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Trinidad and Tobago's Buggery Laws Face Final Appeal at UK Privy Council

7/8/2026, 2:49:16 PM

Privy Council Hearing

On 8 July 2026, the Judicial Committee of the Privy Council in London heard the final appeal of Jason Jones, who challenges Trinidad and Tobago’s colonial-era statutes criminalizing consensual gay sex. The five-judge panel may overturn penalties of up to five years’ imprisonment and set a precedent for other Caribbean nations that retain similar bans. The five-judge panel could issue its judgment immediately after the hearing, though no deadline is set.

Legal Background & Timeline

The buggery statutes, inherited from colonial rule, impose five years’ imprisonment for same-sex activity. Trinidad’s High Court declared them unconstitutional in April 2018, but the Court of Appeals partially reversed that ruling in March 2025. The case was filed in February 2017, the High Court decision came in 2018, the partial reversal in 2025, and the appeal to the Privy Council was authorized in July 2025, leading to the July 2026 hearing.

Key Actors & Official Positions

Plaintiff Jason Jones, a 61-year-old who left Trinidad and Tobago in 1996 after homophobic violence, argues that criminalization conflicts with the nation’s secular, multi-racial character. The government, backed by the Council of Evangelical Churches and the Sanatan Dharma Maha Sabha, maintains the statutes reflect community values. LGBTQ groups and Jones’s counsel contend the law creates stigma, fear and concealment, undermining equality and personal expression.

Impact & Opposition

A ruling that decriminalizes gay sex would provide a model for Caribbean states that still criminalize conduct, reducing stigma, fear and exclusion that affect young people’s identity, education and health. Although the statutes have not been actively enforced in recent years, they continue to convey a punitive message. Religious opponents, represented by the Council of Evangelical Churches and the Sanatan Dharma Maha Sabha, argue decriminalization would erode moral standards and conflict with cultural and religious norms.

Verbatim Quotes

  • “A law of this kind operates not only through arrest and conviction, but through the stigma, fear, concealment and exclusion,” — Written argument, supporting Jones
  • “His experience is part of a wider picture,” — LGBTQ advocate
  • “Trinidad and Tobago is a secular society and a multi-racial one. Christian morality is neither universal nor superior.” — Jason Jones
  • “compounds stigma at precisely the stage at which young people may be forming identity, seeking support, accessing education and healthcare, and deciding whether it is safe to disclose abuse, bullying or self-harm risks.” — Written argument, supporting Jones

What’s Next

The five-judge JCPC panel may issue its judgment immediately after the 8 July hearing, though no formal deadline is set. A decision favoring decriminalization could trigger legislative reforms across the Caribbean; an adverse ruling would likely sustain current advocacy efforts.