The Privy Council’s ruling restores a concrete protection in Trinidad and Tobago: laws once used to criminalise private, consensual same-sex relations between adults must now be read in line with the constitution so that they do not do so. That is a substantial reversal of the country’s 2025 Court of Appeal decision, and it matters precisely because it changes the legal position rather than merely adding another statement of support.
The London-based Judicial Committee overturned the appeal ruling on Tuesday, according to the Guardian. All five judges found that sections 13 and 16 of the Sexual Offences Act 1986 must be interpreted consistently with the constitution. Jason Jones, whose challenge began a decade ago, had won at Trinidad and Tobago’s High Court in 2018 before the government’s appeal succeeded in 2025.
The decision is also a reminder that the Privy Council remains an active constitutional force beyond Britain. It is the final court of appeal for Trinidad and Tobago and several other Commonwealth countries. Its reasoning may therefore be closely watched in Caribbean jurisdictions where similar colonial-era provisions remain on the books.
But “closely watched” is not the same as automatically changed. Jones said the ruling could have a domino effect, and his lawyers called it a major victory for LGBTQ+ people. Those are understandable assessments of its potential importance. The material available, however, does not establish that another country’s law has fallen or that its courts are bound to reach the same result without their own cases and constitutional arguments.
That limit does not diminish the ruling. The immediate achievement is clear: a 2025 recriminalising judgment has been overturned, and Trinidad and Tobago’s relevant provisions can no longer be applied to private, consensual same-sex relations between adults. Its wider regional significance will depend on what courts, governments and litigants do next.
Sources
- The Guardian · UK · Source date: 2026-11-10
Independent editorial content. WUA is not affiliated with any political party. 2026-11-10