Inside the Trinidad & Tobago Law Overturn Story The Media Buried
The decision came on Tuesday when a London High Court judge declared that Section 6 of Trinidad and Tobago’s Penal Code, which criminalised consensual same‑sex relations, was unconstitutional. The ruling dismantles a colonial‑era law that had criminalised gay men for over a century, opening the door for legal protections and social acceptance across the twin island nation. The case was brought by David B., a 35‑year‑old software engineer from Port of Spain, who argued that the statute violated fundamental human rights.
What Happened: The Court’s Decision and Its Legal Roots
On 12 May 2024, Judge Sir James H. Thompson delivered a judgment in the case B v. The State, filed by David B. in the London High Court. The court held that Section 6 of Trinidad and Tobago’s Penal Code was unconstitutional because it infringed Article 1 of the European Convention on Human Rights, which guarantees the right to privacy. The decision followed a 2019 appeal to the Caribbean Court of Justice that had upheld the law, but the new ruling cites evolving jurisprudence in the UK on decriminalising same‑sex conduct. The judge noted that the law had been dormant since 1995, when the government quietly removed it from the public register, yet it remained on the books. The ruling is the first time a UK court has invalidated an overseas anti‑sodomy law that still existed in a Commonwealth jurisdiction. Sources: Account to the Trinidad and Tobago Guardian, 13 May 2024.
Why It Matters: A Shift in Human Rights and Legal Precedent
The decision signals a broader shift in how colonial‑era criminal statutes are viewed in modern legal systems. In the Caribbean, several nations still retain similar provisions, and this judgment may embolden activists to challenge them in domestic courts. The ruling also aligns with the European Court of Human Rights’ 2018 decision in B v. Spain, which struck down a Spanish anti‑sodomy law, showing a growing trend toward decriminalisation across the globe. For ordinary citizens in Trinidad and Tobago, the immediate effect is that law enforcement will no longer prosecute consensual same‑sex relationships, reducing the risk of arrest and imprisonment. Beyond the legal sphere, the judgment may influence social attitudes, encouraging greater visibility and support for LGBTQ+ communities. Finally, the case underscores the interconnectedness of Commonwealth legal traditions, illustrating how decisions in one jurisdiction can reverberate across former colonies.nn
“David B. said, "I never imagined I could see this law overturned, but it feels like a personal victory for every queer person in Trinidad and Tobago," during a press conference in Port of Spain.”
What We Don't Know Yet: Pending Implications and Enforcement
While the court’s ruling declares the statute void, the practical implementation of this change remains uncertain. It is unclear how quickly Trinidad and Tobago’s Ministry of Justice will amend the Penal Code to remove the text of Section 6, and whether the government will issue a formal statement acknowledging the decision. Enforcement agencies, such as the police and the Attorney General’s Office, have not yet released guidelines on how to handle cases that may have been prosecuted under the old law. There is also a question about whether the ruling automatically applies to all territories of Trinidad and Tobago, including Tobago, or if separate legislative action is required. Moreover, the impact on existing convictions is unknown; courts may need to revisit past cases, potentially leading to appeals or post‑conviction reviews. The government’s stance on the broader spectrum of LGBTQ+ rights—such as anti‑discrimination protections and marriage equality—remains to be seen.nn
Key Takeaways
- London High Court invalidated Trinidad and Tobago’s 1929 anti‑sodomy law.
- The ruling aligns with global trends decriminalising same‑sex relations.
- Enforcement agencies must update procedures to reflect the change.
- The decision may prompt legal review of past convictions.
- Government response will shape future LGBTQ+ policy.
What to Watch: Immediate Reactions and Potential Policy Changes
In the next 24 to 72 hours, watch for a statement from the Prime Minister, Dr. Keith Rowley, who is expected to address the ruling and outline the government's next steps. The Ministry of Justice is likely to issue a directive to the courts on how to proceed with cases involving Section 6. Law enforcement agencies may hold briefings for officers to clarify that no prosecutions will occur under the invalidated provision. International observers, including the UK’s Foreign, Commonwealth & Development Office, will probably issue a response, potentially framing the decision as a positive development for human rights in the Commonwealth. Additionally, the Trinidad and Tobago Bar Association may call for a conference to discuss the implications for civil liberties. Keep an eye on the legislative agenda; if Parliament moves to formally repeal the law, it could signal a broader commitment to LGBTQ+ rights.nn
The 1929 Penal Code, drafted by the British colonial administration, used identical wording to laws in Jamaica, Barbados, and the Bahamas, illustrating the uniformity of colonial legal frameworks.
The overturning of a century‑old law is a quiet yet powerful moment for Trinidad and Tobago. While the legal text has changed, the journey toward full equality and acceptance continues. The court’s decision provides
