UK judges hear appeal on Trinidad and Tobago anti‑gay law

A Trinidad and Tobago activist has taken legal action to challenge a 2023 ruling that reinstated a colonial‑era law criminalising anal sex between consenting men. The case, brought by Jason Jones, centers on the country’s “buggery” statute, introduced in 1925 and incorporated into the 1986 Sexual Offences Act. In 2017 Jones filed a constitutional challenge, and a 2018 high‑court decision found the law violated his rights to privacy and equality, ordering its repeal.

The 2023 decision, however, reversed the 2018 ruling, arguing that the Trinidad and Tobago court lacked jurisdiction to annul a law that had been deemed unconstitutional by a domestic court. The case has now been escalated to the UK’s senior judiciary, where judges are examining whether the Trinidadian court had the legal authority to override its own earlier judgment. The dispute hinges on the extent of judicial autonomy in former British colonies and the interplay between domestic constitutional law and inherited colonial statutes.

If the UK judges uphold the 2023 ruling, the buggery law will remain in force, potentially criminalising consensual same‑sex activity and undermining the progress made by the 2018 decision. Conversely, a ruling in favour of Jones could reinforce the primacy of constitutional rights over colonial legacy laws, setting a precedent for similar challenges across the Caribbean. The outcome will have significant implications for LGBTQ+ rights and the legal landscape in Trinidad and Tobago.