LGBT rights in Trinidad and Tobago

The Trinidad and Tobago Government had not targeted homosexuals under the "buggery" or "serious indecency" laws; however, in limited historical cases, individuals had been charged and convicted of these offences when coupled with other serious crimes.[3][4][5]

On 21 February 2017, Trinidad-born LGBT activist Jason Jones filed a case before the High Court of Trinidad and Tobago seeking to have both Section 13 and Section 16 declared null and void.[6][7] A hearing on the case took place on 30 January 2018.[8][9] Prior to the judgment being delivered, evangelical groups urged the High Court to keep the buggery law intact, calling same-sex marriage "a cancer" and claiming that "God would visit his wrath upon Trinidad and Tobago and it would lead to more natural disasters and destruction."[10] They argued that if LGBT people were not criminals anymore, then this would violate their religious beliefs.[11]

The judgement was delivered by Justice Devindra Rampersad on 12 April 2018. Rampersad "repealed sections 13 and 16 of the Sexual Offenses Act" and ruled that the law violated the human rights to privacy and expression.[12][13] He declared these two sections "unconstitutional, illegal, null, void, invalid and of no effect" and compared prejudices against gays to those against Blacks during apartheid and those against Jews during the Holocaust.[14][15] LGBT activists outside the courthouse cheered when the decision was announced.[11] Later in the day, some LGBT supporters were physically attacked and beaten by anti-gay protesters.[16]

The ruling could serve as a precedent for other Caribbean island nations, including, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia and Saint Vincent and the Grenadines to decriminalise homosexuality.[15] LGBT activists in these countries also celebrated the ruling.[17]

A final judgment on how to deal with the now unconstitutional sections 13 and 16 was scheduled for July, but was later moved to 20 September.[18] At which time, it would be decided if they ought to be modified to remove parts pertaining to consenting adults or if they should be struck down in their entirety. Costs would also be decided.[19][20][21] On 20 September, Rampersad modified the two sections and introduced the concept of consent. Section 12 now reads: In this section "buggery" means sexual intercourse without consent per anum by a male person with a male person or by a male person with a female person, and Section 16 reads: A person who commits an act of serious indecency on or towards another is liable on conviction to imprisonment for five years... does not apply to an act of serious indecency committed in private between (a) a husband and his wife; (b) persons, each of whom is sixteen years of age or more, both of whom consent to the commission of the act... Rampersad also refused to give the state a 45-day stay to appeal.[22]

Nevertheless, the Government of Trinidad and Tobago has announced its intention to appeal the ruling to the Privy Council, based in London.[23] Attorney General Faris Al-Rawi said that "If you leave this matter simply at a High Court judgment level, you may run the risk of another High Court judge with a contradictory point of view. The government's role therefore is important in appeal so that the law ought to be settled." The state's appeal is set to be heard in the second half of 2019, with Appellate Judge Gregory Smith giving the Office of the Attorney General until May to file the record of appeal for the case. The Privy Council, however, could take three to four years to make a decision.[24][25]

The law forbidding immigration is not known to have been enforced.

In 2007, a highly vocal campaign opposed British musician Elton John's entry into the country. This was led by the local Anglican Church, in particular Archdeacon Philip Isaac.[29] The Parliament of Trinidad and Tobago rejected the call to bar Elton John from entry, and the concert went ahead as planned in May 2007.[30]

A challenge by Jamaican activist Maurice Tomlinson was filed in 2013 to the immigration ban in both Trinidad and Tobago and Belize. Tomlinson asked Jamaica, his home country, to insist that the travel bans of these countries be removed based on CARICOM provisions for free movement of citizens of member countries. Jamaica refused, and Tomlinson petitioned the Caribbean Court of Justice asking leave to file the case with them directly.[31] In May 2014, Tomlinson was granted leave to challenge the immigration laws of both countries.[32] In October 2014, CARICOM joined the case as an interested party supporting Tomlinson's arguments.[33] On 18 March 2015, the challenge was heard with allegations that the immigration bans abridge the rights of free movement for Caribbean citizens contained in the Treaty of Chaguaramas.[34][35] On 10 June 2016, the CCJ ruled that neither Trinidad and Tobago nor Belize had violated Tomlinson's freedom of movement, dismissing his case. As clarification, the judgment noted that neither state can ban homosexuals from CARICOM countries from entering their countries due to their treaty obligations, "notwithstanding their laws that ban the entry of gays".[36]

There are a few LGBT organisations in Trinidad and Tobago. The Coalition Advocating for Inclusion of Sexual Orientation (CAISO) was founded in 2009 due to a study carried out earlier in 2009 by the University of the West Indies for the Ministry of Social Developments which concluded that four of every five Trinbagonians believed in denying someone rights or equality based on one's sexual orientation. CAISO seeks to encourage public discussion on sexuality issues and include sexual orientation in legislative protections from discrimination.[41]

Other LGBT groups include I Am ONE Trinidad and Tobago, which seeks to address the needs of gender and sexual minorities by building community and providing safe spaces, education and expressive platforms for empowerment, the Silver Lining Foundation, which seeks to end bullying against LGBT youth and the Trinidad & Tobago's FreePride Foundation Project, which advocates for equality, human rights and well-being towards the marginalized non-heterosexual community. Trinidad and Tobago Transgender Coalition advocates on the behalf of transgender people.

Trinidad and Tobago organised its first pride parade on 27 July 2018 at the Nelson Mandela Park in Port of Spain.[42] Expressing his opinion on the march, Roman Catholic Archbishop Rev. Jason Gordon said: "TT is a democracy and as such members of society have a right to protest whenever they believe their rights are not being upheld or violated. (The) LGBT+ community has several areas where there is legitimate concern and these have to be taken seriously by the country and by the government and people of TT."[43]