A San Bernardino County judge permanently blocked Chino Valley Unified school board’s policy requiring staff to disclose students’ gender identity to parents without consent.

Judge Michael A. Sachs ruled on September 9, 2024, that the notoriously anti-LGBTQ Chino Valley Unified school board‘s policy is discriminatory,permanently halting enforcement.

“The San Bernardino Superior Court’s decision to issue permanent injunctive and declaratory relief against the Chino Valley Unified School District Board of Education’s forced outing policy is a tremendous victory for LGBTQ+ youth, their families, and the entire Chino Valley community,” said executive director Tony Hoang, regarding the ruling. “This ruling acknowledges that every student deserves to feel safe, respected, and supported in their schools — without fear of being outed against their will.”

Earlier this year, California became the first state to ban gender notification policies after Gov. Gavin Newsom signed AB 1955 into law. The bill was previously The Support Academic Futures and Educators for Today’s Youth Act, or SAFETY Act. 

This move was seemingly the last straw tieing Elon Musk to San Francisco, because shortly after the bill proposed by Assemblyman Chris Ward (D-San Diego) was signed into law, Musk announced that he was moving X and SpaceX operations out of California and into Texas. 

Last Summer, Attorney General Rob Bonta addressed the Chino Valley Unified School District, urging them to protect student privacy and autonomy. 

“By allowing for the disclosure of a student’s gender identity without their consent, Chino Valley Unified School District’s suggested Parental Notification policy would strip them of their freedom, violate their autonomy, and potentially put them in a harmful situation,” said Att. General Bonta in a statement. “Our schools should be protecting the rights of all students, especially those who are most vulnerable, and should be safeguarding students’ rights to fully participate in all educational and extracurricular opportunities.”

The Chino Valley USD policy required certified staff, school counselors and principals to inform students’ parents – with minimal exceptions – when a student requests to change their name, pronouns, access restroom facilities or joining athletic teams that do not align with their assigned gender at birth. 

The Court initially granted a temporary restraining order and then a preliminary injunction, or ‘temporary relief,’ while the ruling was to be made. 

The case document states that the Board of Directors voted 4-1 to adopt the policy. 

The solo board member who voted against the policy stated that “shutting the door on students confiding to a staff member or a teacher, thereby preventing the school from being a ‘supporting place’ and that the ‘notification process’ was effectively throwing students back into the closet and slamming the door.” 

The court document also states that “The Board did not cite or describe any statistical or qualitative evidence to support the policy, nor were the statements made considering alternative policies (including gender-neutral alternatives). 

Liberty Justice Center, the conservative law firm that represented the district last year, then said it would appeal the decision to sue the district over the policy. 

Chino Valley USD began enforcing the policy last summer and by March 7, rescinded it. By August, their continued attack on LGBTQ+ issues continued with their proposed ban on LGBTQ+ books, stating that they are “sexually obscene.” 

Though the District rescinded the parental-notification policy, the Board continued to build a case for it and ultimately continued to stand by it. 

Sonja Shaw, the Board’s president whose term expires in 2026, stated that she believed these parental notifications would ensure that gender non-conforming individuals would “get better.”

The justification for the policy was that it aided in fostering communication and trust between parents and the District. 

The case document also states that the policy is for parents to exercise “effective control” over their children. It notes the Parham v J.R (1979)  Supreme Court case where it indicated that parents’ rights can oftentimes trump over the rights of their children. 

The court also referenced Mirabello v Olson (2023), a case brought forward by two religious teachers at Rincon Middle School who are in favor of the gender-notification policy being enforced in their district. 

The judge ruled in favor of the teachers and stated that they could not be forced to “deceive parents about their children’s gender identity preferences.”

The court document for the case against Chino Valley USD further states however, that “although parents have undeniable rights, a determination that the Old Policy is unconstitutional does not directly infringe upon those rights.” 

This means that parents’ rights to communication and trust with the Board of Education –as well as staff and faculty at their child’s school– is not under threat if this parental-notification policy is struck down permanently. 

The relationship between parents and their children is not under threat. 

The judge stated that “even if some infringement of parental rights occurs, the Court must still balance the competing equal protection interests and there are less restrictive means that restrict both.”

In an enlightening interview with the Los Angeles Blade, Chris Tompkins, author of “Raising LGBTQ Allies,” shares invaluable insights on fostering acceptance and understanding in families and communities. Tompkins, inspired by a personal experience with his young nephew, delves into the complexities of discussing gender and sexuality with children, addressing internalized biases, and the importance of proactive, open conversations. His book, which has garnered critical acclaim, offers a compassionate guide for parents, educators, and LGBTQ individuals alike, aiming to create a more inclusive world for future generations.

Los Angeles Blade: What inspired you to write “Raising LGBTQ Allies”?

Chris Tompkins: A question from my six-year-old nephew inspired me. Despite being out and supported by my family, he asked if a woman sitting next to me was my girlfriend. This made me realize that homophobia can be multilayered, sophisticated, and sometimes manifest as silence.

Los Angeles Blade: How did your upbringing influence your work?

Chris Tompkins: Growing up gay in a religious household, I struggled with my relationship with God. Reconnecting with my version of a “higher power” was transformative. My experiences teaching social-emotional learning and working with the LGBTQ community have shown me the importance of spirituality and self-love.

Los Angeles Blade: Why is your book important for LGBTQ community members, whether they have kids or not?

Chris Tompkins: It helped me realize my own responsibility in raising LGBTQ allies, even as a single, out-of-state uncle. The book encourages LGBTQ individuals to embody the change they want to see in younger generations.

Los Angeles Blade: Who could benefit from your book?

Chris Tompkins: While it’s titled for parents, “Raising LGBTQ Allies” is also a resource for LGBTQ community members to heal from trauma and toxic shame, especially given the current surge of anti-LGBTQ legislation.

Los Angeles Blade: Why is addressing trauma and shame important for the LGBTQ community?

Chris Tompkins: Trauma stems from chronic invalidation, which is common in the LGBTQ experience. Addressing these issues is crucial for mental, emotional, and spiritual wellbeing.

Los Angeles Blade: Can you explain the concept of trauma in the context of LGBTQ experiences?

Chris Tompkins: Trauma can be subtle and insidious, like the “thousand paper cuts” of chronic invalidation. Even in seemingly accepting environments, internalized shame can persist, affecting mental health and leading to coping mechanisms like substance abuse.

Los Angeles Blade: What is “Benign Neglect” and how does it relate to LGBTQ issues?

Chris Tompkins: “Benign Neglect” refers to the unintended consequences of not communicating about important issues. In LGBTQ contexts, it’s often manifested as parents avoiding discussions about gender and sexuality with children, which can inadvertently perpetuate shame and misunderstanding.

Los Angeles Blade: How can parents discuss sexuality with young children in LGBTQ-affirming ways?

Chris Tompkins: Include same-sex examples in everyday conversations and challenge gender stereotypes. Start these discussions early – children as young as six can understand these concepts when explained appropriately.

Los Angeles Blade: How can adults ensure a child has a healthy space for self-discovery?

Chris Tompkins: Be curious and create space for open, honest conversations. It’s our responsibility to learn who children are, not for them to teach us.

Los Angeles Blade: Any advice for adults uncomfortable with these conversations?

Chris Tompkins: Focus on keeping open, not keeping up. It’s okay to feel uncertain, but don’t let that prevent you from having these important discussions.

Los Angeles Blade: What’s your perspective on the recent surge of anti-LGBTQ legislation?

Chris Tompkins: It’s a countercultural dynamic, like a pendulum swinging back after progress. This emphasizes the importance of proactive conversations to challenge bias and raise allies.

CHRIS TOMPKINS is an LGBTQ-affirming therapist who specializes in gay men’s identity and religious trauma.

Los Angeles Blade: Can you discuss problematic language in LGBTQ conversations?

Chris Tompkins: Words like “issues,” “lifestyle,” “different,” and “trend” can be harmful. They often carry subconscious bias and can unintentionally perpetuate the idea that being LGBTQ is a choice. It’s important to be mindful of our language.

Los Angeles Blade: How can we recognize and unravel our own biases?

Chris Tompkins: Start with self-reflection. Recognize that growing up in a heteronormative culture affects everyone’s beliefs. Consider the possibility that children in your life might be LGBTQ to help disrupt heteronormative thinking.

Los Angeles Blade: What are “messages from the playground”?

Chris Tompkins: It’s a metaphor for subconscious beliefs we pick up in childhood about gender, sexuality, and identity. These “messages” shape our worldview and can perpetuate shame if not addressed.

Los Angeles Blade: When and how should parents answer questions about where babies come from?

Chris Tompkins: Answer when children ask, as their curiosity indicates readiness. Use age-appropriate explanations. Discussing gender and sexuality early helps remove shame and fosters respect for these aspects of identity.

Los Angeles Blade: What’s the most important message you hope parents take from your book?

Chris Tompkins: This is a conversation for all parents, not just those with LGBTQ kids. Do the work yourself and maintain open, honest dialogues with your children.

Los Angeles Blade: How can readers engage more with your work?

Chris Tompkins: Visit my website, www.aroadtriptolove.com, or find me on Instagram: @aroadtriptolove.

Los Angeles Blade: What’s next for you and the book?

Chris Tompkins: “Raising LGBTQ Allies” has been published in Spanish and Vietnamese, with a paperback release on October 1st. It recently received the 2024 APA Distinguished Book Award, which will help it reach more readers, including educators and administrators.

Los Angeles Blade: Where can we find your book?

Chris Tompkins: It’s available wherever books are sold. You can pre-order the paperback edition now.

Los Angeles Blade: Any final advice?

Chris Tompkins: Don’t let fear of saying the wrong thing prevent you from speaking up. Ask for guidance, follow your heart, and remember that having these conversations is changing the narrative for future generations.

CHRIS TOMPKINS is an LGBTQ-affirming therapist who specializes in gay men’s identity and religious trauma. His work has been featured on TEDx, NBC, HuffPost, Psychology Today, the Advocate, and more. An uncle of five, Chris believes the privilege of a lifetime is being able to affirm all children for who they are. www.aroadtriptolove.com 

Pope Francis on Tuesday met with two LGBTQ activists from Africa at the Vatican.

Clare Byarugaba of Chapter Four Uganda posted to her X account a picture of her sitting next to Francis. A video that she shared shows Juan Carlos Cruz — a gay Chilean man who is a survivor of clergy sex abuse and a member of a commission that advises Francis on protecting children from pedophile priests — introducing her to the pontiff.

Cruz is also a member of the GLAAD board of directors.

Byarugaba, who also founded PFLAG Uganda, said she was “honored to meet” Francis. She added she briefed him on “the ruinous impact of Uganda’s two in a decade anti-LGBTIQ rights laws,” including the Anti-Homosexuality Act that President Yoweri Museveni signed in 2023, and “the gross human rights violations therein.”

“He reiterated discrimination is a sin and violence against LGBTIQ communities is unacceptable,” said Byarugaba.

The Washington Blade has reached out to Byarugaba for additional comment.

Francis on Tuesday also met with Rightify Ghana Director Ebenezer Peegah.

“With LGBTQI+ criminalization rising in Africa, and Ghana’s anti-LGBTQI+ bill pending, we shared our experiences as queer individuals in Ghana and expressed gratitude to the pope for his progressive stance, especially his opposition to violence and discrimination,” said Rightify Ghana on X. “Pope Francis encouraged us to ‘keep fighting for your rights,’ and that’s exactly what we will do.”

On Tuesday, August 14, 2024, Rightify Ghana’s Director @Ebenezer_Peegah had the honour of meeting Pope Francis @Pontifex at the Vatican.

With LGBTQI+ criminalisation rising in Africa, and Ghana’s anti-LGBTQI+ bill pending, we shared our experiences as queer individuals in.. pic.twitter.com/tYfW1X4W6D

— Rightify Ghana (@RightifyGhana) August 15, 2024

Francis during a Jan. 24, 2023, interview with the Associated Press said homosexuality is not a crime and laws that criminalize it are “unjust.” Francis a few days later reiterated these comments during a press conference on board his plane after it left South Sudan, a country that borders Uganda.

Consensual same-sex sexual relations remain criminalized in South Sudan.

“The criminalization of homosexuality is a problem that cannot be ignored,” Francis told reporters. “Criminalizing people with homosexual tendencies is an injustice.”

Uganda’s Anti-Homosexuality Act, among other things, contains a death penalty provision for “aggravated homosexuality.”

The U.S. after Museveni signed the law imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

The Ugandan Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

More than a dozen activists appealed the ruling to the country’s Court of Appeal. They filed a second appeal with the Supreme Court on July 11.

Angola, Botswana, Mauritius, and Seychelles are among the countries that have decriminalized consensual same-sex sexual relations over the last decade.

The Namibian government last month appealed a ruling that struck down the country’s apartheid-era sodomy laws.

Burkina Faso’s military government on July 10 announced it plans to recriminalize consensual same-sex sexual relations in the nation. The Ghanaian Supreme Court on July 24 upheld the country’s colonial-era sodomy law.

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that would, among other things, criminalize allyship. President Nana Akufo-Addo has said he will not sign the bill until the Supreme Court rules on whether it is constitutional or not. 

The Indian LGBTQ community is gradually gaining momentum in their fight for rights; bolstered by increasing support from courts, the public, NGOs, and even some politicians. 

According to Pinklist India’s 2024 report, which archives politicians supporting LGBTQ rights, only 108 MPs have been vocal on LGBTQ issues, a notable decline from the 161 MPs in the previous parliament. In this context, “vocal” means that politicians have made public statements on LGBTQ issues, whether positive, negative, or controversial.

As India prepared for the 2024 general election, various political parties included LGBTQ concerns in their platforms. 

The Indian National Congress, for example, has promised to introduce a bill that would recognize civil unions for LGBTQ couples after wide consultation. Similarly, the Communist Party of India has pledged several commitments, including amending the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples similar to marriage.

The Prime Minister Narendra Modi-led Bharatiya Janata Party and its coalition partners, meanwhile, had promised in their campaign platform to include the transgender community in the Ayushman Bharat Yojana, a national health insurance program for low-income citizens. The BJP also pledged to incorporate the trans community into the Garima Greh program, which provides shelter, food, medical care, and recreational facilities for destitute and abandoned trans people.

No official records exist on the LGBTQ population in India, but the 2012 Census estimated it at 2.5 million. Population data on LGBTQ people is scarce, with the government only tracking those who identify as “third gender” or “transgender” and are registered.

Only a few LGBTQ candidates ran in this year’s general election, with the majority of them withdrawing. Of the three candidates who ran, none secured a sixth of the total valid votes, resulting in all of them losing their deposits.

Election Commission of India (ECI) data indicates there are 48,000 registered trans voters. Only 20 percent of them participated in the general election.

Pinklist India data in 2020 revealed that only 27.8 percent of 543 MPs had addressed LGBTQ issues in their political careers. The highest number of these MPs belonged to the Nationalist Congress Party, the Indian National Congress, and the Communist Party of India. Pinklist India also created interactive tiles on India’s map, titled “State of QUnion,” recording statements on LGBTQ issues made by each MP.

Data from 2020 offers deeper insights into how politicians’ stances on LGBTQ issues evolve after joining a particular party. 

Jothimani Sennimalai, an Indian National Congress MP from Karur, Tamil Nadu, for example, has consistently supported queer issues both before and after entering politics. Conversely, Bengaluru South BJP MP Tejasvi Surya, who previously supported marriage equality, has remained silent on the issue since his election. The Washington Blade reached out to Surya multiple times for an interview, but received no response.

Interestingly, previous data revealed a curious trend among many MPs. 

Although they were vocal about trans issues outside parliament, they never engaged in debates on trans laws within it. Their silence in parliamentary chambers contrasted sharply with their public statements, painting a complex picture of political advocacy.

The Blade uncovered a striking disparity: Despite political parties pledging inclusion of the LGBTQ community in their election platforms, no major politicians addressed LGBTQ concerns during their campaign rallies. It was as if these promises, vibrant on paper, vanished into thin air when it came time to speak on the campaign trail.

The Blade reached out to Meera Parida, a trans politician from Odisha’s Biju Janata Dal, for her thoughts on the issue. 

“It is very sad that it has happened,” she said with a mix of disappointment and resolve. 

Parida lamented that during the passage of the Transgender Persons (Protection of Rights) Act in 2019, only regional parties stood in support of the bill, highlighting a gap in broader political commitment.

“Unfortunately, we have to meet and sensitize new parliamentarians about the issue,” said Parida. “It is very sad that those leaders and members of Parliament are doing this who are supposed to raise voices for everyone including LGBTQ people of the country. We say that India is the world’s biggest democracy, we talk about equality, we talk about Sabka Sath Sabka Vikash (inclusion and development for all, a slogan Modi used during the election campaign), so does LGBTQ people not come under ‘all’? If parliamentarians behave like this, what will be the impact on the society?”

She raised a question stating that LGBTQ people are born naturally just like males or females, so why there is so much stigma regarding the community? Parida told the Blade that despite so many Supreme Court rulings and parties including LGBTQ issues in their election platforms, not a single party gave the opportunity to LGBTQ people to fight the election from the party platform.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

The storm that was India’s general elections has finally settled, leaving behind a landscape transformed by democratic choice. 

The Bharatiya Janata Party, under the leadership of Prime Minister Narendra Modi, clinched a decisive victory with a majority in parliament with 293 seats. The daily hum of life is returning to normal as the country resumes its rhythm amid the sweltering heat of summer.

Beneath the surface of political triumph and routine, however, there lies an overlooked narrative: The story of the transgender community. In the vibrant tapestry of this election, trans people remained a subtle but significant thread. A few trans people for the first time boldly stepped into the political arena, running for office and asserting their right to representation.

Rajan Singh, 26, was the youngest trans candidate.

She hails from New Delhi, the bustling heart of the nation. Singh secured 300 votes and lost the election, but as the first and youngest independent candidate to run in the recent general elections, her story is one of ambition and audacity. In a political landscape dominated by well-established parties and seasoned politicians, Singh’s decision to enter the fray as an independent was both bold and inspiring.

With her soft and humble voice, Singh told the Washington Blade that even after 75 years of independence, India still lacks even 75 public restrooms dedicated to the trans community. She highlighted a stark reality: There is no platform available for trans people who want to raise their voice on important issues.

Singh expressed her frustration and disappointment, pointing out the irony in India’s highly regarded constitution. 

“Our constitution begins with ‘We, the people of India,'” she said, “Yet in these 75 years, that ‘we’ has never truly included us.” Her words shed light on the ongoing struggle for recognition and equality faced by the trans community in a country that prides itself on its democratic values and inclusive ethos.

“That was the main reason I decided to fight in the 2024 general election,” said Singh. “I am the first, youngest candidate from India’s capital, New Delhi. When I was born in 1997, my identity was male. In 2022, the government certificate indicated I was transgender, and in 2024, the Election Commission of India (ECI) issued a certificate stating me as third gender. When I apply for a government job, I become ‘others.’ so one person has four identities. Most strikingly all these identities are not mine. I identify as a trans woman and no one recognizes my feelings and identity.”

Singh told the Blade that when she filed her nomination for the election, her primary goal was to bring the real identity of the trans community to the center stage of the country. She explained her candidacy was a means to breathe life into the identity of her community, asserting that if people had acknowledged the trans community’s presence over the past 75 years, they would have been granted the same rights as other citizens.

With a voice tinged with pain, Singh told the Blade that if the trans community had been truly recognized as alive, there would have been moments when people saw the community speaking out. 

“There would have been a time when we had a leader to represent us, a chief minister, and even a prime minister,” she said. “But there is no one for the transgender community.”

During her interview with the Blade, Singh shared a slogan she coined for her election campaign: “Sauchalay se Sansad Tak” or “From the toilet to parliament.” This slogan encapsulated her mission to elevate the trans community from the margins of society to the heart of the nation’s decision-making process.

Singh told the Blade only a few trans people voted in the last election. However, this time, however, 228 trans individuals cast their votes in Delhi, a significant increase fueled by the community’s belief that someone was finally standing up for them.

“I was manhandled and threatened on the streets just for announcing my candidacy in the 2024 General Elections,” said Singh. “I was told ‘Chakka’ (a slang word for trans people), I was told how could we fight in election. When I went to the cops to file a First Information Report, they did not file my report. On April 29, Delhi High Court provided me heavy police protection and with that I went to file my nomination for election. If High Court would not have given me the police protection, I would not have been able to file my nomination.”

She told the Blade that society has been conditioned to view the trans community as only beggars and prostitutes, a misconception that is far from the truth. Singh emphasized these stereotypes have long overshadowed the diverse and significant contributions of trans people. Her campaign sought to challenge these harmful narratives and showcase the true potential and worth of the trans community. 

While talking to the Blade, Singh said India’s trans community has not seen much progress in the last 75 years. She acknowledged Modi has taken some steps for the community, notably with the passage of the Transgender Persons (Protection of Rights) Act in 2019, which has increased awareness among ordinary citizens.

Singh, however, emphasized these efforts are not enough and much more work needs to be done. With great hope and determination, she called on the prime minister to establish a National Transgender Commission. This, she argued, would provide the necessary platform and resources to address the ongoing challenges faced by the trans community, ensuring their rights and dignity are fully protected and promoted.

“The world has seen for the first time in the last 75 years, that during the prime minister’s swearing-in ceremony this year three transgender people were invited,” said Rajan. “I was one of them.”

With immense pride and positivity, Singh stated this is not a loss for her or the community. She views it as a significant victory. For the first time, the trans community voted for one of their own. It marked the historic moment when a trans individual’s name appeared on the Electronic Voting Machine, an integral part of India’s voting system. This election symbolized a newfound self-respect and empowerment, as members of the trans community proudly pressed the button on the EVM, voting for representation and a brighter future.

“We will prepare and fight for the establishment of National Transgender Commission in the country,” said Singh. “We will pressure those political parties who will support the creation of the National Transgender Commission and basic services for the community, we will support them. I will again fight the election.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

NEW DELHI — In a vibrant democracy like India, the anticipation surrounding election results is always palpable.

On Tuesday, the stakes were incredibly high, especially for the LGBTQ+ community. The air was thick with suspense, and social media platforms buzzed with the anxiety and hopes of millions. As the night wore on, discussions flourished, emotions ran high, and the country collectively held its breath. The results, which trickled in at their own unhurried pace, promised to shape the future landscape of India’s social and political climate.

The Election Commission on Tuesday announced the much-awaited results.

The Bharatiya Janata Party, led by its charismatic leaders, not only retained power but also strengthened its position with a clear majority. With 293 seats, the coalition comfortably surpassed the majority mark, ensuring a third consecutive term for Prime Minister Narendra Modi.

Despite supporters’ hopes and high expectations for a resounding victory, the election results did not fully meet their aspirations. This sense of disappointment was palpable, especially considering the extensive campaigns and efforts made ahead the elections.

All the regional and national parties came together, forming the formidable Indian National Developmental Inclusive Alliance to challenge the Modi-led National Democratic Alliance. This INDIA alliance, a vibrant coalition of 34 parties, stood united, mostly in opposition to Modi’s policies and leadership.

The BJP has recently articulated its position on LGBTQ+ rights in India.

The government’s opposition to marriage equality in the Supreme Court highlighted their stance against nuptials for same-sex couples. By acknowledging the commitment made by the Supreme Court on issues faced by the LGBTQ+ community, however, the government did establish a dedicated committee to address them.

This committee, formed in April and chaired by Cabinet Secretary Rajiv Gauba, aims to address critical concerns that include healthcare access, pension entitlements, and property rights for LGBTQ+ people.

The inclusion of secretaries from various key ministries signifies a comprehensive approach to addressing these multifaceted challenges. The committee’s creation also underscores the government’s recognition of the LGBTQ+ community’s unique needs and its commitment to ensuring their rights and well-being are systematically addressed.

Despite their alliance, the opposition parties approached the election with individual manifestos rather than a unified platform. This disjointed strategy meant that only two of the 34 parties made explicit commitments to the LGBTQ+ community.

The Indian National Congress, one of the major opposition parties, promised to introduce a bill that would recognize LGBTQ+ couples’ civil unions. The Communist Party of India (Marxist) also pledged to enact pro-LGBTQ+ laws and underscored the need for legislative measures to protect and promote the rights of LGBTQ+ people.

The LGBTQ+ community throughout the election campaign found itself largely overlooked in the opposition parties’ public discourse. LGBTQ+ rights were conspicuously absent from Indian National Congress leaders’ campaign speeches, despite the promises they made in their platforms.

Rahul Gandhi, the prominent Indian National Congress figurehead, failed to address LGBTQ+ rights in his speeches, even in Uttar Pradesh and other states with significant LGBTQ+ populations.

Twenty-eight percent of India’s transgender population lives in Uttar Pradesh. The state, along with others with substantial LGBTQ+ communities, saw no mention of issues that are critically important to them during Gandhi’s rallies and public speeches.

This disconnect between the promises made in manifestos and the topics discussed on the campaign trail underscores a broader issue within political campaigning, where marginalized communities often struggle to find a voice. Despite the written commitments to LGBTQ+ rights, the lack of vocal support during the campaign highlights the ongoing challenges in bringing these important issues to the forefront of political debate.

Several independent LGBTQ+ candidates, in a remarkable display of political participation, entered the fray during election campaign. They include Sunaina Kinner, a trans woman who ran for office in Jharkand state’s Dhanbad constituency.

Kinner faced considerable challenges and lost the election.

She received 3,462 votes, a modest number in the face of entrenched political dynamics. The NOTA (None of the Above) option received 7,354 votes in Kinner’s constituency, indicating a substantial number of voters were dissatisfied with all available candidates.

The BJP’s election manifesto reflected a limited focus on the broader LGBTQ+ community, opting instead to highlight specific initiatives for trans people. The party has promised to improve healthcare access for them.

By promising to include trans people in health programs and offer free health insurance coverage through the prime minister’s Ayushman Bharat Scheme, the BJP aims to provide essential medical support and financial protection. This initiative could potentially improve healthcare outcomes for many trans people, ensuring they receive the necessary medical attention without the burden of financial constraints.

The brevity of the party’s mention of trans issues and the absence of broader LGBTQ+ legislation, however, indicates the party’s stance on LGBTQ+ issues.

After a key meeting of the NDA on Wednesday that the BJP led, Modi was elected party leader and will submit to President Droupadi Murmu on Friday a formal request to form the government for the third consecutive time. The INDIA alliance will sit in opposition.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

MEXICO CITY — Former Mexico City Mayor Claudia Sheinbaum on Sunday became the first woman elected president of Mexico.

Sheinbaum, a scientist who is a member of outgoing President Andrés Manuel López Obrador’s leftist Morena party, defeated Xóchitl Gálvez of the opposition National Action Party and Jorge Álvarez Máynez of the Citizens’ Movement. She will also be Mexico’s first Jewish president.

“Thank you to the people of Mexico,” said Sheinbaum on her X account. “This is your triumph, this June 2 we once again made history.”

Mexican voters elected Sheinbaum less than a year after Mexico City hosted an LGBTQ+ and intersex rights conference that the LGBTQ+ Victory Institute co-sponsored. The election also took place against the backdrop of rampant cartel violence in Michoacán and other Mexican states. 

Sheinbaum before the election released a policy paper that reiterated her support for LGBTQ+ rights in Mexico. The platform, among other things, reiterated “absolute respect for diverse gender identities” and pledged to create “public policies to (end impunity) and to eradicate hate crimes and violence against LGBTIQ+ communities because of gender and sexual orientation.”

“Without diversity, there is no democracy,” read the paper.

Mexican Congresswoman Salma Luévano, who is transgender, is among those who congratulated Sheinbaum. Claudia López, the former mayor of the Colombian capital of Bogotá who is a lesbian, in a post to her X account described Sheinbaum’s election as a “cultural and political transformation” for Mexico.

“Claudia Sheinbaum has on her shoulders the largest popular mandate in Mexican history and the necessary institutional equilibrium that depends so much on her talent and style of leadership,” said López. “I am sure that her human, professional, scientific training and her feminine empathy will allow her to honor history and her role in it.”

The Washington Blade will update this article.

By Erin Reed | LONDON, UK – On Friday, the National Health Service, (NHS England) sent a letter to every patient on the waiting list for puberty blockers, stating that possession of such blockers will be considered a crime.

The letter follows an edict issued by Conservative Secretary of State for Health and Social Care Victoria Mary Atkins and also mandates that transgender youth who obtained their puberty blockers through private doctors must discontinue their medication.

This letter and edict mean that the United Kingdom now has some of the harshest policies targeting transgender youth of any liberal democracy in the world.

On May 29th, Atkins announced on twitter, “Today I have taken bold action to protect children following the Cass Review, using emergency powers to ban puberty blockers for new treatments of gender dysphoria from private clinics and for all purposes from overseas prescribers into Great Britain.”

Following the announcement, she linked to an edict declaring an “emergency prohibition” on puberty blockers in England, Wales, and Scotland.

The prohibition relies on a decades-old law that allows for the emergency prohibition of medications without the need for a full legislative process; no vote was taken on the edict, and the order was issued just before parliament dissolved for the general election, meaning it could not be overturned.

According to UK-based advocate Trans Safety Now, the last and only time such powers were used was in response to deaths among users of an herb found in some Chinese medicine in 1999. Jo Maugham, who leads the Good Law Project, stated about the use of these powers, “It is breathtaking that thousands or tens of thousands of loving families are going to be criminalized by a law made by a Minister, never approved by Parliament, subject to no consultation and the media is not reporting it.”

On Friday, following the announcement, Lee Hurley of Trans Writes released a copy of a letter sent to families on the NHS waiting list for puberty blockers. The letter indicates that those receiving puberty blockers from the NHS can continue taking them.

However, given the enormous wait lists, a substantial number of families opted to get their puberty blockers through private practitioners registered in the European Economic Area or Switzerland—a fully legal practice in the United Kingdom.

For those receiving their care through those systems, the letter states, “You will need to stop taking GnRH analogues unless you are newly prescribed them by a UK-registered doctor, nurse, or pharmacist. These medications can be safely stopped and you do not need to be weaned off.”

Critically, the edict does not only target providers; it also targets patients and their families. The letter states, “It will also be a criminal offence to possess these medicines, where the individual had reasonable cause to know that the medicine had been sold or supplied in breach of the ban.”

When asked about this provision, Jo Maugham stated, “It basically says puberty blockers are being treated like other illegal drugs like cocaine and heroin.” He then followed up with the applicable law, which indicates that those who violate the ban could be imprisoned for two years.

The decision comes following the publication of the Cass Review, a highly politicized document developed with a secretive list of advisors, some of whom were later found to be meeting regularly with political operatives of Republican Governor Ron DeSantis in Florida. These meetings were in support of a ban on transgender care in the state. One advisor, Dr. Riittakerttu Kaltiala, held numerous meetings with DeSantis’ handpicked anti-trans doctors, such as Dr. Patrick Hunter of the Catholic Medical Association, according to court documents challenging actions taken by Florida targeting transgender care.

Even Dr. Cass herself attended at least one of these meetings. Both the Endocrine Society and the American Academy of Pediatrics have since issued statements rejecting the Cass Review, stating, “Medical evidence, not politics, should inform treatment decisions.”

The actions being taken by the United Kingdom government are extreme among liberal democracies. In the United States, no state has explicitly criminalized the possession of gender-affirming care medications.

The closest any state has come is Texas, where in 2022, Governor Greg Abbott attempted to investigate the parents of transgender youth for child abuse. These investigations were subsequently blocked in court by Texas judges, who are notably quite conservative.

There may still be more avenues to access medication in the United Kingdom. The order does not cover hormone therapy, for instance, so some transgender youth who are taking puberty blockers could potentially opt to transition to hormone therapy earlier than planned. Additionally, puberty blockers can be administered via injection or implantation, which might provide alternative methods for those affected.

Gender GP, one of the largest private providers in the United Kingdom of transgender care, said in a statement, “We know that the interference in medicine and healthcare by the government will lead to serious harm for millions of patients and even death including those within the trans community. We remain committed to working with the government and the community to find solutions to prevent harm wherever it exists.”

Jo Maugham of the Good Law Project stated of a potential challenge to the edict, “An urgent legal challenge is being prepared to these highly irresponsible regulations and we will help to fund it,” requesting donations to support the challenge. As of noon on May 31, 2024, Greenwich Time UK, the crowd funder raiser was 70% funded.

******************************************************************************************

Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

******************************************************************************************

The preceding article was first published at Erin In The Morning and is republished with permission.

By Esteban Rioseco | CARACAS, Venezuela – Activists throughout the region agree the elections offer a crucial opportunity to advance the inclusion and protection of the rights of their community amid far-right advances.

Venezuela’s presidential election will take place on July 28, while Brazil’s municipal elections will happen on Oct. 6. Regional and municipal elections will take place in Chile on Oct. 27. Uruguay’s congressional elections are slated to occur on the same day.

María José Cumplido, executive director of Fundación Iguales in Chile, emphasized the importance of having LGBTQ representation in politics. 

“It is fundamental because LGBTQ+ people tend to support laws or public policies aimed at protecting the community,” Cumplido told the Washington Blade. “In that sense, it is important that the voices of these people are heard because, obviously, they know the reality more closely and many times they have lived it.” 

Cumplido noted “LGBTQ+ representation has grown notoriously in recent years, so much so that today there is an LGBTQ+ caucus in Congress.” 

“That is good news,” said Cumplido.

Ignacia Oyarzún, president of Organizado Trans Diversidades (Organizing Trans Diversities or OTD), also from Chile, highlighted the observation and registration work the Trans Voting Observatory of Latin America and the Caribbean has done. Oyarzún also noted the promotion of transgender candidates as a way to combat misinformation a promote respect for the community’s political rights.

“We monitor the situation of the political rights of our communities in the region and establish guidelines through which we encourage respect for the right to elect representatives and to be elected,” said Oyarzún. “We also maintain initiatives that have to do with the dissemination of trans candidacies and news that go against the disinformation established through false news that have begun to circulate through the various social and political media.”

Collette Spinetti, president of the Colectivo Trans del Uruguay, pointed out the challenges faced by LGBTQ people in politics, especially trans people.

“The biggest challenge is to achieve trustworthiness especially towards gender-dissident people in their ability to be able to hold public office,” said Spinetti.

“In Uruguay politics is still quite macho, especially in the so-called traditional and right-wing parties where there is no political representation of members of the LGBTIQ+ community,” Spinetti further explained. “On the left, although there is, thanks to internal work, female representation, there is still a lack of work.”

“In this sense the scarce LGBTIQ+ representation is present through gay men,” added Spinetti. “There is still no representation of publicly lesbian people and only one representation in the interior of the country of a trans woman.” 

In Brazil, Keila Simpson, president of Associaçao Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals or ANTRA), highlighted the diversity of LGBTQ representation in the country’s politics. Simpson nevertheless recognized the importance of mandates that go beyond identity and address a wide range of issues that benefit the entire community.

“The challenges for LGBTQIA people when it comes to applying for positions in Brazil are many,” she said. “The first one is the way Brazilian society sees this stigmatized and completely stereotyped population. If we think about the trans population, this violence is even greater, since in addition to being smaller in number, the discrimination is even greater because this population is commonly associated with eroticism and hypersexualization of their bodies, and these are the main problems these people face. they are associated when they run for prominent positions or leaders, even in the partisan political arena.” 

In Venezuela, Richelle Briceño, a trans woman and former congressional candidate, on the other hand, lamented the lack of presidential candidacies that explicitly defend LGBTQ rights. She noted the country still faces fundamental challenges that prevent a serious debate on these issues.

“There are candidates who have expressed themselves against non-discrimination, but that’s as far as it goes,” Briceño recounted. “There are no specific candidates that I can tell you who even handle what the definition of the word queer is and how it is understood, let’s say, within LGBTQ+ activism.”

Briceño said María Corina Machado, an opposition leader who President Nicolás Maduro’s government has barred from running for office, has “come out in favor of issues such as equal civil marriage and the issue of recognition of trans identities.” Briceño noted to the Blade that Edmundo González Urrutia, who is running as her surrogate, did not meet with LGBTQ activists until last week.

“These activists exposed their points of view, however, the current candidate leading the polls has not made a public statement regarding his position or what his position will be on the issues of LGBT rights in Venezuela,” said Briceño.

Briceño further stressed that Venezuela “is still in a cave.” 

“Here the country is in the basics, the country is in not losing electricity, in having water and in seeing how people eat daily,” she said. “The political and economic crisis that we have lived through for two decades, and with more depth in the last decade, has not allowed for a serious debate on the issues of the 21st century, including the rights of sexual diversity populations or the LGBT population and women”.

José Rodríguez, a Venezuelan psychologist who, like many of his compatriots had to leave his country, said that “as a young Venezuelan exiled in Chile for eight years, today I feel the tranquility of living in a society where a governmental interest in the welfare of my community is appreciated, expressed by a legal framework that although it could be better; compared to the overwhelming setbacks that have occurred in recent weeks in neighboring countries and the constant lethargy of Venezuela in terms of advancing the LGBTQIA+ agenda, is deeply painful and worrying.”

******************************************************************************************

Esteban Rioseco is a Chilean digital communicator, LGBT rights activist and politician. He was spokesperson and executive president of the Homosexual Integration and Liberation Movement (Movilh). He is currently a Latin American correspondent for the Washington Blade.

On Oct. 22, 2015, together with Vicente Medel, he celebrated the first gay civil union in Chile in the province of Concepción.

NEW DELHI — The Indian Supreme Court seven months ago declined to grant legal status to same-sex marriages. 

At the time of the verdict, however, the Supreme Court instructed the federal government to establish a committee to address the myriad issues faced by the LGBTQ+ community in India. These include matters such as pensions, joint property ownership, healthcare access, and child custody.

In compliance with the Supreme Court’s directive, the Indian government on April 16 established a committee with Cabinet Secretary Rajiv Gauba appointed as its chair. The committee, consisting of six members, will include secretaries from the Home Affairs, Women and Child Development, Health and Family Welfare, Social Justice and Empowerment, and the Law Ministries.

“The Hon’ble Supreme Court vide its judgment dated 17.10.2023, in Writ Petition No. 1011/2022 Supriyo@Supriya vs. Union of India, has directed the central government to constitute a committee to be chaired by the Cabinet secretary to examine the various issues relating to queer community,” said the gazette notification.

A 5-judge constitutional bench led by Chief Justice Dhananjaya Yeshwant Chandrachud refused to recognize the right to marry as a fundamental right for same-sex couples. The country’s top court stated, while delivering the verdict last year, that parliament must decide whether to extend marriage rights to same-sex couples.

The Supreme Court acknowledged it cannot make laws but can only interpret them. It also recognized queer people cannot be discriminated against. The court had said that the material benefits and services given to heterosexual couples and denied to queer couples violate their fundamental rights. 

Chandrachud and Justice Sanjay Kishan Kaul in their dissenting opinion advocated for civil unions instead of marriage, arguing this approach would grant legal rights to same-sex couples without extending full marriage rights. They emphasized that while marriage may not inherently confer rights, it offers certain “intangible benefits in the form of expressive advantages” and provides a “bouquet of rights” for couples to exercise.

“For the right to have real meaning, the State must recognize a bouquet of entitlements which flow from an abiding relationship of this kind. A failure to recognize such entitlements would result in systemic discrimination against queer couples,” said Chandrachud. 

Solicitor General Tushar Mehta, the country’s second-highest law officer, at the time had stated a committee chaired by the Cabinet secretary would be formed to delineate the rights that should be available to LGBTQ+ couples in a union.

The Supreme Court had outlined several entitlements for the LGBTQ+ community that include the right for queer partners to be treated as part of the same family for ration card purposes, the ability to set up a joint bank account, jail visitation rights, recognition as “next of kin” by medical practitioners, and the right to access the body of a deceased partner to arrange the last rites.

“The committee shall set out the scope of the benefits which accrue to such couples,” stated the Supreme Court in its 2023 ruling. 

In last year’s judgment, the Supreme Court said “legal consequences such as succession rights, maintenance, financial benefits such as under the Income Tax Act 1961, rights flowing from employment such as gratuity and family pension and insurance.” 

The Income Tax Act 1961, provides some benefits to married couple in India, such as a maximum deduction of ₹199,654.44 ($2,400) that can be claimed in a financial year. Married couples can opt for a joint home loan with tax benefits on interest paid and principal repaid, and also get a higher loan amount. These financial benefits, however, are not available for LGBTQ+ couples in the country. Similarly, as per the rule of family pension in India, if a deceased government servant or pensioner is survived by a spouse, they will be the first to receive a family pension. Children and other family members become eligible for it only after the spouse of the decedent or pensioner become ineligible for a family pension or dies.

Activists say the establishment of a committee chaired by the Cabinet secretary to address the issues faced by LGBTQ+ couples in a union is a promising step forward. 

“The Supreme Court’s verdict on October 17 last year marked a significant milestone in recognizing the rights of LGBTQ individuals, and this committee could play a crucial role in translating legal recognition into practical and effective policy changes,” said Souvik Saha, an LGBTQ activist and founder of People for Change. “The formation of this committee is particularly important in a state like Jharkhand, where LGBTQ individuals face unique challenges. According to the National Human Rights Commission (NHRC), LGBTQ people in India, especially in rural areas, continue to face significant stigma and discrimination. In Jharkhand, these challenges are compounded by socio-economic factors and a lack of awareness and acceptance among the general population.”

He also said this committee’s effectiveness will depend on its ability to engage with LGBTQ+ communities, understand their needs, and implement policies that are both inclusive and practical. 

“As someone working on the ground, I would emphasize the importance of including voices from all parts of the LGBTQ spectrum, particularly those from marginalized communities,” Saha said.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.