Dominican Republic Court Ends Criminal Sanctions on Same‑Sex Relationships in Military and Police
04:13 AM, 11/22/2025
The Constitutional Court annulled two mid‑20th‑century provisions that criminalized same‑sex relationships in the National Police and Armed Forces, removing penalties that included prison terms for service members.
The court ruled the rules violated privacy, equality and the free development of personality after a constitutional challenge by attorneys Anderson Dirocie de León and Patricia Santana.
Reactions are mixed: Human Rights Watch praised the decision, conservative groups and the Dominican Bar Association criticized it, and activists warn implementation and cultural change within the security forces are not guaranteed.
The Constitutional Court of the Dominican Republic has annulled two articles in the disciplinary codes of the National Police and the Armed Forces that criminalized same‑sex relationships among service members.
The provisions, in force since the mid‑20th century, had imposed criminal penalties — including up to one year in prison for officers and up to six months for enlisted personnel — justified by authorities as necessary to "maintain discipline and institutional morality." The high court found these provisions violated fundamental rights such as privacy, equality before the law and the free development of one's personality.
The challenge was brought directly to the Constitutional Court by Dominican lawyers Anderson Dirocie de León and Patricia Santana, who argued the disciplinary rules conflicted with protections in the Dominican Constitution and with international human rights treaties the country has ratified.
Reactions
Responses across the country were mixed. Cristian Gonzales Cabrera, a senior researcher at Human Rights Watch, said the provisions had forced LGBT officers to live in fear of punishment for decades and described the ruling as an important step toward a more inclusive future under Dominican law.
This ruling affirms that a more inclusive future is both possible and required under Dominican law.
Conservative groups, particularly those linked to evangelical churches, criticized the decision as an attack on moral and spiritual values. The Dominican Bar Association called the judgment "unfortunate and unnecessary," and its president, Trajano Potentini, argued that the constitutional test applied by the court was inappropriate for institutions that depend on strict discipline and hierarchical subordination.
Context and next steps
Same‑sex marriage remains illegal in the Dominican Republic, and stigma against LGBTQ+ people persists. By striking these provisions, the country joins Peru, Ecuador and Venezuela in removing similar laws that criminalized same‑sex conduct among military personnel. Activists have welcomed the ruling as historic but cautioned that legal change does not automatically produce cultural or institutional shifts; the judgment still needs to be implemented and may take time to change practices and attitudes within security forces.
Legal experts say the decision marks a milestone in Dominican jurisprudence and could influence future reforms across public service institutions if the court's reasoning is used as precedent.
The Supreme Court on Monday declined to hear an appeal seeking to overturn its 2015 Obergefell v. Hodges decision that legalized same‑sex marriage nationwide. The appeal, brou...
