Lesbian, gay, bisexual, and transgender (LGBT) persons in Saint Kitts and Nevis face legal challenges not experienced by non-LGBT residents. The 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.
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
^Clarke, Sherry Lyn (29 August 2022). "Eastern Caribbean Court Strikes Down Anti-Buggery Law". Nation News. Fontabelle, St. Michael, Barbados. 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.
^"San Francisco Bay Times - LGBTQ News & Calendar for the Bay Area". San Francisco Bay Times.
August 24, 2023
lgbt, rights, saint, kitts, nevis, lesbian, bisexual, transgender, lgbt, persons, saint, kitts, nevis, face, legal, challenges, experienced, lgbt, residents, penal, code, does, address, discrimination, harassment, account, sexual, orientation, gender, identity. Lesbian gay bisexual and transgender LGBT persons in Saint Kitts and Nevis face legal challenges not experienced by non LGBT residents The 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 LGBT rights in Saint Kitts and NevisSaint Kitts and NevisStatusLegal since 2022Gender identitynoMilitarynoDiscrimination protectionsNoneFamily rightsRecognition of relationshipsNo recognition of same sex relationshipsAdoptionNone Contents 1 Legality of same sex sexual activity 2 Social conditions 3 Summary table 4 See also 5 ReferencesLegality of same sex sexual activity Recognition of same sex unions in the Lesser Antilles and Puerto Rico Same sex marriage Binding domestic court ruling establishing same sex marriage but marriage is not yet provided for Other type of partnership Unregistered cohabitation No recognition of same sex couples Constitutional ban on same sex marriage Same sex sexual activity illegal but penalties not enforced Island subject to IACHR ruling vteFollowing 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 conditionsOn 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 tableSame 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 LGBT portalPolitics of Saint Kitts and Nevis LGBT rights in the Commonwealth of Nations LGBT rights in the Americas LGBT rights by country or territoryReferences 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 amp Calendar for the Bay Area San Francisco Bay Times Retrieved from https en wikipedia org w index php title LGBT rights in Saint Kitts and Nevis amp oldid 1163499738, wikipedia, wiki, book, books, library,
