Trinidad & Tobago bans homosexuality… again
Trinidad and Tobago has reinstated its ban on homosexuality, which was lifted by the Caribbean nation’s High Court in 2018.
That year, the High Court in the Christian-majority nation ruled in a lawsuit brought by LGBTQ+ activist Jason Jones that Sections 13 and 16 of the Sexual Offenses Act are “irrational and illegal” because they violate the rights to privacy and freedom of expression.
“What I think the judge pointed out was ‘here every creed and race find an equal place,’ and I think we must all come together now and embrace each other in true love and respect,” Jones said at the time.
But on March 25, the Court of Appeals reversed that decision, saying that only Parliament can overturn the country’s ban on homosexuality. The Court of Appeals also reduced the maximum sentence associated with homosexuality to five years in prison. Prior to 2018, the maximum penalty was 25 years in prison.
“Judges cannot change the law,” Tuesday’s ruling states. “We give effect to Parliament’s intention…. 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.”
“Parliament is ultimately responsible for ensuring that laws reflect the evolving standards of a democratic society. That is their role and function. Any provisions found to be unconstitutional must be taken from the statute books by Parliament through legislative reform and not by judicial overreach.”
Jones spoke out against the Court of Appeals decision.
“We are talking about the rights of some 100,000 LGBTQIA+ citizens in [Trinidad and Tobago],” he told Trinidad and Tobago Newsday. “Why are we spending all this money and retaining these laws?”
“The modernization of our democracy is at stake here, and this is the beginning of this modernization.”
According to 76crimes.com, the ruling brings the total number of countries banning homosexuality up to 66. The African nation of Mali also recently criminalized homosexuality.
In the original 2018 case, religious conservatives argued that God’s wrath would be visited on Trinidad and Tobago if the anti-homosexuality laws were overturned. Conservatives argued that legalizing homosexuality would violate their religious beliefs.
The judge said the ruling “is not an assessment or denial of the religious beliefs of anyone.”
Christian conservatives also told the press that they’re worried about “homosexual rights trumping heterosexual rights.”