In a move that’s sparked outrage and concern, Trinidad and Tobago’s Court of Appeals has reinstated the nation’s ban on homosexuality, overturning a 2018 High Court ruling that declared the ban unconstitutional. The court’s decision emphasized that only Parliament has the authority to change laws, not judges. The ruling reduced the maximum sentence for homosexuality from 25 years to five years. It said, “Judges cannot change the law…It is, therefore, left to Parliament to repeal the criminalization of buggery and the related offense of gross indecency by legislation.
It is an emotive issue which engages vibrant discussion in the court of public opinion.” Queer activist Jason Jones, who brought the 2018 case, criticized the decision, saying, “We are talking about the rights of some 100,000 LGBTQIA+ citizens in Trinidad and Tobago. Why are we spending all this money and retaining these laws?” Religious conservatives, who argued that overturning the ban would bring God’s wrath, are now relieved. The ruling raises the global tally of countries criminalizing homosexuality to 66, following a recent similar move by Mali. The fight for LGBTQ rights in Trinidad and Tobago is far from over, but as the court ruled, the power to change rests firmly in Parliament’s hands.
