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European court rules religion cannot justify anti-gay discrimination

Four British Christians claimed unfair job discrimination because of their beliefs

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European Court of Human Rights, Strasbourg, gay news, Washington Blade

The European Court of Human Rights on Tuesday ruled religion cannot justify discrimination against same-sex couples. (Photo by CherryX via Wikimedia Commons)

The European Court of Human Rights on Tuesday ruled religious beliefs cannot justify discrimination against same-sex couples.

The tribunal in Strasbourg, France, ruled against two British Christians who claimed their employers unfairly discriminated against them because of their opposition to relationship recognition for gays and lesbians and homosexuality.

Registrar Lillian Ladele claimed the Borough of Islington outside London unfairly disciplined her because she refused to officiate civil partnership ceremonies for same-sex couples after the United Kingdom’s civil partnership law took effect in 2005. Gary McFarlane accused the Relate Federation, an English counseling service, of firing him in 2008 because he said he may object to providing sex therapy to gay and lesbian couples because of his religious-based opposition to homosexuality.

“We welcome the ECHR’s ruling,” Relate Chief Executive Ruth Sutherland said in a statement. “We believe that it is further endorsement that Relate acted in an appropriate manner and fully in compliance with the law in the case regarding Gary McFarlane. The ruling supports our view that Relate acted properly and that it was Mr. McFarlane who was in breach of his agreed terms and conditions of employment. For Relate, this case has always been about protecting the right that every Relate client has to impartial, unbiased and empathetic counseling and sex therapy in line with our charitable aims.”

The court also ruled against a nurse who claimed she lost her job at an English hospital because she refused to remove her necklace with a cross. British Airways employee Nadia Eweida received €32,000 in damages after the airline suspended her for wearing a cross necklace to work.

“Today’s judgment is an excellent result for equal treatment, religious freedom and common sense,” Shami Chakrabarti, director of Liberty, a British human rights group, said in a statement. “Nadia Eweida wasn’t hurting anyone and was perfectly capable of doing her job whilst wearing a small cross. She had just as much a right to express her faith as a Sikh man in a turban or a Muslim woman with a headscarf.”

The Religion News Service reported that Alliance Defending Freedom, an American anti-gay organization, said “Christian employees should not be singled out for discrimination,” but categorized the court’s decision to reject the other three cases as “extremely disappointing.”

LGBT rights advocates in the U.K. and across Europe quickly applauded the decision.

“With this ruling, the court has established that freedom of religion is an individual right,” Sophie in ‘t Veld, vice-president of the European Parliament’s LGBT Intergroup, said in a statement. “It is emphatically not a collective right to discriminate against LGBT people, women, or people of another faith or life stance. Religious freedom is no ground for exemption from the law. The court showed conclusively that the principle of equality and equal treatment cannot be circumvented with a simple reference to religion.”

Ben Summerskill, chief executive of the British LGBT advocacy group Stonewall, agreed.

“Today’s judgment rightly confirms that it’s completely unacceptable in 2013 for public servants to pick and choose who they want to serve on the basis of sexual orientation,” he said. “Gay people contribute over £40 billion annually to the cost of public services in this country. They’re entitled to nothing less than equal treatment from those services, even from public servants who don’t happen to like gay people.”

The court’s ruling coincides with the expected introduction of a bill in the British Parliament in the coming weeks that would extend marriage rights to same-sex couples in England and Wales. Scottish lawmakers are expected to consider a similar measure this year.

French legislators on Jan. 29 will begin to debate a proposal that would extend marriage and adoption rights to same-sex couples in France. More than 350,000 people marched through the streets of Paris on Sunday in opposition to the bill.

COC Netherlands, a Dutch LGBT advocacy group, said the European Court of Human Rights’ decision “clears the way” to repeal the exemption to the country’s 2001 same-sex marriage law that allows civil servants to refuse to marry gays and lesbians.

“Now that even the European Court rules against civil servants that refuse to marry gay couples, the way to ending this phenomenon in the Netherlands has been cleared,” COC Netherlands President Tanja Ineke told the Washington Blade. “We call on the Dutch government to take measures to end this phenomenon immediately and put an end to this long lasting debate.”

Tamás Dombos of the Hungarian LGBT advocacy group Háttér noted to the Blade that the Constitutional Court of Hungary has ruled registrars cannot legally discriminate against couples based on their sexual orientation. The country’s domestic partnership law took effect in 2009, but a new constitution with an amendment that defines marriage as between a man and a woman took effect last January.

“We welcome the decision, although the reasoning of the court is quite moderate claiming that national authorities have the power to settle the clash between the two competing claims (non-discrimination and freedom of religion,)” Dombos said in reference to the European Court of Human Rights decision. “So it is questionable whether the decision can be used later to fight national decision that prioritize religious freedom instead.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

“Accessing mental health care and support has become increasingly difficult in nearly every state in the country,” said Butler, who is the first Black LGBTQ senator. “Barriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

“Mental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.” 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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