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Privy Council Holds Trinidad & Tobago's Trinity Cross Unconstitutional

By Howard M. Friedman

Great Britain's Privy Council Judicial Committee hears appeals of certain cases decided by Trinidad and Tobago's Court of Appeal. (Background.) In Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc. v. The Attorney General of Trinidad and Tobago, (Privy Council, April 28, 2009) [Word doc), the Privy Council held that Trinidad and Tobago's Trinity Cross of the Order of Trinity, the country's highest award for meritorious service or gallantry, is unconstitutional under Trinidad and Tobago's Constitution as "an infringement of the rights and freedoms of members of the Hindu and Muslim communities in Trinidad and Tobago."

The decision reverses a 2007 judgement of the Trinidad and Tobago Court of Appeal holding that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. (See prior posting.) The Privy Council concluded that the Letters Patent issued by the Crown is not the type of enactment or law that is protected against scrutiny under Trinidad and Tobago's Constitution. However the Privy Council also held that its judgment does not retroactively invalidate past awards of the Trinity Cross. Lord Mance issued a concurring judgment offering an alternative rationale for finding the award unconstitutional.

The Privy Council agreed to decide the case even though in 2008 Trinidad and Tobago changed the name of the award to The Order of the Republic of Trinidad and Tobago, changed the name of Order of the Trinity to The Distinguished Society of Trinidad and Tobago, and replaced the Cross with a Medal. Friday's London Times reported on the Privy Council decision.

Full post as published by Religion Clause on May 11, 2009 (boomark / email).