Dominican Republic Court overturns ban on LGBTQ+ relations in police and armed forces

The landmark ruling has been hailed as a major step for LGBTQ+ rights as judges declare the discriminatory provisions unconstitutional.

The flag of the Dominican Republic

The Constitutional Court of the Dominican Republic has delivered a historic judgment striking down long-standing provisions that criminalised consensual LGBTQ+ conduct within the country’s National Police and Armed Forces. The decision has been widely welcomed by human rights organisations, which described it as a long-overdue move towards equality and dignity for LGBTQ+ personnel.

Under the previous Codes of Justice for the security forces, police officers found engaging in same-sex relations could face up to two years in prison police and while those in the military could face up to a year. No comparable penalties existed for heterosexual conduct, a disparity the court found impossible to justify. In its ruling, the court declared these references “not in accordance with the Constitution” and ordered their removal, stressing that the criminalisation of same-sex intimacy within the security forces served no “legitimate constitutional interest”, nor contributed to institutional efficiency.

The judges further emphasised that no regulation, whether issued by state authorities or private institutions, may diminish a person’s rights on the basis of sexual orientation, an essential aspect, they wrote, of personal privacy and the free development of one’s personality.

Human rights advocates have praised the ruling. Manuel Meccariello, director of the Human Rights Observatory for Vulnerable Groups, said the decision was unquestionably overdue, noting that “no one should be discriminated against, not only within the police and armed forces, but in society as a whole.” He clarified, however, that the ruling does not authorise romantic relationships at work, as all personnel must continue to follow standard labour regulations.

Human Rights Watch, which participated in the case, welcomed the outcome. Senior researcher Cristian González Cabrera said that for decades, LGBTQ+ officers had lived in fear of punishment “simply for who they are,” describing the ruling as a powerful confirmation that an inclusive future is both possible and required under Dominican law.

The Human Rights Campaign called the judgment a “landmark victory for equality,” while lawyer Anderson Javiel Dirocie De León, one of the challengers, noted that although more progress is needed, the ruling establishes a crucial precedent.

Despite this advance, the Dominican Republic still lags behind many Caribbean and Latin American nations on broader LGBTQ+ rights. Activists are now urging President Luis Abinader and Congress to build on the momentum by enacting long-delayed protections against discrimination and violence, signalling a meaningful commitment to equality for all citizens.

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