The High Court of Trinidad and Tobago
has ruled that sections of the country's penal code that criminalize
consensual same-sex activity are unconstitutional.
“The court declares that sections 13
and 16 of the [Sexual Offences Act] are unconstitutional, illegal,
null, void, invalid and of no effect to the extent that these laws
criminalise any acts constituting consensual sexual conduct between
adults,” judge Devindra Rampersad wrote.
The Sexual Offences Act, a holdover
from British colonial rule, prohibits “buggery” and “serious
indecency” between two men in the Caribbean nation. Violators face
up to 25 years in prison.
A final decision on how to deal with
the laws is expected in July, The
Guardian reported.
In 2017, Jason Jones, an LGBT activist
who lives in Britain but was born in Trinidad and Tobago, challenged
the law.
The Coalition Advocating for Inclusion
of Sexual Orientation (CAISO) cheered the ruling, but said that it
expects the government will appeal the decision. It also advocates
for laws that protect the LGBT community.
“The Bill of Rights says everyone
should be protected; that's what we would like to happen,” CAISO
Director Colin Robinson told Trinidad
and Tobago Newsday. “We have dignity and this is our
nation, and we are totally willing to share it with other groups, but
they have to share it with us, and parliament needs to protect us.”