Cross-Dressing Appeal Case for Judgment in 2017

The case McEwan, Clarke, Fraser, Persaud and SASOD versus Attorney General of Guyana was heard on Friday, November 18, 2016 before Guyana’s Court of Appeal. The hearing was presided over by Chancellor of the Judiciary Carl Singh, Chief Justice Yonette Cummings-Edwards and Justice Brassington Reynolds. 

Gulliver McEwan, the first-named appellant, other representatives of the Guyana Trans United (GTU) and the Society Against Sexual Orientation Discrimination (SASOD) were also present at the hearing.

The Chancellor noted that the Court had received extensive submissions from both the appellants and the state, which did not require rehashing orally. However, Dr Bulkan, counsel for the appellants, noted that there were two issues in the state’s submissions that were raised for the first time and to which he would like to respond. He was permitted to address these issues, but after doing so the Court indicated that these new submissions should be recorded in writing, and both parties were given four weeks to present their further written submissions to the court.

The Court questioned counsel for the appellants on their contention that the law was uncertain, asking whether it was not possible for a Magistrate to define the term ‘improper purposes’ on a case by case basis by reference to its dictionary meaning. Dr Bulkan responded that permitting this would offend the requirement of the rule of law, since penal statutes had to be defined with sufficient clarity to give citizens prospective notice of how to conduct themselves. 

He pointed out that even if a person was eventually acquitted by a Magistrate, the fact of being charged and subjected to the state’s coercive powers would have already resulted in violations of their fundamental rights. He added that the term ‘improper purpose’ had no boundaries whatever, and thus gave police unfettered discretion in enforcing the law.

University of the West Indies' Faculties of Laws Rights Advocacy Project (U-RAP) co-coordinator, Dr. Arif Bulkan, and Litigation Specialist, Westmin James, in discussion after the Court of Appeal hearing with Managing Director, Joel Simpson, and Advocacy and Communications Officer, Schemel Patrick.

In his response, Counsel for the state, Kamal Ramkarran, insisted that since the appellants had pleaded guilty before the Magistrate, they were barred from bringing this constitutional action. He added that the case was hypothetical and academic and should be thrown out. Mr Ramkarran further stated that in order to bring a constitutional claim a person had to allege a past, present or future breach of their rights, whereas the appellants provided no evidence that they were likely to be charged in the future. Ramkarran stated that there are far more serious crimes deserving of a constitutional challenge, “like the buggery law”. 

He pointed out that a conviction for cross-dressing is punishable by only $15,000, whereas a conviction for buggery carries life imprisonment. He concluded by saying that to charge the police would have to peep in someone's room to see them committing the act, at which point the court indicated that it was obliged to consider the case before it

This case was initially filed in February 2010, following the widely reported arrests and convictions of seven trans persons for the 1893 summary offence of ‘being a man’ and wearing ‘female’ attire in a public way or public place, for an improper purpose.’ Four of the convicted persons filed this action, along with SASOD, after approaching the Faculty of Law UWI Rights Advocacy Project (U-RAP) for legal advice. Thereafter, with the assistance of U-RAP and local counsel, a constitutional challenge to the cross-dressing law was filed.

Even since the case was filed in February 2010, transgender persons are overpoliced, underprotected and have suffered physically and mentally because of the vagueness of the cross-dressing law in Guyana. The McEwan case argues that the archaic cross-dressing law, found in section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act 1893, is inconsistent with the Constitution of Guyana. It also argues that the conduct of the Chief Magistrate, who told the individual appellants that they were confused about their sexuality and should follow the teachings of Jesus Christ, was also not consistent with the Guyana Constitution.

The legal team for the appellants included Mr. Nigel Hughes, Dr. Arif Bulkan, and Mr. Gino Persaud.

The Court of Appeal is expected to set a date for judgement in early 2017 after both sides have presented their further written submissions.

Transgender in Jamaica radio show highlight

Last evening on the progressive radio station Nationwide News Network, NNN Co-founder and friend of mine from Aphrodite’s P.R.I.D.E Jamaica, APJ appeared on the Love & Sex weekly show hosted by Dr Karen Carpenter. Satiba her pseudonym has made radio appearances before with the same host who is a board certified Clinical Sexologist and operates the possibly only professional clinic for assessment for transgender persons alongside other issues such as intersex matters, sexuality concerns and as far as erectile dysfunction.

The discussion overall was edifying and bearing by the quality of the calls in the call back section and the questions asked, some change in thinking seems eminent, given the resistance by way homophobia and the confusion if not conflation between gender identity and sexual orientation issues. The other guest on the show seems to display that quite nicely as the individual was not sure if they were transgender or not as while presenting as female they declared that they were not considering surgery to remove his penis or any re-assignment surgery as such. The longstanding issue of gay, bisexuals or gender neutral persons who present as androgynous also seem to label themselves as transgender without accessing or confirming same with a requisite professional. Some concern had been raised elsewhere but not on the show as I expected, on the lumping of other identities and sexual orientation as a way of reprieve from homophobia; as the heightened visibility given social media and such makes it seem attractive to some who self diagnose as transgender.

While the term transgender was explained by Dr Carpenter as an umbrella term to include persons who do elective surgery for cosmetic reasons without having any issues with gender identity, such as transsexuals for example or persons in the sex trade/porn industry (the old 80s she-male phenomenon in the US) some more emphasis should have been placed on addressing the conflation with homosexuality versus gender matters and advising persons what the differences are. Some effort was made at the near end of the two hour show to look at the difference in fairness to the guests and host but it was a little too late for me although the tail end of a radio show tends to be remembered by listeners than the beginning unless some memorable occurrence was in play at the top.

I was also expecting some emphasis on the re-assignment surgery bit as people need to understand that such procedures when it comes to genitalia cannot be simply reversed and one cannot ‘switch’ from one gender to another; the younger guest on the show seems to believe the aforementioned as they espoused they were interested in a butt lift, breast implants and other enhancements, all this while keeping a penis although they identify as a woman. Transgenderism is more about the mind of the individual and not necessarily the anatomical considerations as not all persons who feel they are ‘born in the wrong body’ can even qualify for re-assignment surgery.

The pre-surgery assessment that is usually conducted prior to ascertain the fitness and hormonal levels for so identified persons can also reveal much as to the continuation to full transition or not. There are persons identify as transgender but who cannot go all the way to surgery as their biology would not accommodate the full hormonal treatment/interventions, seeing that said treatment courses are for a lifetime so as not to reverse to the assigned gender and physiology of the party involved.

The mentioned assessment for children who display opposite gender traits by a requisite professional was commendable as Satiba drew on her own experience as she never had the family support in her transitioning journey. As highlighted on this blog and on sister blogs on Wordpress organizations such as JFLAG and others did not take these issues seriously in the early days although the coined term “Allsexual” appeared in their name. Satiba like so many others had to effectively fend for themselves; she sought out information on her own and after moving from doctor to doctor finally found one who was aware of the matters arising. Dr Carpenter mentioned the clinic at the University of the West Indies and asked interested persons to go via the Love & Sex Facebook page and on Twitter. I was expecting however some clarification on the gender non conforming behaviour in children and that that in and of itself is not a marker for someone to be deemed transgender.

Some 1500 persons are believed to be transgender living in Jamaica according to Satiba who referenced a research project that was conducted some years ago and documentary evidence supports. Overall it was a good show but given previous opportunities like this that still are too rare far more was delved into in a shorter air time and given this was a two hour show more should have come forth in my view. I hope Dr Carpenter will do a follow up sometime in the future. Thankfully the calls were civilised this time around as evidenced before terms such as ‘mad’ have been used by some to insult and belittle transgender folks who go public.

Finally the use of certain terms while commendable for those already in the know versus opening the knowledge base of those we want to win simply flew over the heads of the latter; terms such as transvestite, gender neutral (which was explained when a male caller asked for an explanation) and others were barely glossed at, I guess due to the myriad of advertisements and breaks that came during the two hour show (advertisers like the show I imagine) but the breaks sort of broken the flow of the discourse with recaps to (re)connect the audience. Maybe the structure of the show when discussing LGBT issues needs to be rehashed or tighten given the sensitivities involved.

Peace & tolerance

H

Jamaican Transgender Activist Turned Away From Bacchanal

I am so mad after seeing this article on the Gleaner's Entertainment page today, clear case of transphobic hate here as the leading public face for trans persons after decades of trans-invisibility now this, not to exclude the work done by Miss L Garcia and local allies. She (Tiana) recently also ended the Aprhrodite's P.R.I.D.E Jamaica Enterprise training session and recieved her certificate of participation/completion only last Sunday at the closing ceremony.

The Gleaner reported:

For several years, Tiana Miller has been a regular patron at Bacchanal. This year, she even attended the launch in January. But two Fridays ago, the avid soca fan told The Sunday Gleaner she was quite surprised and embarrassed when, for the first time, she was denied entry.

Miller is a fairly well-known transgender woman and human-rights activist. Last year, she appeared in the 'We Are Jamaicans' campaign, a landmark viral video spearheaded by the Jamaica Forum of Lesbians, All-Sexuals and Gays (J-FLAG).

"My friends and I went to the gate, and just as we were about to go in, a male security guard started gesturing at us. When we got closer to him he said that he did want any of us in there tonight. My friend asked him what he meant by that and he said 'no cross-dressers'," Miller stated.

Embarrassed and confused, Miller left the venue.

According to Dane Lewis, executive director at J-FLAG, "What has happened to Tiana is evidence of the very real exclusion and discrimination that many LGBT Jamaicans face. It's not just about violent homophobic responses to LGBT people, it's about homophobic responses overall," Lewis said.

'We are humans'

Though she has not ruled out returning to the event, Miller had strong words for the security officers and promoters of the event.

"You can't treat LGBT people like this. We are humans; please respect us. I go to Bacchanal to enjoy myself. I don't violate any rules. I behave like any other female patron would. I am a transgender woman. Don't treat me or any transgender person like this. You shouldn't deny people entry because you think they are not what you think is 'normal'," Miller, who is also trained to go into communities and organisations to talk to them about LGBT issues, told The Sunday Gleaner.

Lewis also expressed surprise at the incident happening at Bacchanal.

"I was quite surprised to learn about this incident because Bacchanal is known for being an inclusive space for LGBT Jamaicans. I hope the organisers will not only provide some clarity on this, but ensure that LGBT people are not excluded from the event," said Lewis.

Miller is certainly not the first transgender Jamaican to have experienced discrimination or hostility at an event in Jamaica, and Miller has had at least one similar incident at Bacchanal prior to this one, but she says it was dealt with very professionally by the organisers and the security personnel.

When contacted, Marcia McDonough, managing director of Touchstone Production, the public relations company in charge of Bacchanal, told The Sunday Gleaner she was unaware of the incident, but that it was unusual.

"I don't know anything about it, so I wouldn't be able to comment on it because I am not one of the organisers. Apart from persons who are underage, I am not aware of any rule barring anyone else," she said.

ENDS

Annually we have issues at Jamaica carnival but I was not expecting this as cross dressers or transwomen (mistaken as drag queens) are usually tolerated at certain spots in Kingston especially and there is the long held perception that the gay community used the occasions as a gay pride celebration of sorts. Tiana Miller is also slated to appear on All Angles shown on Television Jamaica as well.

Peace and tolerance

H

Jamaica Places third in Miss Gay Caribbean 2012 competition

Yes our representative this year in the Miss Gay Caribbean Detoxx Bústi-ae did us proud non the less and right in LGBT History Month at that as the show was held in New York recently in September, Miss Trinidad came in as first runner up while St Lucia won this year's competition which was hot from the get go. (see full video below)

Our girl was stunning!!!!!!! as shown below with shots courtesy of her Facebook page

This year we have been given a treat by the organizer as they have uploaded the full show for us overseas to see and judge for ourselves. I was not particularly pleased with some of the responses to our girl but overall we are there in the top three. Many persons said she was not "yard" enough and too American to bring off the local swag but she was ok for me and her fierceness was great in my view not to mention her makeup skills are awesome

Yeaaaahhhh

I was taken by her original interview and her bubbly personality as shown here:

Meanwhile here is a shot of the winner from St Lucia

Congrats to all the gurlz who entered. They really stepped up this year.

FIERCESS IS ALWAYS WELCOMED

Here is Miss St Lucia "December Snow" coverage in her home country:

Peace and tolerance

H

First Transgender Miss Gay Caribbean Queen passes

One of her last appearances in New York (pic owned by wemakenoiseent.com)

Jennifer Banks performing during the competition last year

Sorry for this late entry readers but the news just came to hand to me - Jennifer Banks, the reigning queen of the Miss Gay Caribbean USA pageant, died Saturday June 18th from liver and kidney failure.

She was 39.

The transgender Banks, a self-described "big girl" who loved to perform, saw herself as a role model, pageant coordinator Hemish Gervis said.

"She was really happy to have won the crown, and she wanted to use the opportunity to prove to other people that they can do what they want to do, regardless of their sexual orientation, or size," Gervis said.

Born in Puerto Rico, Banks' family moved to San Fernando, Trinidad, as a child. At 14, her family relocated to New York, settling in the Woodstock section of the Bronx.

She learned hairstyling at the Wilfred Academy cosmetology school in New York, and worked at salons on the upper East Side.

Her favorite place to perform was Escuelita, a gay club on 39th St. where she often took the stage lip-syncing to Rihanna in recent years.

Her mother, Sybil Browne, said Banks loved to joke around by doing voice impressions on the phone.

"She would disguise her voice, and I would say, 'Don't play with me!' And she would laugh, and she would laugh."

"She just loved to laugh and smile," she said.

Besides her mom, Banks is survived by her two brothers, Dave and Roger Browne. Her father, Byron Browne, died in 1992.

Read more:

The Viewing/Funeral Service for Jennifer Banks (the reigning Ms. Gay Caribbean USA) was held on Friday, 24th June at the Unity Funeral Chapel - 2352-54 8th Ave., New York, NY

GB NEWS carried a short statement from the Gay Pagaent organizers as well excerpted here:

(Brooklyn, NY) – The organizers of the Gay Caribbean USA Pageant wish to share with the entire community the untimely and sudden death of the reigning 2010 Ms. Gay Caribbean USA Queen, Jennifer Banks. She passed on Saturday, Jun 18, 2011.

While details are still emerging about the exact circumstances surrounding her death, information available suggest that she died from medical complications to a sudden illness at a hospital in the Bronx.

Ms. Banks, who represented Trinidad and Tobago at the pageant, successfully won the crown in a field of six contestants.

“Jennifer Banks was one of the most dedicated contestants ever to participate in the pageant. She will be remembered for her commitment to the goals and objectives of
what the pageant is about,” said Hemish Gervis, pageant coordinator.
With her passing, the organizers plan to include a special tribute in her honor at this year’s pageant in September.

Read here: to see the original pics from the competition in NY September 2010

Since this year we have been losing many important persons both locally and abroad as the universe changes and the master responds, May her soul rest in peace.

Peace and tolerance

H

Transgender Trinidadian is the New Gay Caribbean USA Queen for 2010

Trinidad and Tobago’s Jennifer Banks winner for 2010

Victoria of Guyana placed second here she is in swimwear

St. Lucia’s Lady Blu performs in evening wear

Brooklyn, New York, Weds. Sept. 29, 2010:

Trinidad and Tobago’s Jennifer Banks proved that Big Girls can do it to by winning the crown at the 2010 Gay Caribbean USA Pageant.

She is transgender and the first full figured contestant to win the pageant.

Victoria of Guyana who stunned the audience with a Stand Up Comedy piece came in second.

St. Lucia’s Lady Blu placed third, followed by Ven Detta St. Mykeal of Barbados.

(first to third place photos above)

All the contestants are crowned winners for their display of courage and determination by being part of the pageant.

Heat Wave Productions who organizes the event, wishes to thank the general public, the media, cooperate sponsors and the NYPD for their support.

Miss Jamaica Lyana Grey seen here in swim wear did not place this year

Bad men seem to love women's wigs (Observer opinion piece)

Dudus photo after he was captured not included in the original 

Chris Burns

This is no laughing matter. However, sometimes we have to "tek bad tings mek laugh". On seeing a strikingly close counterfeit of Christopher "Dudus" Coke on the front pages of this newspaper, queerly decked out in a fluffy black wig and sporting a queenish pair of spectacles; a friend exclaimed: "But wait, nuh Sista Mullings dis. Is weh she a do inna de Observer?" I stopped her in her tracks and replied; "Well, this is not a picture of your church sister, this is the notorious Dudus Coke". Deep wells of disbelief suddenly creased her forehead, with enough depth to collect pails of sweat, as she ruefully retorted: "No sah, yuh nuh see seh dis a one big ol' woman? De picture is dead stamp a Sista Mullings. Di only ting missing is a little lipstick."

By this time, I was keeling over in peels of laughter. But not only that, I was completely overwhelmed by her comical innocence, which provided a welcome respite from the long wait for the extradition request. Anyway, she continued, "But anybody eva see mi dying trial; why 'im neva dress up like when parson tun dem collar back way, or even put on a false grey beard or sum'ting like dat? Tek it from mi, 'im woulda walk right pass di policeman dem faster than it tek fi sey "feh". 'Im nuh smart at all! Go see 'im a put on 'im woman clothes." Humour aside, her conclusion stood in stark contrast to her wish for Mr Coke to be taken in for trial and for normality to return to Jamaica.

And in all seriousness, anyone with the slightest sense of humour would have been tickled by the spate of comedic intrigues that followed the major players throughout this matter. And to top it off, Mr Coke's final entry on to the big stage, along with assorted feminine apparel and into an unexpected police roadblock, would make for an exciting catwalk beside American drag queen and model, RuPaul. For, according to newspaper accounts, some of the items found inside the priestly vehicle in which he was travelling alongside his driver pal "Al", on their way to Kingston, included, of all things, a pink wig! This story could not have got any more bizarre than it did, leading up to the penultimate chapter, just hours before Dudus's chartered flight left for the Big Apple.

Although common sense dictates that if one wants to delude another, or evade capture, wearing a mask could help in executing that plot, it is somewhat puzzling that an alleged don and "bad man" as Coke is said to be, would choose to camouflage himself as a woman. Is it then, that, deep down in the crevices of their souls, most reputed thugs, dons, or whatever nomenclature one wants to assign to describe hardened criminals, are nothing more than little pussycats, masquerading as full-fledged "don gorgons"? And, by the way, it is important to know that the word "gorgon" is Greek in origin and describes "a terrifying and dreadful female creature"; it would seem fair to me, given Dudus's extraordinary accessories and his penchant for multi-chromatic wigs, that he is well aware of the original meaning.

There is something else amiss here, for while it is foolish to stereotype, impugn people's character, or speak glibly about somebody else's intent, too many of our men are morphing into tough-talking, tight-pants-wearing, butt-showing, thug-acting machismos, only to do things that completely betray the very masculinity they try so hard to promote, prove and protect. About summer of 2008, for instance, the reputed leader of the Clansman Gang who was incarcerated at the Horizon Remand Centre inserted a mobile cellular phone all the way up into his "future", without realising that he did not turn it off. To much consternation and disbelief, the phone rang, reluctantly forcing the police to use lubricated gloves to remove the filthy instrument.

On the face of it, one might be inclined to overlook the action in the preceding example and write it off to brazen criminality. However, instances such as these should give rise to the far more fundamental issue of "reversed intolerance" (my phraseology) and its impact on crime and violence. Why did Mr Coke feel so comfortable dressing up like my friend's church siser - Sista Mullings, instead of faking it as an old man? Why did the reputed leader of the Clansman Gang, stock "Vaseline" in his cell and stick a mobile phone all the way up into his "tomorrow" and act normally as it vibrated and rang? Let us not go there, or try to second-guess how comfortable they were with their choices, but what a contradiction!

To see Dudus in wig, hat and spectacles was funny indeed. Yet, his transvestite metamorphosis, from don to donette, is not uncommon among many self-acclaimed thugs. And, if night should turn day, as my late aunt was wont to say, some of the revelations would put the entire nation into cardiac arrest. In the final analysis, though, Dudus's cross-dressing is no laughing matter, it exposes more than what greets the eye. And although I laughed heartily, upon seeing the reputed strongman go "cold turkey" - wig and all - in his most vulnerable of moments, it was also mightily discordant that he was being chaperoned and chauffeured around by a man of the cloth, of all persons.

Suffice it to say, however, in a society where homophobia runs as high as it does in Jamaica, these two small examples may provide some answers. Yes, answers that could help us to determine the psychology of crime and the sociological underpinnings that encourage it, as well as to assist us with garnering a better understanding of the concept of donmanship, especially as we seek to dismantle the castles of crime in the country. We would be fooling ourselves if we believe that crime and violence are not offshoots of deeper socio-psychological, emotional, economic and cultural struggles, such as poverty, low self-esteem, sexual struggles and repression, intolerance, poor parenting and socialisation, and emotional traumas from abusive homes and communities. Dudus, wittingly or unwittingly, might have opened up Pandora's Box to a greater solution to donmanship.

Burnscg@aol.com

Fake Shebada causes trouble

Keith 'Shebada' Ramsey, roots play icon and star of the hit play 'Bashment Granny', says he is being impersonated on popular social networking site Twitter.

The actor is distancing himself from the actions of an unscrupulous individual who created a Twitter account recently and wreaked havoc on the site for the short time the account was active. Soon after the cyber war began to heat up, however, the account was cancelled.

On the site, users 'follow' each other in order to interact and see each other's posts. The fake user, who went by the name 'Bashment Shebada', followed several persons on the site, some of whom were displeased and made it known.

In these instances, the character made it clear in no uncertain terms that he would follow anyone he chose to.

expressing concern

One user,Ryan, queried why he was being followed by the actor, with the following post, "Why is Keith Shebada Ramsey following me?" To this question, Bashment Shebada replied, "Yu luddy! Yu a come gwaan like seh yu a nuh badi. Mi falla anybadi mi c."

After this retaliation, Ryan blocked Bashment Shebada, but this only seemed to anger him more. He later tweeted, "All a di man dem wha a block mi. Unnu nuh see all a di hat gal dem whe a falla mi! Me win! Ah bey!"

A scan of the site revealed many users who had blocked the fake Shebada and who were expressing concern at the fact that he had chosen to follow them.

Before cancelling the account, Bashment Shebada had made several tweets. Among these were tweets which sought to enquire how the site worked and who was on it. One tweet asked, "A how dis work now?" Another said, "People, how unnu so boring? Gimmi di met nuh! Ragga deh pan dis?"

When contacted by THE STAR, Ramsay said he was not responsible for the rude messages and was not even aware that he had been impersonated. "I wouldn't do that," he said, "I have an account, but I haven't used it for a long while, because I don't even remember how to sign in. It is not me and I am very sorry about that."

The actor said he was wrapping up his current play on the local scene and was looking forward to a new play, set to be released in the summer. He said the new play would be more "edgy" and would take him back to his Bashment Granny roots.

Several popular figures have recently fallen victim to fake Twitter accounts. These include Prime Minister Bruce Golding and Opposition Leader Portia Simpson Miller.

Jamaica's Queer Obsession Is it all that's holding the country together?

Drag diva and community influential kept from mob in Half Way Tree at Monarch Pharmacy, Gareth was still inside as cops kept the crowd at bay

now to the original article by Kelly Cogswell 

Google the words "gay" or "homosexual" at the daily national Jamaica Observer and you'll find articles like "Help! my man is bi-sexual" or "Emergency! My girlfriend/wife is a lesbian." Letters to the editor regularly claim in graphic, overwrought terms that homosexuals are destroying Jamaica. Even when the concerns of LGBT people are reported, activists are often lampooned.

The relentlessly hostile media reinforces the homophobia on the street, where queers face everything from taunts to machetes. Several gay men and transgender people die each year in Jamaica at the hands of mobs that beat, stone, and stab them. Lesbians face verbal harassment and rape, and sometimes death. And those are just the known cases.

Even more potent is the gay-hating trend in Jamaican popular music, a central element of the island's culture. The musicians Elephant Man, Bounty Killer, Beenie Man, TOK, and Capleton have variously encouraged their audiences to shoot, burn, rape, stone and drown lesbians and gay men. In a huge January 2004 concert in St. Elizabeth, Jamaica, almost every single song denounced gay men.

Roots of Hate
Some of the biggest foreign critics of Jamaica's homophobic dancehall music have come from Britain, the former colonial power in Jamaica, and home to a large community of Jamaicans and their descendants. Demonstrations have been held in London, musicians successfully boycotted, and recording contracts cancelled.

In January, Britain's The Guardian published a story by Decca Aitkenhead in which she chastised the British left for the outcry against Jamaica's violent homophobia, and, erasing the support of Jamaican activists for the protests, declared the British should keep their mouths shut. It was all their fault, from the colonial-era sodomy law, to poverty and the emasculating legacy of slavery. Debt relief, fair trade, and investment would take care of it.

She also brushed aside the role of fundamentalist religions, both Christian and non-Western, which play a huge role in the homophobic violence and is another essential component of Jamaican culture. The macho, homophobic, fundamentalist Rastafarian sect Bobo Dread, known by critics as the Jamaican Taliban, is a direct influence on Rastafarian musicians like Capleton, who sings, "Blood out ah chi chi/ Bun out ah sissy." Kill the fags, burn the sissies. He has reportedly been part of anti-gay mobs. Fellow Rastafarian singer Buju Banton allegedly took part in a gay-bashing last June.

Christians are equally bloody. In April 2000, an attack actually occurred inside a Baptist church hall in Kingston. A mob accused a man of being gay, cornered him in the hall, then shot him several times while he begged for his life; his boyfriend had to flee the neighborhood. Christian preachers are the first to fill the letters to the editor sections with exhortations against LGBT people as the demonic architects of Jamaica's downfall.

British colonialism is old news and Jamaica's elite is off the hook when you can blame queers for the country's corruption, police brutality, crime, and violence.

Homophobic Nationalism
That is the crux of the problem: that the homophobia which suffuses the music, religion, society and government has combined into a peculiar nationalism, rallying around queers as the source of all of Jamaica's problems. For people that believe this, gay-bashing has become a kind of patriotism, an act in defense of the nation, and an integral part of the Jamaican identity. Like anti-Semitism for Hitler's Germans, this pathological hatred of queers is the tie that binds.

Last year I saw it at work uniting some Jamaican immigrants in New York City. Nurses from the island were attending a gay, African American friend of mine as he lay dying in a nursing home here. All he heard were endless terrifying exhortations about queers and how God wanted them to be killed -- by fire or the machete or whatever. It was the first time in thirty years the tough Bronx Viet Nam vet stayed in the closet. The bloodthirsty, proto-Christian rants seemed to affirm the nurses' cultural identity. Twenty-four seven it was hellfire and death to queers. He was afraid and humiliated on his deathbed.

The state in Jamaica is a pillar of this homophobic nationalism. Cops instigate the violence themselves, ignore it, or cover it up. The government laughs at the mobs and refuses to discipline the cops, overturn the British-era sodomy law, or even consider the idea that homophobia is compounding the growing problem of AIDS in Jamaica.

Risking Action
In this context, taking action can be both dangerous and demoralizing. In February, I spoke with Gareth, a young gay activist on a US tour sponsored by Amnesty International. He is only twenty-seven, but already a seven year veteran of J-FLAG, the Jamaica Forum for Lesbians, All-Sexuals and Gays.

I wondered how he managed to keep working so long. One of J-FLAG's members was murdered last June. The police investigation was a mockery. Gareth himself was physically abused by a police officer in 2002, and has witnessed a gay-bashing so bad that the victim later died. The more visible J-FLAG is, the more threats they all receive, both in the press, and in letters and emails.

Gareth told me that he was able to remain an activist because the members all stuck together and supported each other with phone calls and visits, and tried to make educational meetings fun.

When the damning Human Rights Watch report, "Hated to Death: Homophobia, Violence, and Jamaica's HIV/AIDS Epidemic," was distributed last November, unleashing a tremendous backlash on the island, they just kept reminding each other that it was all part of the process. "You just have to work through it and let it go," he said, his eyes downcast.

Finding Support
With such a virulent, pervasive strain of homophobia in Jamaica, Gareth is lucky that he has his grandmother on his side. She doesn't accept his homosexuality -- when she discovered him as a kid messing around with another guy she beat the crap out of him -- but she doesn't let his male cousins or brothers say anything at all against him, much less touch him. Thankfully, they are all afraid of her.

Male family members often rely on violence to enforce gender roles and sexual identities, even when people try their best to stay in the closet. In one documented account last February, a father encouraged a group of students to attack his own son after he went through the boy's backpack and discovered a picture of a nude man.

Gareth's aunt knows, too, though they never talk about it. The only person he's really out to is his sister. She learned by accident. Once, when she was staying with him in Kingston, some of his friends assumed she knew he was gay and talked openly around her. She was shocked at first, then accepting. She sometimes goes with him to gay parties and isn't afraid to dance with girls. She even vets his boyfriends. "It's wonderful to have her know," he told me.

The Jamaican closet is more confining than most. Gareth lamented how hard it was even for gay men to get to know each other. Meeting in public is risky. The internet has its own problems. Homophobes sometimes use chat rooms to lure gay men into real world places where they can be assaulted. No one can date normally. It's like being in a war zone.

Why Bother?
I knew it was a mistake when I asked Gareth about how homophobia fit into the overall picture of poverty, police corruption, and the breakdown of law, along with Jamaica's fundamentalist religions and violent culture. He looked like he wanted to throw up. Even thinking about how it all conspired against queers was an overwhelming challenge for an embattled activist.

Gareth told me he and the other at J-FLAG kept their eyes on a more modest prize. "Our priority right now is processing stories of abuse, and working closely with other groups to provide safe spaces. We are also working to get attention. We appreciate support from anyone." They offer hotlines and educational meetings, and are also working to repeal the sodomy law.

One big accomplishment was a regional meeting they had last December in Kingston for activists working on queer issues, human rights, and HIV/AIDS. Nineteen activists came from all over the Caribbean and J-FLAG gave workshops on how to build advocacy organizations. J-FLAG is the oldest queer rights group in the area and they have a wealth of experience to share. That means a lot in a place where existence itself is a victory.

Amnesty International Rally, Friday, April 15, 2005, 3 - 4 p.m. at the Jamaican Consulate in New York City (47th St. and 3rd Ave.) to protest homophobic violence and call on the government to abolish the sodomy statute.