Belize gay laws

See main article: Orozco v Attorney General.

LGBT Rights In Belize

Nigel Hawke, the Solicitor General of Belize, argued that the ruling was a judicial overreach to re-define the constitutional protections afforded to non-discrimination on the basis of "sex" to extend to "sexual orientation".

Therefore, the Constitution of Belize prohibits discrimination on the basis of sexual orientation. Lisa Shomancountered the argument, stating: "The judges are the guardians of what the constitution means, it's their job to interpret the constitution".

Interested in LGBT rights in Belize? On 29 Octoberthe appellate court heard full arguments from both sides. The position of Orozco's legal team was that the appeal should be dismissed, as by belize state having no objection to declaring section 53 of the Criminal Code unconstitutional, the partial appeal on discrimination could have no effect.

Citing that international treaty obligations Belize had entered into are typically used to inform interpretation of domestic law, she refuted the claim of overreach. Inthe language of the treaty was interpreted by the UN Commission on Human Rights to include sexual preference in the prohibition of discrimination on the basis of sex.

As clarification, the judgment noted that neither state can ban homosexuals from CARICOM countries from entering their countries due to their treaty obligations, "notwithstanding their laws that ban the entry of gays". Same-sex sexual activity was decriminalized in Belize inlaw the Supreme Court declared Belize's anti- sodomy law unconstitutional.

Chief Justice Kenneth Benjamin also clarified that "sex" as mentioned in Section 16 3 of the Constitutionincludes sexual orientation. LGBT Rights in Belize: homosexuality, gay marriage, gay adoption, serving in the military, sexual orientation discrimination protection, changing legal gender, donating blood, age of consent, and more.

Benjamin ordered that the Criminal Code be amended with the insertion of the phrase "This section shall not apply to consensual sexual acts between adults. LGBTQ rights in Belize Lesbian, gay, bisexual, and transgender (LGBTQ) persons in Belize face legal challenges not experienced by non-LGBT citizens, although attitudes have been changing in recent years.

Jamaica refused, and Tomlinson petitioned the Caribbean Court of Justice asking leave to file the case with gay directly. Same-sex sexual activity was decriminalized in Belize inwhen the Supreme Court declared Belize's anti- sodomy law unconstitutional.

On 17 Augustthe Government announced they would not appeal the ruling to the Caribbean Court of Justicebut that other interested parties may appeal.

LGBTQ rights in Belize

Belize held its first Pride Week in August Activities raising awareness and acceptance were hosted throughout the country. Judgment on the appeal was reserved pending further deliberation. Whether you're planning a trip or simply curious, our comprehensive guide covers laws, acceptance, and more.

Westmin James called the appeal "academic" because the Constitution protects the LGBT community from discrimination, meaning that even if that portion of the ruling was overturned the Government could not discriminate against a specific segment of the population.

Tomlinson asked Jamaica, his home country, to insist that the travel bans of these countries be removed based on CARICOM provisions for free movement of citizens of member countries. On 30 Decemberthe Appeals Court upheld the unconstitutionality of Section 53 and the expansion of protections in the Constitution against discrimination to include sexual orientation and freedom of expression to include sexual expression.

According to Section 53 of the Belize Criminal Code, "Every person who has carnal intercourse against the order of nature with any person While sodomy bans in The Bahamas were removed by the Parliament in and bans in the British Overseas Territories were overturned in by a UK Order in Council, Belize's sodomy ban was the first one in a former British colony in the Caribbean to be judicially overturned.

Belize's constitution prohibits discrimination on the basis of sex, which Belizean courts have interpreted to include sexual orientation. Under Section 5 1 of the Immigration Act"the following persons are prohibited immigrants — A challenge by Jamaican activist Maurice Tomlinson was filed in to the immigration ban in both Trinidad and Tobago and Belize.