept of sex as a physical gender carries with it a perception of how people identify and are oriented even in those instances when the identification and orientation are stereotypical or traditional in nature." |
| Sources | https://www.eccourts.org/orden-david-et-al-v-the-attorney-general-of-antigua-and-barbuda/ https://www.hrw.org/news/2022/07/11/antigua-and-barbuda-high-court-decriminalizes-gay-sex |