Venezuela’s Supreme Court annulled on Thursday a controversial article of the military justice code that had criminalised homosexuality within the armed forces. The provision, which prescribed a penalty of up to three years in prison, was struck down “for lacking sufficient clarity and legal precision with regard to the conduct it intended to punish,” the court said on its website. It had called for punishment against members of the military who committed “sexual acts against nature” but failed to define what that meant. The court added that the article was not compatible with the constitution or with progress in human rights.
Members of the LGBTQ community in conservative Venezuela welcomed the decision. “After so many years of struggle we have achieved the nullity of the article of the military justice code,” activist Leandro Viloria told AFP. A military officer who was expelled after the armed forces learned he was gay said the annulment opens the possibility for him to request reinstatement. “Now it is a matter of evaluating if, given that situation, my reinstatement proceeds — at least with this the fear will disappear,” he said, speaking under condition of anonymity.
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