Meet the LGBTQ activist who challenged his Caribbean country’s anti-sodomy law and won

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Orden David, an LGBTQ activist from Antigua and Barbuda, has long been a target of oppression in his conservative Caribbean country where anti-gay sentiments run high. David’s experiences reflect those of many LGBTQ individuals in this predominantly Christian region who live in fear due to prevalent hostility.

David faced constant ridicule and physical attacks. After being physically assaulted in broad daylight, he decided to take a stand. Despite facing societal ostracization and potential danger, David boldly confronted his government in 2022, demanding a repeal of his country’s anti-sodomy law.

David, sharing his motivation with The Big Big News, explained, “I realized that our community has been through a lot with no justice in sight. We all possess rights and should receive equal treatment.”

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In 2022, a preeminent Caribbean court ruled Antigua’s anti-sodomy clause in its sexual offenses act unconstitutional. According to LGBTQ-rights activists, David’s endeavor, backed by local and regional advocacy organizations, set a benchmark for numerous Caribbean islands. Post-ruling, St. Kitts & Nevis and Barbados abolished analogous laws often stipulating long incarceration periods.

“This is a significant and historical moment for Antigua and Barbuda,” claimed Alexandrina Wong, director of Women Against Rape, a local non-profit that was part of the litigation coordinated by the Eastern Caribbean Alliance for Diversity and Equality.

Wong further added, “Our Caribbean governments are gradually understanding global norms and how we can reshape our history and the future of Caribbean people.”

Antigua’s 1995 Sexual Offences Act was found to infringe upon the right to liberty, legal protection, freedom of expression, personal privacy, and protection from sex-based discrimination, according to the ruling.

In a conversation with AP, Antigua and Barbuda’s Prime Minister Gaston Browne revealed his government’s decision to not contest the ruling, citing respect for non-discrimination as the reason. He further added, “As a government, we are constitutionally obliged to uphold the rights of all without discrimination.”

Before its abolition, the law prescribed a 15-year prison term for two consenting adults found guilty of having anal sex and a five-year term for serious indecency.

Laws like these were once prevalent in former European colonies across the Caribbean. However, they have faced challenges in recent times, with courts in Belize and Trinidad and Tobago ruling them unconstitutional. Similar cases in the region are still under consideration.

Yet, six Caribbean countries still criminalize same-sex consensual intimacy, as per Human Rights Watch and the Human Dignity Trust. These include Dominica, Grenada, Guyana, St. Lucia, St. Vincent and the Grenadines, and Jamaica, considered by some LGBTQ-rights groups to be the most hostile Caribbean country towards the LGBTQ community.

Téa Braun, chief executive of Human Dignity Trust, urged governments in these jurisdictions to proactively repeal these laws rather than wait for legal pressure from the LGBT community. She believes that with three successful rulings last year and ongoing legal challenges, it’s only a matter of time before these laws are abolished across the region.

Jamaica’s government claims it doesn’t enforce its 1864 anti-sodomy laws, but activists argue that retaining these laws incites homophobia and violence against the LGBTQ community in numerous Caribbean countries.

Kenita Placide, executive director for The Eastern Caribbean Alliance for Diversity and Equality, highlighted the challenging situation for LGBTQ individuals in these countries, caught between a constitution that criminalizes them and a religion that condemns them.

Such hostility has led to a culture of stigma, discrimination, and violence. Many LGBT individuals have fled from countries like Antigua due to escalating levels of violence.

David, who grew up experiencing constant bullying and discrimination, including physical assaults, resolved to challenge the government following his own traumatic experiences.

Despite the ongoing discrimination against LGBTQ people in the Caribbean, David believes in the inherent human dignity of all people and urges religious groups to adopt a more inclusive stance. While he was disenchanted with some church-goers promoting scientifically disproven gay conversion therapy, David maintains his faith and practices at home.

David, who works for Antigua’s AIDS Secretariat and serves as president of Meeting Emotional and Social Needs Holistically, is devoted to serving the LGBTQ community. His work involves HIV testing, condom distribution, and providing counseling on prevention, treatment, and care. He also volunteers, delivering condoms to sex workers to reduce their risk of sexually transmitted diseases.

“It’s vital to offer these services to the LGBTQ community and particularly to sex workers who are at higher risk,” David emphasized.

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Jessie Wardarski from St. John’s, Antigua, and Danica Coto in San Juan, Puerto Rico, journalists at Big Big News, contributed to this report.

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Big Big News religion coverage is supported by a collaboration with The Conversation US, funded by the Lilly Endowment Inc. The AP is solely responsible for this content.

• Orden David’s Legal Battle
• LGBTQ Rights in the Caribbean
• Decriminalizing Same-Sex Relationships
• Anti-Sodomy Laws in the Caribbean
• The Situation for LGBTQ Individuals in Jamaica