LGBT rights in the Dominican Republic

Both male and female homosexual activity is legal in the Dominican Republic. Same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.

The age of consent—regardless of sexual orientation—is 18.

There is discrimination against LGBT Dominicans. One factor in this is the conservative religious climate.

In the summer of 2006, several gay clubs and bars in the capital Santo Domingo were shut down. However, the case came before a local judge who ruled that the closings constituted unlawful discrimination.

The Dominican Republic does not legally recognize same-sex unions. The constitution bans same-sex marriage and same-sex unregistered cohabitation.

For many years considered taboo in Latin America, homosexuality has recently become a prevalent topic of conversation in the Dominican Republic. In the Dominican Republic there are certain defined roles that men and women play and though strides have been made in the rest of Latin America to combat homophobia, it is still a staple of the Dominican identity to not understand, or even fear those who aren’t “men:” homosexuals. The most prominent, and feared, form of homosexuality is male homosexuality. Lesbianism is just as much of a taboo, but for a variety of reasons, is less feared. Lesbianism here, like in the United States, is viewed by many as less threatening, and by many men, as a sexual fantasy they would like to play out.

Driving the homophobic feelings on the island is the conservative background of the Dominican society, and the machismo driven rhetoric of the male population. Structuring the conservative mindset of Dominican culture is the strong presence of the Catholic Church. For many years a key figure in politics, society, and culture, the Church has played a hand in creating the conservative atmosphere that is subtly opposed to homosexuality, in any form, on the island. This is held evident in recent comments by the Cardinal of Santo Domingo, Nicolas de Jesus Lopez Rodriguez. The Cardinal affirmed in comments that the Church does not discriminate against homosexuals, but that they do not belong in seminaries. He stated that “we must have a healthy, intelligent, and manly clergy that is neither effeminate nor womanly,” but that “homosexuality is a disorder that can be corrected and managed.” Finally, the Cardinal emphasized the need to train "serious men with all of the attributes that God has given them so that they may exercise their ministry with dignity." The Cardinal’s comments clearly verbalize the sentiments of many Dominicans on the island. Whether the comments are correct is not the core issue at hand, but the comments highlight the underlying issue of homophobia. The words of Cardinal Lopez Rodriguez express the subtle attitudes of Dominicans towards homosexuality, and ultimately provide a window of opportunity into understanding the current view point on the issue. The Cardinal’s opinion is a light one by example, and his assertion that homosexuality is a disease, that can be cured, can be seen a symbol of the misinformation that many Dominicans are raised with, and ultimately believe in.

There are no varying degrees of homosexuality, though in certain circles within Latin America to be homosexual, and partaking in homosexual acts, are mutually exclusive. In the Dominican Republic a male who has sex with another male, supposedly maintains his masculinity if he is the one penetrating, and not being penetrated. This is because to be the “penetrator” implies a construction of power, and the man who is penetrating is in control, therefore still a man. Even in the jail cultures this is evident, as those who perform oral sex are ‘gay,’ while those who receive it are “straight.” The simple point of being considered a man, even after partaking in a perceived homosexual act, is an insight that cannot be overlooked. The importance of this fact can be tied into the machismo rhetoric that is played out daily in the lives of men and women across the island. According to machismo attitudes, a man is strong, courageous, and brave. He is always in control, never ‘bowing’ to anyone, while in turn the female is an inferior, non-controlling being. She is somewhat of a non-valued, submissive object whose sole purpose is to clean the house, or bear children. Even in sex, the woman is expected to be submissive, and in marital relations a male feels it is his right to seek out extra-marital affairs, while the women are forbidden these same ‘privileges.’ Through the male/female dichotomy in the Dominican Republic we can juxtapose the male/male dichotomy of the “penetrator,” who is still a man because he is “penetrating,” he is still in control. He is the man because in the sexual act he plays the role of the man; he is neither controlled nor submissive, as women typically are. His partner is inevitably labeled to play the role of the ‘submissive,’ so ultimately he is the homosexual for engaging in that role. We must note here the subtlety that equates homosexuality and femininity. Consequently, though the act is of a homosexual nature, the power structure attributed to the act creates a justification for the classification of gay/not gay. These men, though they never reveal their identities, are known as a “bugarron.” In the Dominican Republic these dichotomies in the end don’t mean much, as both men who partake in any form of homosexual activities, or even have the appearance of an effeminate male, are ostracized or considered gay by the society at large. Men who behave in an effeminate manner, or who are suspected of playing the passive role in same-sex intercourse, bear the brunt of social stigma because in doing so they ceded their claims to manly status.

Though homosexuality is, to a certain degree, equated with femininity this is not set in stone. There are homosexuals who, because of the ‘persecution’ they face, blend in perfectly into the mold of the ‘typical’ Dominican male, therefore making it impossible to tell them apart. They dress, act, speak, and for all intensive purposes look like “normal” Dominican males. They live their lives on the “down low,” at times even delving into married life as a way of concealing their alternative lifestyles.

Regardless of the changing sentiments around Latin America it is still a social taboo to be homosexual, or to even have friends who are involved in perceived homosexual activities. The latter act can bring the unwanted perception that an individual is gay, and this could be extremely damaging. The perception of homosexuality breaks down the image of the strong “caudillo” male that most Dominican males strive for. Even the description of a homosexual in daily communication implies a certain discomfort with the idea. Homosexuals are often referred to as “un gay,” a somewhat pejorative term that almost gives gays a child like designation, as to imply not only are they not men, but they are almost like children. In essence the term affirms that they (homosexuals) can’t harm “our ways.” Other terms like ‘maricon,’ ‘pajaro,’ ‘mujercita,’ or ‘amanerado,’ amongst others, display a certain disdain for homosexual culture, and equate gays with women. This too highlights a problematic situation, as homosexuality, femininity, or submissive behaviors are then intrinsically connected through vocabulary that denotes negativity and second class status. The array of words separates homosexuals as ultimately different, and encloses them in distinctive social categories that separate them from society at large.

In some extreme instances a child who is openly gay can run the risk of being ostracized from the family for the supposed shame that homosexuality brings. Coming out of the closet isn’t common in Dominican culture, and many choose to keep their alternative lifestyles a secret, rather than exposing themselves to the discrimination of coming out. Salsa singer Willie Colon captured this in his classic hit, “El Gran Varon,” in which he tells the story of ‘Simon’ who is disowned by his father, Don Andres, after he finds out Simon is a transvestite. This song resonates because not even the love of a father for his son could allow him to understand why the young man would do that to him. To be homosexual, in some ways, reflects a betrayal of a father and the family, and the act is viewed as one of disloyalty. Though texts discussing this issue in the Dominican context are hard to find, similar examples can be found in other Latin American countries that yield a perspective with which to understand the perceptions on the island. In Colombia, “male youths routinely use the epithets maricas (queers) when referring to other youths who have demonstrated a lack of lealtad (loyalty). To betray the group constitutes the worst crime and a youth who was accused of being a traitor was labeled a ‘marica,’ not for his sexual practices but because of his disloyalty”. In Latin America to be gay is then connected to most negative of social acts, and this places a further value on the fact that being homosexual is bad; something a man doesn’t do. And in places as far away as Mexico we see how the negativity of homosexuality is attached to “incurable social ills,” through popular vernacular.

Though the many tourist resorts scattered across the island, and the emergence of the Club/Dance scene, have provided a venue for same sex couples to enjoy themselves publicly, homosexuality is a sensitive subject that is rarely spoken about. Whether it is fear, confusion, or misinformation, views towards homosexuality are slowly changing, but it will take time and education to change those very strong views. There are signs of change though. Public debate on the topic has grown exponentially in recent years, and though this shouldn’t imply a reversal of previously held opinions, it is the mere fact that the conversation is taking place, along side other public discussions, that shows that there is change to come. The open conversation provides a window of opportunity for the GLBT (Gay, Lesbian, Bisexual and Transgender) community to express their opinions in support of their cause, which is all they can ask for. Considering that only 15 years ago the thought of this conversation was almost non existent, to have the topic reach public forums is a step forward.

Homosexuality is not illegal in the Dominican Republic, and terms referring to the disintegration of the moral good have been removed from legal documents, but protection for those in the GLBT community is still basically non-existent. The lack of rights and legal protection can lead one to believe that they are a separate, but not equal part of society. Requests for permission to march and assemble as a group have been denied, and the public outcry over homosexuality, and its believed corruption and endangerment of the youth, is still a hot button issue. Although there are no accurate figures for the percentage of the population who classifies itself as gay, or other, it will ultimately be the emergence of a voice from the GLBT community that can give the conversation validity and remove it from its place as a cultural taboo. This precedent will only help guarantee the protection of all marginalized groups, as it sets the legal example of guaranteeing the equality of civil rights to all Dominicans, regardless of race, class, or any other social identifier, as promised by the constitution. Though not an easy task, the importance of providing a structure, and a voice, that recognizes and protects the rights of those leading an alternative lifestyle is a societal necessity that can easiest be achieved by making the topic accessible and not one feared. Creating the atmosphere where the discussion can take place without the fear of being ostracized, negative societal inferences, or negative repercussions is the step from removing the topic from a culturally unmentionable taboo.