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Same-sex relationships no longer outlawed in Trinidad and Tobago

A landmark court ruling has been made in a long-standing battle for gay rights in Trinidad and Tobago, a Caribbean nation where same-sex relationships were previously outlawed.

Top UK appeals court rules gay sex not a crime in the Caribbean nation of Trinidad and Tobago
Source: ABC News International

A landmark court ruling has been made in a long-standing battle for gay rights in Trinidad and Tobago, a Caribbean nation where same-sex relationships were previously outlawed.

The decision was handed down by a final court of appeals in England, which declared that the country's centuries-old ban on gay sex is no longer valid. This move is seen as a significant victory for activists who have been fighting for equality and justice for nearly a decade.

Judge Philip James Sales, part of the Judicial Committee of the Privy Council, stated that laws prohibiting same-sex relationships cannot be justified in a society that values individual rights and freedoms. He emphasized that the right to respect for private life includes protection from persecution based on one's sexual orientation or identity.

The ruling brings an end to a long-standing debate over gay rights in Trinidad and Tobago, but it is only the first step towards achieving full equality for the country's LGBTQ+ community.

The ruling in favor of Jason Jones' case has significant implications for the LGBTQ+ community in Trinidad and Tobago, where "buggery" laws have been on the books since the country was a British colony. Despite not being enforced in recent times, these laws still send a message that gay sex is a crime, according to critics.

Jones himself had to flee his home in 1996 due to what he described as homophobic violence and discrimination. He has been openly gay since age 16 and likely would have faced severe consequences if he stayed in the country under the existing laws.

The Trinidad and Tobago government, along with several prominent organizations such as the Council of Evangelical Churches and Sanatan Dharma Maha Sabha, opposed Jones' case. The opposition from these groups highlights the deep-seated concerns about LGBTQ+ rights in the country.

A key development came when the Privy Council was allowed to hear the appeal, marking a crucial step in the long-running legal battle. This decision also underscores Trinidad and Tobago's unique relationship with the British judicial system, as it is one of the few countries that still uses London's Judicial Committee of the Privy Council as its highest court of final appeal.

The decision by Trinidad and Tobago's government to uphold a ruling that would maintain laws criminalizing gay sex has been rejected by the UK's top appeals court. The court ruled in favor of overturning the March 2025 decision made by the High Court, which allowed judges to amend a law that had previously prohibited same-sex relationships.

This development highlights the unique relationship between Trinidad and Tobago and the British judicial system, as it is one of the few countries that still relies on London's Judicial Committee of the Privy Council for its highest court. The ruling also underscores the progress being made in other Caribbean nations, where similar laws have been repealed or struck down by judges.

The UK appeals court's decision brings Trinidad and Tobago into line with several other Caribbean islands, including the Bahamas, which decriminalized homosexuality as far back as 1991.

Facts based on reporting originally published by ABC News International.

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