Latin America and the Caribbean did not experience the exact dramatic changes that occurred in 2022, when three nations legalized same-sex marriage and three decriminalized queer sexting.
However, there were a lot of significant smaller changes, and in 2024, the area is expected to make significant strides toward LGBT justice.
Caribbean
LGBT Legal Protections in the Eastern Caribbean
- DARK BLUE: Same-sex marriage legal.
- BLUE: Same-sex civil unions legal.
- MAUVE: Certain foreign same-sex marriages recognized.
- DARK GREEN: Binding court ruling allowing same-sex marriage, but not yet in effect.
- LIGHT GREEN: Country subject to 2018 IACHR ruling for same-sex marriage, but not yet in effect.
- RED: Constitution bans same-sex marriage.
- YELLOW: Sodomy illegal; court challenge pending.
- GREY: Sodomy legal, but same-sex marriage not permitted.
Jamaica: The Supreme Court ruled that the problem was illegal because the laws are protected from legal challenges by the “savings provision,” which protects pre-independence laws, ending a case that sought to reverse the nation’s adultery laws.
We believed that was the conclusion of the dispute, but the claimant announced last week that he would appeal the ruling to Jamaica’s highest court, the UK Privy Council. It’s impossible to predict how the court will rule in this case, but the best case scenario is that it rules that the laws are not protected (as the plaintiff claims, Jamaica has since changed the law to make it new and not shielded). The core of the case would still be tried in Jamaica as a result. Centuries will probably pass before the case is heard.
Decisions on judge challenges to prostitution legislation in Grenada, St. Vincent and the Grenadines, Saint Lucia, and Dominica are still pending. I anticipate receiving favorable rulings from all of them immediately in 2024 given that they are all older than a year old and that the Eastern Caribbean Supreme Court overturned sodomy laws in Antigua, Barbud, Saint Kitts, and Nevis next year.
Trinidad and Tobago: The state is appealing the 2018 court ruling that decriminalized gay intercourse, so this conflict is still ongoing. The Court of Appeal has not yet rendered a decision in this case as of December. It will be decades before this case is resolved because, regardless of the laws, the state and the plaintiff have both vowed to take the situation to the UK Privy Council. Although the president’s event is a little weaker here because the change to the buggery law was much more significant in Trinidad than it was in Jamaica, the issues are finally similar to those in the Caribbean case, so the Privy Council decisions there does serve as an example of how they might act in this case. Trinidad’s Appeal is effectively bread if the JCPC guidelines that the Constitution does not save Jamaican rules. However, if it decides that Trinidad’s legislation is not saved, there is still a chance to determine that it is in Jamaica.
The claimant at the center of the case, who is not holding ago, declares that he intends to challenge every racist law in the state, including the marriage law. Numerous unfair laws are also in effect in Trinidad and Tobago, including one that allegedly forbids “homosexuals” from entering the nation.
Barbados: The court’s decision decriminalizing prostitution from last year was finally made public in May, and it made it clear that the constitution forbade discrimination based on sexual orientation.
Cuba: The work discrimination laws was updated by the legislature to outlaw bias based on gender identity.
UK Territories: Despite the fact that a case requesting the right to same-sex marriage is still pending in the Virgin Islands court, the Premier has persisted in urging the passage of legislation that would allow civil unions or similar marriages to be held, but it hasn’t happened since he first put forth the idea. However, it appears that the election act has already been discussed in Cabinet.
The idea of passing a law that may need the remaining holdover overseas territories, all in the Northern Hemisphere, to legalize same-sex marriage has been floated by several British legislators. Bermuda, the Cayman Islands, Anguilla, Turks and Caicos, and Montserrat would be among them. The idea is strongly opposed by the provinces, but the chances of such a expenses passing are thin, especially this year. If anything, a new Labor administration might slip an Order-in-Council mandating civil organizations in all remaining territories, as they did in 2000 with the decriminalization of prostitution. Both Bermuda and the Cayman Islands permit same-sex legal organizations.
However, the Privy Council’s decision to forbid same-sex wedding last year is certainly the last word on the matter, according to gay activists in Bermuda. The European Court of Human Rights will notice their case this year, and they are taking it there. Although the Court has previously ruled that the Agreement did not protect the right to same-sex relationship, it has been steadily expanding partnership rights. The fact that there are more equal wedding states participating in the convention—of the 46 members, 21 permit same-sex marriage, and another 9 permit legal unions—cannot be a coincidence. The criticism has slowly backed equal marriage in Bermuda‘s upcoming election, which is set for 2026.
French Territories: An charm from Aruba and Curacao over a same-sex marriage decision from their mutual local prosecutor is expected to be heard by the Court of Cassation for the Kingdom of the Netherlands on May 31. The Dutch government has previously stated that it prefers legitimate same-sex unions throughout the Kingdom, and it’s possible—though unlikely—that these nations will allow it before the decision is made. Sint Maarten, the other French nation, is not directly impacted by the ruling, but a constitutional decision should naturally bind it as well.
Central America
LGBT Rights in the Central America and the Caribbean
- DARK BLUE: Same-sex marriage legal.
- BLUE: Same-sex civil unions legal. MAUVE: Certain foreign same-sex marriages recognized.
- DARK GREEN: Binding court ruling allowing same-sex marriage, but not yet in effect.
- LIGHT GREEN: Country subject to 2018 IACHR ruling for same-sex marriage, but not yet in effect.
- RED: Constitution bans same-sex marriage.
- YELLOW: Sodomy illegal; court challenge pending. GREY: Sodomy legal, but same-sex marriage not permitted.
El Salvador: Everything new to report at this time. Politicians continued to disregard the Constitutional Court’s attempt from last year to complete a law allowing transgender people to change their lawful name and gender.
Guatemala: Everything specific to report here, but voters did choose a reformer to the president, and he has vowed to support democracy and fight fraud. We’ll see if Arevalo basically takes business in an orderly transition on January 14 because it goes without saying that the ruling elites are working to prevent him from actually taking power. Nevertheless, Guatemala’s political climate as a whole is still liberal when it comes to LGBT issues.
Honduras: In May, the UN criticized the country for failing to take action to stop violence against LGBT individuals there. President Castro vetoed a laws on sex education that the National Congress passed because it was not sufficiently comprehensive in terms of ways to stop teen pregnancies.
Panama: In the same-sex wedding event that was initially filed in 2016, the Supreme Court finally issued a long-delayed decision in February. The choice, which is blatant legal jargon, especially rejected earlier decisions from the Interamerican Court of Human Rights stating that member states are required to allow same-sex relationship. Following the decision, the Organization of American States urged Panama to decriminalize same-sex unions.
Costa Rica: A bill was introduced to identify transgender, intersex, and intersex individuals and to outlaw needless procedures for children. It is still being discussed.
South America
LGBT Rights in the America’s South
- DARK BLUE: Same-sex marriage legal.
- BLUE: Same-sex civil unions legal.
- LIGHT GREEN: Country subject to 2018 IACHR ruling for same-sex marriage, but not yet in effect; note Suriname and Peru courts have rejected the IACHR ruling.
- RED: Constitution bans same-sex marriage.
- YELLOW: Sodomy illegal. GREY: Sodomy legal, but same-sex marriage not permitted.
Bolivia: Following a court decision that opened them up last year 2022, the government apparatus took action this year to formally establish the existence of same-sex civil unions (or “free union” as they are known here). The government had changed the rules by July to permit them at all legal registry practices. With the exception of title, free unions are officially equivalent to marriage in terms of adoption and parenting.
Colombia: A act to outlaw conversion therapy was approved during its initial checking this summer and is still awaiting final approval. A bill to outlaw employment discrimination based on sexual orientation or gender identity was even introduced by the government.
The Supreme Electoral Tribunal ruled that the ban on gay sex in the army was unconstitutionally obscure, despite the fact that LGBT protesters staged a significant demonstration in Venezuela calling for improvement on several important right problems. The campaigners had likewise demanded the right to alter the legal gender and similar relationship.
This time, Venezuela will hold elections, and there have been expectations that they will be free and fair. However, the current dictator Nicolas Maduro has now imprisoned his principal opposition on false accusations and is inciting conflict with Guyana, a neighboring country. Therefore…
Guyana: In the Northern Hemisphere, there is currently no other nation with a sodomy law that is not up for effective legal challenge. We’ll have to wait until 2024 to see if that alters or whether Guyana actually exists. This time, the well-known native LGBT advocacy group launched a campaign to inform the public about LGBT people and put pressure on the government to change the law.
Suriname: The Constitutional Court rejected same-sex union in February, deciding that it did not violate the country’s constitution or its commitments under the Interamerican Convention. Once more, the choice is absurd.
Peru: The Constitutional Court mandated that the federal registry record a same-sex union that took place in Argentina, even though the ruling only applied to one pair. Parliament introduced a civil union bill, but it hasn’t made any progress. A legitimate gender change without operation was even granted by a judge in Cuzco.
Chile: This year, the communist government implemented a number of significant regulation changes, such as allowing same-sex parents to take parental leave equally, outlawing unnecessary surgeries for children of different sexes, and prohibiting health professionals from providing conversion therapy.
A new draft law that was drafted by a group of conservative legislators was rejected by Chilean voters in December. Its detractors claimed that it was too right-wing and may restrict the rights of women, people of color, and gay people.
Brazil: This year, a judge determined that racist slurs were protected by existing hate speech rules. Additionally, the federal government declared that applications for prison based on LGBTQ discrimination may be accepted.
The Brasilia city legislature passed a bill to make conversion therapy illegal, but as far as I can tell, it has not made any progress. Health professionals are now prohibited from using conversion therapy on a national level.
A laws prohibiting kids and teenagers from taking part in the yearly LGBT Pride festival was passed by the state government of Amazonas. Different states have proposed laws that are similar.
Argentina: The vote of “anarcho-capitalist” Javier Milei as president in November was the major growth. Although Milei is n’t exactly welcoming to LGBT people, he has so far appeared to view the neighborhood with a malicious indifference more than hostility. Nevertheless, it will be worthwhile to keep an eye on events in this area.
