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Public Opinion

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History

Homosexual activity in Saint Mary

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Homosexual activity in Saint Mary is legal.

Current status
Since Jul 5, 2022
Legal
The High Court of Justice for Antigua and Barbuda ruled that sections of the Sexual Offences Act of 1995 which made homosexual sex illegal were unconstitutional, and struck them down.
Nov 2, 1995–Jul 4, 2022
Illegal (imprisonment as punishment)
The Sexual Offences Act of 1995 criminalises "buggery" with fifteen years imprisonment in Antigua and Barbuda. Lesbianism is also criminalised under "serious indecency".
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Apr 10, 1873–Nov 1, 1995
Male illegal, female legal
The Offences Against the Person Act of 1873 criminalised buggery in Antigua and Barbuda with up to ten years in prison and hard labour. Lesbianism remained legal until 1995.
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Same-sex marriage in Saint Mary

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Same-sex marriage in Saint Mary is unrecognized.

Current status
Unrecognized
Laws in place in Antigua and Barbuda regarding Marriage and Matrimonial Causes do not recognize nor ban same-sex marriage.

Censorship of LGBT issues in Saint Mary

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Censorship of LGBT issues in Saint Mary is no censorship.

Current status
No censorship
In Antigua and Barbuda, no laws currently restrict or prohibit the discussion or promotion of LGBTQ+ topics nor are any such restrictions actively enforced.
Sources:
www.state.gov/reports/2023-… - Section 6 paragraph 21
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Right to change legal gender in Saint Mary

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Right to change legal gender in Saint Mary is illegal.

Current status
Illegal
There is no legal gender recognition provided in Antigua and Barbuda.

Gender-affirming care in Saint Mary

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Gender-affirming care in Saint Mary is restricted.

Current status
Restricted
Access to gender-affirming care is restricted.
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Legal recognition of non-binary gender in Saint Mary

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Legal recognition of non-binary gender in Saint Mary is not legally recognized.

Current status
Not legally recognized
No way to change legal gender, including non-binary.
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LGBT discrimination in Saint Mary

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LGBT discrimination in Saint Mary 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."
Until Jul 4, 2022
No protections
Until 2022, there were no protections from discrimination provided to LGBTIQ+ people in Antigua and Barbuda.

LGBT employment discrimination in Saint Mary

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LGBT employment discrimination in Saint Mary is sexual orientation and gender identity.

Current status
Since Jul 5, 2022
Sexual orientation and gender identity
In 2022, the decriminalisation of homosexuality led to the references of sex in anti-discrimination laws being interpreted to also include sexual orientation and gender identity in Antigua and Barbuda, including in employment.
Until Jul 4, 2022
No protections
The Antigua and Barbuda Labour Code does not offer protection against discrimination on the basis of sexual orientation or gender identity.
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LGBT housing discrimination in Saint Mary

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LGBT housing discrimination in Saint Mary is sexual orientation and gender identity.

Current status
Since Jul 5, 2022
Sexual orientation and gender identity
In 2022, the decriminalisation of homosexuality led to the references of sex in anti-discrimination laws being interpreted to also include sexual orientation and gender identity in Antigua and Barbuda, including in housing.
Until Jul 4, 2022
No protections
Until 2022, no law in Antigua and Barbuda prohibited housing discrimination based on sexual orientation, or gender identity/expression.
Sources:
www.state.gov/reports/2023-… - Section 6, paragraph 18
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Same-sex adoption in Saint Mary

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Same-sex adoption in Saint Mary is single only.

Current status
Single only
The Children (Care and Adoption) Act (2015), states that “couple” means a man and a woman who are married to each other; or who are not married to each other, but are cohabiting in a relationship of some permanence. However, LGBTIQ+ singles can still adopt.
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Intersex infant surgery in Saint Mary

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Intersex infant surgery in Saint Mary is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Antigua and Barbuda but not reported.
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Serving openly in military in Saint Mary

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Serving openly in military in Saint Mary is don't ask, don't tell.

Current status
Don't Ask, Don't Tell
According to "Research Report on Issues Related to Stigma, Discriminations and Human Rights of LGBTI People in Antigua and Barbuda", due to ongoing training received, the system has adopted an implied “don’t ask, don’t tell” environment in which officers are treated professionally and equally regardless of their identity.
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Blood donations by MSMs in Saint Mary

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Blood donations by MSMs in Saint Mary is legal.

Current status
Legal
There are no known bans or restrictions on blood donations from men who have sex with men in Antigua and Barbuda.
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Conversion therapy in Saint Mary

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Conversion therapy in Saint Mary is not banned.

Current status
Not banned
Conversion therapy is legal in Antigua and Barbuda but not reported.
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Equal age of consent in Saint Mary

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Equal age of consent in Saint Mary is equal.

Current status
Since Jul 5, 2022
Equal
On July 5th, 2022, The High Court of Justice for Antigua and Barbuda struck down sections of the Sexual Offences Act of 1995 that made homosexuality illegal. In the ruling, the age of consent was set the same for any two persons, regardless of gender.
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Nov 2, 1995–Jul 4, 2022
N/A
In 1995, the Sexual Offences Act extended the criminalisation of homosexuality to include lesbians in Antigua and Barbuda.
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Apr 10, 1873–Nov 1, 1995
Female equal, male N/A
Male homosexuality was illegal in Antigua and Barbuda since 1873. Lesbianism remained legal until 1995.
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