The non-profit alliance St. Kitts & Nevis for Equality and Jamal Jeffers, a gay man, had sued the tiny country’s attorney general, arguing that the right to liberty allows people to choose an intimate partner and have consensual sex with whomever and however they want.
They also argued that the right to privacy in the local constitution is not limited to protection against illegal searches.
The St. Lucia-based court found in their favor, with Supreme Court Justice Trevor Ward writing that sections of the 1873 law dealing with sodomy affected “the right of claimants to determine how they, as individuals choose to express their sexuality privately with another consenting adult”.
The local government had argued that freedom of expression does not apply to sexual orientation and claimed that moral norms were the foundation of St. Kitts and Nevis: “Any deviation from these fundamental beliefs opens the door to practices that can change and compromise the survival of the culture and personality of the Federation ”, which is said to be “founded on faith in Almighty God and the inherent dignity of every individual”.
The law, although rarely used, was amended in 2012 to increase the maximum sentence for indecent assault on men from four years to 10 years, including the possibility of hard labour.
The head of the St. Kitts Evangelical Association, which represents about 30 Christian churches, had filed an affidavit in support of the law, arguing that “the moral and religious fiber of the community should influence any interpretation of the Constitution,” it said. decision.
The court rejected those arguments, writing that “public morality is not synonymous with religious dogma or public opinion.”
“We have made history,” said Kenita Placide, executive director of the Eastern Caribbean Alliance for Diversity and Equity. “A positive decision means a yes to privacy and a yes to freedom of expression.”
The Joint United Nations Program on HIV and AIDS supported the decision on Twitter, calling it “great news.”
Previously, courts in Belize, Trinidad & Tobago and Antigua & Barbuda have found such laws unconstitutional. Other cases in Barbados and St. Lucia are pending.
