Gay sex re-criminalised in Trinidad and Tobago
The Court of Appeal reverses position on constitutional law and says only parliament can remove ban.
In 2018, the High Court of Trinidad and Tobago ruled that the country's ban on homosexuality was unconstitutional.
In effect, this decision legalised gay sex.
However, the government appealed the decision and the Court of Appeal has now overturned the High Court's decision - stating that only parliament has the authority to change the law on this matter.
“Judges cannot change the law...” stated the ruling of the Court of Appeal. “It is, therefore, left to Parliament to repeal the criminalisation 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.”
That means that gay sex is once again illegal in Trinidad and Tobago.
Confusingly, the Court of Appeals reduced the maximum sentence that could be imposed on someone convicted of having gay sex from 25 years in prison to five years in prison. It's not clear why the court is able to adjust sentencing on something that it has decided parliament must vote on.
While the anti-gay laws aren't expected to be actively enforced in Trinidad and Tobago, it is a clear step backwards for the queer community.
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