Uploaded by (Student) Shaqueena Cuffy

Argumentative essay

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Guyanese Society is, at its core,
Homophobic.
Shaqueena Cuffy, 18th January 2023
Department of Law, Faculty of Social Sciences,
University of Guyana
According to the Cambridge Dictionary (n.d.), the term homophobic “is coming from or having a
fear or dislike of gay people or queer people”. The Guyanese society is a pluralistic society
where different ethnicities thrive. Among these various ethnicities, queer people and persons of
the LGBTQ community find ways to express and find their sexual orientations. This community
has been growing immensely throughout the world. Many jurisdictions uphold the law that
criminalizes activities done by them and any relations while they have been recognized by some
laws in specific jurisdictions and societies. However, these people still face discrimination and
are stigmatized in the media and many societies. (United Nations Human Rights n.d.). Gender is
examined as a social creation that describes a person’s internal conception of themselves as a
male, female, or agender. Moreover, sexuality is fluid as it is based on attraction and can
encompass a wide range of sexual orientations. (Amnesty International n.d.). Conventional
thinkers subscribe to the myopic views of a person’s sexual orientation, that males can only be
attracted to females and vice versa, thus they do not accept or like the idea of the various
sexualities of the LGBTQ community. These people are against homosexuals and are labelled as
homophobic. Homophobes discriminate against homosexuals by using violence and bullying
them etc. “A spate of violence against trans people has claimed the lives of at least 369
individuals between October 2017 and September 2018” (Amnesty International n.d.). The
reality of people being discriminated against because of their sexual orientation is repugnant.
Thus, the essay intends to support the stance that Guyanese society is, at its core, homophobic.
The intention is to highlight that there is still a lot more to be done as a society that aims to
eliminate homophobia.
“Guyana is the only country in South America, and the only country in the Americas outside the
Caribbean, where homosexual acts are still illegal”.
(Newsroom 2021). These laws can be found in the criminal offences act of Guyana available to
any citizen. According to the Criminal law (offences) act 1893 sections 352, 353 and 354,
highlight the liability for buggery, which is intercourse performed by gay men and male gross
indecency. Section 354 states “anyone who commits ‘buggery’ is liable to life imprisonment”.
These laws have been enacted during colonialization by the British colony and are still carried
out and enforced in Guyanese society today. Guyana has been an independent country since
1966 when they were no longer under the rule of Britain. Nevertheless, the government of
Guyana took limited actions to make amendments to these repugnant and narrow laws that
portray Guyana as a homophobic society. The fact that the laws are still in our contemporary
society and our modern constitution solidifies this stance. Although there have been various calls
and protests to abolish these laws, this does not fix the issue when no or limited physical actions
occur. Evidentially the law at its core is plagued by homophobic and oppressive legislation but
there are no laws protecting the rights of these people.
The Quincy Ewans case was the landmark case against cross-dressing in Guyana. The judgement
of this case made a big impact on the LGBTQ community as it brought forward changes in the
legislation that prohibits cross-dressing in society. The previous legislation highlighted prejudice
against homosexuals who express themselves through the clothes they wore, under section
153(1) (XLV11) of the summary Jurisdiction (Offences) Act, chapter 8:02 prohibits males from
wearing female attire. The CCJ’s judgment conformed with the rights of an individual and thus
the law was unconstitutional. Even though this was a major step forward, it still emphasizes that
the Guyanese law is homophobic because this law was modified solely off the CCJ’s judgement.
It was not seen as an issue before in Guyana as these laws were still being enforced. Evidently,
during the course of the case trial in the magistrate court, that resides in Guyana. Some
derogatory statements made by the Chief Magistrate were prejudicial to the sexual expression of
gay men. The Chief Magistrate stated that the applicants should pursue Christianity and present
themselves in church. This affiliation with religion and homosexuality is a clear bias which
displays a homophobic mentality.
Additionally, if we would take a look at the more social outlook, we may see discrimination in
schools and other social settings. This social institution targets the stance of its core at hand since
the school is a prime institution in which most or even all Guyanese citizens attended.
Generally, there is a lot of bullying and name-calling in the school environment which should be
eradicated. However, school bullying has taken a more homophobic standpoint especially when
the authorities show minimal effort to curtail the issue because they share the same biases. The
tragic incident that took place at St John’s College. According to guyanagy (2022), headlined
“Gay Students of the St. John’s College Decries Bullying and, Victimization”. The article
discusses a student being bullied at school based on his preferred sexual orientation. The student
acted on the issue by trying the raise awareness on the media, he spoke out about how difficult it
was in his school environment. In addition, he delves into the responses he got from the teachers
and the principal that paid him little to no attention. As students, the school should be a learning
environment, perhaps the most effective way to address the issue of homophobia would be for
children of a young age. By anecdotal evidence, children are a reflection of society as they grow,
and they adapt to the ideologies of their families. These core ideologies from the family setting
are what is being displayed in school by the nation’s children.
Police harassment is another common social issue faced by the community, The laws against
homosexuals pave the way for greater social discrimination and harassment. Joel Simpson who is
the director of the Society Against Sexual Orientation Discrimination (SASOD) spoke out in an
article to Newsroom, about the police harassment and hate crimes homosexuals face. The states
that many cases go unreported where police threaten to take same-sex couples into custody to
receive bribes. Even though some reports are made, some are in fear of being further
discriminated against and embarrassed at the stations (Khatoon 2019). According to Simpson,
the use of sections 352, and 353 of the Criminal Law (Offences) Act, are laws used to make
these people feel inferior towards the police and the citizens feel more encouraged to
discriminate (Khatoon 2019). The justice system is put in place for the protection of the citizens
in any given jurisdiction. If the system itself at its core is rigged with homophobia thus, the same
will be displayed by the members appointed.
Religion is also used to suppress the community, as Christianity is non-conforming to the belief
various of sexual orientations. By the State Department (as cited in the national census 2012),
64% of Guyana’s population practices Christianity. Although it has not been confirmed that they
are all homophobic we can still see Christians being prejudiced towards homosexuals. The case
of Quincy Mc Ewan in the Magistrate’s court is one of the most striking examples, where the
Chief justice insisted that the homosexual men that were cross-dressing “go to church and give
their lives to Christ”(McEwan, 2018). Another incident was when the LGBT ‘pride’ parade was
in progress. In the article by iNews Guyana (2018), the Georgetown Ministers’ Fellowship
members requested that the government use their authority to intervene in this parade as they
found it to be immoral and thus are not in acceptance. Even the core religious practices in
Guyana from the British colonial era have homophobic tendencies.
Perhaps the most vital contribution to my argument would be a speech in the National Assembly,
that critically support my stance and recapitulate my main points. According to Mrs Lawrence
(2012), the laws of Guyana were against homosexuals, s 352, 353 and further were brought to
the attention of the United Nations Human Rights. They proposed a motion with reports included
by a few European states for Guyana to decriminalize their homophobic laws. In her speech,
Minister Volda Lawrence emphasised that “changes to laws require widespread consultations
and a major change in attitude on the part of the populace”. The statement points out that the
majority of the Guyanese population would need to require a change in their attitude towards the
LGBT community. She further proceeds to highlight the proportion of Christians and Muslims in
society compared to the LGBT community. These two religions do not subscribe to the practices
of the gay community and with Christianity being such a dominant religion in society, Mrs
Lawrence strongly agrees with pleasing the majority. She also touched on the psychological
perspective where some of the members of society believe homosexuality to be a mental disorder
that can be cured medically. All the more reasons why she proposed that decriminalizing the said
laws would cause widespread uproar in Guyana, distinctively showing Homophobia at its core in
the society (Lawrence, 2012).
In conclusion, Guyanese society is at its core homophobic. It is evident in the legal and social
aspects. It is seen in schools, religion and even in public. Even the Ministries in our very own
country can assent to the society being homophobic. No laws are in place to protect this
community from the societal discrimination they face. It is inevitable that for Guyana to conform
to the rights of the LGBT community there must be a major improvement in their attitude toward
homosexuality.
Reference
Amnesty International (n.d.) LGBTI RIGHTS
https://www.amnesty.org/en/what-we-do/discrimination/lgbtirights/?utm_source=google&utm_medium=cpc&gclid=CjwKCAiA2fmdBhBpEiwA4Cc
HzetE6Yr8PEkFNgZRopBK2Oox5HuBPqFJ4UzDPLy_4TzpmlwQrxb2BoCzS0QAvD_
BwE
Cambridge Dictionary, Homophobic
https://dictionary.cambridge.org/dictionary/english/homophobic
Christian Fellowship against LGBT ‘pride’ parade, calls for Govt intervention. (2018, June 1).
iNews Guyana https://www.inewsguyana.com/christian-fellowship-against-lgbt-prideparade-calls-for-govt-intervention/
Criminal Law (Offences) Act 1894 s 352, 353, 354
Guyanagy, (2022, September 10). Gay Student of St. John's College Decries Bullying and
Victimization. GSA News. https://guyanasouthamerica.gy/news/2022/09/10/gay-studentof-st-johns-college-decry-bullying-and-victimization/
Khatoon, B. (2019, May 16) Police uses discriminatory laws to extort LGBT persons- SASOD.
NewsRoom https://newsroom.gy/2019/05/16/police-uses-discriminatory-laws-to-extortlgbt-persons-sasod/
Quincy Mc Ewan and others v AG [2018]. AJ 30 (CCJ)
Summary Jurisdictions (Offences) Act1 1894 s 153(1)( xlvii)
United Nations Human Rights (n.d.) About LGBTI people and human rights. OHCHR.
https://www.ohchr.org/en/sexual-orientation-and-gender-identity/about-lgbti-people-andhuman-rights
Lawrence, V. (2012, August 9) Offences against Morality. Parliament. gov
https://www.parliament.gov.gy/media-centre/speeches/offences-against-morality/
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