Strategic Litigation, Public Health, and the Decriminalization of Same-Sex Sexual Intimacy: Lessons From Legal Challenges Across Former British Colonies

Consistent data have demonstrated the harms of punitive laws criminalizing same-sex sexual intimacy in the context of both public health and human rights. However, as of January 2025, 61 United Nations member states criminalize consensual same-sex sexual acts among adults, with varying degrees of enforcement and severity. We used 6 legal challenges across former British colonies in Africa, the Caribbean, and Asia to assess the role of strategic litigation in decriminalizing same-sex practices and where public health arguments, particularly regarding HIV, were central to these legal challenges. Successful decriminalization efforts in Belize and Dominica were contrasted by legal setbacks in Jamaica, Saint Vincent and the Grenadines, and Kenya. Our findings emphasize the importance of integrating health-related evidence, country-specific data, and local civil society input into legal strategies, highlighting the critical role of collaboration between public health experts, legal professionals, and local advocacy groups. Future litigation efforts must carefully consider local contexts, engaging with communities to ensure both legal success and long-term societal change for LGBTQ+ (lesbian, gay, bisexual, transgender, queer or questioning, and all subsects) individuals. (<i>Am J Public Health</i>. 2025;115(8):1254-1263. https://doi.org/10.2105/AJPH.2025.308072).

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Journal
American Journal of Public Health
Published
2025-04-24
DOI
https://doi.org/10.2105/ajph.2025.308072
Primary Topic
Sex work and related issues
Type
article
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article

Strategic Litigation, Public Health, and the Decriminalization of Same-Sex Sexual Intimacy: Lessons From Legal Challenges Across Former British Colonies

Tom Smith, Chris Beyrer, Stefan Baral, Sara Wallach et al.
American Journal of Public Health
Sex work and related issues
article

Strategic Litigation, Public Health, and the Decriminalization of Same-Sex Sexual Intimacy: Lessons From Legal Challenges Across Former British Colonies

Tom Smith, Chris Beyrer, Stefan Baral, Sara Wallach, Jirair Ratevosian, Karine Duval
article en

Abstract

Consistent data have demonstrated the harms of punitive laws criminalizing same-sex sexual intimacy in the context of both public health and human rights. However, as of January 2025, 61 United Nations member states criminalize consensual same-sex sexual acts among adults, with varying degrees of enforcement and severity. We used 6 legal challenges across former British colonies in Africa, the Caribbean, and Asia to assess the role of strategic litigation in decriminalizing same-sex practices and where public health arguments, particularly regarding HIV, were central to these legal challenges. Successful decriminalization efforts in Belize and Dominica were contrasted by legal setbacks in Jamaica, Saint Vincent and the Grenadines, and Kenya. Our findings emphasize the importance of integrating health-related evidence, country-specific data, and local civil society input into legal strategies, highlighting the critical role of collaboration between public health experts, legal professionals, and local advocacy groups. Future litigation efforts must carefully consider local contexts, engaging with communities to ensure both legal success and long-term societal change for LGBTQ+ (lesbian, gay, bisexual, transgender, queer or questioning, and all subsects) individuals. (<i>Am J Public Health</i>. 2025;115(8):1254-1263. https://doi.org/10.2105/AJPH.2025.308072).

American Journal of Public HealthVol. 115(8)
Johns Hopkins University (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 89%
Sex work and related issues
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