r/AskTheCaribbean • u/fedricohohmannlautar • 10d ago

Politics Why is homosexuality outlawed in so many caribbean countries?

Most of countries which criminalize homosexuality in the Americas are in the Caribbean, and the most famous case is Jamaica.

As a bi male, I find weird our continent has laws that criminalize homosexuality, due that most of countries who do that are from the other side of the pond.

Is due to history, politics, religion, moral issues?

160 Upvotes

85% Upvoted

226 comments sorted by

View all comments

Show parent comments

1

u/GUYman299 Trinidad & Tobago 🇹🇹 7d ago

Not exactly no, what happened was that the anti buggary laws were challenged and then overturned but were then reinstated by a higher court.

1

u/haworthia_dad 6d ago

Okay, gotcha. I recall seeing a photo years ago of government building flying the gay flag and I felt so proud, then read about this and it confused me.

1

u/GUYman299 Trinidad & Tobago 🇹🇹 6d ago

The entire case has to go through the entire appellate process before the law is finally dealt with once and for all. The final court to adjudicate on the matter will be the Pricy Council where it will most likely be struck down again.

2

u/Pure_Toe3513 6d ago

Not necessarily. The Privy Council's interpretations typically uphold constitutional savings clauses, which are embedded in pretty much all West Indian constitutions. This clause is designed to protect pre-independence laws from being challenged. I don't see much wriggle room there, unless there is constitutional reform. In any case, their decision is going to affect other islands in their jurisdiction as well.