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, marking a landmark victory for LGBT equality. The ruling, announced on November 18, 2025, ends a long-standing regime of state-sanctioned discrimination and affirms the human rights of lesbian, gay, bisexual, and transgender officers.
In Judgment TC/1225/25, the court declared that article 210 of the National Police Code and article 260 of the Armed Forces Code violated constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work. Previously, these provisions punished same-sex “sodomy” by officers with prison terms of up to two years and one year, respectively, while heterosexual sexual acts carried no equivalent penalties.
Human Rights Watch highlighted the impact of these discriminatory provisions, noting that LGBT officers had long lived in fear of punishment simply for their sexual orientation. The organization had submitted an amicus curiae brief in August 2024, arguing that criminalizing same-sex conduct violated international human rights standards, including protections against arbitrary interference with private life and the right to dignity.
The court emphasized that criminalizing same-sex conduct in security forces served no legitimate constitutional purpose or institutional efficiency and affirmed that no regulations could restrict rights based on sexual orientation. This ruling reflects a broader regional trend, as countries including Peru, Ecuador, Venezuela, and the United States have eliminated similar laws targeting same-sex conduct by officers.
Legal advocates involved in the case described the outcome as a historic precedent for advancing equality and dignity for LGBT people in the Dominican Republic. They stressed that the decision sets a benchmark for public and private institutions to adapt rules and practices to prevent discrimination based on sexual orientation.
Despite this progress, the Dominican Republic continues to lag behind many Latin American nations on LGBT and intersex rights. The country lacks comprehensive civil antidiscrimination legislation, recognition of same-sex marriage or civil unions, and legal recognition for transgender individuals. In the Caribbean, several countries still criminalize consensual same-sex conduct, and worldwide, 65 countries maintain such laws.
Human Rights Watch urged President Luis Abinader and the Dominican Congress to leverage this landmark ruling to advance broader protections for LGBT people. Strengthening laws addressing discrimination and violence would enable the Dominican Republic to align with regional progress and demonstrate a genuine commitment to equality and human dignity for all.
