Trinidad and Tobago: Court Reverses Historic LGBTQ+ Rights Ruling

In a concerning setback for LGBTQ+ rights, Trinidad and Tobago’s Court of Appeal has reinstated colonial-era sodomy laws, once again criminalising same-sex intimacy and putting LGBTQ+ individuals at risk.

In 2018, the High Court ruled that sections 13 and 16 of the Sexual Offences Act were unconstitutional for criminalising consensual sexual conduct between adults.

The ruling was celebrated as a major victory for LGBTQ+ rights in the Caribbean island nation. However, the government appealed the decision, leading to the recent reversal.

On 25 March 2025, the Court of Appeal ruled in favour of the government, effectively reinstating the pre-independence sodomy laws.

‘Savings Law’ Clause Shields Colonial-Era Laws

Although the court acknowledged that these laws “are not reasonably justifiable in a society that has proper respect for the rights and freedoms of the individual,” it argued that the country’s ‘savings law’ clause prevented them from being overturned. This constitutional provision protects colonial-era laws from being invalidated by the courts.

Outright International condemned the ruling, asserting that the state has repeatedly used the clause to evade human rights obligations, prioritising political expediency over justice.

“No one should be criminalised for who they are or who they love. These regressive laws continue to profoundly hinder equality in Trinidad and Tobago, undoing years of tireless advocacy,” said Outright International’s Caribbean Advocacy Officer, Leah Thompson. “They represent an ongoing barrier to full access to fundamental rights for LGBTQ+ people.”

Calls for Constitutional Reform

Jason Jones, the LGBTQ+ rights advocate who originally challenged the country’s ban on homosexuality, called for constitutional reform.

Writing on Facebook, he stated: “We can no longer claim to be a ‘Republican’ nation when we still enshrine and protect BRITISH COLONIAL LAWS using the savings law…”

In a dissenting judgment, Justice of Appeal Kokaram criticised the “human rights illegitimacy of old laws in a time-warped immunity” and questioned why these unconstitutional laws are “still being retained by a modern republic.”

Outright International urged Trinidad and Tobago’s Parliament to repeal the discriminatory laws and ensure the protection and promotion of the human rights of all individuals, regardless of their sexual orientation or gender identity.