LGBT rights in Belize

Caleb Orozco successfully argued in court that Belize's sodomy ban was unconstitutional.

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.[11] In December 2012, Justice Arana granted UNIBAM "interested party" status, which was the same status given to CIP.[12]

The case was heard by the Supreme Court of Judicature in May 2013,[13] amid violence and death threats received by LGBT activists.[14] 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.[1][15] 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."[16][17] 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.[18]

Homosexuality laws in Central America and the Caribbean Islands.

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  Country subject to IACHR ruling

  No recognition of same-sex couples

  Constitution limits marriage to opposite-sex couples

  Same-sex sexual activity illegal but law not enforced

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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.[19] 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.[20] Interested parties filed to appeal the ruling on September 16.[21] 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.[22] In March 2018, the Catholic Church in Belize officially withdrew from the appeal, leaving the Government of Belize as the sole appellant to the decision on Section 53.[23] With the Catholic Church withdrawal, recognition was given that sexual relations between consenting adults was fully legalized in Belize, as the partial appeal by the Government concerned only whether the anti-discrimination clause of the Constitution which referred to sex could be interpreted to prohibit discrimination on the basis of sexual orientation.[24]

On 29 October 2018, the appellate court heard full arguments from both sides. The position of Orozco's legal team was that the appeal should be dismissed, as by the state having no objection to declaring section 53 of the Criminal Code unconstitutional, the partial appeal on discrimination could have no effect. 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. 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". Lisa Shoman, countered the argument, stating: "The judges are the guardians of what the constitution means, it's their job to interpret the constitution". Citing that international treaty obligations Belize had entered into are typically used to inform interpretation of domestic law, she refuted the claim of overreach. Judgment on the appeal was reserved pending further deliberation.[25][26]

On 30 December 2019, the 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.[27][28]

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.[29][30] On 3 December 2011, the Council of Churches organized a "Take a Stand" rally to oppose the UNIBAM case.[31]

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."[29][32]

In December 2011, United States President Barack Obama criticised nations that persecute homosexuals.[33] In response, Belizean Prime Minister Dean Barrow reiterated that Belize would not change its laws.[34] 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".[34]

Belize has long been a popular tourist destination for LGBT people. Many holiday resorts host LGBT events. San Pedro Town is considered to be the most gay-friendly destination for tourists in Belize. It has a thriving gay nightlife during the high season. Many businesses are openly owned and run by LGBT people in the town.[46]

In 2009, Kim Simplis Barrow, the wife of Prime Minister Dean Barrow, personally welcomed the arrival of a lesbian cruise ship, whose passengers then volunteered at a local children's hospital.[46]