The legal framework
The High Court declared the buggery provisions unconstitutional in 2018 in a widely reported judgment. The State appealed, and in 2025 the Court of Appeal allowed the appeal and restored the provision, relying on the savings clause for pre-independence laws while reducing the penalty. A further appeal to the Judicial Committee of the Privy Council has been pursued. Marriage was defined in 2017 as between a man and a woman.
Trinidad and Tobago is the rare case of a country that decriminalised and then re-criminalised by judgment rather than by legislation. The reversal turned on the savings clause, the same device that blocks challenges in Jamaica, which makes the pending Privy Council appeal significant for the whole Commonwealth Caribbean.
Key points
| Marriage | Not available; defined by statute since 2017 as between a man and a woman |
|---|---|
| 2018 ruling | High Court declared the buggery provisions unconstitutional |
| 2025 appeal | Court of Appeal reversed the ruling and restored the provision |
| Further appeal | Pursued before the Judicial Committee of the Privy Council |
| Union alternative | None |
| Foreign marriage | Not recognised |
| Prosecutions | Not brought for consensual adult conduct |
In practice
- No union of any kind can be registered in the country.
- A marriage celebrated abroad has no effect here: no spousal visa, no inheritance, no say in hospital.
- The documents that protect a couple — will, power of attorney, nominations — must be made in the country of residence.
- Digital caution is a safety measure: messages, photographs and dating applications.
Cost and coverage
There is no union to register. Organisations operate openly and provide legal referral.
Recent changes
The Court of Appeal allowed the State's appeal in 2025, reversing the 2018 declaration and restoring the provision with a reduced penalty; a further appeal has been pursued to the Privy Council.
Where to go
- Consulate of your country of nationality, for consular protection.
- Regional and international human rights organisations.
- Local lawyer, as soon as any proceedings begin.
Worth knowing
The legal position is genuinely unsettled pending the final appeal: descriptions written between 2018 and 2025 are out of date, and so will be this one if the Privy Council rules.
Frequently asked questions
So is same-sex conduct lawful or not?
The 2018 declaration was reversed on appeal in 2025, restoring the offence with a reduced penalty, and a further appeal has been pursued. Until that is decided the position is contested. Prosecutions for consensual adult conduct are not in practice brought.
Does the Marriage Act matter?
Yes. The 2017 amendments, passed to raise the minimum age of marriage, also defined marriage as between a man and a woman across the marriage statutes, which closes off recognition independently of the criminal question.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database