An appeals court in the Republic of Trinidad and Tobago has officially re-criminalized homosexuality. The decision follows the case of Jason Jones, an activist from Trinidad and Tobago who challenged Sections 13 and 16 of the country’s Sexual Offenses Act. The sections were later found unconstitutional by High Court Justice Devindra Rampersad, making same-sex activity legal by precedent in 2018.
At the time Rampersad said of his decision “This is a case about the dignity of the person, not the will of the majority or any religious view…history has proven that the two do not always coincide.”
Despite this, the country appealed Rampersad’s ruling and as a result it was overturned late last month by Court of Appeal Justices Nolan Bereaux and Charmaine Pemberton. However, The Daily Express newspaper reported Justice Vasheist Kokaram dissented.
Jones posted online about the decision writing “As an LGBTQ+ citizen of Trinidad and Tobago, this regressive judgement has ripped up my contract as a citizen of T&T and again makes me an unapprehended criminal in the eyes of the law.” He went on to say: “The TT Court of Appeal has effectively put a target on the back of LGBTQIA+ people and made us lower class citizens in our own country.”
There are very few protections for LGBTQ+ people in Trinidad and Tobago including no blocks on discrimination of any type. However, gender-affirming care is legal and there are some protections for censorship.
According to The Guardian, the privy council in London will soon be called upon to make the final decision on the law. Last week, Jones said he would continue to fight for his case before the privy council.
The U.S. State Department has also issued a travel advisory for Trinidad and Tobago. The Level 3 advisory asks that American citizens “Reconsider Travel” to the country as threats of terrorism and kidnapping encroach on local safety. The Government of Trinidad and Tobago’s (GOTT) declared a nationwide State of Emergency (SOE) back in December. After 105 days the SOE was ended, but travel to Trinidad and Tobago is not recommended at this time, especially for LGBTQ+ people.
