Court Decision Reverses Progress on LGBTQ People’s Rights in Trinidad and Tobago

New York, New York - March 28, 2025 - Outright International notes with grave concern the recent judgment of the Court of Appeal of Trinidad and Tobago on March 25, 2025, in the case of The Attorney General of Trinidad and Tobago v Jason Jones. 

The judgment, which reverses the 2018 decriminalization ruling in the lower court, reinstates pre-independence sodomy laws in the country. Section 13 of the Sexual Offences Act (SOA) is reinstated with a lesser penalty of five years, and Section 16 of the SOA is replaced by section 61 of the Offences Against the Person Act 1925.

While the court made it clear that these laws “are not reasonably justifiable in a society that has proper respect for the rights and freedoms of the individual,” it cited the country’s rigid savings law clause (a constitutional provision that shields colonial-era laws from being overturned by the courts) as binding. The state has repeatedly exploited this clause to evade human rights obligations, prioritizing political expediency over justice.

“No one should be criminalized 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. They represent an ongoing barrier to full access to fundamental rights for LGBTQ people. To the LGBTQ communities and allies in Trinidad and Tobago, your courage in the face of systemic oppression lights the path forward. Outright stands with you—this setback is not an endpoint, but a rallying cry to demand accountability, repeal these archaic laws, and build a future where dignity prevails over discrimination,” said Outright International’s Leah Thompson. 

In his dissenting judgment, Justice of Appeal Kokaram reminds us that an assessment of the constitutionality of sodomy laws requires that we “...not hide the fact of the human rights illegitimacy of old laws in a time-warped immunity….why is this unconstitutional law still being retained by a modern republic.”

Outright International stands in solidarity with the LGBTQ activists and civil society groups in Trinidad and Tobago. We echo their call to the Trinidad and Tobago Parliament to take immediate action to repeal these discriminatory laws and ensure the protection and promotion of the human rights of all individuals, regardless of their sexual orientation or gender identity. It is crucial for Trinidad and Tobago to align its laws with international human rights standards and commitments.

Outright remains committed to supporting local activists and organizations in their efforts to create a more inclusive and just society.