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UK Privy Council Overturns Trinidad and Tobago Anti-Gay Sex Laws

Culture · First reported 10 Nov, 17:51 · Updated 18:04

Image: Wikimedia Commons · Robert Wade  · CC BY-SA 2.0

The Judicial Committee of the Privy Council in London has struck down sections of Trinidad and Tobago's Sexual Offences Act that criminalized consensual sex between adult males. Ruling unanimously in favor of activist Jason Jones, the five-judge panel determined the laws violated constitutional protections for private and family life.

  • The Judicial Committee of the Privy Council in London unanimously allowed an appeal by Jason Jones, striking down provisions of Trinidad and Tobago's Sexual Offences Act 1986 that outlawed consensual gay sex.
  • The five-judge panel ruled that sections criminalizing 'buggery' and 'serious indecency' breached constitutional rights to private and family life established in Trinidad and Tobago's 1976 constitution.
  • Judge Philip Sales stated that the right to private and family life covers sexual orientation and that statutes seeking to criminalize such consensual activities cannot be justified.
  • The court dismissed a counter-appeal from Trinidad and Tobago's Attorney General, rejecting arguments that pre-constitutional colonial penalties qualified for protected 'existing law' status.
  • Jones originally launched his challenge in 2017, winning at the High Court in 2018 before an appellate court partially reversed the decision, prompting the appeal to the Privy Council.
Summary written by Sumzly from 3 articles

Key facts

Appellant
Jason Jones
Ruling Court
Judicial Committee of the Privy Council
Law Challenged
Sexual Offences Act 1986
Case Inception
2017
Maximum Sentence Under Struck Law
Up to five years in prison

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