LGBT rights in Belize

Legality of same-sex sexual activity

According to Section 53 of the Belize Criminal Code, "Every person who has carnal intercourse against the order of nature with any person ... shall be liable to imprisonment for 10 years." It was argued in the challenge to Section 53 of the Criminal Code that homosexuality per se is not illegal, but any sexual act which is not the "sexual congress of a phallus inserted into a vagina" is illegal, including oral sex, anal sex between heterosexual or homosexual persons, masturbation, etc. Section 53 was overturned on 10 August 2016 as a violation of the Constitution of Belize.

While sodomy bans in The Bahamas were removed by the legislature in 1991 and bans in the British Overseas Territories were overturned in 2000 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. It was also the last sodomy ban in Central America to be struck down.

Caleb Orozco v. Attorney General of Belize

In September 2010, the United Belize Advocacy Movement (UNIBAM) and its executive director Caleb Orozco jointly filed a case in the Supreme Court of Judicature of Belize challenging the constitutionality of Belize's anti-sodomy law with the support of the International Commission of Jurists, the Commonwealth Lawyers' Association, and the Human Dignity Trust.

Counsel for the Church Interested Parties (CIP) (consisting of the Roman Catholic Church, the Belize Church of England Corporate Body, and the Evangelical Association of Churches) argued in January 2012 that UNIBAM had no standing to bring the case because, as an organization, it has no constitutionally guaranteed rights. Relying on Section 20 of the Belize Constitution, the court sided with CIP on 27 April 2012 and struck out UNIBAM as a claimant. In December 2012, Justice Arana granted UNIBAM "interested party" status, which is the same status given to CIP.

The case was heard by the Supreme Court of Judicature in May 2013, amid violence and death threats received by LGBT activists. On 10 August 2016, Chief Justice Kenneth Benjamin ruled that Section 53 of the Criminal Code of Belize contravened constitutional protections of equality, dignity and personal privacy. Orozco prevailed on all points in the decision, in which Benjamin reiterated that the court was required to make a legal ruling rather than a moral judgment. 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." He went on to state that the Belizean Constitution must be consistent with international interpretations and clarified that "sex" as mentioned in Section 16(3) of the Constitution, includes sexual orientation.

On 17 August 2016, the Government announced they would not appeal the ruling to the Caribbean Court of Justice, but that other interested parties may appeal. After meeting with religious leaders on September 9, the government reversed course and announced they would make a partial appeal of the ruling, specifically appealing the declaration that the Constitution prohibits discrimination based on sexual orientation. Interested parties filed to appeal the ruling on September 16. On 4 October 2016, the National Evangelical Association of Belize's appeal of the case was rejected by the Chief Justice because the organization was not an original interested party to the case.

Church opposition to decriminalisation

In response to the case filed by UNIBAM and Caleb Orozco, Catholic and the Protestant churches reacted negatively, saying that same-sex marriage would be next. On 3 December 2011, the Council of Churches organized a "Take a Stand" rally to oppose the UNIBAM case.

The Belizean Council of Churches held a "Belize Action/Family Forum" rally on 23 November 2011 to express its opposition to decriminalization as part of "an orchestrated plan of demonic darkness to dethrone God from our Constitution and open massive gateways to demonic influence and destruction that will affect generation after generation to come."

Immigration ban

Under Section 5(1) of the Immigration Act, "[T]he following persons are prohibited immigrants – ... (e) any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behaviour".

A challenge by Jamaican activist Maurice Tomlinson was filed in 2013 to the immigration ban in both Trinidad and Tobago and Belize. 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. Jamaica refused, and Tomlinson petitioned the Caribbean Court of Justice asking leave to file the case with them directly. In May, 2014, Tomlinson was granted leave to challenge the immigration laws of both countries. In October, 2014, CARICOM joined the case as an interested party supporting Tomlinson's arguments. On 18 March, 2015, the challenge was heard with allegations that the immigration bans abridge the rights of free movement for Caribbean citizens contained in the Treaty of Chaguaramas. On 10 June 2016, the CCJ ruled that neither Trinidad and Tobago nor Belize had violated Tomlinson's freedom of movement, dismissing his case. 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".

Discrimination protections

The U.S. Department of State's 2011 human rights report found that:

The law does not protect sexual orientation or gender identity. [...] The extent [in 2011] of discrimination based on sexual orientation was difficult to ascertain due to lack of reporting instances of discrimination through official channels. United Belize Advocacy Movement (UNIBAM), the country's sole lesbian, gay, bisexual, and transgender advocacy organization, reported that continuing harassment and insults by the general public and police affected its activities, but its members were reluctant to file complaints. There were no gay pride marches organized during the year due to UNIBAM membership concerns over the public's possible adverse reaction.

On 10 August 2016, the Supreme Court ruled that Section 53 of the Belizean Criminal Code is unconstitutional (see above). Chief Justice Kenneth Benjamin also clarified that "sex" as mentioned in Section 16(3) of the Constitution, includes sexual orientation. Therefore, the Constitution of Belize prohibits discrimination on the basis of sexual orientation.

In 1996, Minister of Foreign Affairs Dean Barrow, (who would later become Prime Minister), signed a UN multi-lateral treaty known as the International Covenant on Civil and Political Rights (ICCPR). In 1993, the 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. According to Chief Justice Benjamin, by signing the treaty, Belize tacitly agreed to this interpretation, and the Constitution of Belize must be interpreted in the same light.

Public opinion

In 2013, UNAIDS conducted a survey of 773 Belizeans, ages 18 to 64. The survey found that 34% consider themselves accepting of homosexuals, while another 34% consider themselves tolerant of homosexuals. Of all the Caribbean countries that were polled, Belize and Suriname had the highest percentage of acceptance for homosexuals.

Pressure from the United States

In December 2011, United States President Barack Obama criticised nations that persecute homosexuals. In response, Belizean Prime Minister Dean Barrow reiterated that Belize would not change its laws. He argued that the issue is one for Belize to deal with and if the U.S. wanted to punish states by removing foreign aid for continuing such practice, then "they will have to cut off their aid".