Pride Month and a History Still Unresolved
Pride Month takes its timing from the United States. The Stonewall uprising in June 1969 became the basis for an almost-global calendar. Although the cause spread quickly, the history did not. Many Commonwealth countries had already begun dismantling their inherited criminal laws before Stonewall, and others have moved further and faster since. The spread of Stonewall as the common narrative is itself a form of cultural dominance, mirroring how earlier British laws spread across the Commonwealth and still shape homophobia today.

Across the Commonwealth, the picture is old and uneven. The laws that still shape queer life in dozens of member states were written in London and exported outward as part of the administrative machinery of what was then a racist, sexist and homophobic empire. Their origins are detailed by the Human Dignity Trust and legal historians tracing the reach of the 1533 Buggery Act and the Indian Penal Code Section 377. Pride Month, seen from here, is not a celebration of a single uprising but a reminder of the afterlife of that empire: what was imposed, and what each country has chosen to keep.
Colonial Origins
The legal architecture that still shapes queer life across much of the Commonwealth did not originate in the countries that enforce it. It was built in Britain, refined through Victorian anxieties, and exported outward through empire. The 1860 code created the category of “carnal intercourse against the order of nature,” a phrase that travelled across Asia, Africa, and the Caribbean. A further Victorian offence (“gross indecency”) was broad enough to criminalise letters, gestures, or implication.

The British Empire spread these statutes around the world. They were imposed on societies with their own histories of gender and intimacy. Pre‑colonial records across Africa and Asia show diverse understandings of gender and sexuality, documented by ILGA World. The downfall of the Empire and eventual independence of its colonies did not undo the damage. Many emerging nations kept the inherited codes because they were already embedded in courts, policing, and legal ethics.
Diverse Commonwealth Paths
United Kingdom. The UK exported the criminal codes that shaped the Commonwealth, then dismantled them at home: partial decriminalisation in 1967, followed by Scotland (1980) and Northern Ireland (1982).
Australia. Australia inherited British criminal law and enforced it harshly. Decriminalisation occurred state by state from 1975 to 1997, summarised by the Digital Classroom. Marriage equality arrived in 2017.
Uganda. Uganda shows how inherited colonial laws can be intensified rather than dismantled. The Victorian “unnatural offences” provisions became the platform for successive legislation, culminating in the far harsher 2023 Anti‑Homosexuality Act, encouraged by religious influences in the UK and the USA.
Some other Commonwealth members exhibit more hope. Botswana’s courts dismantled colonial statutes through constitutional reasoning in 2019 and 2021 (High Court; Court of Appeal), while Dominica’s High Court struck down its colonial‑era provisions in April 2024 (Dominica ruling).
Activism and the Tradition Defence
Trinidad Jerry, a young LGBTQ refugee killed in Kakuma Refugee Camp in Kenya, lived and died under a legal environment shaped by colonial statutes and contemporary hostility. Four years later, Emanuel Muhayimana was killed in the same camp, underscoring how little had changed.

Legal reform across the Commonwealth has been driven less by parliaments than by activists, lawyers, and community groups working through the courts. In India, the petitioners in Navtej Singh Johar v. Union of India argued that Section 377 violated Articles 14, 15, and 21 of the Constitution. In the Caribbean, cases were brought by citizens who lived under the laws.
The work has also been carried by individuals whose names rarely appear in political speeches but whose risks have reshaped the legal landscape. Caleb Orozco in Belize, Jason Jones in Trinidad and Tobago, and Rosanna Flamer‑Caldera in Sri Lanka challenged the laws in their own courts. In Uganda, David Kato’s advocacy — and his murder in 2011 — exposed the dangers faced by those who confront inherited statutes; Frank Mugisha continues that work under constant pressure. In the United Kingdom, Peter Tatchell’s long‑running campaigns helped expose the colonial origin of the laws Britain exported.
Courts in Belize, Trinidad and Tobago, Botswana, and Dominica have all stated explicitly that the criminal provisions were imposed by colonial authorities and do not reflect indigenous culture. Dominica’s 2024 ruling noted that the Sexual Offences Act provisions were “inherited from a colonial legal framework,” as highlighted by the Human Dignity Trust.
Leaders in Uganda, Nigeria, and Ghana often frame criminalisation as cultural defence and LGBTQ identities as foreign. This reverses the historical reality: the criminal laws were imported by Britain, while the constitutional rights used to dismantle them are home‑grown. A recent cross‑continental study on women’s rights in Africa found the same pattern: governments defending “traditional African values” while enforcing legal frameworks inherited from external colonial rule.
The Road Ahead

Next likely reformers. Sri Lanka has signalled willingness to amend Sections 365 and 365A. Mauritius has active litigation. Namibia — not a Commonwealth member but a parallel post‑colonial jurisdiction — struck down its sodomy laws in 2024.
High‑risk states. Uganda’s 2023 Act remains the most severe example. Ghana’s proposed “Family Values” bill threatens to expand criminalisation. Nigeria continues to enforce the 2014 Same‑Sex Marriage (Prohibition) Act.
Courts will continue to lead. In most jurisdictions, the next major reforms will come through litigation rather than legislation.
Activism and visibility. Legal reform follows visibility, community organising, and sustained advocacy. These movements are local, not imported.
Geopolitics. Some states use decriminalisation to alignm with democratic partners; others use criminalisation to align with conservative blocs.
The work continues.
Across the Commonwealth, legal change has come from citizens who challenged the laws that governed their lives; people stepping up when politicians often fear to tread. Their cases, risks, and losses form the quiet impetus beneath every reform.
Their footsteps fall where Commonwealth leaders frequently fail.
Bibliography
Human Dignity Trust — Criminalisation Maps and Legal Histories
ILGA World — State-Sponsored Homophobia Reports
NYC LGBT Historic Sites Project — Stonewall Documentation
Digital Classroom — Australian Legal History
BBC — Uganda Anti-Homosexuality Act 2023
The Guardian — Colonial Legal Frameworks and Women’s Rights
©2026 Geoff Allshorn. I acknowledge the Wurundjeri-Willam people, the Traditional Custodians of the land on which this blog was prepared, and show my respect for Elders past and present. Editorial and artistic assistance: Copilot AI.











