Members of the Lesbian, Gay, Bisexual and Transgender (LGBT) community and supporters took to the streets outside the Georgetown Magistrates’ Courts yesterday to protest a magistrate’s decision to bar transgender persons from cross-dressing in his courtroom.
Magistrate Dylon Bess is being accused of discrimination by members of the LGBT community and advocacy group Guyana Trans United (GTU) after he barred one of its members from entering his court while she was dressed in women’s clothing.
“Twinkle,” the transgender woman, claims that she is a litigant in a matter before Magistrate Bess but yesterday was the third day that it was not heard in the court.
In the case, “Twinkle” alleges that she was attacked in a minibus by a man who hit her with a beer bottle. She claims that she went to a police outpost to report the matter but was further attacked by the individual and in an act of self-defence injured her attacker. The matter was then reported to the Brickdam Police Station.
“Every time I come to court, he [Magistrate Bess] puts me out of the court,” she stated. “Chief Magistrate never discriminate against me on the grounds of my sexual orientation/identity. She’s a gem because she has never put me out of her court [and] always listens to us properly, she added, while declaring that she did not believe her case should be tried by this magistrate, whom she thinks is discriminating against her.
Other magistrates have not prohibited litigants from appearing in court due to cross-dressing.
In support of yesterday’s peaceful protest was human rights activist Karen de Souza, of non-governmental organisation Red Thread, who charged that the magistrate is using his own transphobia to bar the defendant from the court.
“I’m supporting the GTU picket because I think the magistrate is out of order and misguided in his interpretation of the law,” she stated.
In 2013, then acting Chief Justice Ian Chang, addressing the law against cross-dressing, ruled that both men and women are free to cross-dress in public as long as the reason for doing so is not improper.
meaning of “improper,” however, was questioned subsequent to his ruling and is still engaging the attention of the court.
de Souza stated that the magistrate is using his power on the bench to stretch the meaning of “improper.”
Co-chairperson of the Society Against Sexual Orientation Discrimination (SASOD) Joel Simpson said that he was present at the court session when the magistrate requested that counsel appear on behalf of Twinkle. He stated that although counsel appeared yesterday for the matter to be heard they were not given the opportunity to do so.
He further stated that the magistrate’s decision is clearly a personal one and biased, while adding that the situation in and of itself is and unfortunate one.
“Magistrate Bess did not facilitate the case being heard in his court even though the individual was dressed in an appropriate manner,” Simpson stated.
He added that the decision made will be challenged.
