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Public Opinion

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History

Homosexual activity in Upper Takutu-Upper Essequibo

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Homosexual activity in Upper Takutu-Upper Essequibo is male illegal, female legal.

Current status
Since 1893
Male illegal, female legal
Section 354 of the Guyana Criminal Law (Offences) Act of 1893 states “Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and liable to imprisonment for life.”

Buggery is also known as anal sexual intercourse. This law generally goes unenforced, however LGBT people still regularly face discrimination and violence.

Same-sex marriage in Upper Takutu-Upper Essequibo

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Same-sex marriage in Upper Takutu-Upper Essequibo is banned.

Current status
Banned
Same-sex marriage is banned in Guyana, as per the Constitution.
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Censorship of LGBT issues in Upper Takutu-Upper Essequibo

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Censorship of LGBT issues in Upper Takutu-Upper Essequibo is no censorship.

Current status
No censorship
In Guyana, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Upper Takutu-Upper Essequibo

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Right to change legal gender in Upper Takutu-Upper Essequibo is illegal.

Current status
Illegal
Guyana is the only place in South America that does not allow legal gender change. Cross dressing was legalized in 2018.

Gender-affirming care in Upper Takutu-Upper Essequibo

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Gender-affirming care in Upper Takutu-Upper Essequibo is restricted.

Current status
Restricted
Guyana provides for hormone therapy but not sex reassignment surgery.
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Legal recognition of non-binary gender in Upper Takutu-Upper Essequibo

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Legal recognition of non-binary gender in Upper Takutu-Upper Essequibo is not legally recognized.

Current status
Not legally recognized
Guyana does not allow people to legally change their gender.
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LGBT discrimination in Upper Takutu-Upper Essequibo

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LGBT discrimination in Upper Takutu-Upper Essequibo is illegal in some contexts.

Current status
Since Aug 16, 2023
Illegal in some contexts
There is limited protecton based on sexual orientation. The Data Protection Act (2023) states that "Sensitive personal data" means personal data consisting of information on a data subject’s sexual orientation or sexual life.

No law expressly prohibits discrimination based on gender identity or gender expression.
Until Aug 16, 2023
No protections
Until 2023, there were no protections from discrimination provided to LGBTIQ+ people in Guyana.
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LGBT employment discrimination in Upper Takutu-Upper Essequibo

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LGBT employment discrimination in Upper Takutu-Upper Essequibo is no protections.

Current status
No protections
There are no protections from discrimination in employment provided to LGBTIQ+ people in Guyana.
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LGBT housing discrimination in Upper Takutu-Upper Essequibo

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LGBT housing discrimination in Upper Takutu-Upper Essequibo is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Guyana.
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Same-sex adoption in Upper Takutu-Upper Essequibo

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Same-sex adoption in Upper Takutu-Upper Essequibo is unknown.

Current status
Unknown

Intersex infant surgery in Upper Takutu-Upper Essequibo

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Intersex infant surgery in Upper Takutu-Upper Essequibo is not banned.

Current status
Not banned
Not criminalized in Guyana.
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Serving openly in military in Upper Takutu-Upper Essequibo

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Serving openly in military in Upper Takutu-Upper Essequibo is illegal.

Current status
Since 2021
Illegal
The Personnel Policy of the Guyana Defense Force (GDF), issued in 2021, states the following:

4050.
a. Definition. Homosexuality is the unnatural tendency of a man or woman to have
sexual inclinations towards a member of his or her own sex. Buggery i.e. sodomy, is an
offence at common law, the punishment for which is fixed by the Offences Against the
Person Act, section 76.

b. Involvement. Involvement in homosexual and buggery practices will normally
result in discharge from the Force either by disciplinary or administrative procedure. The
same applies to other forms of sexual deviancy such as sadism, transvestism and carnal
abuse of minors.

c. Discouragement. All Ranks must discourage such practices and are in no
way to condone homosexual or other deviant acts which come to their notice and should
report them to their superiors as a matter of priority. In particular, officers, warrant
officers and NCOs are to be especially alert for attempts to involve young members of
the Force.

d. Alteration of sexual organs/parts of the body.
(1) Members of the GDF are not to subject themselves to hormonal or surgical
alterations to obtain the character of the opposite sex. These include
augmentation/ enlargement of the male/female sexual organs and other body
parts.
(2) Members of the GDF are forbidden to engage in transvestite behaviours.
Such behaviours refer primarily to cross dressing.

e. Reports. Commanding Officers are to report details of all cases of actual or
suspected homosexuality or other deviant behaviour to the Headquarters, which will
advise whether disciplinary or administrative action is appropriate.

f. Discharge. Where an application for discharge is to be made, the Rank is to be reminded of his right to have audience with the competent military authority in respect of his application.

g. Recruits. All recruits are to be warned of the Force‟s policy on homosexuality
and buggery before the final decision is made about joining, and warnings are to be
included in lectures at training establishments.

Blood donations by MSMs in Upper Takutu-Upper Essequibo

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Blood donations by MSMs in Upper Takutu-Upper Essequibo is legal.

Current status
Legal
In Guyana, there are currently no restrictions on men who have sex with men donating blood.

Conversion therapy in Upper Takutu-Upper Essequibo

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Conversion therapy in Upper Takutu-Upper Essequibo is not banned.

Current status
Not banned
Conversion therapy is legal in Guyana.
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Equal age of consent in Upper Takutu-Upper Essequibo

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Equal age of consent in Upper Takutu-Upper Essequibo is female equal, male n/a.

Current status
Female equal, male N/A
For men, the age of consent for homosexuality is N/A because it illegal. For women, it is equal compared to heterosexual sex.
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