Trinidad and Tobago recriminalizes homosexuality

An appeals court in Trinidad and Tobago has recriminalized consensual same-sex sexual relations in the country.

Jason Jones, an LGBTQ activist from Trinidad and Tobago who currently lives in the U.K., in 2017 challenged Sections 13 and 16 of the country’s Sexual Offenses Act. High Court Justice Devindra Rampersad the following year found them unconstitutional.

The country’s government appealed Rampersad’s ruling.

Court of Appeal Justices Nolan Bereaux and Charmaine Pemberton overturned it on March 25. The Daily Express newspaper reported Justice Vasheist Kokaram dissented.

“As an LGBTQ+ citizen of Trinidad and Tobago, this regressive judgement has ripped up my contract as a citizen of T&T and again makes me an unapprehended criminal in the eyes of the law,” said Jones in a statement he posted to social media. “The TT Court of Appeal has effectively put a target on the back of LGBTQIA+ people and made us lower class citizens in our own country.”

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Dominica are among the countries that have decriminalized consensual same-sex sexual relations in recent years.

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The Jamaican Supreme Court in 2023 ruled against a gay man who challenged it.

A judge on St. Vincent and the Grenadines’s top court last year dismissed two cases that challenged the country’s sodomy laws.

Jones in his statement said he “will be exercising my right of appeal and taking this matter to the” Privy Council, an appellate court for British territories that can also consider cases from Commonwealth countries.

King Charles III is not Trinidad and Tobago’s head of the state, but the country remains part of the Commonwealth.

“I hope justice will be done and these heinous discriminatory laws, a legacy of British colonialism, will be removed by the British courts,” said Jones.