On July 29, the Eastern Caribbean Supreme Court delivered a landmark ruling declaring provisions of the St. Lucia penal code that criminalised consensual same-sex intimacy unconstitutional.

The ruling was handed down following a legal challenge brought by the Eastern Caribbean Alliance for Diversity and Equality (ECADE), a regional LGBTQ+ advocacy group. It overturns Sections 132 and 133 of the Criminal Code 202, which criminalised acts of “buggery” and “gross indecency” between consenting adults.

The laws, which were originally introduced under British colonial rule, imposed punishments of up to 10 years in prison for these offences. While the laws weren’t enforced in recent times, activists and legal experts argued that they remained a threat to the island’s LGBTQ+ community.

The court ruled that these laws violated fundamental rights which are enshrined in St. Lucia’s constitution, including the rights to privacy, freedom of expression and protection from discrimination. The case builds on a 2021 ruling from a regional human rights tribunal, which found that provisions criminalising same-sex activity were in violation of international law.

“This decision is deeply personal,” ECADE Executive Director Kenita Placide said. “For many years we’ve worked to see the rights, lives and dignity of LGBTQ+ persons in St. Lucia and the OECS (Organisation of Eastern Caribbean States) protected.”

“Today’s ruling is not just a win in the courts, it also represents a step towards justice for the many lives lost to violence simply for being themselves,” Placide continued. “It signals that our Caribbean can and must be a place where all people are free and equal under the law.”

Téa Braun, chief executive of the Human Dignity Trust, also welcomed the ruling, saying: “This victory marks another significant legal milestone for the LGBT community in the Caribbean and demonstrates the importance of the courts when lawmakers fail to respect fundamental human rights.

“We extend our heartfelt congratulations to the litigants and activists who have tirelessly pursued justice.”

Following the ruling, St. Lucia becomes the fifth Eastern Caribbean country to decriminalise consensual sexual activity between same-sex people. Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Dominica have all struck down similar laws in recent years.