A Landmark Judgment for Equality and Human Rights in the Caribbean
In a historic and unanimous decision, the Privy Council has ruled that the laws of Trinidad and Tobago can no longer criminalise private, consensual same-sex intimacy between adults. This landmark ruling represents a significant moment for equality, human dignity and constitutional rights in the Caribbean, and marks the first time the Privy Council has reached this conclusion under a Caribbean constitution.
Anna Hoffmann acted as part of the counsel team for the interveners, alongside Adam Goldenberg and Grace McDonell of McCarthy Tétrault, instructed by Enyo Law LLP (Lucinda Orr and Alex Jenkins).
The judgment recognizes the profound importance of personal relationships and individual autonomy. At paragraph 69, the Court affirmed: “The ability to form a deep connection with another person through an intimate and loving relationship is a vital interest for all human beings.”
The Court also considered important questions of constitutional interpretation, the proper scope of exceptions to fundamental rights, and the relationship between individual rights and wider community interests (paragraphs 44–46, 61 and 75).
The judgment turned largely on the construction of “saved law” under the Constitution of Trinidad and Tobago but also engaged with the wider arguments advanced on behalf of the interveners, including the harm caused by criminalisation even in the absence of prosecutions, comparative constitutional jurisprudence and the broader regional movement towards decriminalization.
The interveners were Colours Caribbean, The Silver Lining Foundation, OUTBermuda, United Belize Advocacy Movement and ILGA_NAC, and support from Leonardo Raznovich, the LGBTQ+ Advocacy Clinic at Harvard Law School and Oxford Pro Bono Publico.
Further legal analysis, including the implications for decriminalisation and other post-colonial constitutions, will follow shortly.
