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Out in the World: LGBTQ+ news from Europe & Asia

LGBTQ+ news stories from around the globe including Jordan, France, Scotland, Britain & Poland

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JORDAN

King Abdullah (Photo Credit: Embassy of the Hashemite Kingdom of Jordan, Washington D.C.)

BEIRUT, Lebanon – The government of Jordanian King Abdullah have systematically targeted lesbian, gay, bisexual, and transgender (LGBT) rights activists and coordinated an unlawful crackdown on free expression and assembly around gender and sexuality, Human Rights Watch (HRW) said in a report released earlier this month.

In its December 4 report, HRW documented cases in which the Kingdom of Jordan’s General Intelligence Department (GID) and the Preventive Security department of the Public Security Directorate interrogated LGBT activists about their work, and intimidated them with threats of violence, arrest, and prosecution, forcing several activists to shut down their organizations, discontinue their activities, and in some cases, flee the country.

Government officials also smeared LGBT rights activists online based on their sexual orientation, and social media users posted photos of LGBT rights activists with messages inciting violence against them.

“Jordanian authorities have launched a coordinated attack against LGBT rights activists, aimed at eradicating any discussion around gender and sexuality from the public and private spheres,” said Rasha Younes, senior LGBT rights researcher at Human Rights Watch. “Security forces’ intimidation tactics and unlawful interference in LGBT organizing have driven activism further underground and forced civil society leaders into an impossible reality: severe self-censorship or fleeing Jordan.”

Three activists said the Amman governor interrogated them after they preemptively cancelled the screening of a film depicting gay men. Two LGBT organization directors said that because of official intimidation, they were forced to close their offices, discontinue their operations in Jordan, and flee the country.

One activist said Preventive Security officers made him sign a pledge that he would report all his venue’s activities to the governor. Another activist reported being targeted online while social media users called for him to be burned alive.

One of the few LGBT rights activists who has remained in Jordan described her current reality: “Merely existing in Amman has become terrifying. We cannot continue our work as activists, and we are forced to be hyperaware of our surroundings as individuals.”

More recently, in October 2023, an LGBT rights activist said he was summoned for investigation by the intelligence agency. During the interrogation, the activist said intelligence officers searched his phone, intimidated him, and threatened him with a travel ban, while asking personal questions about his sexual orientation and sexual relations with other men. After three hours of questioning, the activist said the officers told him he could leave.

“They [Jordanian authorities] invest in intimidation to destroy our minds and isolate us,” the activist said. “Their tactic is to target us mentally, leaving no evidence of our torment behind.”

Jordan’s constitution protects the rights to nondiscrimination (article 6), the right to personal freedom (article 7), and the right to freedom of expression and opinion (article 15).

The International Covenant on Civil and Political Rights, to which Jordan is a state party, provides that everyone shall have the right to freedom of expression, assembly, and association. The ICCPR, in its articles 2 and 26, guarantees fundamental human rights and equal protection of the law without discrimination.

The United Nations Human Rights Committee, which interprets the covenant, has made clear that discrimination based on sexual orientation and gender identity is prohibited in upholding any of the rights protected by the treaty, including freedom of expression, assembly, and association.

FRANCE

Openly gay French Senator Hussein Bourgi speaking at a ceremony in the city of Clermont-l’Hérault in the Hérault district he represents. (Photo Credit: Hussein Bourgi/Facebook)

PARIS, France – Legislation that was introduced last month by the openly gay Socialist Senator Hussein Bourgi to acknowledge the French state’s responsibility in the criminalization and persecution of homosexuals between 1945 and 1982 was adopted.

However, the section of bill that called for compensation of the victims of French homophobic laws, in effect during that period by offering them a lump sum of €10,000 Euros [10,752.75 USD], was not approved.

Speaking with various French media outlets, Bourgi, who authored the bill, said: “It is high time to bring justice to the living victims of legislation which served as the basis for a politics of repression with brutal and punishing social, professional and familial consequences.”

Agence France-Presse reported:

Bourgi’s text focuses on a 40-year period following the introduction of legislation that specifically targeted homosexuals under the Nazi-allied Vichy regime. The 1942 law, which was not repealed after the liberation of France, introduced a discriminatory distinction in the age of consent for heterosexual and homosexual sex, setting the former at 13 (raised to 15 at the Liberation) and the latter at 21.

Some 10,000 people – almost exclusively men, most of them working-class – were convicted under the law until its repeal in 1982, according to research by sociologists Régis Schlagdenhauffen and Jérémie Gauthier. More than 90% were sentenced to jail. An estimated 50,000 more were convicted under a separate “public indecency” law that was amended in 1960 to introduce an aggravating factor for homosexuals and double the penalty. 

“People tend to think France was protective of gay people compared to, say, Germany or the UK. But when you look at the figures you get a very different picture,” said Schlagdenhaufen, who teaches at the EHESS institute in Paris. 

“France was not this cradle of human rights we like to think of,” he added. “The Revolution tried to decriminalise homosexuality, but subsequent regimes found other stratagems to repress gay people. This repression was enshrined in law in 1942 and even more so in 1960.” 

The legislation won the backing of Éric Dupond-Moretti, Minister of Justice for the government of President Emmanuel Macron. However, Dupond-Moretti agreed with the removal of the compensation provision by the right-wing and center senatorial majority. Dupond-Moretti justified this choice noting concerns over “legal difficulties,” telling French magazine Le Monde that “putting into practice” of this compensation measure “appears extremely complex” due to the difficulty of providing proof of an old conviction and its execution.

The Justice Minister added “It was not the law which was responsible for this harm” but “French society, homophobic in all its components at the time” adding, “This is not the fault of the Republic. The law of memory is enough.”

The bill must now be taken up by the lower house, the National Assembly, to be passed and then adopted.

SCOTLAND

The Scottish Parliament in Edinburgh, Scotland. (Photo Credit: The Scottish Government)

EDINBURGH, UK – The Court of Session in Edinburgh has ruled that the UK government of Prime Minister Rishi Sunak acted within the law by invoking Section 35, which blocked the measure passed by the Scottish Parliament, that would have make it easier for transgender people to change their legally-recognized sex on documents.

The actions by Scottish Secretary Alister Jack, with Prime Minister Sunak’s backing kept the act from receiving the signature of King Charles III and becoming law.

The Gender Recognition Reform bill was introduced by the Scottish government to Holyrood (parliament) in the Spring of 2022 was passed in a final 86-39 vote days before Christmas of 2022. The sweeping reform bill modifies the Gender Recognition Act, signed into law in 2004, by allowing transgender Scots to gain legal recognition without the need for a medical diagnosis.

The measure further stipulates that age limit for legal recognition is lowered to 16.

In a statement released in January of this year, Jack said:

“After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation. 

“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters. 

“I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.”

The Scottish government sued Westminster in the Court of Session, Scotland’s highest civil court, arguing that Jack did not have “reasonable grounds” to block the bill. The BBC reported that in her ruling for the UK governments, Judge Lady Haldane dismissed the Scottish government’s appeal and said the block on the legislation was lawful.

Judge Haldance noted that Jack followed correct legal procedures when he made his decision to invoke section 35 and that the Scottish government had failed to show that he had made legal errors.

The judge wrote: “I cannot conclude that he (Mr Jack) failed in his duty to take such steps as were reasonable in all the circumstances to acquaint himself with material sufficient to permit him to reach the decision that he did.”

Lady Haldane also said that “Section 35 does not, in and of itself, impact on the separation of powers or other fundamental constitutional principle. Rather it is itself part of the constitutional framework.”

Stonewall UK, the nation’s largest LGBTQ+ advocacy group expressed its disappointment with Judge Haldane’s ruling in a statement released this past week:

“We’re disappointed that the Court of Session in Scotland has found in favour of the UK Government’s unprecedented decision to use Section 35 to block the Gender Recognition Reform Bill from Royal Assent. This Bill was one of the most debated in the Scottish Parliament’s history and was passed by a resounding majority of MSPs drawn from all major Scottish parties.

This unfortunately means more uncertainty for trans people in Scotland, who will now be waiting once again, to see whether they will be able to have their gender legally recognised through a process that is in line with leading nations like Ireland, Canada and New Zealand.

Whatever happens next in discussions with the UK and Scottish Governments on this matter, Stonewall will continue to press all administrations to make progress on LGBTQ+ rights in line with leading international practice.”

BRITAIN

Labor MP Sir Chris Bryant speaking in Commons. (Screenshot/YouTube UK Government)

WESTMINSTER, UK – Anti-LGBTQ+ rhetoric used by British Equalities Minister Kemi Badenoch during her speech on the floor of the House of Commons on Dec. 6, prompted Labour MP Sir Chris Bryant, an openly gay lawmaker, to rise in opposition and declare her speech left him feeling unsafe. 

The debate was triggered by the Equalities Minister claiming that the UK does not recognize self-ID from overseas countries for trans people, PinkNewsUK reported. In his retort to her statements, Bryant explained: “I feel, as a gay man, less safe than I did three years or five years ago.”

PinkNewsUK also noted that Bryant said: “Why? Sometimes because of the rhetoric that is used, including by herself [Badenoch] in the public debate.” He added that some MPs had cheered for Badenoch’s statements on the trans community, and for statements against gender-affirming care for trans people, which could lead to LGBTQ+ people feeling even less safe in the UK. 

“Many of us feel less safe today, and when people over there cheer as they just did, it chills me to the bone, it genuinely does,” Bryant said. 

She hit back with force, challenging him to identify which words precisely were so problematic. She later criticized the attempts of trans activists to use emotional blackmail to try to shut down debate.

The UK Government has updated the list of countries from which gender-certificates will be accepted.

Replying to Bryant, Badenoch said: “He says that my rhetoric chills him to the bone. I would be really keen to hear exactly what it is I have said in this statement or previously that is so chilling.” She added that the current Tory government had done work on “our HIV action plan” and “around trans healthcare”, as well as “establishing five new community-based clinics for adults in the country.”

“There is a lot that we are doing, so it is wrong to characterise us as not caring about LGBT people,” she said. 

Bryant’s colleague, Sir Ben Bradshaw, also failed to get the better of Badenoch. He complained the UK had recently fallen in a set of international rankings on LGBTQ rights. She calmly pointed out that those rankings reward states that adopt the Stonewall-supported policy of self-ID and punish those who do not. To cheers from the Tory benches, she declared ‘Stonewall does not decide the law in this country,’ referring to Stonewall UK, the nation’s largest LGBTQ+ advocacy group.

POLAND

 Donald Tusk signing Parliamentary documents. (Photo Credit: Polish Government)

WARSAW, Poland – In a turn of events Monday, the Sejm, lower house of the national legislature of Poland, elected Donald Tusk as the new prime minister after Prime Minister Mateusz Morawiecki failed to win a vote of confidence by lawmakers in his government.

248 MPs voted for the election of Tusk as prime minister, 201 were against and no one abstained in the 460-seat lower house of parliament.

“This is a truly wonderful day, not only for me, but for all those who have deeply believed for many years that things will get even better, that we will chase away the darkness, that we will chase away evil,” the 66-year-old new prime minister told the Sejm after his election.

There had been considerable turmoil in the Polish government, particularly in the Sejm, as many accused the ruling conservative right-wing PiS (Law and Justice Party) of Jarosław Kaczyński, who until last month held the post of Deputy Prime Minister, of leading the country backwards into an authoritarian state.

The PiS lost their parliamentary majority in the critical elections this past October after a larger proportion of the country’s 18-29 year-olds had turned out to vote than over-60s and election officials said that turnout was probably 72.9%, the highest since the fall of communism in 1989.

Voter anger had steadily risen over erosion of women’s reproductive rights eroded and Polish LGBTQ+ people who had faced a government hate campaign that drove some to leave the country and caused the European Commission to threatened to pull economic aid and as the BBC reported, the EU is still withholding more than €30bn ($32bn) in Covid recovery funds because of its concerns about the politicization of Poland’s courts.

The Polish government has repeatedly clashed with the European Union over the rule of law, media freedom, migration and LGBTQ rights since Law and Justice (PiS) came to power in 2015.

Tusk, who had served as European Council president from 2014-2019 is expected to improve Warsaw’s standing with the EU. Additionally he previously served as Poland’s prime minister from 2007-2014.

“At the invitation of President Andrzej Duda, after the vote in the Sejm, a meeting was held with Prime Minister Donald Tusk. It was agreed that after obtaining a vote of confidence, the swearing-in of the new government would take place on Wednesday, December 13, at 9 a.m. at the Presidential Palace,” a spokesperson for President Duda said in a statement released late Monday.

Additional reporting from Human Rights Watch, Agence France-Presse, Le Monde, The BBC, TVN24 Polaska and PinkNewsUK.

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Nigeria

Four men accused of homosexuality beaten, chased out of Nigerian city

Incident took place in Benin City on Nov. 17

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(Bigstock photo)

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.

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Kenya

Kenyan advocacy group uses social initiatives to fight homophobia

INEND made donations to sports teams, launched comic book

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The Initiative for Equality and Non-Discrimination has created a comic strip, "Davii and Oti," to help fight anti-queer discrimination in Kenya. (Screenshot from the Initiative for Equality and Non-Discrimination's website)

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

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India

Kamala Harris’s loss prompts mixed reaction in India

Vice president’s mother was born in Chennai

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Vice President Kamala Harris speaks at Howard University in D.C. on Nov. 6, 2024, after she conceded to President-elect Donald Trump. (Washington Blade photo by Michael Key)

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.”

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World

Out in the World: LGBTQ+ news from Europe, Asia, and Oceania

European Court of Human Rights rules Switzerland cannot deport gay Iranian refugee

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(Los Angeles Blade graphic)

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.

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United Nations

Elise Stefanik nominated to become next UN ambassador

N.Y. Republican voted for Respect for Marriage Act in 2022

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U.S. Rep. Elise Stefanik (R-N.Y.) speaks at the Republican National Convention in Milwaukee on July 16, 2024. (Washington Blade photo by Michael Key)

President-elect Donald Trump on Monday announced he will nominate U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N.

“Elise is an incredibly strong, tough, and smart America First fighter,” Trump said in a statement that announced the nomination.

Stefanik, 40, has represented New York’s 21st Congressional District since 2015. She has chaired the House Republican Conference since 2021.

Stefanik in 2019 voted for the Equality Act, but she opposed it in 2021. Stefanik in 2022 is among the dozens of Republicans who voted for the Respect for Marriage Act that President Joe Biden signed.

Stefanik, among other things, has also been outspoken against anti-Semitism on college campuses. She would succeed U.S. Ambassador to the U.N. Linda Thomas-Greenfield if the U.S. Senate confirms her.

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Out in the World: LGBTQ+ news from Asia, Europe, and the Middle East

Spanish government wants constitution to protect marriage equality, abortion rights

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(Los Angeles Blade graphic)

JAPAN

A coalition of 19 prefectures and more than 150 municipalities has created a Partnership System Municipal Cooperation Network, in which all member governments agree to recognize each other’s same-sex partnership registries. The new system should help same-sex couples ensure their partnerships remain valid if they move or maintain multiple residences.

Because same-sex marriage is not currently legal in Japan, 30 of Japan’s 47 prefectures and more than 400 municipalities have established “partnership oath systems,” in which same-sex couple can register their relationships to help them access local services that are restricted to couples, such as housing, insurance, and medical decision-making. However, these registries are not legally binding and confer no direct rights on the couples. 

Prior to the establishment of the PSMCN, couples who had registered in one municipality or prefecture could face difficulty having their relationship recognized in a different location. About one quarter of Japan lives in a place that does not recognize same-sex couples of any kind. 

Meanwhile, several cases seeking to establish a right to same-sex marriage continue to wind their way through the courts. 

Five out of six lower courts that heard equal marriage cases have issued rulings that the ban on same-sex marriage is unconstitutional, as have both upper courts that have heard cases. This week, the Osaka High Court is set to hear an appeal of the lower court’s decision that the ban is constitutional. The Fukuoka High Court will hear an equal marriage case in December. All of these cases will likely eventually be heard by the Supreme Court. 

Most of the leading figures in Japan’s long-ruling Liberal Democratic Party have been deeply conservative on sexuality issues, which has stalled hope for progress on same-sex marriage at the legislative level. But last month’s snap elections returned a minority parliament in which a bare majority of legislatures have expressed support for same-sex marriage.

SPAIN

The governing Socialist Party announced it wants to amend the constitution to protect same-sex marriage and abortion rights, amid the rise of far right parties that have stated their goal of rolling back LGBTQ+ rights in Spain and across Europe.

The proposal is laid out in the party’s plan for the current national congress which was distributed to its provincial counterparts for debate this month. The document aims to include “the social achievements of the last decade” into the constitution, an effort which the document itself acknowledges may be “impossible,” but which the party wants to achieve.

Among other proposals are protections for social housing and setting a floor for the minimum wage at 60 percent of the average wage.

Spain has seen its far-right Vox Party grow rapidly over the last decade winning seats in parliament and local and regional councils. In regional governments where Vox has formed coalition governments with the more mainstream conservative People’s Party, it has already rolled back LGBTQ+ rights progress. 

In the Madrid region, where PP and Vox govern together, they rolled back laws banning anti-LGBTQ+ discrimination and so-called conversion therapy, and ending recognition of transgender people, though the law was later stopped by the Constitutional Court.

It’s unlikely that the PSOE will be able to amend the constitution as that would require a three-fifths majority of both houses of parliament to pass, and PSOE only holds a minority of seats in both houses.

UNITED KINGDOM

The Conservative Party has elected as its new leader Kemi Badenoch, a legislator with a long history of espousing anti-trans and anti-LGBTQ+ viewpoints. Badenoch also makes history as the first Black woman to lead a major political party in the UK.

Badenoch was first elected to parliament in 2017 and previously served as the Minister for Women and Equalities in the Rishi Sunak government. She was confirmed as Conservative Party leader on Nov. 2, following an election among party members in which she won 56.5 percent of the vote. 

In office, she frequently railed against trans rights and met with the anti-trans group LGB Alliance. She called for the abolition of gender-neutral toilets and was caught on a leaked recording referring to trans women as “men.” 

This year, she supported her party’s platform of amending the Equalities Act to ensure that the ban on “sex” discrimination only applied to biological sex, thus allowing discrimination against trans people. 

She successfully killed a planned ban on conversion therapy by pushing the government to study it further and consider not banning conversion therapy aimed at trans people. 

She also used her office to push the Financial Conduct Authority to remove trans-inclusive workplace policies, and railed against “diversity, equity and inclusion” initiatives that she claimed “divide, rather than unify.”

In 2019, she abstained on the bill that extended same-sex marriage rights to Northern Ireland — then the only part of the UK where it wasn’t yet legal.

UNITED ARAB EMIRATES

The World Surf League has named Abu Dhabi, the capital of the United Arab Emirates as a stop of its 2025 Championship Tour and Longboard Tour, drawing protests from surfers and surf organizations over the potential for harm to LGBTQ+ athletes who attend a competition in a country where homosexuality is illegal. 

The World Surf League is the governing body for professional surfers, and it sanctions competitions and events around the world. The 2025 Tour features 12 stops, including events in Brazil, Fiji, Tahiti, South Africa, El Salvador, Australia, and the U.S. 

It’s the second stop, at Surf Abu Dhabi, UAE from Feb. 14-16 that’s raised eyebrows among surf athletes and fans.

Homosexuality and cross-dressing are illegal under both the Federal Crime and Punishment Law of UAE and the Abu Dhabi Penal Code, with a minimum sentence of six months and up to 14 years in prison.

Yvette Curtis, who runs the UK-based inclusive surf club Wave Wahines, has started a petition on Change.org calling on the World Surf League to drop the Abu Dhabi dates from the tour.

“The WSL have chosen to support a government that criminalizes LGBTQIA+ people and discriminates against women, and in doing so are choosing to place their athletes, support teams, and spectators at risk,” the petition states.

“By removing Abu Dhabi from its event calendar, the World Surf League would make a powerful statement: Human rights and the safety of its athletes and employees are paramount. Ignoring this issue would tacitly endorse discriminatory practices and betray the inclusive values at the heart of Olympic sports. Only through decisive action can we ensure that everyone, regardless of sexual orientation or gender identity, has an equal opportunity to compete in professional surfing.”

Curtis says the issue is personal to her, as the mother of a trans surfer.

“As a mother of three, the safety of my children is my utmost priority. My eldest child, who has bravely embraced their true self, is transgender. They also have a passion for surfing, but existing regulations in certain regions rob them of this joy and access to the waves. Abu Dhabi, named as a stop in World Surf League’s event calendar, presents a stark reality. My child, due to their identity, would be breaking laws by merely existing in such an environment,” she says. 

The petition, which has already drawn more than 1,600 signatures, has been endorsed by surf clubs all over the world, 

The controversy around the Abu Dhabi tour stop mirrors similar controversy over hosting the 2022 World Cup in Doha, Qatar, and the 2014 Winter Olympics in Sochi, Russia, both countries with dismal records on LGBTQ+ rights.  

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World

Trump election sparks concern among activists around the world

Brazilian organization: Grassroots advocacy crucial to defending LGBTQ+ rights

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A poster in Santiago, Chile, in 2017 mocked then-President Donald Trump. Activists around the world with whom the Washington Blade has spoken this week expressed concern over a second Trump administration and its impact on LGBTQ+ rights around the world. (Washington Blade photo by Michael K. Lavers)

LGBTQ+ activists and advocacy groups around the world have expressed concern over President-elect Donald Trump’s election.

“I worry that Trump’s win means no protection for global LGBTQ+ human rights,” Sexual Minorities Uganda Executive Director Frank Mugisha told the Washington Blade.

Mugisha added Trump “won’t or step in to support us” when “we are under attack with extreme anti-gay legislations.” (The Biden-Harris administration last year 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. after President Yoweri Museveni signed the Anti-Homosexuality Act.)

Esteban Paulón, a long-time LGBTQ+ activist in Argentina who won a seat in the country’s Congress in 2022, echoed this concern and Mugisha.

“My first reaction (to Trump’s election) is concern over how it is going to impact (LGBTQ+) rights in the international sphere,” Paulón told the Blade.

Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ+ and intersex rights abroad as part of his administration’s overall foreign policy. The White House in the same year named Jessica Stern, who was previously the executive director of Outright International, as the next special U.S. envoy for the promotion of LGBTQ+ and intersex rights abroad.

Then-State Department spokesperson Ned Price during a 2021 interview with the Blade noted the decriminalization of consensual same-sex sexual relations was one of the Biden-Harris administration’s priorities in its efforts to promote LGBTQ+ and intersex rights abroad. Stern in 2022 told the Blade that support of marriage equality in countries where activists say such a thing is possible through legislation or the judicial process is “among a wider set of priorities.”

Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.

Axios on Thursday reported Grenell is Trump’s top candidate to succeed Secretary of State Antony Blinken.

Bru Pereira and Gui Mohallem are co-directors of VoteLGBT, a Brazilian organization established in 2014 with a mission to increase LGBTQ+ representation their country’s politics.

Pereira and Mohallem in a statement they sent to the Blade on Wednesday said the U.S. election outcomes, “especially as they reflect a divided political landscape, underscore an international trend we are observing — a growing divide between progressive movements and the resurgence of conservative, often authoritarian, political forces.”

Former Brazilian President Jair Bolsonaro was in office from 2018-2022. He faced sharp criticism because of his rhetoric against LGBTQ+ Brazilians, women, people of African and Indigenous descent and other groups. Thousands of Bolsonaro supporters on Jan. 8, 2023, stormed the Brazilian Congress, presidential palace, and Supreme Court.

President Luiz Inácio Lula da Silva took office a week earlier.

Pereira and Mohallem in their statement said they are “witnessing how grassroots efforts, particularly from marginalized communities, are crucial in defending LGBTQ+ rights under right-wing governments.”

“For us, advancing and protecting LGBTQ+ rights in such a context involves fostering local leadership, as well as strengthening community resilience and alliances,” they said. “It’s about creating spaces where voices traditionally sidelined — especially those of trans, Black, and Indigenous LGBTQ+ individuals — can lead democratic change. Here, we see our role not just in advocacy but in shaping an intersectional approach to political transformation, one that insists on the inclusion and visibility of diverse identities.”

“Ultimately, we believe that the democratic health of any nation depends on its most vulnerable communities being empowered to speak up and lead,” added Pereira and Mohallem. “We’re committed to supporting this journey, even in times of political setbacks, through community solidarity and international collaboration.”

Astraea Lesbian Foundation for Justice Executive Director Joy Chia in an email to supporters on Wednesday largely echoed Pereira and Mohallem.

“As a funder of LGBTQI+ communities in all regions of the world, the Astraea Foundation is keenly aware of the far-reaching impacts that this election will have and has already had,” wrote Chia. “I also recognize that political repression is not new to LGBTQI+ activists and our communities. This isn’t our first time working in hostility and chaos, and we are ready to resist.”

“The Astraea Foundation will continue to work alongside grantees to build power and create sustainable change so that our communities can thrive. We will continue to push liberation forward, support our grantee partners, and hold true to our intersectional feminist values at every turn,” added Chia. “The work we do every day is vital, and this difficult moment only strengthens our resolve to keep the fight moving forward.”

Outright International Executive Director Maria Sjödin in an email to their group’s supporters said the U.S. election results “have raised deep concerns for many of us who care about fundamental human rights, freedoms, and democratic norms for LGBTIQ people and everyone else around the world.”

“As Outright International unites with you, our global community, we know that this outcome impacts not only the U.S. but also the global momentum toward justice and equality. Nationalism, authoritarianism, white supremacy, xenophobia, anti-queer, and anti-transness have been on stark display throughout the election campaign,” they wrote. “Such narratives risk eroding years of progress and scapegoat marginalized communities. Resulting policies could deny gender recognition, defund LGBTIQ-supportive programs internationally, and be a threat to international cooperation and multilateralism.” 

Sjödin added “moments like this also reveal the strength of our global solidarity.”

“The spirit of connection that fuels our shared movements is needed now more than ever,” they said. “From Argentina to Poland, Uganda to Ukraine, LGBTIQ communities are rising to this challenge. Together, we can and must resist discriminatory forces and protect and continue to advance the progress made. This isn’t just about policies — it’s about our lives and those of our global community.”

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Mali

Mali on the verge of criminalizing homosexuality

Country’s Traditional National Council has drafted a new penal code

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(Photo by Rawf8/Bigstock)

Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.

Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.

“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values ​​are violated by people from elsewhere.”

Nginda Nganga, an African LGBTQ+ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.

“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”

Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.

“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.

Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.

Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ+ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ+ community, even though President Assimi Goïta has not approved them.

The LGBTQ+ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.

Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.

People in some regions who are found to be part of the LGBTQ+ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ+ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ+ rights.

The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ+ advocacy in the country remain unclear.

Arrests of LGBTQ+ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ+ or activists.

Goïta, for his part, has yet to explicitly make any public comment on LGBTQ+-specific issues. He has, however, often spoke about his support for Islamic and African values.

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Out in the World: LGBTQ+ news from Asia, Canada, and Europe

Tokyo High Court Japan’s same-sex marriage ban is unconstitutional

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(Los Angeles Blade graphic)

JAPAN

The Tokyo High Court ruled that the country’s ban on same-sex marriage is unconstitutional, upholding a lower court ruling. This is the second High Court ruling favoring same-sex marriage after the Sapporo High Court came to a similar conclusion earlier this year, and more High Court rulings are expected over the next few months. 

The court found that laws restricting marriage to opposite-sex couples “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,” according to the ruling.

The rulings don’t immediately create a right to same-sex marriage in Japan, but they add pressure on the government to address the unconstitutionality. These cases will likely find their way to the Supreme Court next year.

Same-sex marriage is not currently legal anywhere in Japan, and the government has long asserted that Section 24 of the post-war constitution rules out same-sex marriage. Section 24 states “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”

However, equal marriage supporters point out that Section 24 was not intended to deal with same-sex marriage, but rather to assert the right of individuals to marry the person of their choice, rather than traditional arranged marriages. 

A series of recent court victories have gradually opened up recognition of equal rights for same-sex couples in Japan. Five lower courts have found that the ban on same-sex marriage violates the constitution, while only one lower court has upheld the ban as constitutional. 

Earlier this year, the Supreme Court found that same-sex couples are entitled to survivors’ benefits for victims of crime. 

Additionally, 450 municipalities and 30 of Japan’s 47 prefectures have instituted partnership registries for same-sex couples. Although these registries have little legal force, they have helped couples access local services and demonstrate growing recognition of same-sex couples’ rights.

This week’s High Court ruling comes at a time of flux in Japanese politics. During last week’s parliamentary election, the ruling Liberal Democratic Party lost its governing majority, while the opposition Constitutional Democratic Party, which supports same-sex marriage, made huge gains.

Anglo Nippon Politics reports that a very narrow majority of newly elected legislators have expressed support for same-sex marriage, but that the dynamics of the new parliament may make it difficult for the LDP, which hopes to hold onto power with support for smaller conservative parties, to advance controversial issues.

CANADA 

The Alberta government under United Conservative Party Premier Danielle Smith introduced four pieces of anti-LGBTQ+ and anti-transgender legislation last week, prompting protests in the capital Edmonton and in the province’s largest city Calgary.

Smith had initially announced the legislation in February, amid a general hysteria about transgender youth and school inclusion policies that had swept through conservative parties across Canada. 

The four bills ban gender care for trans youth, require parental notification and consent if a trans student wishes to use a different name or pronoun in school, bars trans women from competing in sports in schools and colleges, and requires parental notification and “opt-in” if sexual orientation, gender identity, or human sexuality will be discussed in classrooms.

Opponents criticized Smith for the legislation, which critics said was timed to help Smith in a leadership review held this weekend. Smith’s leadership was upheld with more than 91 percent of the vote at the UCP convention in Red Deer on Saturday.

More than 1,000 people showed up at Calgary City Hall to demonstrate against the bills on Saturday, as well as against the UCP’s priorities for Alberta, while hundreds more turned up in front of the provincial legislature in Edmonton.

Rowan Morris, an organizer with Trans Rights YEG, told the Edmonton Journal that the bills had galvanized opposition from across the political spectrum, recalling a conversion he had with a conservative supporter.

“[She said], ‘My whole family is here, we’re all conservatives, we will all be conservatives for the rest of our lives, but we recognize that bodily autonomy is a freedom we need to uphold for all Albertans. Whether we agree on how you live your life or not, the government does not have a place in your private medical decisions with your doctor,’” Morris said.

Because of the UCP’s majority in the provincial legislature, there is little chance the bills won’t pass. Voters next go to the polls in Alberta in October 2027.

Voters in Canada have had a chance to weigh in on anti-trans policies this year, and the results have been mixed. In Manitoba and New Brunswick, voters turfed conservative parties from government after they introduced or announced anti-trans policies, while in British Columbia, voters kept the governing New Democrats in office after the opposition Conservatives had announced several similar anti-trans policies.

Last month, voters in Saskatchewan returned its conservative government to power after it introduced a parental notification and consent policy in violation of Canada’s Charter of Rights and pledged to introduce a ban on trans students accessing change rooms and bathrooms in schools if reelected.

GERMANY

The Gender Self-Determination Act came into force on Friday, marking a historic advancement for trans rights in Germany. 

Under the new law, anyone will be able to change their legal name and gender by making a simple application at their local registry office. 

The new law replaces the Transsexuals Act, which dates from the early 1980s, and required anyone wishing to change their legal gender to get permission from a judge after submitting two psychological assessments. 

The law allows name and gender changes for minors. Children under 14 can have the process done by their parents, while those over 14 can do so with parental permission. Youth will also have to submit a declaration that they have sought advice from a psychologist or from a youth welfare specialist.

Also included in the law is a new protection that makes it a criminal offense to out a trans person without their consent.

Gender self-determination is increasingly the norm in Western European countries. Belgium, Luxembourg, France, Spain, Portugal, Malta, Greece, Ireland, Norway, Iceland, and Denmark have all introduced similar legislation in recent years. Additionally, Argentina, Brazil, Chile, Colombia, Costa Rica, Uruguay, India, Pakistan, as well as several provinces and states of Canada, the U.S., and Mexico allow gender self-determination.

SWITZERLAND 

The Swiss canton of Vaud became the latest place in Europe to ban so-called conversion therapy, as legislation to ban the discredited practice of attempting to change a person’s sexual orientation or gender identity nationwide has stalled in the federal parliament.

Vaud is the third of Switzerland’s 26 cantons to ban conversion therapy, following Neuchatel last December and Valais earlier this year. Vaud is Switzerland’s third-largest canton, home to more than 800,000 people. 

In 2022, the lower house of the Swiss parliament passed a motion calling on the government to introduce a conversion therapy ban, but the motion was rejected by the upper house earlier this year.  Legislators at the time said they wanted to wait for more information from the Federal Council, which was due to report on conversion therapy over the summer. 

In the meantime, several other Swiss cantons have begun debating local bans on conversion therapy, including Geneva, Bern, and Zurich. 

Doctors and therapists are already prohibited from practicing conversion therapy in Switzerland by their professional associations, but much conversion therapy is carried out by unlicensed individuals.

Conversion therapy has already been banned across much of Western Europe, including France, Germany, Norway, Belgium, Spain, Portugal, Malta, Greece, Cyprus, and Iceland. It has also been banned in Mexico, Ecuador, New Zealand, Canada, Taiwan, and in many U.S. and Australian states.

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Kenyan court awards two gay men $31K

Couple subjected to genital examination, given HIV tests after ‘unnatural sex’ arrest

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(Image by Bigstock)

A Kenyan court has awarded two gay men charged with “unnatural sex” for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.

This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the men’s rights in obtaining evidence.

During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.

Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offense.

In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutors’ unlawful extraction of evidence.

The Center for Minority Rights and Strategic Litigation, a local LGBTQ+ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.   

In the petition, CMRSL cited infringement on the gay men’s right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.

“This provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,” CMRSL Legal Manager Michael Kioko told the Washington Blade.

The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizations’ petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.

CMRSL termed the latest ruling “a crucial step toward dignity and human rights for all” while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya. 

The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenya’s National Gay and Lesbian Human Rights Commission brought the case.

The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.

NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights. 

The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ+ rights in the country.

The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.

CMRSL represented the trans women.

The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations. 

“They (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,” Kioko said. “On average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.”  

CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled “I Am Samuel” on the pretext it contained gay scenes that violate Kenyan law.

The Kenya Films Classification Board in 2018 also banned the “Rafiki” because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.

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