Privy Council Hears Appeal to Decriminalize Same-Sex Intimacy in Trinidad

The Judicial Committee of the Privy Council in London held a hearing on July 8, 2026, to determine the constitutionality of colonial-era laws in Trinidad and Tobago that criminalize consensual same-sex intimacy. The case, initiated by activist Jason Jones in February 2017, challenges laws stemming from the UK's 1533 Buggery Act, which carry penalties of up to five years for buggery and two years for gross indecency.

The legal battle has seen shifting outcomes: a 2018 high court ruling declared the laws unconstitutional, but a March 2025 Court of Appeal decision recriminalized anal sex. Jones, represented by former attorney general Anand Ramlogan, argues that these laws are incompatible with a secular, multiracial society and create social stigma. He contends that the state wasted taxpayer funds fighting the challenge rather than repealing the laws through parliament.

The Government of Trinidad and Tobago, led by Prime Minister Kamla Persad-Bissessar, opposes the appeal. The government, supported by the Council of Evangelical Churches and the Sanatan Dharma Maha Sabha, argues that the ruling could undermine savings clauses intended to preserve colonial laws after independence. Justice Robert Reed, president of the Supreme Court, noted that the case raises complex legal questions of great concern to many.

A final decision is expected between September and October 2026. The ruling could set a legal precedent for other conservative Caribbean nations, such as Jamaica and Grenada, where similar colonial-era laws remain in effect.