The legal framework
A High Court ruling in 2018 declared the buggery and serious indecency provisions unconstitutional. In March 2025 the Court of Appeal allowed the State's appeal by a majority, holding that the provisions were saved as pre-existing colonial law even while accepting that they were disproportionate, and the maximum penalty was reduced. A further appeal to the Privy Council has been pursued, so the position should be checked rather than assumed.
The High Court declared the buggery provisions unconstitutional in 2018 in a widely reported judgment, but the State appealed, and in 2025 the Court of Appeal allowed the appeal and restored the provision, relying on the constitutional savings clause for pre-independence laws, while reducing the penalty. A further appeal to the Judicial Committee of the Privy Council has been pursued, so the position remains unsettled.
Key points
| 2018 ruling | The High Court declared the provisions unconstitutional |
|---|---|
| 2025 appeal | The Court of Appeal reinstated them on the basis of the constitutional savings clause |
| Penalty | Reduced by the Court of Appeal from the previous maximum |
| Further appeal | Pursued to the Privy Council; the position is not settled |
| Prosecutions | Rare against consenting adults |
| Discrimination | The equal opportunity legislation does not cover sexual orientation |
| Health care | Accessible; public testing is free |
In practice
- Because the legal position is in flux, check the current state of the litigation before relying on any summary.
- Public health and testing services are free and do not require disclosure.
- Community organisations provide counselling and legal information.
- Employment protection does not extend to sexual orientation: company policies may go further.
Cost and coverage
Public health services are free; legal aid is available subject to means.
Recent changes
The Court of Appeal allowed the State's appeal in 2025, reversing the 2018 declaration of unconstitutionality and restoring the provision with a reduced penalty; a further appeal to the Privy Council has been pursued.
Where to go
- Community organisations providing advice and support.
- Public health and testing services.
- Legal aid and human rights organisations.
Worth knowing
The constitutional savings clause, which shields inherited colonial law from constitutional challenge, is the crux of the case and affects several other Caribbean jurisdictions in the same way.
Frequently asked questions
So is same-sex conduct lawful in Trinidad and Tobago?
The 2018 High Court declaration was reversed on appeal in 2025, which restored the offence, with a reduced penalty, and a further appeal to the Privy Council has been pursued. Until that is decided the legal position is contested. Prosecutions for consensual adult conduct are not in practice brought.
What practical precautions make sense?
Assume that anything written down can be read: dating profiles, messages, photographs, cloud backups. Meet new people in public, tell someone where you are going, and be cautious with anyone who moves quickly to demands for photographs or money — blackmail using images is the most common harm reported. Know which organisation you would contact before you need it, and keep the number somewhere other than your phone.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database