The Trinidad-based Caribbean Court of Justice (CCJ) is set to rule Tuesday in the case challenging the constitutionality of a law that criminalises wearing attire of a different gender in public for an “improper purpose” in Guyana.
The CCJ said its ruling will be handed down at 10 a.m. (local time) in the Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud versus the Attorney General of Guyana matter.
In 2009, several trans women were arrested and convicted under the 1893 Summary Jurisdiction (Offences) Act of the offence of being a “man” appearing in “female attire” in public for an “improper purpose.” They spent three nights in police detention in Georgetown after their arrest for the minor crime.
One year later, McEwan, Clarke, Fraser, Persaud and the SASOD brought an action challenging the constitutionality of the law and the treatment of the appellants during the legal process.
The High Court of Guyana held that cross-dressing in and of itself is not a crime, but disagreed that the law was discriminatory or disproportionately impacted trans and gender non-conforming persons.
The matter was appealed to the Guyana Court of Appeal, and finally to the CCJ.
In June this year, the CCJ reserved its judgement after hearing arguments on both sides.
