PORT OF SPAIN, TRINIDAD AND TOBAGO — Trinidad and Tobago’s highest court of appeal has struck down laws criminalising private, consensual same-sex relations between adults, delivering a landmark ruling after nearly a decade of legal challenges led by LGBTQ rights activist Jason Jones.
The United Kingdom-based Judicial Committee of the Privy Council delivered the unanimous judgment on Tuesday, November 10, 2026, declaring that Sections 13 and 16 of the country’s Sexual Offences Act 1986 violated fundamental constitutional rights.
The decision means the provisions can no longer be applied to criminalise private, consensual sexual relations between adults of the same sex.
The disputed legislation criminalised acts described as “buggery” and “serious indecency”. Under the previous provisions, individuals convicted of such offences faced prison sentences of up to five years for buggery and two years for serious indecency.
Delivering the judgment, Lord Sales said the fundamental right to respect for private and family life protects important aspects of individual identity, including sexual orientation.
The court held that laws seeking to criminalise consensual sexual activities between adults in private could not be justified in a society that respects individual rights and freedoms.
The ruling followed an appeal by Jason Jones, a Trinidadian LGBTQ rights activist who challenged the legislation on constitutional grounds, arguing that it violated his fundamental rights and subjected people to discrimination because of their sexual orientation.
Jones initially secured a landmark victory in April 2018 when Trinidad and Tobago’s High Court ruled that the disputed provisions were unconstitutional.
However, the government challenged the decision, and the Court of Appeal partially reversed the ruling in March 2025, allowing the criminal provisions to remain protected under the constitutional savings clause.
The savings clause provides constitutional protection for certain existing laws inherited from the colonial period, making them difficult to challenge on fundamental rights grounds.
Jones subsequently pursued the case before the Privy Council, which serves as Trinidad and Tobago’s final appellate court.
In its latest judgment, the Privy Council rejected the argument that the disputed provisions were protected by the savings clause. It found that the 1986 legislation had repealed and re-enacted earlier provisions with modifications, making the laws subject to constitutional scrutiny.
The court consequently allowed Jones’s appeal and dismissed the government’s cross-appeal, upholding the central conclusion reached by the High Court in 2018.
Jones welcomed the outcome, describing it as a major victory after years of legal battles. He said the judgment represented an important step towards recognising the rights and dignity of LGBTQ people in the Caribbean.
The case attracted international attention because of its potential implications for other Caribbean countries that retain laws criminalising consensual same-sex relationships.
Human Rights Watch welcomed the decision, describing it as a significant development in the protection of fundamental rights. The organisation said such laws had contributed to stigma, discrimination and violence against LGBTQ people, even where prosecutions were uncommon.
However, campaigners have cautioned that removing criminal penalties does not automatically eliminate discrimination in everyday life. LGBTQ people may continue to face exclusion in employment, education, housing, healthcare and other areas of society.
The ruling also adds to a series of legal developments across the Caribbean, where courts have invalidated similar laws in countries including Barbados, Dominica, Saint Lucia and Antigua and Barbuda.
Nevertheless, criminalisation remains in force in several other Caribbean nations, including Jamaica, Grenada and Saint Vincent and the Grenadines.
The judgment is final within Trinidad and Tobago’s existing appellate structure and cannot be appealed through another domestic court.
For Jones and supporters of LGBTQ rights, the decision closes a major chapter in a prolonged legal campaign. However, the broader struggle for equal treatment, protection from discrimination and social acceptance remains an important challenge beyond the courtroom.
