UK judges begin hearing appeal over Trinidad and Tobago anti-gay law

UK judges are currently reviewing an appeal concerning Trinidad and Tobago’s colonial-era anti-gay law, which criminalizes consensual same-sex relationships between men. The case centers around whether a Trinidad and Tobago court had the authority to overturn a 2018 ruling that declared the law unconstitutional. This law, known as the “buggery law,” was established in 1925 and later incorporated into Trinidad and Tobago’s 1986 Sexual Offences Act.

The legal journey began in 2017 when Jason Jones, a prominent Trinidadian LGBTQ+ rights advocate, challenged the law. His case reached the High Court in 2018, where it was ruled unconstitutional due to violations of his constitutional rights to privacy and equality. However, the decision was overturned in March 2025 by a local appellate court following an intervention by the country’s attorney general. Now, Jones is appealing to the Judicial Committee of the Privy Council (JCPC), based in London, which serves as the highest court of appeal for the UK’s overseas territories, Crown Dependencies, and several independent Commonwealth countries. The JCPC shares its judges with the UK Supreme Court, adding weight to the significance of this case.

The outcome of this appeal is anticipated within three to six months and has drawn considerable attention from activists throughout the Caribbean. While some Caribbean nations have already moved toward decriminalizing homosexuality—such as the Bahamas in 1991 and several British Overseas Territories in 2001—others continue to enforce similar laws. Countries including Guyana, Grenada, Jamaica, Trinidad and Tobago, and St Vincent and the Grenadines still maintain laws that criminalize consensual same-sex relations. Recent rulings in Barbados, Dominica, St Lucia, and Antigua and Barbuda signal growing momentum against such legislation in the region.

The Trinidadian government opposes Jones’s appeal, arguing that the case could influence the interpretation of “savings clauses”—legal mechanisms used during the decolonization period to preserve certain British laws after independence. Prime Minister Kamla Persad-Bissessar emphasized that the ruling would provide clarity on which colonial-era laws should remain in force. She stated that the decision could have far-reaching implications beyond the specific issue of sodomy laws, affecting how other inherited laws are treated in the context of modern human rights standards.

Darrell Allahar, a senior advisor to the prime minister and one of her legal representatives, described the appeal process as an opportunity to gain insight into the broader legal framework governing post-colonial societies. He noted that the savings clauses were designed to prevent abrupt removal of existing laws in light of evolving human rights norms. This perspective highlights the tension between preserving historical legal structures and adapting them to contemporary values.

Jason Jones, who has been openly gay since the age of 16, expressed frustration that the legal battle has persisted for over a decade. He criticized the government for failing to address the issue directly and for wasting public funds in opposition to his case. Jones believes the law dehumanizes LGBTQ+ individuals, placing them in a dual role as both victims and criminals. He remains optimistic about the potential outcome, stating that the JCPC will not endorse outdated and discriminatory laws in the current social climate.

The case also brings to light the broader historical context of colonial influence in shaping legal systems across the Caribbean. Leo Varadkar, a former Irish leader and advocate for LGBTQ+ rights, highlighted the irony that the few remaining countries in the Americas where homosexuality is illegal were once under British rule. This underscores the lasting legacy of colonial policies and their ongoing impact on human rights discourse in the region. As the appeal proceeds, the world watches closely, hoping for a resolution that aligns with principles of equality and justice.