Transgender activists in India and Pakistan are celebrating two legal advances in their respective countries.

Akkai Padmashali, an Indian trans activist, made history on Nov. 12 by obtaining a passport for her 5-year-old child, Avin, without including a father’s name. As a trans woman and single mother, she set a precedent not only for the trans community but for all women in the country raising children on their own.

Padmashali, who is one of India’s most prominent trans activists, in 2019 became the first trans woman in the country to officially adopt a child. A year earlier, she made history in Karnataka by becoming the first trans woman in the state to register her marriage with her husband, Vasudev V.

Padmashali expressed her joy to the media when she adopted Avin, stating she had always dreamed of becoming a mother.

“It has been my dream and desire,” said Padmashali in 2019. “Our families have accepted the baby. It’s heart-warming to see the little one playing on my mother’s lap. I just hope that he does not face any kind of discrimination and social stigma when he grows up.”

In 2019, the same year Avin was born, parliament passed the Transgender Persons (Protection of Rights) Act.

The law seeks to safeguard the rights of trans people and promote their welfare. It includes provisions for issuing identity certificates, protecting against discrimination in education, employment, healthcare, and other sectors, and establishing welfare programs. The law also addressed physical, sexual, verbal, emotional, and economic abuse through protections and rehabilitation programs, introduced complaint officers to handle grievances, and outlined penalties for offenses against trans people.

The Narendra Modi-led government on Dec. 23, 2016, amended the passport policy to accommodate single parents and others who may not wish to include a father’s name in the application. This move was part of broader efforts to streamline and liberalize the passport process in India. One significant change was the modification of the application form, allowing applicants to list either the mother’s name, father’s name, or legal guardian’s name, instead of requiring both parents’ names. The change sought to benefit single mothers, orphans, and children raised by legal guardians.

Padmashali during an interview with the Washington Blade emphasized this issue extends beyond the trans community. 

“This is not a question of the community—maybe a single mother, a single parent, most of the women across the world,” she said.

“People are struggling with the identity crisis,” Padmashali added. “In a system of majoritarian, there are so many people who are in the process of questioning the notion of marriage, questions the notion of civil relationship or partnership. Especially in my case, born a male, transformed into a female, and challenged the notion of patriarchal institutions in that way. I claim myself as a woman and also adopting a child, getting the child every document from the government is a big challenge. Especially in the state of Karnataka, I did not find it challenging — very supportive officers, a very supportive government, and a very supportive environment.”

Padmashali told the Blade she was very happy with the process of obtaining a passport for her child, describing it as completely hassle-free.

“I think the passport authority of this country is very sensitive. The passport gives a certain amount of recognition, especially for the transgender community,” said Padmashali. “Many transgender women have also adopted children, but [are] struggling with lots of identity crises.”

“In my case, it was a completely different scenario, I got my passport as a female, and Avin’s also getting the passport without naming the father, I think it’s a national issue,” she added. “From the transgender person’s point of view, I am happy that my Supreme Court has recognized the community and the parliament has recognized the Transgender Protection Act. India is in process of progressing, I would say.”

Pakistan’s Sindh province could implement first-ever Transgender Education Policy

Authorities in in Pakistan’s Sindh province — the country’s third-largest by land and its second most populous — on Nov. 13 approved the first-ever Transgender Education Policy.

The policy includes a separate category for trans children on school and college admission forms, alongside existing male and female options.

Sindh Education Minister Syed Sardar Ali Shah chaired the meeting during which the Transgender Education Policy was approved. A press release says it will now go before the provincial Cabinet for final approval.

The press release notes the proposed policy seeks to eliminate discrimination by providing education for trans children, and introducing job quotas for trans people in the recruitment of teachers.

The Sindh government says trans activists and advocates helped develop the policy.

Shah highlighted the significant challenges faced by the trans community in accessing education, including prejudice, mistreatment, and exclusion. He noted that financial constraints and limited employment opportunities often make education unaffordable, while the fear of harassment in educational institutions further deters transgender individuals from pursuing it. Shah also emphasized that the policy aims to safeguard the identity, safety, and educational needs of trans people.

The press release notes the policy also includes training for teachers to understand the psychological and educational challenges that trans children face. It also aims to develop skills among trans people, and foster a harassment-free environment within educational institutions. The policy seeks to raise public awareness about the need to promote equal opportunities and rights for trans people.

Anusha Tahir Butt, chair of the Transgender Empowerment Organization, said the Transgender Education Policy’s initial approval as a significant step towards greater inclusion and equality for trans people.

“This policy acknowledges the challenges faced by transgender individuals in accessing education and employment, offering them a dedicated space in schools, colleges, and government jobs,” said Butt. “It’s a much-needed step in breaking down the societal barriers of discrimination, harassment, and exclusion that transgender people often face.”

“By including separate categories for transgender children on admission forms and reserving job quotas, Sindh is helping to create a more supportive and equitable environment,” she added. “The policy also focuses on teacher training, anti-harassment measures, and skill development programs, all of which contribute to empowering transgender individuals to lead independent, fulfilling lives. This is a powerful example of how policy can drive social change and encourage a more inclusive society in Pakistan. “

Butt noted societal stigma and prejudice against the LGBTQ+ community remain deeply entrenched in Pakistan, particularly in conservative areas.

“Discrimination and harassment in educational institutions could deter transgender and LGBTQ students from pursuing their education, despite the policy’s provisions for anti-harassment measures,” she said. “Furthermore, effective implementation could be challenged by limited resources, infrastructure, and political will, particularly in rural areas. Bureaucratic delays and gaps in broader legal protections for LGBTQ rights may also impede the progress of these initiatives.”

Donald Trump has made clear his intention to begin mass deportations immediately upon taking office on January 20, 2025, a promise he made repeatedly during his 2024 presidential campaign.

“On Day 1, I will launch the largest deportation program in American history to get the criminals out,” he declared during a rally at Madison Square Garden in the final days of the presidential race. “I will rescue every city and town that has been invaded and conquered, and we will put these vicious and bloodthirsty criminals in jail, then kick them the hell out of our country as fast as possible.”

This week, for the first time, Trump vowed to invoke national emergency powers to execute this plan and, particularly troubling, will use the Armed Services to do so.

National emergency declarations have long been used by U.S. presidents to access extraordinary powers, often bypassing congressional oversight. The National Emergencies Act (NEA) of 1976 was designed to prevent unchecked executive authority, but its provisions have failed to effectively curb presidential overreach. While the act sets guidelines for declaring national emergencies, presidents have frequently invoked this power to justify wide-ranging actions, from military interventions (abroad) to surveillance programs (domestically and abroad).

For example, in the aftermath of the September 11 attacks, President George W. Bush invoked national emergency powers to pass the Patriot Act, which allowed for sweeping surveillance and counterterrorism measures with minimal congressional oversight. This precedent establishes a concerning foundation for Trump’s proposed use of emergency powers in the realm of immigration enforcement.

Trump’s pledge to invoke emergency powers to detain, round up, and deport over 11 million undocumented immigrants would result in a domestic military operation of unprecedented scale.

He vows to build “vast holding facilities that would function as staging centers” for immigrants as their cases progressed and they waited to be flown to other countries. While large-scale deportation efforts have been attempted in the past—most recently President Eisenhower’s “Operation Wetback” in the 1950s, which deported 1.1 million people—today’s proposed numbers are far greater. Even the Obama administration, which deported 1.8 million people during its tenure, faced significant legal and logistical hurdles that made large-scale deportations difficult to carry out quickly and without consequence.

Many hurdles exist.

Legal challenges are almost certain to engulf Trump’s administration should it pursue such a plan. These challenges will include key issues such as whether the president can lawfully bypass Congress to enforce mass deportations. There will also be significant legal disputes surrounding the treatment of detained immigrants, particularly their Due Process rights under the U.S. Constitution. 

The 2018 Supreme Court case Jennings v Rodriguez, reaffirmed that due process protections apply to all individuals on U.S. soil, regardless of immigration status, guaranteeing them rights such as bond hearings and access to counsel. 

Any attempt to bypass these rights would invite immediate and substantial legal challenges, further complicating Trump’s efforts.

In addition to these legal complexities, the logistical challenges of executing such a massive operation would be immense. Deporting millions of individuals would require extensive resources for transportation, housing, medical care, and sustenance.  Some estimate the price tag could exceed $300 billion dollars.

The U.S. government would need to significantly expand detention facilities and infrastructure to accommodate such a large influx of detainees. 

Historical attempts to increase detention capacity, such as the family detention centers under Obama, faced severe criticism for overcrowding, inhumane conditions and the violation of human rights.

Legal objections are likely to arise concerning the use of armed military personnel in civilian spaces. Deploying military forces for domestic law enforcement operations could violate the Posse Comitatus Act, which restricts the use of military personnel in civilian law enforcement activities. Previous efforts to militarize U.S. immigration enforcement—such as the use of the National Guard at the U.S.-Mexico border—faced constitutional challenges and public backlash. 

If Trump proceeds with using the military for mass deportations, it would almost certainly prompt immediate legal challenges based on this law.

Trump has long expressed disdain for the traditional system of checks and balances, viewing even basic constitutional arguments as an obstacle to his leadership. 

He has shown that he will not hesitate to bypass Congress and other governmental processes for key appointments. For example, during his first term, Trump repeatedly sought to circumvent the Senate confirmation process, such as with his appointments to the Department of Justice and Health and Human Services, where he clashed with Senate Democrats over key nominations.

Trump is not shy about his broader desire to centralize power within the executive branch, diminishing the role of both the legislative and judicial branches. His antagonism toward agencies like the National Security Council and the Homeland Security Council—which he has accused of undermining his administration—further underscores his aim to weaken institutional checks on executive power. If unchecked, we could see a presidency where unilateral decisions by the executive become the norm, with minimal oversight from Congress or the courts.

Already, Trump has signaled his intent to appoint loyalists to key agencies, many of which he clashed with or feels have hindered his agenda. Examples include his controversial Pentagon appointments, as well as his selection of Director of National Intelligence and Health and Human Services leaders, who have been seen as part of his push to exert more control over agencies he perceives as obstructionist or hostile. He has already assigned a Border Czar, Tom Homan, who separated thousands of families at the border during Trump’s first term; that policy resulted in children never again being found.

Seizing emergency powers would allow Trump to bypass some, but not all, political and legal barriers to implementing his deportation plan. 

To make it more feasible, he would likely need to suspend aspects of Due Process protections, militarize public spaces and bypass rules surrounding the detention of individuals without adequate hearings or access to credible legal counsel. This would create a system where any individual could be detained, processed and deported with no actual regard for constitutional protections.

In short, a frustrated Trump—empowered by a Republican-majority Congress and a potentially willing DOJ and Supreme Court—might attempt to suspend the constitution.

This is not without precedent. 

Over 120,000 people of Japanese descent were interned in camps throught out the US during World War II, including 20,000 at Los Angeles County’s Santa Anita Assembly Center. (Photo: PBS)

In 1862, President Lincoln issued Presidential Proclamation 94 which suspended the writ of habeas corpus. (Photo from National Archives education division)

During the Civil War, Abraham Lincoln suspended habeas corpus to suppress dissent, and during World War II, Franklin D. Roosevelt’s internment of Japanese Americans involved the suspension of their constitutional rights in the name of national security. 

While these actions were taken during times of war, they set dangerous precedents for the suspension of civil liberties in the face of perceived national crises. Trump has called the immigration an ‘invasion’ and has referred to migrants and their protectors as the ‘enemy within.’

Though few are publicly contemplating this possibility, we must acknowledge that we are on a trajectory toward some form of civil rights suspension, and certainly, we are witnessing a potential for widespread executive overreach.

At the local level, cities and states have vowed to resist Trump’s immigration plans. 

The Los Angeles City Council has declared itself a Sanctuary City, and Mayor Karen Bass has pledged that no city resources or personnel will support deportation efforts. 

Similarly, Governor Gavin Newsom of California has made declarations on behalf of the state. 

However, these measures do not prevent the federal government from taking action on the ground. 

In fact, Trump and Congress have the authority to terminate federal funding to uncooperative states and local governments. 

In 2021, for example, California received over $150 billion in federal funding, which could be withheld as political leverage at every turn to force compliance with federal immigration policies.

Most immigration rights advocates, attorneys and others want to point out that there is every reason to remain hopeful and that Due Process rights, good judges and justice minded citizens will work to protect most people from unjust treatment and deportation.

However, it’s not clear what Due Process or advocacy might look like if Trump militarizes the process and suspends the Constitution.

There are currently several immigration violations that could lead to the deportation of individuals attempting to remain in the U.S. and people who entered the country without authorization are often a focus of immigration enforcement, particularly under the Trump administration. 

However, the specifics of deportation policies can vary and it’s important to note that many individuals who entered the U.S. improperly have remained in the country for years, blending into communities. 

Some of these individuals have applied for asylum or are in the process of adjusting their status through other legal avenues, such as family-based petitions or employment-based green card applications. 

The process for detaining and deporting these individuals can depend on several factors, including whether they have a criminal record, whether they are in removal proceedings or their current legal status.

Ally Bolour, a well-known immigration attorney based in Los Angeles, says he has faith in Due Process but is “concerned that the process may become much more restrictive and that due process may be minimal and not applied fairly.”

Bolour has since 1996 worked with individuals facing deportation and specializes in cases involving people who have entered the U.S. without authorization and those seeking asylum.

“Sensitivity to the queer minority is going to be minimal,” under Trump’s immigration system, he says.. “They won’t care. It’s literally a fact that, if you are a gay person fleeing the Islamic Republic, you’re fleeing because they’re gonna hang you. Credible fear. But after January 20, as I see it,chances of a gay Iranian being able to and pass the credible fear becomes more difficult than it is today.” 

Los Angeles Blade spoke with Bolour about 23 year old Jesus, one of the more than 200,000 LGBTQ immigrants who have made their way to California in the past few years. 

His immigration situation as an asylum seeker today illustrates the impact a growing maze of intentional legal and bureaucratic hurdles has on immigrants’ ability to advance their cases.

Jesus made his way to the U.S. seeking refuge from the violence and instability that defined his life in Venezuela. 

Born in Caracas, Jesus’ childhood was marked by the unraveling of his family’s middle-class life as Venezuela descended into political and economic chaos. His father, once a government worker loyal to Hugo Chávez, witnessed the system’s collapse from within. He refused to comply with orders from high-ranking officials like Diosdado Cabello, resulting in the family’s swift downfall. 

Jesus’ early years were defined by loss, as their possessions and status vanished, leaving them targets of a ruthless government.

Venezuela’s economic collapse, particularly between 2013 and 2023, created unimaginable hardship. Hyperinflation and a crumbling economy made basic necessities unattainable, and survival became a daily struggle. But for Jesus, being gay in a country that became increasingly hostile to LGBTQ people added another layer of peril. 

“In Venezuela, being gay isn’t just a social challenge—it’s a potential death sentence,” he explains, recalling countless friends lost to violence or suicide. The societal rejection and threats, he says, were constant.

Faced with this brutal reality, Jesus made the decision to flee Venezuela. “It wasn’t impulsive; it was a matter of survival” he says. Part of a larger wave of over 7 million Venezuelans fleeing the country, Jesus traveled to Mexico City, then to Tijuana, before crossing the U.S. border on foot near San Diego. He chose to surrender to U.S. border authorities, a decision that led to his detention across various facilities in the Southwestern and Southeastern U.S.

During his six months in detention, Jesus faced COVID-19, potential deportation, and constant uncertainty. Yet, even in these grim circumstances, he found a sense of community among other LGBTQ detainees. “We watched out for each other,” he recalls. Eventually, a friend bailed him out.

Today, Jesus works and lives in California, grateful for his newfound safety but now facing the prospect of having his American journey crushed by Donald Trump.

Jesus mingles in the crowd at a recent Washington DC Pride celebration. (Photo by Los Angeles Blade)

Because he crossed the U.S. border illegally, his designation remains “Entered Without Inspection” (EWI)—a status that may pose a significant threat to his ability to remain in the country.

Trump’s immigration round up plan appears to target individuals with EWI status no matter how long they have been in the country or where they are in the process of becoming a visa holder (witness his determination to remove even American-born adult children of elderly immigrants in this status).

In an effort to strengthen Jesus’ case, his attorney has suggested a bold and complicated strategy: leave the U.S. and re-enter through legal channels. 

Attorney Bolour says he would advise against this strategy for someone like Jesus. 

“For those with pending asylum applications and an expired TPS, it is very difficult to obtain Advanced Parole,” he says. “There are significant risks involved.” He recommends that people in this situation “do not travel until they have some form of approved status, such as TPS.” 

Bolour notes that “every case is different” and it is imperative that people “consult with counsel before making any firm decisions.”

In the case of Jesus, if he was able to wipe the EWI status from his record, it might help him avoid the First Country Rule.

This rule mandates asylum seekers apply for asylum in the first country they reach after fleeing their home country, and for Jesus, that country was Mexico. If he were able to reset his immigration record, this rule might potentially no longer apply to him.

However, his ability to exit the US and reenter is made risky because his Temporary Protected Status , which had allowed him to stay in the U.S. without fear of deportation, expired in March 2024. Since then, he has been waiting for his renewal application to be processed. 

TPS was set for automatic renewal but the system has conveniently failed to renew status for thousands of people.

Without a valid TPS, Jesus cannot legally leave the U.S., as doing so would trigger an automatic ban on his re-entry.

To leave the country legally, he would need to apply for Advanced Parole, a document that permits individuals to travel abroad temporarily without risking their legal status. 

But obtaining Advanced Parole is no simple feat. The application process can take months and even if expedited, there is no guarantee of timely approval. It’s impossible, however, without an active TPS.

The intersection of expired TPS, bureaucratic delays and the looming threat of U.S. military lead deportation and harsh immigration policies leaves Jesus in a state of perpetual uncertainty.

Bolour says everyone “must be prepared for the worst possible outcome: a systematic erosion of civil rights, aggressive federal action, and a significant legal, human rights, and constitutional crisis.”

To that end, Bolour says the most important thing any person facing immigration challenges should have, is a plan:

1. Remain Calm:
   • Stay calm and do not physically resist. Immigration agents have the authority to detain you, but resisting can lead to additional charges or complications.
   • NOTE:  If agents appear at your door with a warrant for your arrest, do not let them in unless the warrant has been signed by a judge.
     
2. Know Your Rights:
   • You have the right to remain silent and not answer questions about your immigration status. You also have the right to ask for a lawyer. Remember, anything you say can be used against you in the future.
     
3. Request to Contact an Attorney:
   • Ask to speak with an immigration attorney immediately. You have the right to legal counsel, and an attorney can guide you through the process and ensure your rights are protected.
     
4. Do Not Sign Any Documents Without Legal Advice:
   • Do not sign anything without understanding what it means. Immigration officials may ask you to sign forms or waivers, which could impact your case. Consult with an attorney before signing any documents.
     
5. Provide Only Basic Information:
   • Only provide your name, address, and date of birth. Avoid answering other questions or providing more personal information without a lawyer present.
     
6. Limit Social Media posts:
   • Do not post private information or photos and restrict your interactions to known participants. If your page is public, set to friends only and do not share your location.
     
7. Document the Detention:
   • If possible, have a trusted friend or family member document your detention, including the time, location, and agents involved. This information can be important for legal proceedings or for advocacy groups that may assist in your case.
     
8. Exercise Your Right to Make a Phone Call:
   • You have the right to make a phone call to family, friends, or your attorney. Immigration authorities should allow you to call a lawyer, though this may vary by location.
     
9. Request a Hearing:
   • You have the right to request a hearing in front of an immigration judge. Your attorney can help you with this process and inform you of any options for contesting your detention.
     
10. Avoid Talking About Your Case:
    • Do not discuss your case with other detainees, as it may be used against you. Stick to speaking with your lawyer or trusted individuals.
      
11. Stay in Contact with Support Networks:
    • Keep your family, friends, and advocacy organizations informed about your situation so they can assist with legal or practical needs during the detention process.
      
12. Create an emergency notification group:
    
    • If you are detained or face any urgent situation, inform a trusted core group of family and friends who can collaborate to assist you.

By following such steps, Bolour says, you can help ensure that your legal rights are respected and that you have the best chance of navigating the immigration detention process effectively.

“It is affecting my health and I don’t know what my real options are,” says Jesus. “They keep adding rules and conditions and slowing my ability to keep the case up to date. It’s like a game of musical chairs where you run out of time to get to the right place before Trump stops the music.”

“But,” adds Jesus, “I am not going to give up. I can’t. Even though I don’t know what’s next.”

Democratic officials marked Transgender Day of Remembrance, which took place on Wednesday, honoring the lives lost to anti-trans violence and calling out rising anti-trans rhetoric and discrimination.

President Joe Biden in a statement said “we mourn the transgender Americans whose lives were taken this year in horrific acts of violence.”

“There should be no place for hate in America — and yet too many transgender Americans, including young people, are cruelly targeted and face harassment simply for being themselves. It’s wrong,” he said. “Every American deserves to be treated with dignity and respect, and to live free from discrimination. Today, we recommit ourselves to building a country where everyone is afforded that promise.”

U.S. Reps. Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Mark Pocan (D-Wisc.), as well as U.S. Sen. Mazie Hirono (D-Hawaii), all members of the Congressional Equality Caucus, introduced a bicameral resolution commemorating the Transgender Day of Remembrance and “recognizing the epidemic of violence toward transgender people and memorializing the lives lost this year.” 

“As anti-transgender rhetoric and legislation has increased in the United States over recent years, unfortunately so has anti-transgender violence,” Jayapal said in a statement announcing the resolution. “On Transgender Day of Remembrance, this resolution stands as a symbol of the strength and resilience of the trans community and honors the lives of the trans people we have lost to horrific violence.”

Jacobs also addressed President-elect Donald Trump’s anti-trans rhetoric. 

“Donald Trump’s anti-LGBTQ+ and anti-trans agenda will likely fuel this anxiety and violence against queer communities,” Jacobs said. “That makes this year’s Transgender Day of Remembrance even more important. Our bicameral resolution is a powerful reminder that anti-trans rhetoric can cost lives.”

A report by the Human Rights Campaign documenting anti-trans violence found at least 36 trans and gender-expansive people in the U.S. lost their lives to violence since last year.

Transgender Day of Remembrance was founded in 1999 by trans activist Gwendolyn Ann Smith to commemorate the one year anniversary of the murder of Rita Hester, a trans woman who was killed in Boston. The day has since grown into a national and international event.

Secretary of State Antony Blinken in a statement honored Transgender Day of Remembrance. 

“Transgender individuals exist in every country, every culture, and every faith tradition,” he said. “ The United States recognizes Transgender Day of Remembrance to affirm the dignity and human rights of transgender persons globally.” 

In a post on X, U.S. Sen. Tammy Duckworth (D-Ill.) wrote, “On this Transgender Day of Remembrance, we honor the trans and nonbinary lives lost to violence simply for being who they are. Every American deserves to live their truth and feel safe doing so. Hate has no place here.”

U.S. Ambassador to the U.N. Linda Thomas-Greenfield noted the Biden-Harris administration’s advocacy for the trans community, which has included issuing a policy that prohibits discrimination based on gender identity and sexual orientation under the Title IX federal civil rights law this year. 

“On Transgender Day of Remembrance, we reaffirm there is no place for hate in America. The Biden-Harris Administration is proud to advocate for the safety of transgender and all LGBTQI+ Americans, including at the UN,” she said in a post on X. 

Victor Madrigal-Borloz, a former independent UN expert on LGBTQ+ and intersex rights, also on X, said trans people’s human rights are questioned “for reasons that have nothing to do with them and a lot with bigotry.”

“Support them actively,” he urged.

Xavier Becerra, the secretary of health and human services, seemingly mixed up the day that was being observed, releasing a statement mistakenly commemorating Transgender Day of Visibility, which takes place on March 31. 

“We fight so that trans Americans can go to the doctor and receive the same treatment as any other patient … so that they feel welcomed at school and in their community for who they are,” Becerra said. 

Maryland Gov. Wes Moore, a Democrat, issued a proclamation recognizing Transgender Day of Remembrance, continuing the precedent he set last year as the first Maryland governor to issue such a proclamation. 

Moore in May signed into law a bill that added gender-affirming care to Maryland’s definition of legally protected health care, affirming its status as a sanctuary state for trans people and their healthcare providers. 

The Trans Latin@ Coalition raised a record-breaking amount of money at their quinceañera, celebrating fifteen years of helping the Trans, Latin American communities of West Hollywood and Los Angeles. The event took place at the Pacific Design Center in West Hollywood, starting with a VIP reception and red carpet, followed by a fashion show featuring 14 designers. The 15th anniversary successfully highlighted the intersection of cultura, fashion and activism with a mariachi and fashion lines full of vibrant Latin American colors, patterns and embroidery. 

The quinceanera’s fashion show is called GARRAS, which stands for Groundbreaking Activism Redirecting and Reforming All Systems. GARRAS is more than just a fashion show, it is also a movement to transform the Trans, Gender nonconforming and Intersex community–as well as their allies–into high-fashion icons. 

GARRAS raises funds for the Trans Latin@ Coalition and uses these events to give TGI people a platform to showcase their talents, leadership and activism. The quinceañera-themed fashion show 

Bamby Salcedo, CEO of Trans Latin@ Coalition spoke during the event to address not only the need for continued funding, but also to point out how much more unity the TGI and Latin American communities must demonstrate in light of the incoming Trump administration. 

“I want to thank each and every one of you for supporting our work, for believing in our work and for participating in the change we are all working to create,” said Salcedo to the audience. “We’re here to raise funds to continue to do the work that needs to happen, especially because of what just happened [with the election]. And you know what? [The government] is trying to scare us and diminish who we are, and I say to all those mother f*ckers ‘F*ck you!”

The fashion show and reception brought in celebrity guests, models, influencers and many other queer Los Angeles socialites. Zaya Wade, Gia Gunn from Ru Paul’s Drag Race: Season 6, Mayhem Miller from Ru Paul’s Drag Race: Season 10, Heidi N Closet from Ru Paul’s Drag Race: Season 12 and many influencers and personalities. 

The TGI designers who showcased their latest creations were: Leandrag, Enrique Montes, Semi Creations, Natalia Acosta, Royal Rubbish, ArmaniDae, Nuwa1997, Bad Burro, Life on Mars, HIM NYC, 10 eleven, Rag to Fab, Christiana Gallardo and Jesse Alvarado.

Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.

An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.

The mob threatened to kill them if they were to return to the city. It also questioned why they were “into” homosexuality when there were many women in the area.

Samson Mikel, a Nigerian LGBTQ+ activist, said the attack was misdirected anger.

“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”

Attacks like the one that happened in Benin City have been happening across Nigeria — the latest took place in Port Harcourt in Rivers state last month.

Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has “carnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony” and could face up to 14 years in prison.

Several LGBTQ+ people and activists have been arrested under Section 214.

In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.

The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.

“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,” said TIERs Nigeria. “Despite the progress we have made, the journey towards justice is long, but our voices remain unwavering.”

TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commission’s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ+ people.

Many Nigerians vehemently oppose public discussions about LGBTQ+-specific issues because of religious and cultural beliefs.

A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ+. There is, however, little hope that Nigerian officials will do this anytime soon.

Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ+ rights in these areas could also face a similar fate.

A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.

The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ+ rights, is using sports and other social activities to educate the public against anti-queer discrimination.

The Mombasa-based INEND, through its “Advocacy Mtaani” or “Advocacy at the Grassroots” campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.

The donations followed another one to “boda boda” or “public motorbike riders” on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.

“We distributed umbrellas in various ‘boda boda’ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,” INEND, headed by Executive Director Essy Adhiambo, stated.     

INEND has also launched a comic strip, “Davii and Oti,” which tells a story about Pride and allyship.

The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.

“This awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,” INEND stated.   

The comic strip, which advocates for inclusivity and nondiscrimination based on one’s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment.  

INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.

The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.

“These trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,” INEND noted. 

The trainings aimed at creating safe digital spaces for “structurally silenced women and queer persons” are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.   

INEND, after unveiling a judicial guidebook last October to help judges better protect queer people’s rights, has intensified regional training for judicial officers across the country. The organization this month, through its “Access to Justice” initiative, trained judicial officers in Kisumu, Kenya’s third largest city, and in the North Rift region and Kilifi. 

The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a “fairer and more inclusive legal system” that upholds the dignity of all. 

The training followed INEND’s launch of a new report in July titled “Transforming Perceptions” that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection. 

“The results offered a glimpse of hope for a more inclusive justice system,” the report states. “Over 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.” 

The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person

Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.

The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenya’s judiciary.

“This initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,” Pema Kenya stated. 

U.S. Rep. Nancy Mace (R-S.C.) on Monday proposed a resolution that would prohibit House members and staffers from “using single-sex facilities other than those corresponding to their biological sex.”

The bill, which comes just two weeks after Sarah McBride was elected to become the first transgender member of Congress, would block her from accessing women’s bathrooms in the U.S. Capitol and House office buildings.

Republican leadership including House Speaker Mike Johnson (La.) have indicated they will seriously consider the proposal, while House Democrats denounced the effort as a cruel attempt to bully an incoming freshman colleague.

Congress

GOP resolution targets Sarah McBride, the first trans member of Congress

Bill by Rep. Mace would prohibit her from using women’s restrooms

Published 2 hours ago 

on November 19, 2024

By Christopher Kane

Delaware state Sen. Sarah McBride (Washington Blade photo by Daniel Truitt)

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U.S. Rep. Nancy Mace (R-S.C.) on Monday proposed a resolution that would prohibit House members and staffers from “using single-sex facilities other than those corresponding to their biological sex.”

The bill, which comes just two weeks after Sarah McBride was elected to become the first transgender member of Congress, would block her from accessing women’s bathrooms in the U.S. Capitol and House office buildings.

Republican leadership including House Speaker Mike Johnson (La.) have indicated they will seriously consider the proposal, while House Democrats denounced the effort as a cruel attempt to bully an incoming freshman colleague.

“Every day Americans go to work with people who have life journeys different than their own and engage with them respectfully, I hope members of Congress can muster that same kindness,” McBride said in a post on X.

“This is a blatant attempt from far right-wing extremists to distract from the fact that they have no real solutions to what Americans are facing,” she said. “We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars.”

“Delawareans sent me here to make the American dream more affordable and accessible and that’s what I’m focused on,” McBride added.

Every day Americans go to work with people who have life journeys different than their own and engage with them respectfully, I hope members of Congress can muster that same kindness.

— Sarah McBride (@SarahEMcBride) November 19, 2024

In her successful bid for Delaware’s at-large congressional seat, McBride’s campaign did not center the historic nature of her candidacy but rather her record of delivering results for her constituents like paid family and medical leave.

She did, however, talk about how everyone deserves a representative in Congress who respects them and their families.

Mace used transphobic language attacking McBride when speaking with reporters about her bill on Monday. “Sarah McBride doesn’t get a say. I mean, this is a biological man,” she said, adding that the lawmaker “does not belong in women’s spaces, women’s bathrooms, locker rooms, changing rooms, period, full stop” and instead should “use the men’s restroom.”

“I’m going to be standing in the brink, standing in his or her way, putting a stop to this insanity and this nonsense,” the South Carolina congresswoman said. She did not directly address a question about what “mechanism” might be used for “checking who’s qualified to use the ladies’ room,” but her bill specifies that the House sergeant-at-arms would be responsible for enforcement.

Asked whether she introduced the bill “specifically because Sarah McBride is coming to Congress,” Mace said “that, and more.”

Fielding questions from reporters on the steps of the Capitol Monday, far-right U.S. Rep. Marjorie Taylor Greene (Ga.) endorsed her colleague’s proposal while using anti-trans language and deliberately misgendering the incoming congresswoman from Delaware.

“He is a man. He is a biological male,” she said. “He has plenty of places he can go.”

LGBTQ House members rally behind soon-to-be colleague

Gay U.S. Rep. Mark Pocan (D-Wis.), who chairs the Congressional Equality Caucus, shared a statement with the Washington Blade on Tuesday.

“It’s been a while since Nancy Mace has had her 15 minutes of fame,” he said. “Republicans keep desperately lashing out against trans people to try and distract from the fact that this Congress has been one of the least productive in history—they can’t even pass a Farm Bill or pass major appropriations bills, so they turn to using these cruel attacks to distract from their inability to govern and failure to deliver for the American people.”

“Nancy Mace’s resolution is a pathetic, attention-seeking attempt to grab Trump’s eye and the media spotlight—and trans people, including trans employees, are paying the price,” Pocan added.

Several of the eight other LGBTQ House members, all serving as co-chairs of the caucus, had spoken out against the bill as of Tuesday morning.

“The cruelty is the point,” U.S. Rep. Becca Balint (D-Vt.) said. “Is that what we want the sergeant-at-arms to be doing when we had an attack on the freaking Capitol?”

“Let’s call this what it is: bullying,” Equality PAC Co-Chairs Ranking Member Mark Takano (D-Calif.) and Congressman Ritchie Torres (D-N.Y.) said in a joint statement. “Instead of working to lower daily household costs for families and provide real relief for those struggling across our country, House Republicans have decided to single out one newly elected Member of Congress and make her life more difficult for absolutely no reason at all.”

“This is nothing more than a pathetic attempt from a member who has repeatedly shown no interest in governing simply to make headlines and get attention,” they said. “Congress has a responsibility to focus on the issues that matter to all Americans, not to police who uses which bathroom.”

The congressmen added, “Equality PAC stands proudly with Sarah as we fight back against this baseless attack on her and the trans community. And we will always stand up to bullies – especially those we serve alongside in the US. Capitol Building.”

HRC condemns Mace’s resolution

Human Rights Campaign spokesperson Laurel Powell released the following statement on Tuesday:

“Let’s call this what it is: Rather than focusing on issues that matter to Americans, Rep. Mace is seeking a spotlight by cruelly discriminating against her incoming colleague, the first openly transgender person to be elected to Congress.

“Her resolution would also target trans people who have worked and served in the Capitol long before this month’s elections–more proof this is merely a political charade by a grown-up bully.

“It is another warning sign that the incoming anti-equality House majority will continue to focus on targeting LGBTQ+ people rather than the cost of living, price gouging or any of the problems the American people elected them to solve.”

On Friday, the Federal Bureau of Investigation stated they are now investigating a series of racist and offensive messages sent to LGBTQ+ communities and communities of color around the country. At first, text messages were targeted at Black Americans and African Americans, then the wave of hateful digital rhetoric spread to target the LGBTQ+ and Latin American communities. 

Earlier this month, the initial text messages were sent out to Black American and African American people regarding a fake work assignment that suggested they were going to be working as slaves in a plantation. College students, high school students, professionals and even children, reported receiving the mass texts from unrecognized phone numbers following the presidential election. 

Since then, at least 30 states throughout the nation have reported cases of similar messages containing hate-filled speech, according to CNN. 

According to the report issued by the FBI, the texts and emails that target the LGBTQ+ and Latin American communities stated that the receivers of these messages were selected for deportation or to report to re-education camps. 

The Federal Communications Commission’s enforcement bureau is investigating the text messages. Chair Jessica Rosenworcel issued a statement regarding the texts. 

“These messages are unacceptable,” said Rosenworcel. “That’s why our Enforcement Bureau is already investigating and looking into them alongside federal and state law enforcement. We take this type of targeting very seriously.”

The FBI reports that though they have not received reports of violence related to the messages, they are working with the Department of Justice Civil Rights Division, to evaluate all reported incidents across the U.S. 

Last year, the Leadership Conference Education Fund launched a report stating that hate crimes increase during elections, pointing to white supremacists being particularly active during the past four presidential election cycles.

A portion of the report reads: “The Trump candidacy empowered white nationalists and provided them with a platform — one they had been seeking with renewed intensity since the historic election of America’s first Black president in 2008. Since 2015, communities across the country have experienced some of the most violent and deadliest years for hate in modern history.”

If you have received a similar text or email, you can report it here.

Vice President Kamala Harris’s loss in the U.S. presidential election has elicited mixed reactions among LGBTQ+ activists in India.

A notable portion of Indians expressed support for now President-elect Donald Trump over Harris, even though her maternal lineage traces back to India. Her mother, Shyamala Gopalan, was born into a Brahmin family in Chennai in 1938, and her grandfather, PV Gopalan, hailed from the village of Thulasendrapuram in Tamil Nadu.

Harris’s loss prompted mixed reactions within the LGBTQ+ community.

While some individuals expressed disappointment, others backed Trump.

The Washington Blade in August reported that Harris’s grandfather moved to New Delhi to serve as a civil servant in British-ruled India. This move eventually facilitated Gopalan’s journey to the U.S., where she pursued biomedical science at the University of California, Berkeley a step that played a foundational role in shaping Harris’s future political aspirations.

The Washington Blade since Election Day has spoken with several LGBTQ+ activists and influencers in India.

Harish Iyer, a plaintiff in one of India’s marriage equality cases, in response to Trump’s election said the “path for queer liberation has never been straight.”

“The presidential election was filled with rhetoric from the Republican side against transgender persons,” said Iyer. “There has been a complete denial of the existence of transgender people and also widespread ignominy and ostracism. This, adding to the overturn of Roe vs. Wade, has aggravated tensions for everyone from gender variant persons to birthing parents of all genders.”

He further noted there is a strong change of more transphobic legislation and rhetoric in the U.S. with Trump in the White House, Republicans in control of the U.S. Senate and the U.S. House of Representatives, and a conservative majority on the U.S. Supreme Court.

“In a largely connected world, where many Indians and India-born people are in America, the effect of this will be palpable in India too,” said Iyer.

Indrani Chakraborty is a prominent social activist and advocate for transgender rights, particularly in northeast India. She has been outspoken about the challenges faced by her trans daughter.

Chakraborty said the effects will be felt around the world if Trump continues his transphobic rhetoric and the U.S. government does not support the LGBTQ+ community. Anwesh Kumar Sahoo, an Indian artist, writer, model, and the youngest winner of Mr. Gay World 2016, told the Blade that Trump’s policies are a setback in the ongoing fight for LGBTQ+ rights and visibility.

“It’s a strong reminder of how interconnected our struggles are globally,” said Sahoo. “It highlights the importance of standing up for equality everywhere.”

Abhijit Iyer Mitra, an LGBTQ+ activist and senior fellow at the Institute of Peace and Conflict Studies, in response to Harris’s loss said her Indian roots “really do not matter.”

“America expects assimilation and not just integration,” said Mitra. “She has no real connect to India in any sense or knowledge of India in any sense. So, being from here absolutely means nothing. She is American through and through, she has demonstrated no knowledge of India, no nothing, so it is what it is.”

“I am not really worried, certainly not from an Indian point of view because her particular political supporters are all viciously anti-India, but not Biden,” added Mitra. “Biden is pro-India. But Kamala, especially her supporters, belongs to the same woke circuit which would be… ‘Oh India … genocide happening’ etc. So just being Indian means nothing.”

While responding to the Trump campaign’s rhetoric on trans issues, Mitra said “the issue is not the transgender community, but the forcing of gender ideology on everyone, where you put kids on puberty blockers and have irreversible surgery done, and kids taken away from their parents.”

“I thought I was a girl when I was a kid,” said Mitra. “When I grew up, I realized that I was a man. I am very comfortable being who I am and thank God none of this happened. Had this happened now, I would have been taken away from my parents, asked to undergo surgery, and would not have been able to lead the life I am leading.”

“What is being propagated as this ‘trans ideology’ or ‘gender ideology’ is essentially homophobia, where you are told a man cannot be attracted to a man. A woman cannot be attracted to a woman. They are instead pushed to undergo irreversible sex changes and become something else,” added Mitra. “This is exactly what Iran does — they punish homosexuality with death, but if you have a sex change, it is considered acceptable.”

“There is nothing pro-LGBTQ about the Democrats — far from it. It is an LGBTQ genocide. It is erasing the viability of the LGBTQ community. It is a huge disservice to gender dysmorphic individuals, who are the ones who might genuinely need surgery. But why do they need surgery? It is because they are shunned by society and forced to undergo something that no one should have to endure,” said Mitra. “They need to be accepted and loved for who they are, not turned into something society demands them to be.”

Sarah McBride, a Democrat from Delaware, on Election Day became the first openly trans person elected to Congress. Biden, former President Barack Obama, California Gov. Gavin Newsom, and Illinois Gov. JB Pritzker are among those who specifically mentioned marriage equality and other LGBTQ+ rights during the 2024 Democratic National Convention in Chicago.

“Kamala’s defeat is a huge setback for our friends from the LGBTQ community in the U.S.,” Kalki Subramaniam, an activist, queer artist, and actor who is a member of India’s National Transgender Council, told the Blade.

“As a Tamil woman from Kamala’s mother’s state, I am disappointed that Kamala was not elected,” added Subramaniam. “As Kamala said, never give up and burn bright. For all my LGBTQ families around the world, let us support more leaders like Kamala Harris and strengthen them. Let us step forward and take leadership to win back all our rights.”

SWITZERLAND

The European Court of Human Rights has ruled that Switzerland cannot deport a gay Iranian refugee claimant, finding that the state’s argument that he’d be safe as long as he’s discreet is not reasonable. 

The decision, which was delivered Nov. 12, applies to all 46 members of the European Convention on Human Rights. 

The Swiss government acknowledged that the refugee claimant, known in the case as M.I., was a gay man and that gay men face persecution from state and non-state actors in his country of origin, Iran. But Switzerland had denied M.I.’s asylum claim, arguing that he could avoid persecution by using discretion and restraint in expressing his sexuality and that it was unlikely his sexual orientation would become known to Iranian authorities otherwise.

The court found this reasoning wrong, noting that M.I.’s sexual orientation could be discovered if he were deported to Iran, and the state had not addressed whether Iranian authorities would provide him with protection against ill-treatment. The court ordered Switzerland to reconsider M.I.’s claim in light of the lack of this protection. 

Homosexuality is illegal in Iran, with penalties including beatings and death. The court ruling notes that given criminalization of homosexuality, it is unreasonable to assume that an LGBTQ+ person can seek protection from authorities in Iran. 

Jacqueline McKenzie, a lawyer who represented Stonewall UK and African Rainbow Family in their intervention in the case, calls the decision a “watershed” that would help ensure protection for LGBTQ+ asylum seekers across Europe.

“I am delighted for not just my clients, Stonewall and African Rainbow Family, but for all gay people who continue to face the threat of removal to several countries where gay sex is prohibited by law and penal codes, and where in some instances, punishable by death, on the basis that they can be discreet about their sexuality,” McKenzie says in a statement.

“This is a watershed ruling that puts an end to the reasoning that it is safe to return gay men who are discreet about their sexuality to countries where they would be in danger if their sexuality were to be discovered.” 

ROMANIA

An LGBTQ+ activist is making history as the first openly queer person to run for parliament in upcoming elections set for Dec. 1.

Florin Buhuceanu is running for the liberal Renewing Romania’s European Project Party (REPER), a minor party that splintered from the Save Romania Union two years ago and currently holds 10 seats in the 330-seat lower house.

He says he’s running to advance LGBTQ+ rights, including the recognition of same-sex unions, which all political parties in Romania have refused to do so far.

Buhuceanu has a history of advocacy on same-sex couples’ rights. In 2019, he and his partner of 10 years joined 20 other couples in suing the government at the European Court of Human Rights over Romania’s refusal to recognize same-sex couples. Last year, they won their case, and Romania was ordered to recognize same-sex couples in a decision that set an important precedent continent-wide. 

But more than a year later, nothing has changed in Romania, because politicians have lacked the will to implement civil unions in the deeply conservative country. Buhuceanu says the lack of progress threatens democracy and rule of law.

“It’s sad that Romanian politicians are so lacking in courage to look around them and open up their eyes to the realities that are under their nose,” Buhuceanu told the news outlet Context. “This issue cannot be separated from what’s going on with the democracy status of Romania. It’s inconceivable to have final judgments that are not respected immediately.”

Buhuceanu also helped organize Romania’s first gay pride festival and led Accept, the country’s leading LGBTQ+ advocacy group. Buhuceanu and his partner also curate an LGBTQ+ history museum in their home in Bucharest, which is open to the public on weekends.

He says he’s running for parliament to drive change for the LGBTQ+ community.

“It’s the only community I’m aware of with zero political representation and this has to change,” Buhuceanu says. “We cannot wait, we should mobilize our people to occupy as many positions as possible. Otherwise, the anti-gender movement, these extreme political parties, will try to occupy the vacuum we have produced.”

JAPAN

A man is suing the Japanese government after a judge barred him from wearing rainbow-colored socks to a court hearing on same-sex marriage last year.

Ken Suzuki was wearing the rainbow-patterned socks when he attempted to observe the same-sex marriage trial in Fukuoka District Court in June 2023. He says he was told by court officials to hide the rainbow pattern ahead of the trial, and was only admitted after he folded the pattern inward, obscuring it.

He’s now joined two other individuals who were ordered to change or hide clothing with various expressions before attending other unrelated cases in a case before the Tokyo District Court seeking 3.3 million yen (approximately $21,000) in damages. 

Suzuki claims that the court overstepped its authority to maintain order by requiring that he remove the socks, as they did not disrupt the court proceedings. He also says the order was inconsistent, as he was able to wear the socks without issue while attending a different same-sex marriage trial at the Tokyo District Court. 

Several courts across Japan are weighing the rights of same-sex couples. Five of six lower courts that have heard same-sex marriage cases have ruled that the ban on same-sex marriage violates the constitution, as have two superior courts that have heard challenges. Further court hearings are expected in superior courts, and eventually at the Supreme Court. 

VANUATU

Vanuatu’s parliament has amended its marriage laws to explicitly ban same-sex marriage, amid a new crackdown on LGBTQ+ people in the South Pacific island nation. 

Prior to passage of the marriage law amendment, Vanuatu’s Marriage Act neither explicitly forbade nor permitted same-sex marriage. The new law now states that same-sex marriages may not be registered in Vanuatu.

Interior Minister Andrew Napuat told Radio New Zealand the law expresses the government’s opposition to LGBTQ+ couples. He also threatened anyone who attempts to conduct a same-sex marriage with revocation of their license.

“When the law was passed (Nov. 14), it made clear the government’s full intention, along with our leaders, that every pastor who performs marriage ceremonies must understand that they cannot conduct a ceremony that is against the law and expect it to be registered,” Napuat says.

“If anyone conducts a marriage that does not follow the spirit of the law passed today and seeks our registration, his or her license will be revoked to prevent further marriages. This applies to religious, civil, or traditional ceremonies.” 

Earlier this month, the Justice and Community Services Ministry announced it was forming a committee to draft a national policy banning LGBTQ+ advocacy in Vanuatu. 

The proposed crackdown comes after the president of Vanuatu’s Council of Traditional Chiefs said the activities of the country’s LGBTQ+ advocacy group VPride threaten traditional values and Christian beliefs.

While Vanuatu is a deeply conservative country, same-sex activity has never been illegal since independence from Britain and France in 1980.