The Dominican Republic's Constitutional Court has struck down provisions in the Codes of Justice of the National Police and the Armed Forces that criminalized consensual same-sex conduct by officers, Human Rights Watch said today. The ruling, made public on November 18, 2025, is a landmark victory for equality, ending a regime of state-sanctioned discrimination that violated the human rights of lesbian, gay, bisexual, and transgender (LGBT) officers.
In Judgment TC/1225/25, the court held that article 210 of the Code of Justice of the National Police and article 260 of the Code of Justice of the Armed Forces violate constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work. Both articles punished same-sex "sodomy" by officers with up to two years and one year in prison, respectively. No equivalent penalties existed for heterosexual sexual acts.
"For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are," said Cristian González Cabrera, senior researcher at Human Rights Watch. "This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law."
In an amicus curiae brief submitted to the court in August 2024, Human Rights Watch argued that the criminalization of same-sex conduct violates international standards, including the rights to be protected against arbitrary and unlawful interference with one's private and family life and to one's reputation or dignity, as emphasized by the United Nations independent expert on sexual orientation and gender identity.
In its ruling, the court emphasized that the criminalization of same-sex conduct in the security forces lacked "a legitimate constitutional interest or aims to strengthen and improve institutional efficiency." Notably, the court found that "no regulation issued by state authorities or private individuals may diminish or restrict in any way a person's rights based on their sexual orientation, an essential aspect of personal privacy and the free development of personality."
The ruling aligns with a regional trend. In recent years, countries in the region, including Peru, Ecuador, Venezuela, and the United States, have eliminated similar discriminatory laws and policies that criminalized same-sex conduct by officers.
Anderson Javiel Dirocie De León, one of the lawyers who brought the challenge, said: "This positive outcome represents the first case of general applicability advancing equality and dignity for LGBTI people in the Dominican Republic. There is still a long way to go, but it sets a historic precedent in the fight against discrimination based on sexual orientation."
His co-counsel, Patricia M. Santana Nina, said: "This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation."
The Dominican Republic lags behind on LGBT and intersex rights compared with its Latin American neighbors, Human Rights Watch said. It lacks comprehensive civil antidiscrimination legislation, same-sex marriage or civil union rights, and gender identity recognition for transgender people, among other key protections.
In the Caribbean region, five Anglophone countries-Grenada, Guyana, Jamaica, Saint Vincent and the Grenadines, and Trinidad and Tobago-still have laws on the books that criminalize consensual same-sex conduct, a relic of British colonialism. Consensual same-sex conduct remains criminalized in 65 countries, including Iran, Myanmar, and Sudan.
"President Luis Abinader and Congress should use the momentum of this landmark ruling to advance long-overdue protections for LGBT people," González said. "By moving forward with laws addressing discrimination and violence, the Dominican Republic can align itself with progress in Latin America and demonstrate a genuine commitment to equality and dignity for all."
