The Constitutional Court of the Dominican Republic reviewed a legal challenge on Friday regarding laws that criminalize consensual same-sex relationships among police and military officers. The court’s decision remains pending. Notably, similar penalties are not imposed for heterosexual acts.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina, the plaintiffs, filed a Direct Action of Unconstitutionality (Case No. TC-01-2024-0030) against two articles: Article 210 of the National Police Code of Justice (Law No. 285 of June 29, 1966) and Article 260 of the Armed Forces Code of Justice (Law No. 3483 of February 13, 1953). These articles impose prison sentences of up to two years and one year, respectively, for same-sex “sodomy” among officers.

In a statement to Human Rights Watch, Dirocie de León, one of the lead lawyers challenging the laws, emphasized:

These discriminatory provisions force LGBTQ+ officers to serve in constant fear of being discovered, punished, and losing everything, including their livelihoods. The message from the state is clear—that LGBTQ+ individuals are inherently unfit for public service and can be criminalized simply for being who we are (translated from Spanish).

The plaintiffs argue that these provisions, which specifically target consensual same-sex relations with criminal penalties, violate multiple constitutional articles, including Articles 5, 7, 8, 38, 39, 40, and others. Additionally, they contend that the laws contradict international human rights treaties, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights. They invoke Article 74.3 of the Dominican Constitution, which prioritizes human rights treaties over domestic law in cases of conflict.

The plaintiffs seek the court to annul these articles and remove them from the Dominican legal system. Their case has garnered support from several organizations, including Human Rights Watch, the Argentine Federation of Lesbians, Gays, Bisexuals, and Trans, and others who have submitted “amicus curiae” briefs in favor of the legal challenge.

In an amicus brief submitted to the court, Human Rights Watch argued that the criminalization of homosexual conduct violates international standards, including the right to protection against arbitrary interference in private life, as recognized by the UN Independent Expert on sexual orientation and gender identity.

Cristian González Cabrera, a senior researcher at Human Rights Watch, highlighted the broader implications of these laws:

These draconian laws are a stain on the Dominican Republic’s human rights record and contribute to a discriminatory environment in the police and armed forces. State-sponsored intolerance has no place in a democratic society governed by the rule of law, especially in a region where most countries have repudiated the criminalization of private, consensual same-sex acts (translated from Spanish).

This atmosphere of discrimination is perpetrated by officials at the highest ranks. In 2014, the then-director of the National Police drew public attention when he stated that current laws prohibit LGBTQ+ individuals from serving within the force. When asked about those already serving who might be gay, he implied they should be identified and targeted, revealing the deep-seated bias present within the institution.

The Dominican Republic is not alone in enforcing such laws. Five other Caribbean nations—Jamaica, Grenada, Guyana, Saint Lucia, and Saint Vincent and the Grenadines—maintain similar legislation. Globally, consensual same-sex sexual conduct remains criminalized in over 60 countries, including Iran, Myanmar, and Sudan.