LGBTQ rights in Grenada: Difference between revisions

LGBTQ rights in Grenada
LGBTQ rights in Grenada
	Grenada
Status	Illegal
Penalty	Up to 10 years imprisonment (not enforced)
Gender identity	No
Military	Has no military
Discrimination protections	None
Family rights
Recognition of relationships	No recognition of same-sex relationships
Adoption	No

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Lesbian, gay, bisexual, and transgender (LGBT) people in Grenada may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of sexual orientation or gender identity, nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.

Legality of same-sex sexual acts

Homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for ten years.^[1]

The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons. However, in section 7, the criminal law prohibits "Committing grossly indecent act; is stated in gender-neutral terms. By implication it covers both opposite-sex and same-sex acts. The act of gross indecency must be committed wilfully and in public." Under this section female homosexuality is illegal under public indecency laws.^[2]

In May 2013, the president of the Senate of Grenada called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws.^[3]

Discrimination protections

There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.^[4]

Grenadan law does not address discrimination or harassment on the account of sexual orientation or gender identity.

Summary table

Same-sex sexual activity legal	(Penalty: Up to 10 years' imprisonment, not enforced)
Equal age of consent
Anti-discrimination laws in employment
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	Has no military
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

References

^ "Grenada: Criminal Code". WIPO Lex. Retrieved 1 January 2020.
^ "Criminal Law Concerning Same-Sex Intimacy in Grenada" (PDF). Office of the United Nations High Commissioner for Human Rights. Retrieved 26 May 2018.
^ "Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men". The Washington Post. 28 May 2013. Archived from the original on 29 May 2013. Retrieved 29 May 2013.
^ "Grenada: Constitution, 1973". Georgetown University. Retrieved 26 May 2018.

[1] "Grenada: Criminal Code". WIPO Lex. Retrieved 1 January 2020.

[2] "Criminal Law Concerning Same-Sex Intimacy in Grenada" (PDF). Office of the United Nations High Commissioner for Human Rights. Retrieved 26 May 2018.

[3] "Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men". The Washington Post. 28 May 2013. Archived from the original on 29 May 2013. Retrieved 29 May 2013.

[4] "Grenada: Constitution, 1973". Georgetown University. Retrieved 26 May 2018.

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[2]

[3]

[4]

@@ Line 1: / Line 1: @@
-{{short description|Rights of LGBT people in Grenada}}
+{{short description|none}}
+{{Use dmy dates|date = January 2020}}
 {{Infobox LGBT rights
 | location_header = Grenada
 | image        = Grenada in its region.svg
 | caption      = [[Grenada]]
-| legal_status = Male illegal<br/>Female legal
+| legal_status = Illegal
-| penalty      = Up to 10 years in prison
+| penalty      = Up to 10 years imprisonment (not enforced)
-| gender_identity_expression = no
+| gender_identity_expression = No
 | recognition_of_relationships = No recognition of same-sex relationships
-| adoption     = no
+| adoption     = No
 | military     = [[List of countries without armed forces|Has no military]]
 | discrimination_protections = None
 }}
-'''Lesbian, gay, bisexual, and transgender (LGBT)''' persons in [[Grenada]] may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of [[sexual orientation]] or [[gender identity]], nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
+Lesbian, gay, bisexual, and transgender (LGBT) people in [[Grenada]] may face legal challenges not experienced by non-LGBT residents. The penal code makes same-sex acts on Grenada proper illegal with a punishment up to 10 years in prison, it also does not address discrimination or harassment on the account of [[sexual orientation]] or [[gender identity]], nor does it recognize same sex unions in any form, whether it be marriage or partnerships. Household headed by same-sex couples are also not eligible for any of the same rights given to opposite-sex married couples.
 == Legality of same-sex sexual acts ==
 {{Same-sex marriage map Lesser Antilles}}
-Male-on-male homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., [[anal sex|anal penetration]]. Such offence is punishable by imprisonment for ten years.<ref>{{cite web|url=https://wipolex.wipo.int/en/text/253233|title=Grenada: Criminal Code|last=|first=|date=|website=[[WIPO Lex]]|url-status=live|archive-url=|archive-date=|accessdate=1 January 2020}}</ref>
+Homosexuality is illegal in Grenada proper. Under the Grenada Criminal Code, Section 431, the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., [[anal sex|anal penetration]]. Such offence is punishable by imprisonment for ten years.<ref>{{cite web|url=https://wipolex.wipo.int/en/text/253233|title=Grenada: Criminal Code|website=[[WIPO Lex]]|access-date=1 January 2020}}</ref>
-The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons.<ref>{{cite web|url=http://www2.ohchr.org/english/bodies/hrc/docs/ngos/LGBTShadow_Grenada_annex.pdf|title=Criminal Law Concerning Same-Sex Intimacy in Grenada|last=|first=|date=|website=[[Office of the United Nations High Commissioner for Human Rights]]|publisher=|url-status=live|archive-url=|archive-date=|accessdate=26 May 2018}}</ref>
+The Criminal Code does not specify the ‘penetrating’ object, although by reliance on the common law, the penetrating object is the penis. The offence is committable by male person with/to male person and/or male person with/to female. The offence cannot, however, be committed by two female persons. However, in section 7, the criminal law prohibits "Committing grossly indecent act; is stated in gender-neutral terms. By implication it
+covers both opposite-sex and same-sex acts. The act of gross indecency must be
+committed wilfully and in public." Under this section female homosexuality is illegal under public indecency laws.<ref>{{cite web|url=http://www2.ohchr.org/english/bodies/hrc/docs/ngos/LGBTShadow_Grenada_annex.pdf|title=Criminal Law Concerning Same-Sex Intimacy in Grenada|website=[[Office of the United Nations High Commissioner for Human Rights]]|access-date=26 May 2018}}</ref>
+In May 2013, the president of the [[Parliament of Grenada#Senate|Senate of Grenada]] called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws.<ref>{{Cite news|url=https://www.washingtonpost.com/world/the_americas/leader-of-grenadas-senate-calls-for-island-to-reconsider-its-laws-banning-sex-between-men/2013/05/28/d80b0bde-c7f4-11e2-9cd9-3b9a22a4000a_story.html|title=Leader of Grenada's Senate calls for island to reconsider its laws banning sex between men|date=28 May 2013|newspaper=[[The Washington Post]]|url-status=dead|archive-url=https://web.archive.org/web/20130529183226/https://www.washingtonpost.com/world/the_americas/leader-of-grenadas-senate-calls-for-island-to-reconsider-its-laws-banning-sex-between-men/2013/05/28/d80b0bde-c7f4-11e2-9cd9-3b9a22a4000a_story.html|archive-date=29 May 2013|access-date=29 May 2013}}</ref>
-Such activity is not illegal in the [[Southern Grenadines]], which are a dependency of Grenada.<ref>{{Cite web|url=https://www.equaldex.com/region/grenada/southern-grenadine-islands|title=LGBT Rights in Southern Grenadine Islands, Grenada|last=|first=|date=|website=Equaldex|language=en|url-status=live|archive-url=|archive-date=|access-date=1 January 2020}}</ref>
-In May 2013, the president of the [[Parliament of Grenada#Senate|Senate of Grenada]] called the island to reconsider its ban on same-sex sexual relationships and said that “the day is fast approaching” for Grenada and other Caribbean countries to repeal their sodomy laws.<ref>{{Cite web|url=https://www.washingtonpost.com/world/the_americas/leader-of-grenadas-senate-calls-for-island-to-reconsider-its-laws-banning-sex-between-men/2013/05/28/d80b0bde-c7f4-11e2-9cd9-3b9a22a4000a_story.html|title=Leader of Grenada’s Senate calls for island to reconsider its laws banning sex between men|last=|first=|date=28 May 2013|website=[[The Washington Post]]|url-status=dead|archive-url=https://web.archive.org/web/20130529183226/https://www.washingtonpost.com/world/the_americas/leader-of-grenadas-senate-calls-for-island-to-reconsider-its-laws-banning-sex-between-men/2013/05/28/d80b0bde-c7f4-11e2-9cd9-3b9a22a4000a_story.html|archive-date=29 May 2013|access-date=29 May 2013}}</ref>
 == Discrimination protections ==
-There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.<ref>{{cite web|url=http://pdba.georgetown.edu/constitutions/grenada/gren73eng.html|title=Grenada: Constitution, 1973|last=|first=|date=|website=Georgetown University|url-status=live|archive-url=|archive-date=|accessdate=26 May 2018}}</ref>
+There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.<ref>{{cite web|url=http://pdba.georgetown.edu/constitutions/grenada/gren73eng.html|title=Grenada: Constitution, 1973|website=Georgetown University|access-date=26 May 2018}}</ref>
 Grenadan law does not address discrimination or harassment on the account of [[sexual orientation]] or [[gender identity]].
@@ Line 35: / Line 36: @@
 |-
 | Same-sex sexual activity legal
-| [[Image:X mark.svg|15px|No]] For male (Penalty: Up to 10 years imprisonment) / [[File:Yes check.svg|15px|Yes]] For female
+| [[Image:X mark.svg|15px|No]] (Penalty: Up to 10 years' imprisonment, not enforced)
 |-
 | Equal age of consent
-| [[Image:X mark.svg|15px|No]] For male / [[File:Yes check.svg|15px|Yes]] For female
+| [[Image:X mark.svg|15px|No]]
 |-
 | Anti-discrimination laws in employment
@@ Line 78: / Line 79: @@
 ==See also==
-{{Portal|LGBT}}
+{{Portal|LGBTQ}}
 *[[Politics of Grenada]]
 *[[LGBT rights in the Commonwealth of Nations]]
@@ Line 86: / Line 87: @@
 ==References==
 {{reflist}}
 {{North America topic|LGBT rights in}}
-[[Category:LGBT rights by country|Grenada]]
+[[Category:LGBTQ rights by country]]
-[[Category:Grenadian law]]
+[[Category:LGBTQ rights in North America]]
-[[Category:Grenadian society]]
+[[Category:LGBTQ rights in the Caribbean|Grenada]]
-[[Category:LGBT rights in the Caribbean|Grenada]]
+[[Category:Law of Grenada]]
+[[Category:Society of Grenada]]

v t e LGBT rights in North America
Sovereign states	Antigua and Barbuda Bahamas Barbados Belize Canada Costa Rica Cuba Dominica Dominican Republic El Salvador Grenada Guatemala Haiti Honduras Jamaica Mexico Nicaragua Panama Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Trinidad and Tobago United States
Dependencies and other territories	Anguilla Aruba Bermuda Bonaire British Virgin Islands Cayman Islands Curaçao Greenland Guadeloupe Martinique Montserrat Puerto Rico Saint Barthélemy Saint Martin Saint Pierre and Miquelon Saba Sint Eustatius Sint Maarten Turks and Caicos Islands United States Virgin Islands