LGBT rights in Grenada

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.

LGBT rights in Grenada
Grenada
StatusIllegal
PenaltyUp to 10 years in prison (not enforced)
Gender identityNo
MilitaryHas no military
Discrimination protectionsNone
Family rights
Recognition of relationshipsNo recognition of same-sex relationships
AdoptionNo

Legality of same-sex sexual acts
Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
  Same-sex marriage
  Binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for
  Other type of partnership
  Unregistered cohabitation
  No recognition of same-sex couples
  Constitutional ban on same-sex marriage
  Same-sex sexual activity illegal but penalties not enforced
  Island subject to IACHR ruling

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 No (Penalty: Up to 10 years' imprisonment, not enforced)
Equal age of consent No
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Has no military
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

References
  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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