SAN JUAN, Puerto Rico (AP) — A crucial hearing is set to take place at a final appeals court in England, potentially ending a nearly decade-long battle for gay rights in Trinidad and Tobago. This landmark case could lead to the decriminalization of gay sex in the eastern Caribbean nation, which may set a significant precedent within the largely conservative Caribbean region.
The case was initiated in February 2017 by Jason Jones, who contends that Trinidad and Tobago's buggery laws, remnants of colonial legislation, are unconstitutional. These laws currently prohibit gay sex and those convicted under them could face up to five years in prison. The government of Trinidad and Tobago opposes Jones's stance, receiving backing from local religious groups, including the Council of Evangelical Churches and the Sanatan Dharma Maha Sabha, the largest Hindu organization in the country.
Jones's legal journey has traversed multiple courts. In April 2018, Trinidad's High Court ruled that the buggery laws were unconstitutional. However, a local appeals court partially reversed this decision in March 2025. Subsequently, in July of the same year, Trinidad's Court of Appeals permitted Jones to seek a final ruling from the Judicial Committee of the Privy Council in England. Activists throughout the Caribbean are closely monitoring this landmark case.
Historically, the Bahamas decriminalized homosexuality in 1991, while the UK government repealed similar laws in 2001 in various territories including Anguilla, the British Virgin Islands, the Cayman Islands, Montserrat, and the Turks and Caicos Islands. Recently, legal progress has been made in other Caribbean nations as judges have struck down analogous laws in countries like Barbados, Dominica, St. Lucia, and Antigua and Barbuda. However, gay sex continues to be criminalized in Grenada, Jamaica, Trinidad and Tobago, and St. Vincent and the Grenadines.
Jason Jones, now 61, has been openly gay since he was 16 years old. He emigrated from Trinidad and Tobago in 1996 due to what he described as rampant homophobic violence and discrimination. LGBTQ groups supporting him maintain that his experience reflects a broader issue, pointing out that many individuals struggle to express their sexuality without fear of being labeled criminals.
Jones argues against the buggery laws by stating that they represent a moral stance rather than a legal one. He emphasizes that “Trinidad and Tobago is a secular society and a multi-racial one,” asserting that Christian morality is not universal nor superior. Although these laws have not been enforced in recent years, their mere existence perpetuates stigma and fear, affecting the lives of many individuals.
According to recently submitted written arguments, the impact of criminalizing gay sex extends beyond potential arrests and convictions. These laws perpetuate stigma and can hinder young people in their identity formation, access to support, education, healthcare, and their safety in disclosing experiences of abuse or bullying.
The Judicial Committee of the Privy Council, which comprises five judges, is set to hear the case, and they may issue a ruling as soon as the hearing concludes; however, they are not bound by any specific timeline to deliver their decision.
