In a landmark decision for LGBTQ+ rights, the Constitutional Court of the Dominican Republic has declared unconstitutional longstanding laws that penalised consensual same-sex relations within the country’s National Police and Armed Forces.
Previously, the Codes of Justice governing both security bodies criminalised so-called “sodomy” among officers, imposing prison sentences of up to two years. Importantly, these penalties did not apply to heterosexual conduct, marking the rules as discriminatory in nature.
The Constitutional Court, in its ruling, stated that the references to sodomy are “not in accordance with the Constitution” and ordered their removal from the codes.
The court underscored that punishing same-sex acts among officers “lacked a legitimate constitutional interest or aims to strengthen and improve institutional efficiency,” making clear that such laws served no valid legal purpose.
In a strong affirmation of personal rights, the court noted:
“No regulation issued by state authorities or private individuals may diminish or restrict in any way a person’s rights based on their sexual orientation, an essential aspect of personal privacy and the free development of personality.”
This victory marks a significant step forward in the ongoing struggle for equality in a nation where LGBTQ+ rights remain limited.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, senior researcher at Human Rights Watch, which supported the case by filing an amicus brief.
“This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law,” Cabrera added.
The Human Rights Campaign (HRC) also celebrated the decision, calling it “a landmark victory for equality, ending a regime of state-sanctioned discrimination that violated the human rights of lesbian, gay, bisexual, and transgender officers.”
Lawyer Anderson Javiel Dirocie De León, one of those who challenged the discriminatory laws, echoed this sentiment.
“This positive outcome represents the first case of general applicability advancing equality and dignity for LGBTI people in the Dominican Republic. There is still a long way to go, but it sets a historic precedent in the fight against discrimination based on sexual orientation.”
A Long Road Ahead for LGBTQ+ Rights in the DR
Despite this legal breakthrough, the Dominican Republic still lags behind many of its Caribbean neighbours when it comes to LGBTQ+ protections. Same-sex unions are not legally recognised, there are no comprehensive anti-discrimination laws, adoption by same-sex couples is banned, and nonbinary identities are not officially recognised.
However, unlike some neighbouring nations, the Dominican Republic does not impose censorship on LGBTQ+ content, and gender-affirming healthcare remains legal.
The broader Caribbean region continues to grapple with colonial-era anti-LGBTQ+ laws. Five English-speaking nations — Grenada, Guyana, Jamaica, Saint Vincent and the Grenadines, and Trinidad and Tobago — still criminalise consensual same-sex conduct. These outdated statutes are mirrored in many African countries as well, stemming from a legacy of British imperial law.
Cristian González of HRC called on the country’s leadership to build on the ruling:
“President Luis Abinader and Congress should use the momentum of this landmark ruling to advance long-overdue protections for LGBT people. By moving forward with laws addressing discrimination and violence, the Dominican Republic can align itself with progress in Latin America and demonstrate a genuine commitment to equality and dignity for all.”
