LGBTQ rights in Trinidad and Tobago

Lesbian, gay, bisexual, and transgender (LGBT) people in Trinidad and Tobago face legal challenges not experienced by non-LGBTQ residents.

In April 2018, the Trinidad and Tobago High Court declared the country's buggery law unconstitutional, as it infringed on the rights of LGBT citizens and criminalised consensual sexual acts between adults.

[2] 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.

[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.

Rampersad "repealed sections 13 and 16 of the Sexual Offenses Act" and ruled that the law violated the human rights to privacy and expression.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.

In July 2018, Justice Frank Seepersad of the San Fernando High Court approved an order to resolve a property dispute between two gay partners who had both a personal and a business relationship.

[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.

[37] A UNAIDS survey conducted in 2013 found that 38% of people in Trinidad and Tobago believed that discrimination based on sexual orientation is unacceptable, while 16% considered themselves either accepting or tolerant of homosexuals.

[38] In December 2012, Prime Minister Kamla Persad-Bissessar responded to a letter protesting the country's anti-gay laws by stating, With respect to the concerns raised in your letter regarding aspects of T&T's Sexual Offences Act and the Immigration Act which may target persons who identify as lesbian, gay, bisexual or transgender (LGBT), I wish to assure you that due consideration is being given to these issues by my Government.

I share your view that the stigmatisation of homosexuality in T&T is a matter which must be addressed on the grounds of human rights and dignity to which every individual is entitled under international law.

It is expected that once adopted, this policy will forge the way forward for T&T as my Government seeks to put an end to all discrimination based on gender or sexual orientation.

[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.

Recognition of same-sex unions in the Lesser Antilles and Puerto Rico
Same-sex marriage
Unregistered cohabitation
Island subject to IACHR ruling
No recognition of same-sex couples
Constitutional ban on same-sex marriage
Same-sex sexual activity illegal but penalties not enforced