The Belize Supreme Court today (August 10th) made a historic ruling in favor of gay
activist Caleb Orozco, and has struck down the country’s anti-sodomy
law. This is the first case launched in the Caribbean and the first case
where the sodomy laws have been overturned.
The case was brought to court in 2010, heard in 2013 and the ruling
came today, August 10, 2016. The long process has been spearheaded by
Caribbean allies, activists, advocates, academics, and legal experts.
Orozco challenged the law claiming that it infringes on the
‘Protections of the Fundamental Rights and Freedoms’ of the individual
guaranteed by Belize’s constitution.
Chief Justice Kenneth Benjamin, presiding over the court, accepted Orozco’s challenges on all counts, including:
- The law is a violation of the rights to dignity, privacy, equality and non-discrimination on grounds of sex;
- There is no public morality justification;
- International legal obligations must be complied with;
- The law must be modified;
- The costs were awarded to the claimant;
Section 53 of the Criminal Code will be amended to exclude penalty of
sexual acts between two consenting adults of the same gender.
“The decision today is deeply fulfilling, I am elated for
myself, but more so for all of LGBTIQ people in Belize. The Supreme
Court set a historic precedent in the country, and in the Caribbean more
widely, by upholding the dignity and equality of all citizens
regardless of their sexual orientation. Though I know much has yet to be
done to change attitudes in my country, this is a momentous step, and I
could not be more proud,” said Orozco, in response to the ruling.
In the groundbreaking decision, the court also extended its positive ruling to declare that the definition of “sex” in Section 16 (3) of the Constitution, outlining anti-discrimination, also includes sexual orientation.
“We are hopeful that this will contribute to a shift in the
Caribbean as a whole, where 10 countries still have remnants of colonial
sodomy laws. But the laws are only part of what needs to change. We
need a stronger movement across the region that can push for a change in
societal attitudes. This historic win will push us forward!” Stated
Kenita Placide, Caribbean Advisor of OutRight Action International.
Orozco, who serves as Executive Director of the United Belize
Advocacy Movement (UNIBAM), challenged Section 53 of the 1981 Criminal
Code of Belize claiming it to be unconstitutional, and violating his
right to human dignity, privacy, equality before the law, and freedom of
expression. Section 53 states that ‘every person who has carnal
intercourse against the order of nature with any person or animal shall
be liable to imprisonment for ten years.’ While the exact definition of
‘carnal intercourse against the order of nature’ is unclear, is has been
interpreted to encompass anal sex between two men or between a man and a
woman, regardless of consent. Notably, Section 53 of the Criminal Code
is a remnant of Belize’s colonial past. The code was amended in 1944,
before that time only non-consensual sex between two persons of the same
sex was criminalized.
Although the law was seldom enforced, is has been argued that the
simple presence of the law has contributed to harmful effects in broader
society and fed into the homophobic rhetoric of the Church. Belize is a
country where the highly religious public is openly hostile towards
LGBTIQ people, and social stigma and animosity against the community is
high. The Roman Catholic Church of Belize, the Belize Church of England
Corporate Body, and the Belize Evangelical Association of Churches were
all interested parties in the litigation and rallied against Orozco’s
challenge.
Since filing the case Orozco has been subject to even greater public
humiliation, threats, and bodily harm, including bean beaten over the
head with a metal rod and having his teeth broken. The word “Orozco” has even been added to the list of homophobic slurs yelled at gay men on the streets.
Despite the personal attacks, Orozco recognizes the importance that the case has carried for the LGBTIQ society in Belize.
“Taking the case to court was a call to action for the
LGBTIQ community in Belize and beyond. The community started coming
together and organizing, recognizing that standing in silence and
allowing injustices to prevail could no longer be the norm. We had
support from so many people from within the country and internationally;
this victory is all of ours to share. We have won in so many ways; we
are stronger than ever before, but we are nowhere near done,” Orozco
added.
Today’s decision is a landmark moment in Belizian history, and for
the Caribbean, and signifies a commitment from the government to protect
the privacy and rights of LGBTIQ Belizeans. However, much work has yet
to be done to ensure that society follows suit and that discrimination
against LGBTIQ people diminishes.
According to Maria Sjodin, Deputy Executive Director of OutRight
Action International, this challenge extends beyond the borders of
Belize. She states,
“The court ruling in Belize means that the number of
countries that criminalize same-sex behaviour is now down to 72, and
hopefully this downward trend can continue. But it is important to
remember that laws are only part of what impacts people's lives - the
fight to change societies must continue worldwide and this can only
happen with strong LGBTIQ movements.”
"We
are hopeful that this will contribute to a shift in the Caribbean as a
whole, where 10 countries still have remnants of colonial sodomy laws.
But the laws are only part of what needs to change. We need a stronger
movement across the region that can push for a change in societal
attitudes. This historic win will push us forward! " - Kenita Placide, Caribbean Advisor of OutRight Action International.