Date: 14 Oct 94 20:44 PDT
From: International Gay Lesbian Human Rights Commission <iglhrc@igc.apc.org>
To: "Recipients of conference iglhrc.ern" <iglhrc.ern@conf.igc.apc.org>
Newgroups: iglhrc.ern
Subject: NICARUAGA:Sodomy Law Upheld

International Gay and Lesbian Human Rights Commission
Emergency Response Network 

Update

NICARAGUAN SUPREME COURT UPHOLDS SODOMY LAW

July 92 Action

On March 7th of this year the Nicaraguan Supreme Court rejected 
claims that that country's tough anti-gay law (Article 204 of the 
Penal Code) was unconstitutional. The ruling leaves in force the 
hemisphere's most draconian anti-gay law.

In June of 1993 Nicaragua's National Assembly a draft of Article 204 
which was subsequently signed into law by President Violeta Barrios 
de Chamorro. Article 204 penalizes with one to three years in prison 
anyone who "induces, promotes or practices in scandalous form 
sexual relations between persons of the same sex". 

On October 1992 a group of 30 prominent Nicaraguans filed suit 
against the law alleging that it violated Constitutional guarantees of 
equal protection. The court was legally obliged to rule in 45 days. 
Instead the judges postponed a ruling until more than a year and a 
half later. 

The court's decision, which labeled sodomy an "attack" on matrimony 
that threatened the "political, economic and social advancement of 
the country", allows enforcement of the law to begin. Feminist, 
lesbian and gay, and AIDS activists must now all operate under the 
threat of prosecution should the judiciary determine that they are 
"inducing" or "promoting" scandalous sexual relations. 

IGLHRC will monitor continuing activist efforts to repeal Article 204 
as well as any indications of its actual enforcement.

IGLHRC

For more information contact us at 
tel. (415) 255-8660
fax (415) 255-8662
e-mail: iglhrc@igc.apc.org