Jamaica gay

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Jamaica face legal and social issues not experienced by heterosexual and cisgender people. Consensual sexual intercourse between same-sex partners is legally punishable by up to 10 years of imprisonment in the country. [1][2][3]. In Jamaica, consensual sexual intercourse between same-sex partners is punishable by imprisonment, and the nation struggles with widespread discrimination and violence against LGBT and intersex individuals.

For tourists traveling to Jamaica, it’s crucial to remain informed and vigilant. Your guide to the best gay-friendly venues and hotels in Jamaica. See rooms, reviews, photos, discounts, and book online on Jamaica has a complex reputation regarding LGBTQ+ inclusivity. The island’s social ambiance is influenced by strong religious values; historically, being gay has been viewed with skepticism or outright hostility.

LGBT Rights in Jamaica: homosexuality, gay marriage, gay adoption, serving in the military, sexual orientation discrimination protection, changing legal gender, donating blood, age of consent, and more. Only men are criminalised under this law. In , a new bill of rights was introduced into the Constitution of Jamaica. A general savings law clause, which prevented all colonial laws from being constitutionally challenged, was removed and replaced with a savings clause that protects only specific laws, including those relating to sexual offences, from judicial scrutiny.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Jamaica. Jamaica retained the provision upon independence, prior to partial decriminalisation in England and Wales in , and continues to criminalise same-sex sexual activity today. There is little evidence of the law being enforced in recent years, however reports suggest threats of arrest are sometimes used to extort LGBT people.

Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination see further. There have been consistent reports of severe discrimination and violence being committed against LGBT people in recent years, including murder, assault, mob attacks, harassment, extortion, and denial of basic rights and services.

The case was brought by Maurice Arnold Tomlinson, a gay Jamaican man and Attorney-at-Law, who argued that the relevant legal provisions breached his Constitutional rights. The Court stated that the Jamaican Parliament had clearly intended to protect laws related to sexual offences from review for unconstitutionality, and so only Parliament could legislate to prevent the savings clause from having effect.

Two of the judges who adjudicated the matter did, however, indicate their concern that the savings law clause prevented the Supreme Court from fulfilling its role of examining violations of fundamental rights under the Constitution. The resolution of this appeal is pending. Following almost a decade of litigation, the Commission found in favour of the complainants and their claim challenging the criminalisation of LGBT people in Jamaica, in the first-ever decision of its kind from the body.

The decision was made by the Commission on 28 September but remained strictly confidential under their orders until 17 February The Commission makes comprehensive and wide-ranging recommendations to the government of Jamaica, including to:. All of my life people have told me that who I am and who I love is wrong. Now, for the first time ever, I finally feel I am right. Accordingly … it was determined that the Committee did not have the power to effect that amendment or to recommend it, and the matter should properly be considered by Parliament.

jamaica lgbt reddit

The Public Defender argued that her office was created for the purpose of protecting and enforcing the rights of citizens. However, Justice Kissock Laing turned down the application stating that the Public Defender was seeking to insert herself into the centre of a nationally divisive issue and could lose the confidence of many Jamaicans if allowed to join the case. In dropping the legal challenge, the petitioner cited threats against himself and his family.

The Jamaican Sexual Offences Act was set to undergo review in The Act contains a provision which calls for review every five years. A general savings law clause, which prevented all colonial laws from being constitutionally challenged, was removed and replaced with a savings clause that protects only specific types of laws, including the offences that criminalise same-sex sexual acts, from judicial scrutiny.

The US Department of State report found that the law criminalising same-sex sexual activity was only enforced in cases involving sexual assault on minors, and that consensual sexual activity was not prosecuted. This has consistently been the finding of these reports in recent years. In October, two men were arrested and charged for gross indecency and buggery for having sex in their car. Police officers detained them after finding used condoms in the car.

Police attempted to extort money out of them, and subsequently took them to the police station where they were assaulted by detainees. They were released on bail and, following legal advice, accepted a plea bargain for gross indecency, paying a find of , Jamaican Dollars. Not only does Jamaica criminalise same-sex sexual activity, it also fails to properly protect other vulnerable groups, such as women, children, and people with disability, from sexual offences.

The US Department of State report notes that although discrimination and violence against LGBT people is prevalent, underreporting is a problem as LGBT people fear police discrimination or inaction if they report incidents.