National

In July 2003, Guyana's parliament shelved a constitutional amendment that would have outlawed discrimination against gays and lesbians, sending the measure to a constitutional review committee for further discussion, which can hear public testimony [R1.1].

The constitutional amendment would require approval from two-thirds of the 65 members in the National Assembly, though both the opposition and governing parties have said most of their members will block its passage [R1.1].

Two years ago, legislators passed the bill unanimously. But it was vetoed by President Bharrat Jagdeo.

Courts & Tribunals

On 19 February 2010, six male-to-female transgender individuals who were detained last year filed a motion calling on Guyana's supreme court to strike down laws against homosexuality and "cross-dressing" [C1.1], [R1.1].

National

Under the Criminal Law (Offences) Act consensual sex between male same-sex couples is unlawful [R1.1].

Section 352 - Committing acts of gross indecency with male person

"Any male person, who in public or private, commits, or is a party to the commission, or procures or attempts to procure the commission, by any male person, of an act of gross indecency with any other male person shall be guilty of misdemeanour and liable to imprisonment for two years."

Section 353 - Attempt to commit unnatural offences

"Everyone who -
(a) attempts to commit buggery; or
(b) assaults any person with the intention to commit buggery; or
(c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for ten years."

Section 354 - Buggery

"Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and be liable to imprisonment for life" [R1.1].