The Indian Home Ministry in a surprising development on July 15 sent a note to state and territorial officials and prison administrators that acknowledges queer prisoners regularly face discrimination and violence because of their sexual orientation and gender identity.

The government has asked all states and territories ensure queer people receive equal rights in their prison. The government has also instructed state and territorial officials to prevent discrimination in relation to accessing goods and services inside their prisons, especially visitation rights.

The directive mandates prison officials allow inmates to meet with family members, relatives, friends, and legal representatives at least once every two weeks.

Referencing the Model Prison Manual, 2016, the government emphasized prisoners should be granted reasonable facilities to see or speak with their family members, relatives, friends, and legal representatives. This access is crucial for preparing an appeal, securing bail, or arranging the management of property, and family affairs. The directive is also seen as a significant effort to ensure LGBTQ inmates’ rights and dignity are upheld.

The ruling government, led by Prime Minister Narendra Modi, has, for the first time, explicitly referenced the “queer community” in a directive that seeks to end discrimination against them. This directive marks a significant shift in government policy.

It states conversations during these interviews should be limited to private and domestic matters, explicitly prohibiting any references to prison administration, other prisoners, or politics. 

According to the Model Prison Manual, 2016, Rule 8.03 states the number of people who may interview a prisoner at one time shall ordinarily be limited to three. The manual also directs interviews with female prisoners should, if possible, take place in female-specific cells or rooms.

“It is reiterated that these provisions equally apply to members of the queer community, allowing them to meet a person of their choice without any discrimination or judgment,” it reads.

The Home Ministry has also urged authorities to make prison officials at all levels more sensitive to queer inmates.

It emphasized the importance of treating all people equally in a fair and just manner, with a particular focus on ensuring that no one, especially those belonging to the queer community, faces any form of discrimination.

“Prisoners may communicate with their visitors, namely family members, relatives and friends through physical or virtual mode, under proper supervision of prison authorities,” reads the directive. “Visitors to inmates shall be verified/authenticated through biometric verification/identification.”

The directive also notes foreign prisoners may communicate with their family members and consular representatives, as rules dictate.

According to the report “Lost Identity: Transgender Persons in Indian Prisons,” the Commonwealth Human Rights Initiative published, a total of 214 transgender people were incarcerated in different prisons across the country between May 2018 and April 2019.

The report noted a glaring lack of awareness programs among prisoners regarding the legal recognition of trans people as a legal identity, with the sole exception of Karnataka state since 2014. The report also highlighted a significant oversight: No trans people had been hired by prison departments in any state or territory.

The report further pointed out none of the prisons included any courses in their Prison Training Institute’s curriculum that focused on awareness and sensitization of LGBTQ communities and their rights.

The Supreme Court in 2018 took a monumental step towards prison reform.

A 3-member committee that now retired Justice Amitava Roy examined the myriad issues facing the Indian prison system and made a series of recommendations. Persistent prison overcrowding and overall conditions are two of the myriad issues the committee reviewed.

The committee in 2022 issued its report, which included a chapter titled “Transgender Prisoners.”

This chapter emphasized efforts to separate trans people from other prisoners for safety and security reasons must not lead to their seclusion or isolation. It also underscored the need to ensure measures undertaken to protect trans prisoners do not inadvertently result in their marginalization, highlighting the importance of maintaining their integration and dignity within the prison community.

Sadam Hanjabam, founder of Ya.all, northeast India’s first registered LGBTQ youth-led organization that the U.N. recognizes, told the Washington Blade the ministry’s announcement is a good step. He said officials are not only looking at transgender community but LGBTQ as a whole spectrum.

“It is hopeful that at least people will have access to services without discrimination whether legally or in prison services,” said Hanjabam. “We hope that it could be this is towards more inclusive step.”

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 X at @mohitkopinion.

Venezuela’s National Electoral Council (CNE) on Sunday announced President Nicolás Maduro won a third term with 51.2 percent of the votes, compared to the 44.2 percent it said opposition leader Edmundo González received.

Fifty-nine percent of Venezuelans voted in the election that took place peacefully in most of the country, aside from reports of unrest in Táchira state that borders Colombia.

Authorities announced the results six hours after polling places closed, with CNE President Elvis Amoroso attributing the delay to a “terrorist” attack that affected data transmission. Maduro backed this explanation, suggesting a massive hacking of the electoral system took place.

The opposition, however, denounced irregularities and questioned the process’s transparency. Opposition leader María Corina Machado said she and her supporters have minutes that indicate González received 70 percent of the votes.

“There is a new president-elect and he is Edmundo González, and everybody knows it,” said Machado. 

González entered into a political partnership with Machado, who Maduro’s government disqualified from holding public office. Machado backed González, a former diplomat.

“All regulations have been violated,” said González. “Our struggle continues.” 

Maduro, for his part, called on his adversaries to abide by the results.

“This constitution must be respected,” said Maduro while speaking to supporters outside Miraflores Palace in Caracas, the Venezuelan capital, after the CSE declared him the winner. “The referee must be respected and no one must try to tarnish this beautiful day.”

In this regard, Tamara Adrián, the country’s first transgender congresswoman who ran in the presidential primary earlier this year, told the Washington Blade that “according to the information we have from the minutes that witnesses were able to obtain in approximately 40 percent of the polling stations, Edmundo González won with a percentage higher than 65 percent of the votes in all the states and in all the social sectors.”

The former congresswoman added “that is the result we had around 8 o’clock at night, when they started to issue instructions from the National Electoral Council for two things: One, to prohibit the entrance of Edmundo González’s witnesses in the vote counting room, something that continued during the whole night.” 

“That is to say they never had any oversight from González in the computations,” Adrián told the Blade.

“And two, they prohibited the table chiefs from printing the minutes that the law says,” she added.

The elections took place amid widespread distrust of the CNE, whose board of directors includes figures linked to the ruling party.

The opposition questioned the electoral body’s impartiality and lack of recognized international observers. Reports indicate people in several areas of Caracas on Sunday used pots and pans to protest the CNE announcement. 

LGBTQ activist Richelle Briceño told the Blade “the electoral participation in favor of change in the country was a majority and that will has been undoubtedly twisted by those who have dominated the electoral power and the armed forces of the nation.” 

“They gave official results that do not adjust to reality and consequently are unverifiable,” said Briceño.

Chilean president, Biden-Harris administration question election results

Chilean President Gabriel Boric and other regional leaders expressed skepticism about the results. 

American Secretary of State Antony Blinken also expressed concern about the count’s validity. Cuba and Honduras, on the other hand, congratulated Maduro after the CNE declared him the winner.

“The Maduro regime must understand that the results it publishes are hard to believe,” wrote Boric on his X account. “The international community and above all the Venezuelan people, including the millions of Venezuelans in exile, demand total transparency of the minutes and the process.” 

“We are seriously concerned that the announced result does not reflect the will or the votes of the Venezuelan people,” said Blinken.

The situation in Venezuela remains uncertain, and the next few hours could define a new chapter in the country’s tumultuous political history.

“There is no certain formula for Maduro to leave the presidency while the other powers and institutions of the country are at his service,” said Briceño. “Venezuelans did what was in our hands, which was to express ourselves massively. Now we must continue to demand audited and verified results so that the truth is imposed before the world.”

“The support of the international community is fundamental for these purposes,” added Briceño.

The Ghanaian Supreme Court on Wednesday upheld a law that criminalizes consensual same-sex sexual relations.

Media reports indicate a 7-judge panel unanimously dismissed a challenge to the colonial-era law that Prince Obiri-Korang, a professor at the University of Ghana Law School, filed.

“What most Ghanaians don’t know is that this law of ‘unnatural carnal knowledge’ doesn’t have a sexual orientation on it, even though used against gays,” said Rightify Ghana, a Ghanaian advocacy group, on X. “Whether the person is gay or straight, unnatural carnal knowledge means it is illegal to have anal sex or oral sex/blowjob/BJ.”

What most Ghanaians don't know is that this law of "unnatural carnal knowledge" doesn't have a sexual orientation on it, even though used against gays

Whether the person is gay or straight, unnatural carnal knowledge means it is illegal to have anal sex or oral sex/blowjob /BJ https://t.co/GHc2z4Cenu

— Rightify Ghana (@RightifyGhana) July 24, 2024

Liz Throssell, a spokesperson for the U.N. Human Rights Office in Geneva, on Friday issued a statement that also criticized the ruling.

“We deeply regret the decision by the Supreme Court of Ghana to uphold colonial-era provisions of the Criminal Offenses Act that effectively criminalize consensual same-sex relations,” reads the statement. “The court’s ruling on 24 July is especially concerning given reports of a recent spike in violence against LGBTQ+ people in Ghana.”

Ghana is among the African countries in which consensual same-sex sexual relations remain criminalized.

Burkina Faso’s military government earlier this month announced it plans to criminalize homosexuality in the country that borders Ghana. The Namibian government on July 20 appealed a ruling that struck down the country’s apartheid-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. Advocacy groups in Ghana and around the world, along with the State Department and U.S. Ambassador to Ghana Virginia Palmer have sharply criticized the measure.

Ghanaian 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 U.N. Human Rights Office in Friday’s statement notes “the ongoing legal challenges to the Human Sexual Rights and Family Values Bill.” It also highlights U.N. Commissioner for Human Rights Volker Türk has criticized the measure. 

“We urge Ghana to uphold its obligations under international human rights law, including in the human rights treaties it has ratified, and to ensure that all people living in Ghana, without exception, are able to live free from violence, stigma, and discrimination,” reads the statement.

On July 10, as India’s Supreme Court was engrossed in a pivotal review petition concerning marriage equality, an unexpected twist unfolded.

Justice Sanjiv Khanna, the court’s most senior judge, made the surprising decision to recuse himself from considering the pleas. This unforeseen development added a dramatic layer to a historic and closely watched judicial review.

The pleas seek a review of the Supreme Court’s ruling from last year that declined to legally recognize same-sex marriage. Reports indicate Khanna cited personal reasons for his recusal, adding a layer of intrigue to the already high-stakes proceeding.

In the wake of Khanna’s unexpected recusal, the Supreme Court is set to undergo a significant shift.

According to the court’s procedural rules, Chief Justice Dhananjaya Yeshwant Chandrachud will reconstitute a new 5-judge constitution bench. This pivotal move marks a crucial step in the ongoing legal saga, ensuring the review of the marriage equality case continues with a fresh panel at the helm.

The Supreme Court, led by Chandrachud, on July 9 made a crucial decision regarding the review petition. It declined to grant an open court hearing, stating the constitutional bench review would be conducted in chambers rather than in open court.

The Supreme Court’s clarification came after petitioners, challenging last October’s marriage equality ruling, fervently urged the top court for an open court hearing. Their plea sought transparency and public scrutiny, hoping to bring the issue back into the spotlight.

The court in its October 2023 ruling said the power to extend marriage rights to same-sex couples lies with parliament, not the judiciary, underscoring the need for legislative action to address this crucial issue.

Although the top court refused to grant marriage rights to the queer community in India, it did recognize their right to live free from discrimination. The court affirmed queer people should have the same access to goods and services as their heterosexual counterparts, ensuring protection against bias and unequal treatment in everyday life. This decision, while falling short of full marriage rights, marked a crucial step forward in the fight for equality and dignity for the LGBTQ community in India.

The Supreme Court last year in a landmark ruling said transgender people in heterosexual relationships have the right to marry under the existing legal provisions.

Neeraj Kishan Kaul brought the review petition before the Supreme Court, requesting an open hearing on the case seeking legal recognition of same-sex marriages.

The petition specifically addressed the inclusion of same-sex marriages under the Special Marriage Act (SMA) of 1954, the Foreign Marriage Act of 1969, and the Citizenship Act of 1955, as well as under common law and other existing statutes. This plea highlighted the broad legal framework that could accommodate same-sex marriages, urging the court to reconsider its stance in a transparent and public forum.

The Supreme Court last October also declined to grant adoption rights to the LGBTQ community. The court upheld Regulation 5(3) of the Indian CARA Regulations, asserting that this provision could not be declared void.

According to CARA Regulations, specifically Regulation 5(3), “No child shall be given in adoption to a couple unless they have at least two years of a stable marital relationship, except in cases of relative or step-parent adoption.” This regulation underscores the stringent criteria set for adoption, emphasizing the importance of a stable and legally recognized marriage, thereby excluding LGBTQ couples from adopting children under the current legal framework.

The regulation outlines the eligibility criteria for prospective adoptive parents. According to Regulation 2(b) and (c), a single female can adopt a child of any gender, whereas a single male is not eligible to adopt a girl child.

Although the 2023 judgment did not favor the LGBTQ community regarding marriage equality, the Supreme Court made a significant acknowledgment. It recognized being a member of the LGBTQ community is a natural phenomenon and not an “urban or elite” phenomenon, as previously suggested by the government.

Marriage equality in Thailand gives Indian activists hope; challenges remain

Negha Shahin, who in 2022 became the first trans actress to win a Kerala State Film Awards, told the Washington Blade that LGBTQ Indians continue to face systemic discrimination and legal challenges, particularly in the fight for marriage equality.

“We live in 2024 when humanity has made remarkable advancements in science and technology. We understand the complex theories behind black holes and have successfully sent rockets into space. Yet, it is deeply disappointing that we still fail to recognize and uphold the basic rights of the queer community,” said Shahin. “For years, activists and allies have been advocating for the recognition of same-sex marriages, striving for a society where love and commitment are acknowledged and respected regardless of gender or sexual orientation.”

She said the Supreme Court’s denial of marriage rights for same-sex couples is a major setback. Shahin added it underscores the gap between technological advancements and social progress.

“Denying this right to same-sex couples not only perpetuates inequality but also inflicts emotional and social harm on a significant segment of our population,” said Shahin. “We must increase the chances of achieving marriage equality by pushing for legislative changes.”

“Our lawmakers have a responsibility to create laws that reflect the values of equality and justice for all citizens,” she added. “Without ensuring the basic rights of gender and sexual minorities, we cannot truly claim that India is progressing. It is time for India to bridge this gap and ensure that the rights of the LGBTQIA community are fully recognized and protected. Only then can we truly say that we are growing as nation.”

Shahin discussed the recent passage of a marriage equality law in Thailand, which shares a maritime border with India. (Same-sex couples can also legally marry in Nepal, which borders India.)

She noted Thailand is a monarchy, whereas India is a democracy. Shahin told the Blade that one may have expected India to extend marriage rights to same-sex couples first, given the country’s democratic values and its emphasis on equality.

“Seeing a neighboring country like Thailand legalize same-sex marriage may create pressure on Indian lawmakers to address the issue more seriously,” she said. “It highlights the disparity in rights between countries and could push Indian politicians to consider similar legalization to avoid falling behind in terms of human rights.”

Souvik Saha, founder of People for Change, one of India’s premier LGBTQ rights groups, told the Blade that as an activist who works for LGBTQ rights in Jharkhand state, he sees recent developments regarding the Supreme Court’s review petition on same-sex marriage as a significant step forward.

“The recusal of a judge and the constitution of a new bench indicate a reevaluation of existing legal perspectives, potentially paving the way for progress towards marriage equality in India,” said Saha. “The global trend towards marriage equality, such as Thailand’s recent move, can certainly influence India’s judicial decisions and societal perceptions.”

“Thailand’s legalization of same-sex marriage in 2024 reflects a growing global acceptance and recognition of LGBT rights. This shift is noteworthy because it demonstrates that cultural attitudes and legal frameworks are evolving to embrace equality and human rights,” he added.

The Supreme Court in 2018 decriminalized consensual same-sex sexual relations in India.

Saha said there has been increasing momentum towards broader inclusion and equality since that landmark ruling. The U.N. Development Program’s 2020 report on LGBTQ rights in India he notes indicates this progress has been uneven.

The UNDP notes legal recognition and protection against discrimination are crucial steps towards achieving full equality. The involvement of civil society organizations and advocacy groups, such as those in Jharkhand, plays a crucial role in pushing for inclusive policies and legal reforms.

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 [email protected]. He is on Twitter at @mohitkopinion.

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

The country’s High Court last month ruled the statutes are unconstitutional.

The Namibian Broadcasting Corporation reported Justice Minister Yvonne Dausab; Prosecutor General Martha Imalwa; Attorney General Festus Mbandeka; and the Home Affairs, Safety, and Security and Defense Ministries appealed the ruling to the Namibian Supreme Court on July 20.

“The government has given notice that they will appeal the landmark decriminalization ruling to the Supreme Court,” said Omar van Reene, founder of the Namibia Equal Rights Movement, a Namibian advocacy group, on Wednesday in a statement posted to Facebook. “This is done with two motives: 1) to buy cheap campaign points to their minority homophobic base (and) 2) showing that they are fighting against ‘homosexuality’ in the country.”

Namibia gained its independence from South Africa in 1990.

“We know our constitution is clear, that apartheid-era laws have no place in a born-free Namibia,” said van Reene. “So, fear not, dive into community and not into despair. We will win at the Supreme Court, and this will actually only further entrench, solidify and enshrine our constitutional rights.”

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

The Namibian Supreme Court last year ruled the country must recognize same-sex marriages legally performed elsewhere. The landmark decision sparked criticism among leading politicians and religious officials.

The U.N. human rights chief and UNAIDS’s executive director have reiterated their calls for countries to decriminalize consensual same-sex sexual relations.

“Laws criminalizing LGBTQ+ people must be consigned to history,” said Volker Türk and Winnie Byanyima in a statement they released on July 19.

The 25th International AIDS Conference began in Munich on Monday.

The statement notes Angola, Antigua and Barbuda, Barbados, Belize, Bhutan, Botswana, the Cook Islands, Dominica, Gabon, India, Mauritius, Mozambique, Namibia, Nauru, Palau, St. Kitts and Nevis, Seychelles, Singapore, and Trinidad and Tobago over the last decade have repealed laws that criminalized consensual same-sex sexual relations.

The Namibian High Court on June 21 struck down the country’s Apartheid-era sodomy laws. 

Dominica’s High Court of Justice in April ruled provisions of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” were unconstitutional. Justice Kimberly Cenac-Phulgence in the decision said “the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

Burkina Faso’s military government earlier this month said it plans to criminalize consensual same-sex sexual relations in the country. Ugandan activists continue to challenge their country’s Anti-Homosexuality Act.  

Activists maintain criminalization laws harm people with HIV/AIDS, among other groups. Türk and Byanyima in their statement say these statutes “harm public health.”

“Criminalization of LGBTQ+ people generates justified fear amongst people who need access to health services, and amongst the frontline workers who provide those services,” they said.

“In criminalizing countries, there is decreased provision and uptake of HIV prevention services, and decreased uptake of HIV care and treatment services,” added Türk and Byanyima.

They conclude the “decriminalization of LGBTQ+ people is vital for protecting everyone’s human rights and everyone’s health.”

SOUTH KOREA
The South Korean Supreme Court delivered a victory for same-sex couples last week, upholding a lower court ruling that found same-sex couples must be given equal access to benefits under the country’s National Health Insurance Service.

The ruling is a landmark as the first legal recognition of same-sex couples in the East Asian nation.

The Supreme Court ruled that the NHIS refusal to provide spousal benefits to same-sex couples was unconstitutional discrimination. The ruling is final.

The case was filed by a gay couple, So Seong-wook and Kim Yong-min, in 2021 after the NHIS revoked So’s registration as a dependent of Kim and imposed a new premium. So and Kim had been a couple since 2017 and had held a marriage ceremony in 2019.

The NHIS allows married or common-law heterosexual couples to register as dependents in employer-backed insurance but had no policy recognizing same-sex couples.

The Seoul Administrative Court ruled for the NHIS in 2022, but the following year that decision was overturned by the Seoul High Court, which ruled for the couple that the denial was discriminatory.

“When I listened to the verdict, I was so moved that I couldn’t hold back my tears,” So told reporters outside the court. “It took four years to earn this dependent status. We need to fight harder to legalize same-sex marriage going forward.”

The advocacy group Marriage for All Korea said in a statement that the decision was just a first step.

“This decision brings hope to other same-sex couples living in Korean society and is a huge milestone toward marriage equality and equal citizenship for LGBTQ people. However, same-sex couples who are not legally recognized in their marriage still experience various forms of discrimination,” the statement says.

“The lengthy and arduous lawsuits that same-sex couples must endure to gain single rights as a spouse, as seen in this case, should no longer be necessary. Fundamentally, we will continue to push for a broader marriage equality movement to eliminate all institutional discrimination that hinders same-sex couples from legally marrying and fully enjoying their rights as spouses, and for LGBTQ people in Korea to enjoy equal citizenship.”

Several bills to recognize same-sex marriage or civil unions and to ban discrimination against LGBTQ people have been introduced by opposition members in South Korea’s parliament over the years, but none has progressed.

LITHUANIA
A final attempt to pass a long-stalled civil union bill before the end of the current session of Parliament came to an anticlimactic end on July 18, as the government withdrew the bill from the agenda before the final day session began.

The civil union bill had long been a bone of contention in the fractious governing coalition whose largest party is the conservative Homeland Union and includes the more progressive Freedom Party, which had made the bill a priority.

The bill passed through two readings in parliament in part with the support of leftist opposition parties, but when the opposition withdrew their support of the bill — in part to deny the government a win on the issue — the coalition no longer had enough votes to get it passed, as a segment of the Homeland Union opposed it.

Over the past month, the Freedom Party had attempted to strong-arm the Homeland Union holdouts into supporting the bill, by threatening to block Lithuania’s appointment of a European commissioner unless the party supported the bill.

In the last few days of parliament’s session before the legislature is dissolved for October elections, it seemed that the parties had come to an agreement, and the civil union bill was going to be put on the agenda for a final vote on the final day of the session.

But the opposition Social Democrats refused to play ball, once again preferring to deny the government a victory on the file, even though the Social Democrats had campaigned on supporting civil unions in the past. Without their votes, the bill would be doomed to fail.

The government withdrew the bill from the agenda rather than allow it to fail. This will allow the bill to be brought back by the new parliament in October, rather than starting the process over again.

Despite the bill’s withdrawal, anti-LGBTQ protesters met outside the parliament and burned rainbow flags. Vilnius police said they are investigating potential charges of incitement to hatred.

The two-round parliamentary election is scheduled for Oct. 13 and Oct. 27, and polling shows the Social Democrats currently hold a wide lead.

Lithuania is one of only five European Union countries that do not recognize same-sex unions. The others are Romania, Bulgaria, Slovakia, and Poland, the latter of which has proposed a civil union bill that its government hopes to pass in the fall.

UNITED KINGDOM
The newly elected Labour government under Prime Minister Keir Starmer included a ban on conversion therapy in the King’s Speech that opened parliament on July 17, indicating that the bill will be a priority item during the session.

The King’s Speech is a tradition in UK politics, where the monarch reads a speech prepared by the government outlining its priorities for the upcoming session of parliament, usually lasting about a year.

During the election campaign, Starmer had pledged to back a transgender-inclusive ban on the abusive practice of conversion therapy, an issue which has become a political lightning rod in the UK over the past decade as a wave of anti-trans hysteria has gripped the media and much of the political class.

The previous Conservative government had pledged to ban conversion therapy six years ago but failed to bring a bill forward after floating the idea that the bill would allow conversion therapy for trans youth.

The UK LGBTQ advocacy group Stonewall praised the commitment to a conversion therapy ban in a statement.

“We welcome the new government’s commitment to banning conversion practices. Each day that these abusive practices remain legal, our communities are put at risk,” the statement says. “The government needs to urgently publish a comprehensive bill to ban these abhorrent practices once and for all.”

But the new government’s approach to trans issues is not entirely praiseworthy.

Two weeks ago, new Labour Secretary of State for Health Wes Streeting announced that his government was defending and extending a ban on puberty blockers for trans youth that was put in place by the Conservatives. That action has been denounced by trans activists and legal experts.

JAPAN
A trans woman is suing for the right to change her legal gender without first divorcing her wife, in a challenge to the nation’s laws surrounding both same-sex marriage and gender recognition.

The woman, who has not been identified, is in her 50s and has been in a long-term marriage to her wife, who is in her 40s, and neither partner wants to divorce. While she has legally changed her name to a woman’s name, her identification still lists her as “male,” which forces her to have uncomfortable conversations outing her trans status whenever she needs to show official documents.

Since 2003, it has been possible for trans people to update their legal gender in Japan, but only if they are unmarried. That essentially forces any married trans person to divorce their partner if they want to update their gender.

In 2010, the Japanese Supreme Court upheld the requirement that trans people be unmarried to update their legal gender, calling the situation “reasonable” and saying it did not violate the constitution.

But the woman’s lawyers believe the legal situation has changed.

Since 2021, several district courts across Japan have found that the ban on same-sex marriage is unconstitutional. While that has not yet legalized same-sex marriage, these cases will eventually be decided by the Supreme Court. If the court agrees with the lower courts that the ban on same-sex marriage is unconstitutional, then it should also find the divorce requirement for trans people to be unconstitutional.

Yoko Mizutani, one of the woman’s lawyers, says this case may also contribute to legalizing same-sex marriage.

“Many of those concerned have resigned to the notion that if same-sex marriages are not recognized, the unmarried requirement of the act will not change. If we win this petition, it could also help resolve the issue of same-sex marriage.”

SPAIN
The Constitutional Court has provisionally blocked an anti-LGBTQ law passed by the government of the Madrid Community that stripped a number of legal protections from LGBTQ people; citing constitutional, discriminatory, and jurisdictional issues.

Last year, the local government, which is led by the right-wing People’s Party and supported by the far-right Vox party, passed a bill that stripped legal recognition of trans youth, stopped allowing legal gender change without a medical diagnosis, allowed anti-LGBTQ discrimination and authorized conversion therapy.

Despite these legal protections being stripped at the local level, national laws still afforded LGBTQ people all of these rights and protections.

The national government, which is currently led by the left-wing People’s Socialist Party, filed for the injunction against the law, which it called unconstitutional, which the Constitutional Court has accepted.

Philadelphia Gay News published this article on July 18. The Los Angeles Blade is publishing it with permission.

BY LAUREN ROWELLO | Argentina is known for implementing some of the most comprehensive federal laws to protect and affirm transgender people. In 2012, the country became the first to pass legislation that gives its trans citizens the right to be recognized and treated in accordance with their gender identities — and the right to develop a sense of personhood associated with this experience.

This law gave Argentines the right to change their legal documents to display accurate gender markers and updated names — something many trans people in the U.S. are still unable to pursue because of differences in state laws regarding the matter. Among various other rights — including confidentiality — the legislation also grants trans people in Argentina the right to access comprehensive hormone therapies and gender-affirming surgeries.

But the right to pursue authenticity doesn’t mean trans-competent care is readily available. That’s why Dr. Alireza Hamidian Jahromi, MD, director of the gender affirmation surgery program at Temple University Hospital, is passionate about collaborating with providers across borders.

He recently traveled to Buenos Aires with Dr. Michael Metro, MD, director of reconstructive urology at Temple University Hospital, to jointly perform the first-ever penile inversion vaginoplasty in Argentina.

“A lot of teaching and training has to happen before you can perform a surgery,” Hamidian Jahromi underlined, noting that resources — including access to trans-specific training — can be limited in some areas, especially for genital reconstructions or “bottom” surgeries.

For instance, in 2012 — the year Argentina’s trans-affirming legislation was passed — the U.S. had only six surgeons performing genital reconstruction surgeries. A lack of surgeons greatly limits a surgery’s availability. Today, more doctors are starting to learn about and perform these procedures in the U.S. — but insurance does not always cover them and some state laws are attempting to further limit people’s ability to pursue them.

To overcome the unique hurdles and barriers that each country faces, Hamidian Jahromi — who is on the central committee for certification and mentorship at WPATH (World Professional Association for Transgender Health) — urged advocates to not only raise awareness of trans people and their needs but also to push for stronger and more accessible training and education for healthcare providers.

“[Surgeons] specifically have to go through a special training in order to know how to bring their skills together to be able to align them with the patient’s specific need,” Hamidian Jahromi said, adding that a specialization in gender-affirming surgery requires many years of training to develop expertise.

Exposure to and experience in a variety of related fields — such studying and collaborating closely with both urology and plastics — is necessary, and finding programs and professionals to study under can be an additional challenge.

The first trans-specific surgical fellowship in the U.S. didn’t open until 2017. It took more than nine years of education — along with additional surgical experience completed in Europe — for Hamidian Jahromi to become fellowship trained and specialized in trans-specific surgical interventions.

It takes a lot of time and intentional effort to build a comprehensive program that can competently and efficiently meet the needs of its patients. A lack of appropriate training can and has led to botched procedures, infections, and other disastrous outcomes.

Fortunately, there are more resources for learning and honing these skills across the United States than there were in the past. Hamidian Jahromi, who is the assistant professor of Plastic and Reconstructive and Gender Affirming Surgery at the Lewis Katz School of Medicine at Temple University, often trains surgeons, fellows and residents here in Philadelphia today.

Continued learning is not only key to the development of trans-specific programs and new providers. Trans-competent experts rely on information-sharing between professionals to constantly challenge themselves in new ways with the hope of improving their skills, advancing their understanding of best practices, and implementing new techniques in how to better care for trans people.

Because of this desire and ability to share and exchange skills, Hamidian Jahromi was able to observe the surgeries and study with colleagues at NYU — who pioneered a robotics-assisted peritoneal flap vaginoplasty, which is more minimally invasive than traditional methods. Temple is now one of just a handful of programs to offer surgeries using this technique.

It’s just one of various modalities used to help Hamidian Jahromi’s patients achieve their goals.

“A lot of [needs] could be different in every patient,” Hamidian Jahromi explained about the differing challenges, unique experiences and individual perspectives of each patient — who all have a different idea about what a positive outcome will look like for them. “And that’s actually a welcome part of these kinds of surgeries for me — because you have to see the patient, you have to see the world through their eyes, you have to try to understand.”

“I also have to mention that a lot of these surgeries need more than one surgeon at the time of the surgery. It’s multi-speciality,” he added, explaining that teams of experts in those related fields often work together to achieve the best outcomes. “So when I’m standing here in front of you, I’m standing on a pillar of different members of my team that all work together very closely in order to create a success story for each individual patient. It’s a whole team’s work.”

Hamidian Jahromi, who is cisgender, was drawn to trans healthcare because he appreciated the opportunity to make such a positive difference in the lives of patients and to develop longer relationships with each person he supports.

“When you put together the happiness and the help you’re providing for the patients, I’m very well-rewarded every day,” he added.

The licensing, operation, and funding of LGBTQ organizations and other human rights groups in Uganda will now be under the government’s strict supervision.

President Yoweri Museveni on July 16 signed the Non-Governmental Organizations (Amendment) Act, 2024, that dissolves Uganda’s National Bureau of NGOs, which regulated the groups. The new law places its work under the Internal Affairs Ministry’s authority.

Museveni assented to bill after parliament passed it in April. MPs accused the NGOs Bureau of impeding the monitoring of NGOs activities, such as the promotion of homosexuality, that violate Ugandan law.

“I want you people (MPs) to be very careful when you are talking about NGOs,” Speaker Anita Among said during the parliamentary debate. “This is where money is being laundered into the country; this is how homosexuality money is coming into the country.”

The MPs noted that allowing the taxpayer-funded NGOs Bureau to operate independently without the State’s close supervision was putting Uganda at risk of losing its national objective of protecting its citizens from what they described as unwanted foreign practices through “funny money” given to LGBTQ rights organizations.

“I am aware of some NGOs that have been operating and doing things that are contrary to our own values and cultures, but I believe police and other agencies have been dealing with those other NGOs,” MP Sarah Opendi, who is a vocal LGBTQ rights opponent, said.

The MPs also backed the move for the NGOs Bureau to be under the Security Ministry’s oversight as “critical” by accusing it of bureaucracy in getting licenses and information. The NGOs regulator, however, does not allow the licensing of LGBTQ lobby groups for promoting homosexuality.

The NGOs Bureau in August 2022 halted the operations of Sexual Minorities Uganda, a group that fights discrimination against LGBTQ people in the country, because it was not registered by it or the Uganda Registration Services Bureau as Ugandan law requires. This decision came despite SMUG’s attempt in 2012 to reserve the name with the Uganda Registration Services Bureau for incorporation but the name was rejected for being “undesirable.”

The NGOs Bureau in stopping SMUG’s operations also noted the group did not have a physical office or location, and its representatives were reluctant to disclose it, despite partnering with the Health Ministry, the Uganda Human Rights Commission, and the Uganda police.

The NGOs Bureau, however, established government institutions that partnered with SMUG were unaware that it operated illegally.   

The NGOs Bureau’s move to halt SMUG’s operations “with immediate effect” prompted the group to challenge the decision in a lower court and then the Court of Appeal. SMUG lost both cases.    

SMUG Executive Director Frank Mugisha on Thursday, two days after Museveni signed the NGOs law, petitioned the Supreme Court to overturn the Court of Appeal’s ruling against SMUG.

“Today, we filed a case at the Supreme Court of Uganda to challenge the decision by the Court of Appeal rejecting the registration of Sexual Minorities Uganda,” Mugisha stated.    

Mugisha, together with two other LGBTQ activists, Dennis Wamala and Ssenfuka Joanita Wary, argue the Court of Appeal judges’ application of the principle of public morality in interpreting constitutional and human rights law in its March 12 ruling was erroneous.

“The learned justices of the Court of Appeal erred in law when they held that the proposed objectives of Sexual Minorities Uganda (SMUG) are criminal and prohibited under Section 145 of the Penal Code Act,” reads the Supreme Court petition.

The three appellants also argue the Court of Appeal judges incorrectly maintained SMUG’s name was “undesirable” and the NGOs Bureau was within its mandates to disallow the registration in the “public interest” under the Companies Act. They also argue the Court of Appeal judges erred when they dismissed their appeal and want the Supreme Court to grant them to fully consider their petition.

 “It is proposed to ask the Supreme Court for orders that the decision and orders of the Court of Appeal be set aside and substituted with orders of this honorable court,” reads the petition.  

Activists consider the NGOs Bureau and the Uganda Registration Services Bureau’s decision to reject SMUG’s registration a violation of the right to freedom of expression and association. 

The appeal of the Court of Appeal’s ruling to the Supreme Court comes on the heels of the appeal of the Constitutional Court’s ruling that upheld the Anti-Homosexuality Act that Museveni signed in May 2023. Mugisha is among the 22 activists who petitioned the Supreme Court to overturn the Constitutional Court’s ruling on July 11.

The Human Rights Campaign Foundation and LGBT+ Public Policy Institute of Argentina last week released their third annual report on the inclusion of LGBTQ people in the country’s workplaces.

The Global Workplace Equity Program: Equidad AR evaluates major Argentine and multinational companies and policies for their LGBTQ employees.

The total number of participating companies in this year’s survey increased from 76 to 82, which reflects a growing commitment to creating LGBTQ-inclusive policies and practices in Argentine workplaces. The report also notes 224,649 queer employees, which is a 120 percent increase over last year.

The HRC Foundation’s AR Equity Program is based on the HRC Corporate Equity Index, the leading survey that assesses LGBTQ workplace in the U.S. Companies that lead the way in LGBTQ inclusion and equity earn the HRC Foundation’s “Best Places to Work LGBT+ 2024” designation.

Fifty-five of the 82 participating companies in Argentina earned this certification this year. They represent 26 different business sectors.

“As we’ve seen countless times, when organizations implement LGBT+ policies, everyone wins: Workers are better able to reach their full potential and employers reaffirm their commitment to treating all people with dignity and respect,” said RaShawn Hawkins, senior director of the HRC Foundation’s Workplace Equality Program. “We are very proud of our partners for the work they have done to advance LGBT+ equality in their workplaces and look forward to continuing to work with them as partners in this fight.”

The commitment to LGBTQ-inclusive policies and practicies is significant in a different way for the community in Argentina this year.

HRC indicated “recent public administrative changes focused on the LGBT+ community motivated the private sector to generate more opportunities to grow and develop its diverse workforce through business.”

President Javier Milei and his government have faced criticism over the closure of the National Institute against Discrimination and the Ministry of Women, Gender, and Diversity. 

“The complex context that Argentina is experiencing of difficulties, hostility, and refusal of the national government to sustain many of the public policies that were carried out in recent years, puts the private sector at the center, which clearly has all the conditions to make an important contribution and become a decisive factor to support from another place different from the one we have been used to because the State has run away,” gay Congressman Esteban Paulón told the Washington Blade.

The congressman added “the private sector, and from the cooperation between the public sector and the private sector, can work and sustain many of the achievements that have been achieved in these years.” Paulón said they include implementation of a labor quota for transgender people that Milei’s government is no longer implementing, but “could be sustained” with a “firm commitment” from the private sector.

Onax Cirlini, HRC’s AR Equity implementing partner, said that “beyond the institutional efforts highlighted in this report, we see the dynamics generated by activism organized by employee resource groups (ERGs)/business resource groups (BRGs) or affinity groups.” 

“This internal momentum, often led by people in the community itself, enhances institutional equality efforts by providing continuity and persistence,” said Cirlini.

Dolores Covacevich, another HRC AR Equity implementing partner, stressed the group recognizes “the importance of every role within companies and organizations as they work toward the integration of diversity, equity and inclusion policies, and the commitment to LGBT+ inclusion efforts.”

“We know that none of this work would be possible without inclusive leadership that promotes these processes,” said Covacevich.

HRC has worked with groups in Mexico, Chile, and Brazil to implement similar indexes in their respective countries.