LGBT rights in the Bahamas

LGBT rights in the Bahamas
Same-sex sexual intercourse legal status Legal since 1991, age of consent not equal
Gender identity/expression Transgender people are legally allowed to change gender, no surgery required
Military service Gays and lesbians allowed to serve openly
Discrimination protections None (see below)
Family rights
Recognition of
relationships		 No recognition of same-sex couples
Adoption Same-sex adoption is legal

Lesbian, gay, bisexual and transgender (LGBT) people in the Bahamas may face challenges not experienced by non-LGBT residents. While same-sex sexual activity is legal in the Bahamas, same-sex couples are not eligible for the same legal protections available to heterosexual married couples.

Issues

Same-sex relationships between consenting adults became legal in the Bahamas in 1991. However, the criminal code still requires a higher age of consent for homosexual acts. The legal age of consent to engage in sexual activity is 16 for straight couples and 18 for same-sex couples.[1]

Constitutional protections

The Bahamian Constitution provides various civil liberties, but its prohibition against discrimination does not include sexual orientation or gender identity. Efforts to include sexual orientation in a newly proposed Constitution have been blocked by members of a government-appointed commission which opposes homosexuality based on religious motivations.[2]

On 21 March 2006, the Constitutional Reform Commission presented a preliminary report[3] to a previous Progressive Liberal Party (PLP) government. The Commission indicated that citizens must be treated equally regardless of religion, political affiliation, race, sex and gender. However, despite recommendations, it did not regard sexual orientation as an attribute deserving protection from discrimination.[1]

Civil rights protections

On 17 June 2011, the Bahamian Government expressed support for a U.N. Human Rights Council resolution promoting equal rights for all, regardless of sexual orientation.[4] However, no government action has been taken to ensure that LGBT citizens are included in non-discrimination clauses in statute laws.[5]

Discrimination in areas such as employment, education, housing, healthcare, banking, and public businesses on the basis of sexual orientation or gender identity is not illegal. Likewise, there are no national hate crime laws to prevent or punish violence directed toward people in the LGBT community.[6]

In 2001, the government proposed an Employment Bill, which included a clause that banned workplace discrimination based on sexual orientation. The clause was removed shortly after the bill was passed.[7]

Recognition of same-sex relationships

Same-sex marriages and civil unions are not legal in the Bahamas. LGBT rights groups never challenged the country's marriage laws, and the Bahamian Constitution states that a Bahamian marriage is composed of a man and woman.[8]

In July 2011, after the ratification of the Maritime Marriage Law, former Minister of State for Finance, Zhivargo Laing, said, "As a community in The Bahamas we believe that a marriage must and should be and is between a man and a woman. A marriage is void if it took place between persons who were male and male or female and female. So, in this Maritime Marriage Bill we are stating this fact in the clear positive — a marriage must take place between a male and a female and we want that to be abundantly clear that, that is so and that is keeping with our community standard.”[9]

Military service

There are no prohibitions on LGBT citizens serving in the Bahamian police or military forces. In May 1998, National Security Minister and Deputy Prime Minister Frank Watson declared that the Bahamanian military, prison service, and police force did not discriminate based on sexual orientation.[10]

Social conditions

Many Bahamians adhere to socially conservative Christian denominations, which generally promote the belief that homosexuality and cross dressing are signs of decadence and immorality.[11] Politicians have been leery of publicly supporting LGBT-rights legislation, and there have even been several high-profile situations of discrimination directed at LGBT citizens as well as tourists in the Bahamas.

  • In July 2004, church groups protested the arrival of Rosie O'Donnell's R Family Vacations cruise. [12]
  • In September 2005, an 18-year-old beauty queen had her crown stripped after confirming rumours that she was a lesbian.[13]
  • In March 2006, the Bahamas Plays and Films Control Board banned the American gay-themed movie, Brokeback Mountain.[14][15]
  • In September 2007, the Bahamas Christian Council formed an anti-gay committee to fight against a gay group after it asked the local cable company to offer Logo, a channel catering to the LGBT community.[16]
  • On 6 October 2007, police raided a gay party in downtown Nassau but could not arrest anyone, as no crime was committed. Guests of the party demanded an apology from local police.[17][18] The Bahamas Ministry of Tourism issued an apology to the cruise company.[19] This incident mirrors a public protest to a lesbian cruise which docked in Nassau on 14 April 1998.[20]
  • In a 2009 case, a jury acquitted a man charged with murdering a homosexual, HIV-positive male. The man used the so-called "gay panic defence", claiming that the gay male attempted to rape him. However, the prosecution denied this and said the gay man – who was a shop owner and son of a politician – was robbed before he was killed. The prosecution also questioned why the man went to the gay man’s apartment around 11 pm, charging that it was with the intent to commit a robbery. But the defence attorney said his client was "protecting his manhood" and the killing of the gay man was justified. The story sparked international outrage.[21]
  • On 10 June 2010, in a similar gay panic defence case, a convicted killer received a very lenient sentence in the shooting death of a gay man. The convict claimed the gay man had made a "homosexual advance" towards him. Joan Sawyer, the President of the Court of Appeal, was quoted as saying, "One is entitled to use whatever force is necessary to prevent one's self-being the victim of a homosexual act."[22]
  • On 24 June 2011, The Bahamas Plays and Films Control Board attempted to block the showing of the Bahamian-produced, gay-themed movie Children of God in the public square in downtown Nassau.[23][24] However, on this occasion, the government overruled the board and allowed the movie to be shown.

Anti-LGBT violence

There have been numerous cases involving the murder of a homosexual man, and none of them have been solved.[25]

The names of the victims, their professions, and dates of death are as follows:

  • Kevin Williams, Policeman, 15 May 2001[26]
  • Thaddeus McDonald, Lecturer, 16 November 2007[27][28]
  • Harl Taylor, Designer, 18 November 2007[29]
  • Wellington Adderley, Activist, 26 May 2008[30]
  • Marvin Wilson, Waiter, 3 June 2008[31]
  • Paul Whylly, Dancer, 19 October 2008[28]
  • Shavado Simmons, Photographer, 17 July 2011[32]

Accused in 2007 for the slaying of handbag designer Harl Taylor, Troyniko McNeil was found not guilty.[33]

Impact on LGBT culture

Due to a lack of confidence in the judicial system, legal inequalities, and homophobia in the Bahamas, many LGBT people keep their sexual orientation or gender identity private.[34] While LGBT rights organizations have been permitted to exist, LGBT groups are often pressured to keep their social events hidden. The former LGBT rights group, Rainbow Alliance of the Bahamas, launched a public campaign against discrimination and participated in talk shows on the subject. Today, Bahamas LGBT Equality Advocates and the DMARCO Foundation are speaking out against homophobia through social media. [35][36]

The Bahamas has a tourist-based economy and the government targets a variety of markets, but not the growing LGBT tourism market. Individual and small groups of homosexual tourists typically face no issues, but groups of LGBT visitors have been protested on various occasions. However, the Rainbow Alliance held a counter-protest during the 2004 demonstrations, welcoming the LGBT visitors. In 2014 the Bahamas welcomed all tourists to the country.

A new day of advocacy came for the LGBT community of the Bahamas when trans-gendered women started taking the lead on LGBT issues. The Bahamas Transgender Intersex United (BTIU) launched its multi-level equality campaign, "Bahamian Trans Lives Matter" on April 26, 2016, which seeks to secure equal rights for transgender Bahamians.[37] BTIU President and Founder of the DMARCO Foundation, Alexus D'Marco, stepped up and engaged the national conversation at a press conference held in Nassau, Bahamas, where she was joined by other women to bring awareness to the overlooked issues trans-gendered people often face. [38] These women sparked controversy as an Equality Referendum was about to take place in the country.[39]

The Prime Minister stated, "I want to be clear: these bills do not propose radical change. Instead, this is about making sure that the supreme law of the land reflects our values and our commitment to fairness." The bill did not legalize same-sex marriage in the Bahamas nor was it inclusive to the transgender or intersex community.[40] This movement sparked outrage from a member of the government, Leslie Miller, who publicly called for the "Exile of Transgender out of the Bahamas." Miller had forcefully denounced the growing transgender community in this country, while urging people to financially contribute to having this sect of society exiled to their own private island to ensure "they stay out of the way". He pledged to give the group its first $1,000 toward this relocation.[41]

The LGBT Community of the Bahamas is gaining more visibility through activists such as Ms. Alexus D'Marco and Erin Greene. They have been the leading advocates for equality issues and have found practical solutions to some of the issues that LGBT Bahamians face daily. Their focus on advocacy has helped decrease the stigma and discrimination against LGBT Bahamians.[42]

While there are no exclusively gay bars or clubs in the Bahamas, there is an underground "gay" scene in Nassau, as well as many gay-friendly resorts, cafes, and bars throughout various parts of the country. [43]

Today the Bahamas is noted as becoming increasingly gay-friendly. However, locals warn that homophobia is still a prominent social issue and recommend that tourists exercise discretion.[44]

Summary table

Same-sex relationships legal Since 1991
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 marriage(s)
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
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. 1 2 "Bahamas LGBTI Resources | Rights in Exile Programme". www.refugeelegalaidinformation.org. Retrieved 2017-11-09.
  2. ↑ "Same Sex Unions and the Bahamas -". 2015-03-23. Retrieved 2017-11-20.
  3. ↑ "BAHAMAS CONSTITUTIONAL REVIEW COMMISSION PRELIMINARY REPORT". islandwoo-ivil.tripod.com. Retrieved 26 May 2018.
  4. ↑ "Bahamas Supports Gay Rights - Caribbean News Now - 20 June 2011". Retrieved 26 May 2018.
  5. ↑ "No to YES: Struggle for Equality in the Bahamas". Retrieved 2017-11-20.
  6. ↑ "Gay Law Net ®™ | Laws | Bahamas | BS". www.gaylawnet.com. Retrieved 2017-11-20.
  7. ↑ "Country Reports on Human Rights Practices" (PDF). U.S. Department of State. 28 February 2005.
  8. ↑ "Bahamas Marriage Act" (PDF).
  9. ↑ "Government against gay marriages - The Nassau Guardian". The Nassau Guardian. 2011-07-08. Retrieved 2017-11-20.
  10. ↑ "Gay Law Net ®™ - Laws - Bahamas - BS". www.gaylawnet.com. Retrieved 26 May 2018.
  11. ↑ "The Bahamas - Religions". Nations Encyclopedia.
  12. ↑ "Rosie's cruise faces protest in Bahamas (13138)". 2004-07-20. Retrieved 2017-11-20.
  13. ↑ "Ms. Teen Bahamas Stripped of Title - Bahamas News Archive Top Stories". www.bahamasb2b.com. Retrieved 2017-11-09.
  14. ↑ "Bahamas outlaws Brokeback movie". 31 March 2006. Retrieved 26 May 2018 – via news.bbc.co.uk.
  15. ↑ "On Censorship - Bahama Pundit". www.bahamapundit.com. Retrieved 26 May 2018.
  16. ↑ "Bahamas Christian Council appoints an "Anti-gay committee" - WeblogBahamas.com". www.weblogbahamas.com. Retrieved 26 May 2018.
  17. ↑ "Police Raid on EPE Bahamas Event". www.ebonypyramidonline.com. Retrieved 26 May 2018.
  18. ↑ "News Story - Bahamas News". www.bahamasb2b.com. Retrieved 26 May 2018.
  19. ↑ "Tourism Ministry Issues Apology to EPE". www.ebonypyramidonline.com. Retrieved 26 May 2018.
  20. ↑ "CNN - Bahamians Protest Arrival of Lesbian Cruise - 14 April 1998". Retrieved 26 May 2018.
  21. ↑ "Freedom For Gay Murderer In Bahamas". On Top Magazine. Retrieved 26 May 2018.
  22. ↑ "News Story | Bahamas News". www.bahamasb2b.com. Retrieved 2017-11-09.
  23. ↑ "Children of God (2010/2011)". Covering Media. Retrieved 26 May 2018.
  24. ↑ "'Children of God' tackles homophobia in the Bahamas". Retrieved 26 May 2018.
  25. ↑ "News Story - Bahamas News". www.bahamasb2b.com. Retrieved 26 May 2018.
  26. ↑ Editor. "Fred Mitchell Uncensored.Com For June 2001". www.fredmitchelluncensored.com. Retrieved 2017-11-20.
  27. ↑ E (2008-02-06). "Deaths of Two Prominent Bahamian Men Still Unsolved". Coffee Will Make You Black. Retrieved 2017-11-20.
  28. 1 2 "News Story | Bahamas News". Retrieved 2017-11-20.
  29. ↑ "Designer found murdered in Bahamas | Caribbean360". Caribbean360. 2007-11-19. Retrieved 2017-11-20.
  30. ↑ "UNAIDS mourns the death of prominent AIDS activist Wellington Solomon Adderly". www.unaids.org. Retrieved 2017-11-20.
  31. ↑ "Series of Gay Slayings in Bahamas Go Uncharged - Towleroad". Towleroad. 2008-06-04. Retrieved 2017-11-20.
  32. ↑ "Report highlights gay man's murder". Retrieved 2017-11-20.
  33. ↑ BahamasLocal.com. "Harl Taylor trial: not guilty verdict | Nassau / Paradise Island, Bahamas | Bahamas Local News - Nassau / Paradise Island, Bahamas". www.bahamaslocal.com. Retrieved 2017-11-09.
  34. ↑ "Gay Bahamas News & Reports". www.globalgayz.com. Retrieved 26 May 2018.
  35. ↑ "Security Check Required". www.facebook.com. Retrieved 2017-11-09.
  36. ↑ "The D M A R C O Organization". www.facebook.com. Retrieved 26 May 2018.
  37. ↑ "Transgender plea for rights". Retrieved 2017-11-14.
  38. ↑ "Transgender community: We're human too". The Nassau Guardian. 27 April 2016. Retrieved 9 November 2017.
  39. ↑ Virgil, Khrisna (3 March 2016). "Yes To Equality: Parliament Approves Gender Referendum". Tribune 22.
  40. ↑ "PM Launches Yes Campaign and Declares Referendum Date - Government - News". www.bahamas.gov.bs. Retrieved 2017-02-22.
  41. ↑ "Miller: Exile transgenders (with audio)". Retrieved 2017-08-21.
  42. ↑ Wells, Ricardo (27 April 2016). "Transgender Plea For Rights". Tribune 242.
  43. ↑ "Gay Bahamas 2018 | Best Gay Friendly Resorts in the Bahamas". Travel by Interest. Retrieved 2017-11-20.
  44. ↑ "Tips for Gay and Lesbian Travelers in Bahamas | Frommer's". www.frommers.com. Retrieved 2017-11-20.
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