On Tuesday, the Judicial Committee of the Privy Council ruled that consensual same-sex relations between adults in private are now legal in Trinidad and Tobago.
The appeal, brought by LGBTQ+ activist Jason Jones, challenged colonial-era laws deemed to violate constitutional rights to privacy and family life.
His representatives argued that the local buggery and indecency laws were unconstitutional. The Privy Council agreed.
Speaking on the Trinidad and Tobago Today show on Wednesday, he described the ruling as a significant step forward for his rights and for democracy in Trinidad and Tobago.
“Obviously this is a huge step forward for me and my rights, and also, I think, it’s a big step forward for us as a democracy. You know, we have to remember that the rights of the citizen are, are enshrined in our constitution, and these laws impacted my human rights, so I am really proud that we have seen this forward step.”
Local attorney, activist and co-founder of The Queer Corner Caribbean, Terry-Ann Roy, noted that the Privy Council’s ruling will influence societal thinking.
“Some people in society have this belief that the legislation didn’t really affect LGBQTI persons because at the time nobody was really being arrested for buggery, but our view is that this discriminatory legislation actually impacts culture and the way that LGBTQI persons are viewed. And, I think that a decision by the Privy Council and, hopefully, action by the government to amend the legislation would signify to society that LGBTQI persons are respected in our society.”
Ms Roy pointed to the steps which need to be taken to ensure that there is equality of treatment for people in the local LGBTQI community.
“But in terms of moving forward, we still have a lot of work to do, and we need to go past anti-discrimination and actual protection of the law. We have always advocated for the inclusion of sexual orientation and gender identity as protected under our Equal Opportunity Act. So I think that moving forward we have to continue advocating and pushing for that and hope that the government takes the initiative and the next steps to actually amend the laws that continue to discriminate against LGBTQI persons.”
This legal battle spanned nearly ten years, as Mr Jones initiated his legal challenge in February 2017. The local High Court ruled in favour of Mr Jones in 2018, but the Attorney General appealed to the local appelate court, which overturned that decision.
This led Mr Jones to take his case to Trinidad and Tobago’s final court of appeal, the Judicial Committee of the Privy Council.