- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Foreign same-sex marriages recognized only
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Single only
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Ambiguous
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Until Jul 5, 2022
Public Opinion
Support for same-sex marriage (North and South America) ?
Ranked #23 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)
(88.1%) Disapprove
Approve (11.9%)
Acceptance of Gay People in Public Office (North and South America) ?
Ranked #25 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)
(78.5%) Disapprove
Approve (21.5%)
History
Homosexual activity in Antigua and Barbuda is legal.
Current status
Since Jul 5, 2022
Since Jul 5, 2022
Legal
The high court of Justice for Antigua and Barbuda ruled that sections of the Penal Code that made consensual same-sex intimacy illegal were unconstitutional, and void, therefore legalizing homosexuality since 2022.
Illegal (up to life in prison as punishment)
Sexual Offences Act of 1995 (Act No. 9)
Buggery
Article 12.
“(1) A person who commits buggery is guilty of an offence and
is liable on conviction to imprisonment -
(a) for life, if committed by an adult on a minor;
(b) for fteen years, if committed by an adult on another adult;
(c) for ve years, if committed by a minor.
(2) In this section “buggery” means sexual intercourse per
anum by a male person with a male person or by a male
person with a female person.”
Serious indecency
Article 15. “(1) A person who commits an act of serious
indecency on or towards another is guilty of an offence and is
liable on conviction to imprisonment -
(a) for ten years, if committed on or towards a minor under
sixteen years of age;
(b) for ve years, if committed on or towards a person sixteen
years of age or more,
(2) Subsection (1) does not apply to an act of serious indecency
committed in private between -
(a) a husband and his wife; or
(b) a male person and a female person each of whom is
sixteen years of age or more;
(3) An act of “serious indecency” is an act, other than sexual
intercourse (whether natural or unnatural), by a person
involving the use of genital organ for the purpose of arousing
or gratifying sexual desire.”
Buggery
Article 12.
“(1) A person who commits buggery is guilty of an offence and
is liable on conviction to imprisonment -
(a) for life, if committed by an adult on a minor;
(b) for fteen years, if committed by an adult on another adult;
(c) for ve years, if committed by a minor.
(2) In this section “buggery” means sexual intercourse per
anum by a male person with a male person or by a male
person with a female person.”
Serious indecency
Article 15. “(1) A person who commits an act of serious
indecency on or towards another is guilty of an offence and is
liable on conviction to imprisonment -
(a) for ten years, if committed on or towards a minor under
sixteen years of age;
(b) for ve years, if committed on or towards a person sixteen
years of age or more,
(2) Subsection (1) does not apply to an act of serious indecency
committed in private between -
(a) a husband and his wife; or
(b) a male person and a female person each of whom is
sixteen years of age or more;
(3) An act of “serious indecency” is an act, other than sexual
intercourse (whether natural or unnatural), by a person
involving the use of genital organ for the purpose of arousing
or gratifying sexual desire.”
Censorship of LGBT Issues in Antigua and Barbuda is no censorship.
Current status
No censorship
In Antigua and Barbuda, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Antigua and Barbuda is illegal.
Current status
Illegal
Full Legalization required by 2018 IACHR Ruling.
Legal recognition of non-binary gender in Antigua and Barbuda is not legally recognized.
Current status
Not legally recognized
No way to change legal gender, including non-binary.
LGBT discrimination in Antigua and Barbuda is illegal.
Current status
Since Jul 5, 2022
Since Jul 5, 2022
Illegal
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."
"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."
Illegal in some contexts
Pursuant to rule 7(1) of the Eastern Caribbean Supreme Court (Sentencing Guidelines) Rules 2019, adopted by Antigua and Barbuda under Statutory Instrument No. 49 (2019), Practice Direction 8E No. 1 (effective 1 September 2020) includes under Section 5(j) the crime of murder motivated by the victim’s sexual orientation among the exceptionally serious crimes that could lead to the imposition of life imprisonment for the perpetrator.
LGBT housing discrimination in Antigua and Barbuda is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
Per Eastern Caribbean Supreme Court ruling
Until Jul 5, 2022
No protections
Homosexuality illegal
Same-sex adoption in Antigua and Barbuda is single only.
Current status
Single only
Must be residents of the country.
Serving openly in military in Antigua and Barbuda is legal.
Current status
Legal
Unofficial don't ask don't tell because same sex activity is illegal.
Blood donations by MSMs in Antigua and Barbuda is legal.
Current status
Legal
Conversion therapy in Antigua and Barbuda is ambiguous.
Current status
Ambiguous
Unknown.
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