London, England – A contentious legal battle that could change the landscape of LGBTQ+ rights in Trinidad and Tobago is set to be decided by the privy council in London, the country’s highest appeal court. This follows a surprise decision by Trinidad’s supreme court last week to reinstate laws criminalizing consensual same-sex acts, sparking international concern and prompting travel advisories for LGBTQ+ tourists.
The legal saga began in earnest in 2018 when Trinidad’s high court ruled to abolish the archaic ‘buggery law,’ which dated back to 1925 under British colonial rule and criminalized consensual anal sex. The initial ruling was celebrated as a significant step forward for LGBTQ+ rights within the Caribbean nation. However, the decision was recently overturned on appeal, re-criminalizing the act and undermining years of progression.
Activist Jason Jones, a central figure in the push for legal reform, initiated the 2018 challenge. Despite the setback, Jones remains determined to continue the fight in the privy council. His argument focuses on the contentious “savings clause,” which allows former British colonies to retain pre-independence laws. Jones contends that repeated amendments to Trinidad and Tobago’s sexual offences legislation in 1976, 1986, and 2000 render the original law unsuitable for protection under this clause.
Jones and his supporters argue that using this historical provision to maintain discriminatory laws reflects poorly on a country that has already transformed several aspects of its legal landscape. Meanwhile, the reinstatement of the law has plunged the LGBTQ+ community of Trinidad into a state of uncertainty and fear, sharply contrasting with the jubilant reactions following the 2018 court ruling.
This judicial reversal was marked by a detailed and decidedly clinical explanation from Justice Nolan Bereaux, who emphasized the judiciary’s role in adhering to the legislature’s intent rather than setting new precedents. According to Bereaux, despite the law’s presence on the books, it is not actively enforced in private consensual scenarios.
Yet, according to activists like Jones and Pride TT co-founder Kennedy Maraj, the mere existence of such laws legitimizes discrimination and poses a symbolic threat, signaling that rights and freedoms are perpetually at risk. The emotional and social impacts were echoed by Patrick Lee Loy, one of the few openly gay men in the country, who expressed dismay at the legal system’s apparent disregard for personal freedoms.
Despite Trinidad’s image as a hub of vibrant culture, particularly evident during its exuberant carnival celebrations, the underlying conservative religious ethos profoundly influences societal norms and laws. This is especially true outside the more liberal capital city, where being openly gay carries significant risks.
The case also reflects broader regional tensions around LGBTQ+ rights, contrasting with progressive movements elsewhere in the Commonwealth, such as India, which decriminalized homosexuality shortly after Trinidad’s 2018 ruling.
The upcoming decision by the privy council not only holds significant implications for Trinidad and Tobago but could also influence international perspectives on the responsibilities of former colonial powers in addressing outdated laws in their former territories.
If the privy council upholds the reinstatement of the law, Jones has suggested a potential reconsideration of Trinidad and Tobago’s reliance on the Judicial Committee of the Privy Council as its highest appellate court, challenging its effectiveness amid modern democratic values.
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