decriminalizes

Nov. 21 (UPI) — The Dominican Republic’s Constitutional Court struck down legal provisions that criminalized same-sex relationships within the National Police and the Armed Forces.

The ruling invalidates two articles in the justice codes of both institutions that imposed criminal penalties, including prison time, on service members who engaged in same-sex relationships.

The regulations, in place since the mid-20th century, imposed penalties of up to one year in prison for officers and six months for enlisted personnel under the stated aim of “maintaining discipline and institutional morality.”

However, the high court found that the provisions violated fundamental rights, including privacy, equality before the law and the free development of one’s personality.

The decision responds to a direct constitutional challenge filed by Dominican attorneys Anderson Dirocie de León and Patricia Santana. According to the attorneys, the disciplinary codes of the National Police and the Armed Forces violated fundamental rights recognized in the Dominican Constitution and in human rights treaties the country has ratified.

The measure adopted by the Constitutional Court has prompted mixed reactions in the country.

Cristian Gonzales Cabrera, a senior researcher at Human Rights Watch, said “for decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are.”

“This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law,” Gonzales said.

Conservative groups in the country, especially those linked to evangelical churches, described the measure as an affront to moral values.

“This ruling is a direct blow to the moral, ethical and spiritual principles that have sustained our nation since its founding. This decision by the Constitutional Court is unconstitutional because it disregards the spirit, value framework and guiding principles established in the Constitution.”

The Dominican Bar Association called the ruling “unfortunate and unnecessary.”

In comments reported by Diario Libre, the association’s president, Trajano Potentini, said the Constitutional Court applied a constitutional test that does not apply to an area that, by its nature, relies on a work ethic, discipline and special subordination inherent to military and police institutions.

In the Dominican Republic, same-sex marriage remains illegal and high levels of stigma toward LGBTQ+ people persist.

With this ruling, the country joins Peru, Ecuador and Venezuela in eliminating similar discriminatory laws and policies that criminalized same-sex conduct among military personnel.

However, activists warn that although the ruling is historic, it does not by itself guarantee a cultural shift within the armed forces.

The judgment, which still must be implemented, marks a milestone in Dominican jurisprudence and could set a precedent for future reforms in other areas of public service.