LGBT rights in Saint Kitts and Nevis
LGBT rights in Saint Kitts and Nevis | |
|---|---|
 | |
| Status | Legal since 2022 |
| Gender identity | no |
| Military | no |
| Discrimination protections | None |
| Family rights | |
| Recognition of relationships | No recognition of same-sex relationships |
| Adoption | None |
Lesbian, gay, bisexual, and transgender (LGBT) people in Saint Kitts and Nevis face legal challenges not experienced by non-LGBT residents. In 2022, Saint Kitts and Nevis rescinded its criminalization of homosexuality. However, the national penal code does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does the law recognize same sex unions in any form, whether it be marriage or partnerships. Households headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
Legality of same-sex sexual activity
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Following a ruling of the Eastern Caribbean Supreme Court on 29 August 2022, consensual same-sex intercourse between adult males, in private, is no longer illegal in Saint Kitts and Nevis.[1]
Previously, Sections 56 and 57 of the "Offences Against the Person Act" criminalized same-sex sexual activity.[2] The Court ruled that the sections violated the Saint Kitts and Nevis constitutional provisions guaranteeing a right to privacy and freedom of expression. The ruling had immediate effect.[3]
In 2011, the Government of St. Kitts and Nevis said it had “no mandate from the people” to abolish the criminalisation of homosexuality among consenting adults. However, despite the existence of the law on the books, there had been no known prosecution of same-sex sexual activity, according to the government.[4]
Social conditions
On 23 March 2005, the island of Nevis—part of the nation of Saint Kitts and Nevis—barred a cruise ship carrying 110 American passengers, mostly LGBT, from docking. A police boat halted the Source Events/Windjammer Barefoot Cruises ship and took the captain to shore for a meeting with port, police, customs and immigration officials, after which the ship was ordered to sail on. Port authority Acting General Manager Oral Brandy told reporters that Nevis does not want homosexuality "to be a part of our culture".[5]
Summary table
| Same-sex sexual activity legal |  (since 2022)
|
| Equal age of consent (16) | (since 2022)
|
| Anti-discrimination laws in employment only | 
|
| Anti-discrimination laws in the provision of goods and services |
|
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) |
|
| Same-sex marriages |
|
| Recognition of same-sex couples |
|
| Step-child adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Gays and lesbians allowed to serve openly in the military |
|
| Right to change legal gender | 
|
| Access to IVF for lesbians |
|
| Commercial surrogacy for gay male couples |
|
| MSMs allowed to donate blood |
|
See also
- Politics of Saint Kitts and Nevis
- LGBT rights in the Commonwealth of Nations
- LGBT rights in the Americas
- LGBT rights by country or territory
References
- ^ Clarke, Sherry Lyn (29 August 2022). "Eastern Caribbean Court Strikes Down Anti-Buggery Law". Nation News. Fontabelle, St. Michael, Barbados. Archived from the original on 30 August 2022. Retrieved 30 August 2022.
- ^ Refugees, United Nations High Commissioner for. "Refworld | Saint Kitts and Nevis: The situation of homosexuals; state protection and availability of support groups". Refworld.
- ^ "Court rules in favour of gay man". jamaica-gleaner.com. 2022-08-29. Retrieved 2022-08-30.
- ^ "St. Kitts and Nevis has no mandate to repeal homosexuality laws". Archived from the original on July 16, 2011.
- ^ "San Francisco Bay Times - LGBTQ News & Calendar for the Bay Area". San Francisco Bay Times.