Privy Council rules against Trinidad and Tobago's anti-gay laws

The London-based Privy Council on Tuesday unanimously ruled in favor of Trinidad and Tobago-born LGBTQ+ activist Jason Jones in his legal challenge against laws criminalizing consensual same-sex relations between adults.

The ruling marks a significant victory for Jones, 62, who challenged Sections 13 and 16 of Trinidad and Tobago's Sexual Offences Act of 1986, arguing that the provisions violated his constitutional rights to privacy, family life and personal freedom.

Section 13 of the legislation criminalizes “buggery,” while Section 16 prohibits certain sexual acts other than intercourse, with an exception for consensual acts conducted privately between men and women over the age of 16.

Jones, who now resides in Britain, welcomed the decision but said broader issues of human rights and equality for LGBTQ+ people remain unresolved across the Commonwealth and other jurisdictions where colonial-era laws continue to exist.

Before the ruling, Jones had expressed confidence that the Privy Council would uphold his constitutional challenge.

“The Privy Council will never uphold a 500-year-old homophobic piece of British law that goes against the rights of the individual! Not in 2026! I’m going to win,” he said.

Former Trinidad and Tobago Attorney General Anand Ramlogan, who represented Jones, described the decision as a “landmark victory for gay rights, equal dignity and respect for private and family life in Trinidad and Tobago.”

The case followed years of legal proceedings. The High Court initially ruled that the disputed provisions were unconstitutional, finding that they violated Jones's fundamental rights. However, the Court of Appeal subsequently upheld portions of the legislation, determining that certain provisions were protected under constitutional safeguards for existing laws.

Jones appealed that decision to the Judicial Committee of the Privy Council, Trinidad and Tobago's highest appellate court, while the Attorney General filed a cross-appeal seeking to preserve the validity of the provisions.

In its unanimous decision, the Privy Council allowed Jones's appeal and dismissed the Attorney General's cross-appeal, finding that the disputed provisions were not protected from constitutional challenges.

The judges determined that the 1986 Sexual Offences Act constituted new legislation rather than a continuation of laws existing before Trinidad and Tobago's Constitution came into force in 1976.

The court also rejected arguments that the criminal provisions were reasonably justifiable based on longstanding traditions.

“The criminalisation of private, consensual same-sex relations interferes with a fundamental aspect of Mr Jones’s life and identity,” the Privy Council stated.

The judges emphasized that the ability to form intimate relationships is central to the constitutional right to private and family life and that restrictions on such relationships must meet the standard of being reasonably justifiable in a society that respects individual rights and freedoms.

They further noted that the Attorney General had presented no evidence demonstrating that the longstanding nature of the laws justified their continued enforcement.

“In any event, the interference with the most intimate aspects of Mr Jones’s private life is too severe for the relevant provisions to be considered as striking a fair balance and to be reasonably justifiable,” the judges said.

The judgment was delivered by Lord Sales and Lord Burrows, with the remaining members of the Judicial Committee agreeing.

The Privy Council will now receive further written submissions from both parties before issuing its final order outlining any modifications necessary to bring Sections 13 and 16 of the Sexual Offences Act into compliance with constitutional protections.