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LGBT Rights in Antigua and Barbuda

    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

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

?

Homosexual activity in Antigua and Barbuda is legal.

Current status
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.
Added by LGBT_southeastasian  ·  1 accurate vote  ·  Report Error  ·  Log

1995–Jul 5, 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.”
Added by murrayhawthorne  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Antigua and Barbuda

?

Same-sex marriage in Antigua and Barbuda is foreign same-sex marriages recognized only.

Current status
Foreign same-sex marriages recognized only
Legalization required by the 2018 IACHR Ruling. Under 2018 IACHR ruling.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Antigua and Barbuda

?

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.
Added by equaldex  ·  2 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Antigua and Barbuda

?

Right to change legal gender in Antigua and Barbuda is illegal.

Current status
Illegal
Full Legalization required by 2018 IACHR Ruling.
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Antigua and Barbuda

?

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.
Added by Notdog1996  ·  2 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Antigua and Barbuda

?

LGBT discrimination in Antigua and Barbuda is illegal.

Current status
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."
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log

Sep 1, 2020–Jul 5, 2022
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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Antigua and Barbuda

?

LGBT employment discrimination in Antigua and Barbuda is sexual orientation and gender identity.

Current status
Since Jul 5, 2022
Sexual orientation and gender identity
Per Eastern Caribbean Supreme Court ruling
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jul 5, 2022
No protections
Homosexuality illegal
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Antigua and Barbuda

?

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
Added by SunnyDex  ·  0 accurate votes  ·  Report Error  ·  Log

Until Jul 5, 2022
No protections
Homosexuality illegal
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Antigua and Barbuda

?

Same-sex adoption in Antigua and Barbuda is single only.

Current status
Single only
Must be residents of the country.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Antigua and Barbuda

?

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.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Antigua and Barbuda

?

Blood donations by MSMs in Antigua and Barbuda is legal.

Current status
Legal
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Antigua and Barbuda

?

Conversion therapy in Antigua and Barbuda is ambiguous.

Current status
Ambiguous
Unknown.
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Antigua and Barbuda

?

Equal age of consent in Antigua and Barbuda is equal.

Current status
Since Jul 5, 2022
Equal
Supreme court July 2022 ruling made age of consent equal.
Added by murrayhawthorne  ·  0 accurate votes  ·  Report Error  ·  Log


LGBT Rights by Dependency

View the LGBT laws in each individual dependency of Antigua and Barbuda.