Dear Editor,
The Caribbean Court of Justice has ruled that Section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, which criminalizes a man, or a woman attired in clothing of the opposite gender, is unconstitutional. Thus, Section 153(1)(xlvii) contradicts fundamental human rights enshrined in the Constitution of Guyana.
The ruling is a momentous one, not just for Guyana but also for the Caribbean region. I wish to extend sincere congratulations to SASOD Guyana, the Guyana Trans-United, and their legal team on achieving a major human rights victory. Their representatives did a fantastic job at providing a well-reasoned critical defence against a law that endorses state-sanctioned discrimination. And of course, congratulations to the affected and courageous citizens of Guyana – Quincy Mc Ewan, Seon Clarke, Joseph Fraser, Seyon Persaud. Sound justice was served.
But it is not over. The push-back will follow. Religious zealots, particularly those of the fundamentalist sort, are going to find ways to regress the progress made in enshrining and protecting human rights in Guyana. For this reason, among many reasons, Guyana must embrace secularism—the ideological principle of separating religious authority and belief from matters of public policy and state affairs. It creates a vital boundary between religion and governance.
The Honourable Justice Adrian Saunders, President of the CCJ, made it clear that, I quote, “Secularism is (a) cornerstone upon which the Republic of Guyana rests.” Guyana is a multi-ethnic, multi-religious, and multi-belief society. No ‘one’ group gets the privilege to infringe on others’ rights and freedoms through public policy or in the courts.
The CCJ ruling should be welcomed by every Guyanese. We should be proud citizens of a truly dynamically diverse and progressive society.
Yours faithfully,
Ferlin Pedro
