criminalizing homosexual conduct

The Criminal Law (Offenses) Act of 1893 classifies “offenses against morality” to include the sale or distribution of obscene material and acts of “gross indecency” between men. Sections 351 to 354 criminalize male same-sex intimacy, attempted same-sex intimacy, and “buggery.” These provisions continue to impose criminal penalties on consensual same-sex conduct between adults. The Act defines rape as a felony punishable by life imprisonment.

The plaintiffs challenged sections of the Tasmanian Criminal Code criminalizing homosexual conduct. The plaintiffs alleged that the challenged sections violated provisions of the Human Rights (Sexual Conduct) Act of 1994. The case revolved around whether the plaintiffs brought the action prematurely (i.e., whether the plaintiffs had “sufficient interest” to bring the action before the Court).

Javin Kevin Vinc Johnson v The Attorney General of Saint Vincent and the Grenadines, SVGHCV2019/0110 challenged the constitutionality of sections 146 and 148 of the Criminal Code of Saint Vincent and the Grenadines, which criminalize sexual activity between consenting same-sex adults.

The plaintiff and six other LGBTIQ+ Arkansas residents sued the prosecuting attorney for the sixth district of Arkansas, Larry Jegley, in order to repeal the state’s sodomy law. The two substantive issues raised were the right to privacy and equal protection under both the U.S.

Sections 13 and 16 penalize anal sex and “serious indecency” (non-intercourse sexual acts), historically used to criminalize same-sex relations. Section 13 allowed up to 25 years in prison, and Section 16 covered acts beyond intercourse. In Jones v. Attorney General (2018), the High Court struck down both sections as unconstitutional, citing rights to privacy and equality.