Mauritius is widely praised for policies that have minimized tensions between ethno-religious groups. Other types of groups, however, are excluded from that sociopolitical ordering of society. In particular, LGBTQI+ Mauritians have long been stigmatized and criminalized by an anti-sodomy law, enacted by the British colonial administration. Despite a reputation for a strong commitment to human rights, the Mauritian government never repealed that law. Drawing in large part on interviews with LGBTQI+ activists in Mauritius, this article analyzes how and why they challenged that anti-sodomy law in court, what they achieved and what the implications are. It argues that the state’s and political parties’ emphasis on traditional cultures made it difficult to convince the government to act, leaving strategic litigation as the best option for getting LGBTQI+ rights recognized. Grounded primarily in constitutionally guaranteed rights and harnessing support from international nonstate actors, their court cases succeeded in carving out greater space for LGBTQI+ rights within the conservative multicultural framework, even though the verdict was rather limited in scope. Significant pressure will be needed to achieve more political and social change, potentially including more strategic litigation, which poses a significant challenge to LGBTQI+ activists.
