“Essas leis nunca refletiram quem somos como povo e nação — diversos, multirraciais e seculares”, afirmou Jason Jones, quando o tribunal em Londres anulou a legislação que criminalizava relações consensuais entre pessoas do mesmo sexo em Trinidad e Tobago.
The highest appellate court for the Caribbean island nation ruled unanimously that the Sexual Offences Act of 1986 cannot be used to prosecute private, consensual sexual relationships between adult men, according to UOL Notícias.
The judgment concludes a decade-long legal battle spearheaded by Jones, a Trinidad-born LGBTQ+ activist who argued the statutes violated fundamental constitutional rights. A UK tribunal annulled the laws because they were considered incompatible with the right to privacy and respect for family life, as reported by Metrópoles.
Under the annulled provisions, individuals convicted of sodomy faced up to five years in prison, while gross indecency carried a two-year sentence, O GLOBO reported.
The five-judge panel determined that constitutional rights must be interpreted to remain practical and effective today rather than locked in the past, acknowledging that loving relationships between men are protected under the constitutional right to family life. When announcing the decision, Lord Sales said that the laws could not be considered justifiable in a society that respects individual rights and freedoms.
The Judicial Committee of the Privy Council serves as the final court of appeal for several former British colonies and territories, maintaining its role despite Trinidad and Tobago achieving independence on August 31, 1962, and becoming a parliamentary republic in 1976, Metrópoles noted.
During the proceedings, government defense teams argued that the contested rules were shielded by constitutional safeguard clauses preserving laws active at independence. Conversely, lawyers for Jones maintained that statutory amendments in 1986 broadened penalties and stripped the provisions of that protective status.
| Year | Milestone | Context |
|---|---|---|
| 1962 | Independence | Trinidad and Tobago gains independence from the United Kingdom, retaining the Privy Council as final appellate body. |
| 1986 | Sexual Offences Act | Legislation introduces heightened penalties for sodomy and gross indecency, later central to the constitutional challenge. |
| 2018 | High Court Ruling | Jason Jones initially secures a ruling striking down the laws in the High Court of Trinidad and Tobago, before a government appeal reverses the outcome. |
| 2026 | Privy Council Decision | The JCPC in London rules unanimously on November 10 to permanently strike down the criminalization of same-sex relations. |
“I proved everyone wrong; therefore, it is a validation of my strategy and my work,” Jones told AFP following the announcement of the verdict, as reported by Jornal Diário do Povo.
The Freedom Law Chambers, led by principal attorney Anand Ramlogan, represented Jones throughout the protracted litigation. The legal team characterized the ruling as a phenomenal victory for equal dignity and the protection of private life.
“What I will do in the coming months is very specific activism on how the Caribbean, not just Trinidad and Tobago, deals with endemic homophobia,” Jones added.
“Disseram às pessoas LGBTQ+ que éramos criminosos em nosso próprio país. Essa mensagem acaba hoje,” afirmou Jones.
