LGBT rights in Grenada

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

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