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
StatusMale illegal
Female legal
PenaltyUp to 10 years in prison
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
  Same-sex marriage
  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, penalty not enforced

Male-on-male 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.[2]

Such activity is not illegal in the Southern Grenadines, which are a dependency of Grenada.[3]

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.[4]

Discrimination protections

There are no explicit clause on equality or protection of privacy in the Grenada Constitution of 1973.[5]

Grenadan law does not address discrimination or harassment on the account of sexual orientation or gender identity.

Summary table
Same-sex sexual activity legal For male (Penalty: Up to 10 years imprisonment) / For female
Equal age of consent For male / For female
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

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. "LGBT Rights in Southern Grenadine Islands, Grenada". Equaldex. Retrieved 1 January 2020.
  4. "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.
  5. "Grenada: Constitution, 1973". Georgetown University. Retrieved 26 May 2018.
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