CJ ruling on cross-dressing ‘dubious’, to be appealed

Ian Chang

The ruling by acting Chief Justice Ian Chang that the law against cross-dressing does not discriminate against any gender has been labelled as “dubious” by several groups advocating for gay rights who have indicated an intention to appeal.

On Friday, Justice Chang delivered his judgment in the case of Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and the Society Against Sexual Orientation Discrimination (SASOD)   vs. the Attorney General of Guyana and ruled that the law against cross-dressing does not discriminate against any gender. He also ruled that both men and women are free to cross-dress in public as long as the reason for doing so is not an improper purpose. What constitutes an “improper purpose” is now being questioned following the decision.

Through a Notice of Motion, McEwan, Clarke, Fraser, Persaud and SASOD had asked for declarations that the cross-dressing offence banned under Section 153 (1) (XLVII) contravenes the prohibition of discrimination and the guarantees of equality and freedom of expression, under Articles 149 and 146 of the Constitution.  In his decision, Justice Chang denied almost all of the