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Mexican Supreme Court rules against same-sex marriage ban

Three gay Oaxacan couples challenged denial of marriage licenses, ruling opens possibility of same-sex marriage throughout the country.

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Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico
Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico

Lawyer Alex Ali Mendez Diaz represented three same-sex couples from the Mexican state of Oaxaca whom local authorities denied marriage licenses. (Photo courtesy of Alex Ali Mendez Diaz)

The Mexican Supreme Court on Wednesday unanimously struck down a law in the southern state of Oaxaca that defined marriage as between a man and a woman.

Three couples — Lizeth Citlalli Martínez Hernandez and María Monserrat Ordóñez Narváez, Jesús Reyes Álvarez and Guillermo Emmanuel Martínez Pimental and Karina Mendieta Pérez and Gabriela Castellanos Mota — tried to apply for marriage licenses in Oaxaca, but local authorities denied their applications.

Lawyer Alex Alí Méndez Díaz filed lawsuits on behalf of two of the couples in Aug. 2011 and a third in January who sought legal recourse, known as an “amparo” in the Mexican judicial system, that would ensure local authorities would protect their constitutional rights. Geraldina González de la Vega, a lawyer who advised Méndez, noted to the Washington Blade this “remedy can be used against laws or acts of authority” in Mexico.

A Oaxacan court in April ruled in favor of Martínez and Ordóñez, but against Reyes and Martínez and Mendieta and Castellanos. An appellate judge in August cited the Mexican constitution that bans anti-gay discrimination in his ruling that ordered Oaxacan authorities to allow same-sex marriages.

The state’s governor and Congress petitioned the Mexican Supreme Court to review the case — Méndez also asked the tribunal to determine the criteria under which the Oaxacan marriage law should be understood.

“The court did not declare the unconstitutionality of the law, but the effect of its application is that the justices said that one would have to understand marriage is a contract celebrated between two people without any reference to the sex of those who enter into it,” Méndez told the Washington Blade during an interview from Mexico City hours after the justices issued their decision.

Same-sex couples have been able to legally marry in the Mexican capital since 2010, and the Mexican Supreme Court has ruled other states must recognize same-sex marriages legally performed in Mexico City. Same-sex couples have also married in Quintana Roo, which includes the resort city of Cancún on the Yucután Peninsula.

The state of Coahuila offers property and inheritance rights and other limited legal protections to same-sex couples.

The latest Mexican Supreme Court decision only applies to Oaxaca, but advocates maintain these cases will open the doors to same-sex marriages across the country.

González noted the court needs to issue five rulings before the “amparo” will “have general effects” throughout the country.

“We already have three,” she said.

“These cases set a precedent that can be invoked in any other state in Mexico,” Méndez added. “While it is not obligatory for those who must resolve these new cases, there is a high possibility that the result will be the same as what we have obtained in Oaxaca.”

Enrique Torre Molina, an LGBT activist and blogger in Mexico City, agreed.

“It’s not going to be long before same-sex marriage is a reality in the whole country,” he told the Blade on Wednesday. “It’s a matter of same-sex couples who have been thinking about getting married and haven’t done it either because they’re not in Mexico City and traveling is not an option or because they were going to get no for an answer. It’s just a matter of time of trying it out as these couples in Oaxaca [did] and sort of contribute to this history.”

The Mexican Supreme Court issued its ruling hours after a Colombian Senate committee approved a measure that would legalize same-sex marriage. Senators in the South American country are expected to debate the bill on Tuesday.

Same-sex couples have been able to legally marry in Argentina since 2010. Neighboring Uruguay allow civil unions for gays and lesbians, but the country’s lawmakers are expected to debate a same-sex marriage measure on Tuesday.

The Inter-American Court of Human Rights in February ruled in favor of lesbian Chilean Judge Karen Atala who lost custody of her three daughters to her ex-husband in 2005 because of her sexual orientation. Three gay Chilean couples who had been denied marriage licenses filed a lawsuit with the tribunal in September after the country’s Supreme Court ruled against them.

The Mexican Supreme Court cited the Atala case in its decision.

“Our country has already been sanctioned on many occasions by the IACHR,” Méndez said. “Our country, being part of this Inter-American system, will have to follow this trend in regard to protecting the human rights of the LGBT community.”

J. Lester Feder, a former Politico reporter who has covered the same-sex marriage throughout Latin America for four months for his blog AfterMarriage.org, noted to the Blade from Oaxaca that courts throughout the region often look to those in other countries in reaching their own decisions. He said the Atala case is one of the legal precedents the Oaxacan couples used in their successful lawsuits.

Justice José Ramón Cossío told CNN en Español he expects the same-sex marriage could become a reality throughout the country within a few months.

“The three cases are effective with respect to the state of Oaxaca,” he said. “By the position that we have on the Supreme Court as the country’s highest tribunal, it is foreseeable that if other people from other federal entities challenged a code that had a similar condition, the court would reiterate its criteria and within the next few months will guarantee the juris prudence that will become mandatory.”

Feder agreed.

“It means that it’s very likely universal marriage rights are going to be available in Mexico well before the United States,” he said. “International human rights law in the Americas is [increasingly interpreting] marriage rights as human rights, but the United States legal system doesn’t internalize international norms. We’re not participating in that trend.”

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European Union

Activists demand EU sanction Uganda over Anti-Homosexuality Act

Yoweri Museveni signed law on May 29, 2023

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Hillary Innocent Taylor Seguya, an LGBTQ rights activist, speaks at a protest in front of the European Union Delegation to the United States’s offices in D.C. on April 18, 2024. (Washington Blade photo by Michael K. Lavers)

More than a dozen activists who protested in front of the European Union Delegation to the United States in D.C. on Thursday demanded the EU to sanction Uganda over the country’s Anti-Homosexuality Act.

Hillary Innocent Taylor Seguya, a Ugandan LGBTQ activist, and Global Black Gay Men Connect Executive Director Micheal Ighodaro are among those who spoke at the protest. Health GAP Executive Director Asia Russell also participated in the event that her organization organized along with GBGMC and Convening for Equality Uganda, a Ugandan LGBTQ rights group.

(Washington blade video by michael k. lavers)

Ugandan President Yoweri Museveni last May signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The country’s Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.

A press release that Health GAP issued ahead of Thursday’s protest notes EU Commissioner for International Partnerships Jutta Urpilainen on March 6 announced more than €200 million ($212.87 million) for Uganda in support of “small business owners, young female entrepreneurs, agribusinesses as well as vital digital infrastructure projects in full Team Europe format with the European Investment Bank (EIB) and several member states.”

“These concrete initiatives will make a difference to aspiring entrepreneurs, Ugandan businesses and create jobs in multiple sectors,” said Urpilainen in a press release that announced the funds. “This is a perfect example of how Global Gateway can make a tangible difference for citizens and businesses and unlock the full potential of a partner country by working together.”

Convening for Equality Uganda on Tuesday in a letter they sent to Urpilainen asked the EU to review all funding to Uganda and “pause or reprogram any funds that go via government entities.” The protesters on Thursday also demanded European Commission President Ursula von der Leyen “to hold Ugandan President Museveni’s government accountable for this attack on human rights.”

Josep Borrell, the EU’s top diplomat, in a statement he released after Museveni signed the Anti-Homosexuality Act said the law “is contrary to international human rights law and to Uganda’s obligations under the African Charter on Human and People’s Rights, including commitments on dignity and nondiscrimination, and the prohibition of cruel, inhuman or degrading punishment.”

“The Ugandan government has an obligation to protect all of its citizens and uphold their basic rights,” said Borrell. “Failure to do so will undermine relationships with international partners.”

“The European Union will continue to engage with the Ugandan authorities and civil society to ensure that all individuals, regardless of their sexual orientation and gender identity, are treated equally, with dignity and respect,” he added.

Urpilainen last September in a letter to the European Parliament said the EU would not suspend aid to Uganda over the law.

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India

Indian political parties for the first time include LGBTQ rights in election platforms

Voters will begin to cast ballots on April 19

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(Photo by Rahul Sapra via Bigstock)

The world’s largest democratic exercise will begin in India on April 19 as citizens begin to cast their votes in the country’s election.

This year’s election is different because national level political parties for the first time are promising to extend marriage rights to same-sex couples as part of their election platforms. 

The Indian National Congress, one of India’s oldest political parties, promised after wide consultation that it would introduce a bill that would recognize civil unions between couples who are part of the LGBTQ community. The party, which has governed India for the majority of the period since independence from the U.K. in 1947, has refrained from taking a stance on laws that include Section 377, which criminalized consensual same-sex sexual relations.

Then-Health Minister Gulam Nabi Azad in 2011 when the INC was in power said homosexuality is a disease. He made the controversial comment while speaking at an HIV/AIDS conference in New Delhi, the Indian capital.

“Unfortunately, this disease has come to our country too,” said Azad. “Where a man has sex with another man, which is completely unnatural and should not happen but does.”

When the Delhi High Court was hearing the Naz Foundation case, the Home Affairs Ministry opposed the striking down of Section 377 based on its belief that homosexuality cannot be morally condoned. The INC never struck down Section 377, which criminalized homosexuality, in parliament.

A 5-judge panel on the Supreme Court on Sept. 6, 2018, decriminalized consensual same-sex sexual relations.

The Communist Party of India (Marxist) on April 4 unveiled its platform with a range of socialist commitments, including support for LGBTQ rights. Among these pledges is to amend the Transgender Persons (Protection of Rights) Act 2019 to address community concerns and ensure legal recognition and protection for same-sex couples akin to marriage. 

The platform also outlined plans to introduce a bill similar to the Special Marriage Act of 1954, which allows partners to be listed as dependents and facilitating like inheritance, alimony in the event of divorce and other issues. The party further pledged to enact a comprehensive anti-discriminatory bill that would include LGBTQ people, ensure quotas in educational institutions and implement horizontal reservations in employment. 

Addressing the issue of crimes against LGBTQ people, the platform promised to treat such offenses on par with crimes against heterosexuals. The platform also calls for tackling bullying, violence and harassment of gender non-conforming and LGBTQ people in educational settings, enforcing anti-hazing policies and combating hazing based on sexual orientation and gender identity. 

The platform further touched issues related to transition and informed consent.

The Special Marriage Act of 1954 is a law that provides for civil unions among Indians and Indian nationals who live abroad, regardless of the religion or faith followed by either party. This law enables people from two different religious backgrounds to enter into marriage. Parliament in 2019 passed the Transgender Persons (Protection of Rights) Act that extended rights to trans people.

Brinda Karat, a former member of the Rajya Sabha, the upper house of the Indian Parliament, and leader of the Communist Party of India (Marxist), spoke with the Washington Blade and said the current government has homophobic ideas that are not acceptable to the party.

The ruling government under Prime Minister Narendra Modi is striving to secure more than 400 parliament seats in the upcoming election, aiming for a substantial majority. 

Various polls conducted by Indian news organizations indicate a probable victory for the ruling Bharatiya Janata Party. In response to the BJP’s dominance, Congress and several national and regional parties have joined forces as the Indian National Developmental Inclusive Alliance. 

This alliance comprises 26 opposition political parties. Despite its formation, however, there is no clear coalition strategy in place and only two parties have included LGBTQ-specific policies in their election platforms. 

The Blade reached out to Congress’ spokesperson for comment, but has not received a response. The BJP also did not respond to a request for comment.

The party has yet to release its election platform. 

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

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

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

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

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

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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