Reported by Weng Patrick Atokor l Journalist at Weng Global
Trinidad and Tobago’s highest court of appeal has overturned legislation criminalising consensual same-sex sexual relations between adults, delivering a landmark victory for LGBTQ rights in the Caribbean following a prolonged legal battle.
The Judicial Committee of the Privy Council, which serves as the final court of appeal for Trinidad and Tobago, delivered its judgment on November 10, 2026, ruling that provisions of the country’s Sexual Offences Act 1986 violated fundamental constitutional rights.
The decision means that private, consensual sexual relations between adults of the same sex can no longer be criminalised under the challenged provisions.
The ruling represents a significant development in the country’s human rights and constitutional history, particularly in efforts to remove laws inherited from the colonial era.
It also marks an important moment for LGBTQ rights across the Caribbean, where several countries continue to maintain legislation criminalising consensual same-sex relationships.
Privy Council Rules Against Criminalisation of Same-Sex Relations
The case centred on Sections 13 and 16 of Trinidad and Tobago’s Sexual Offences Act 1986.
Section 13 criminalised an offence historically described in the legislation as buggery, while Section 16 addressed serious indecency.
The provisions had been used to criminalise certain private, consensual sexual activities between adults of the same sex, exposing individuals to potential imprisonment.
In its judgment, the Privy Council concluded that the challenged provisions infringed fundamental rights protected by the Constitution of Trinidad and Tobago.
The court ruled that the legislation could not continue to criminalise private, consensual sexual relations between adults of the same sex.
It also dismissed the Attorney General’s cross-appeal, which had challenged the earlier decision in favour of the claimant.
The judgment was delivered in the case of The Attorney General of Trinidad and Tobago and Others v Jason Jones, officially recorded as [2026] UKPC 38.
Jason Jones’ Legal Battle Behind the Landmark Decision
The ruling followed a legal challenge brought by Jason Jones, a Trinidad and Tobago citizen and LGBTQ rights activist who contested the constitutionality of the country’s same-sex conduct restrictions.
Jones initiated the legal proceedings in 2017, arguing that the criminal provisions violated his fundamental rights, including the right to private and family life.
In April 2018, the country’s High Court ruled in his favour, declaring the relevant provisions unconstitutional insofar as they criminalised consensual sexual activity between adults of the same sex.
However, the legal victory was subsequently challenged by the government.
In March 2025, the Court of Appeal overturned the central outcome of the High Court ruling, allowing the criminal restrictions to remain in force under earlier legal provisions, although with reduced penalties.
That decision prompted Jones to take the case to the Privy Council, seeking a final determination on the constitutional validity of the restrictions.
The November 10 judgment has now reversed the setback suffered in the Court of Appeal and restored the central protection established by the 2018 High Court decision.
Constitutional Rights and the Colonial-Era Legal Debate
A central issue in the case was whether the challenged provisions could be protected by the constitutional savings clause, which preserves certain laws inherited from the colonial period against constitutional challenges.
The government relied on the constitutional protection to defend the continued existence of the restrictions.
However, the Privy Council rejected the argument that the relevant provisions of the 1986 legislation were protected in the manner claimed by the government.
The court considered the relationship between the 1986 Sexual Offences Act and earlier colonial legislation, including whether the newer law had introduced changes that went beyond simply preserving existing offences.
Its conclusion was that the challenged provisions infringed constitutional protections and could not be used to criminalise private, consensual same-sex relations between adults.
The decision is particularly significant because it addresses the continued influence of colonial-era criminal laws on constitutional rights in independent Caribbean countries.
What the Court Said About Individual Rights
The Privy Council’s decision placed the right to private and family life at the centre of its reasoning.
In explaining the judgment, Lord Sales emphasised that sexual orientation forms part of an individual’s fundamental identity and that private, consensual relationships between adults deserve constitutional protection.
The court’s position was that criminal penalties cannot be justified simply because some members of society disapprove of consensual relationships between adults.
The ruling therefore reinforced the principle that constitutional rights must protect individuals regardless of whether their private lives align with the beliefs or preferences of other members of society.
The decision was unanimous, with five justices participating: Lord Reed, Lord Sales, Lord Burrows, Lord Briggs and Lady Rose.
Jason Jones Welcomes the Decision
Jones welcomed the ruling, describing it as a major victory after years of legal proceedings.
According to Reuters, he also stressed that the judgment did not resolve the wider human rights and equality challenges facing LGBTQ+ people.
His legal campaign attracted support from several LGBTQ+ advocacy organisations that participated in the proceedings as interveners.
These included Colours Caribbean, The Silver Lining Foundation, OUTBermuda, United Belize Advocacy Movement and ILGA-North America and the Caribbean.
Their involvement reflected the wider regional significance of the case, particularly for organisations campaigning against laws that criminalise consensual same-sex relationships.
The Attorney General’s office had opposed Jones’ appeal. Reuters reported that it did not immediately respond to a request for comment following the decision.
Wider Implications for LGBTQ Rights in the Caribbean
The ruling could have wider implications for other Caribbean countries where laws inherited from British colonial administration continue to criminalise consensual same-sex relationships.
Countries including Jamaica, Grenada and St Vincent and the Grenadines still have similar restrictions on their statute books.
The Caribbean has, however, experienced a series of legal developments challenging such legislation.
Courts in countries including Barbados, Dominica, Saint Lucia and Antigua and Barbuda have also delivered decisions against laws criminalising consensual same-sex relationships.
Human Rights Watch welcomed the Trinidad and Tobago judgment, describing it as an important development in the protection of LGBTQ rights.
The organisation said the decision added to growing momentum towards decriminalisation across the Caribbean.
For human rights advocates, the judgment demonstrates how constitutional litigation can challenge legislation that has remained in place long after the end of colonial administration.
What Happens Next?
The November 10 decision establishes that Sections 13 and 16 of the Sexual Offences Act cannot be applied to criminalise private, consensual sexual relations between adults of the same sex.
The Privy Council indicated that it intended to uphold the central remedial approach adopted by the High Court in 2018, while allowing the parties to make further written submissions on the precise form of the final order.
The judgment is Trinidad and Tobago’s final appellate determination in the case.
Attention will now turn to the country’s implementation of the ruling and the broader question of whether further legislative reforms will address other forms of discrimination affecting LGBTQ+ people.
Although the decision removes an important legal barrier, it does not automatically resolve social stigma, discrimination or other inequalities experienced by LGBTQ+ communities.
For Trinidad and Tobago, the ruling represents a significant constitutional development. For the wider Caribbean, it adds to the growing legal challenge against colonial-era restrictions on private relationships and individual freedoms.
Weng Global – Stories beyond borders
Sources
- Judicial Committee of the Privy Council – Official Judgment, [2026] UKPC 38.
- Reuters – UK Court Overturns Trinidad and Tobago Law Criminalising Homosexual Sex.
- Associated Press – Top UK Appeals Court Rules Gay Sex Not a Crime in Trinidad and Tobago.
- Human Rights Watch – Trinidad and Tobago: UK Court Overturns Same-Sex Conduct Laws.
- Trinidad and Tobago Guardian – Privy Council Rejects Criminalisation of Consensual Gay Sex.
