The High Court has struck down colonial-era laws criminalising buggery and gross indecency, declaring them unconstitutional and incompatible with modern democratic values.

In a ruling delivered by Justice Innocent, the court found that Sections 132 and 133 of the Criminal Code violated rights protected under Saint Lucia’s Constitution, including privacy, liberty, security of the person, freedom of expression, and protection from discrimination.

The legal provisions under scrutiny at sections 132 and 133 of the Criminal Code have deemed sexual acts between persons of the same sex, and anal intercourse between males, as unlawful.

However, as the Court notes, these laws are discriminatory and are therefore against the Constitution.

“The court further declares that sections 132 and 133 of the Criminal Code infringe the claimants’ right and the right of LGBTQ persons to non-discrimination on the basis of sex guaranteed by sections 1 and 13 of the Constitution,” reasoned Justice Innocent.

The Eastern Caribbean Alliance for Diversity and Equality (ECADE), which led the regional legal challenge, described the decision as historic. Executive Director Kenita Placide said the ruling was “deeply personal” and a long-overdue affirmation of the humanity and rights of LGBTQ+ St Lucians.