The Equal Opportunity Commission (EOC) and religious group— the Sanatan Dharma Maha Sabha— have been given permission to provide their opinions on a lawsuit brought by Trinidad-born gay rights activist challenging this country’s homophobic laws.
The two organisations were granted permission to file written submissions in the case brought by Jason Jones, when the case came up for hearing before Justice Devindra Rampersad in the Port-of-Spain High Court yesterday morning.
The Council of Evangelical Churches made a similar application yesterday, however its lawyers informed the court that their client was reconsidering their position on the application and would inform the court of its decision by the next hearing on July 25.
The T&T Guardian understands that the religious groups are contending that Jones’ claim offends the tenants of their respective religions and would impact negatively on the country’s morality, if he is successful.
The commission is a State run organisation mandated to work towards the elimination of discrimination and the promotion of equality of opportunity for citizens.
In the lawsuit, Jones is challenging Sections 13 and 16 of the Sexual Offences Act, which criminalises buggery and serious indecency even between consenting adults.
Jones is also claiming that the long-standing legislation contravenes his constitutional rights to privacy and freedom of thought and expression in addition to being in direct contradiction to this country’s international human rights obligation.
His lawyers are also contending that the legislation opens his client to public prejudice and ridicule as it labels him and other homosexuals as criminals.
Jones’ lawyers are seeking to side step the “saving clause” feature of the Constitution which precludes a court from striking down and reviewing legislation which were in existence when the Constitution was drafted and that have been marginally changed since.
They claim that the controversial legislation amended in 1986 and 2000 repealed and replaced pre-Independence sexual offences legislation, covered by the savings clause, and thus is open to review.
Jones’ lawsuit is one of several landmark cases filed by Caribbean LGBT activists challenging regional homophobic laws.
Last year, Jamaican Maurice Tomlinson challenged T&T and Belize’s immigration laws which allow for refusal of entry to regional homosexuals visitors. While the Caribbean Court of Justice (CCJ) dismissed his case, both Governments admitted that the laws were not enforced.
In August, last year, Belize’s Supreme Court struck down that country’s sodomy laws, after a case similar to Jones’ was filed by a local activist.
Jones is being represented by Richard Drabble, QC, Rishi Dass and Antonio Emmanuel, while Fyard Hosein, SC, is leading the State’s legal team.