The Trinidad-based Caribbean Court of Justice (CCJ) Monday said no date has been set for its ruling in a case challenging the constitutionality of a law that criminalises wearing attire of a different gender in public for an “improper purpose” in Guyana.
Over the last weekend, the Society Against Sexual Orientation Discrimination (SASOD) said it was eagerly awaiting the ruling of the CCJ, which is the country’s highest court, in the McEwan and others v Attorney General of Guyana case case on Tuesday.
But in a tweet on its official Twitter account, the CCJ said that it had taken note “that there is some miscommunication regarding the McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud versus the Attorney General of Guyana matter” and that “the date for the judgment is not yet set.”
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.
SASOD said that together with the Guyana Trans United (GTU), it will hold a news conference on Friday to discuss the ruling.
