In brief

• The Privy Council in London has ruled that Trinidad and Tobago's laws criminalising consensual same-sex intimacy are unconstitutional.
• The decision overturns a 2025 Court of Appeal ruling and ends a legal fight brought by activist Jason Jones that began in 2018.
• Around 34 Commonwealth countries still criminalise homosexuality, and the judgment could prompt similar challenges across the Caribbean.

Privy Council overturns ruling

London's Privy Council, the highest court of appeal for Trinidad and Tobago, has ruled that the island's laws criminalising consensual same-sex relations conflict with its constitution. The judgment set aside a 2025 decision by the Court of Appeal in Port of Spain, which had restored penalties for anal sex between men (Activist wins 10-year fight against homophobic Trinidad and Tobago laws – The Guardian). The judges held that same-sex intimacy falls under the constitutional guarantee of respect for private and family life (Anti-homosexuality laws in Trinidad and Tobago overturned – BBC News).

A case that began in 2018

The case was brought by Jason Jones, a gay man and human rights activist who holds dual citizenship. In 2018 the High Court in Port of Spain declared the country's colonial-era "buggery" provisions unconstitutional. The government and religious organisations succeeded in overturning that finding on appeal, prompting Jones to take the matter to the Privy Council. Jones, now 62, said he hoped the outcome would accelerate the push for full equality.

Wider impact across the Commonwealth

The court said the ability to build a deep, loving relationship with another person is essential to every human being. Before the ruling, Trinidad and Tobago was among roughly 34 Commonwealth countries that still criminalised homosexuality under laws inherited from British rule. In some of these states, consensual same-sex relations carry prison sentences, and in a few cases the death penalty. Activists say the judgment could have a domino effect across Caribbean countries with similar statutes.

What comes next

As the Privy Council's ruling is binding on Trinidad and Tobago's courts, the anti-gay provisions that were struck down will no longer be enforceable. Jones described the judgment as one that would change the lives of many millions of people.