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Dutch LGBT advocacy spans more than a century

Formal gay activism in the Netherlands began in 1911 over consent law

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A rainbow flag outside the Anne Frank House in Amsterdam (Washington Blade photo by Michael K. Lavers)

AMSTERDAM — Formal Dutch LGBT advocacy began in 1911 when the Netherlands raised the age of consent for same-sex sexual relations from 16 to 21.

Koen van Dijk, executive director of COC Nederland, a Dutch LGBT advocacy group, told the Washington Blade during an interview in his Amsterdam office earlier this month the measure prompted gay men to respond against it.

“That spurred gay men that were insulted by this legislation, but were also offended by it to become more organized and start working on change,” he said.

COC Nederland can trace its origins back to the late 1930s when a group of gay men who primarily lived in Amsterdam begin to publish a magazine called “The Right to Live.”

Gay organizing in the Netherlands came to an abrupt halt in 1940 when Germany invaded the Netherlands. Those who published the magazine burned their archives and went underground because van Dijk said they “heard stories of what happened to gay people in Germany” under the Nazi regime.

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Amsterdam’s oldest gay bar, Café t’Mandje, opened in 1927. (Washington Blade photo by Michael K. Lavers)

Café t’Mandje, the country’s first gay bar that lesbian Bet van Beeren opened in what is now Amsterdam’s Chinatown in 1927, remained open during the war. Van Beeren hid Jews and smuggled weapons to the Dutch resistance in her establishment throughout the occupation. She even bribed German soldiers with alcohol.

“The Right to Live” began to publish after the war ended in 1945, and COC Nederland formally came into existence on Dec. 7, 1946. It began as a social club under the acronym Center for Relaxation and Culture or Cultuur-en Ontspanningscentrum (COC) in Dutch, and had two offices in Amsterdam and The Hague.

“It was a social club where people could meet behind closed doors,” van Dijk said. “Discrimination was still very high in the Netherlands at that time. People would actually lose their jobs if they were out at work and could lose their homes.”

LGBT equality and acceptance remain group’s objectives

COC Nederland has two broad goals: Personal emancipation of LGBT people and the promotion of greater acceptance of gay men and lesbians in the country through legislation and social acceptance.

Lawmakers in 1971 equalized the age of consent for same-sex and opposite-sex sexual relations. The Dutch government in 1973 formally recognized COC Nederland, which at that time was known as the Dutch Association for Integration of Homosexuality COC.

The Netherlands in 2001 became the first country in the world to extend marriage rights to gays and lesbians.

Van Dijk was quick to point out COC Nederland continues to work on a host of issues in spite of the country’s liberal and pro-gay reputation.

A 2009 report the Dutch Ministry of Justice commissioned found 70 percent of LGBT people in the Netherlands have experienced harassment because of their sexual orientation and/or gender identity and expression. A third of respondents said they experienced physical violence.

One-third of Dutch LGBT employees are not out in the workplace, while more than 30 percent of people in the Netherlands said they find gay people kissing in public shocking.

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COC Nederland’s GSA program is now in two-thirds of the Netherlands’ public high schools. (Washington Blade photo by Michael K. Lavers)

Van Dijk said anti-LGBT bullying in Dutch schools remains a problem — COC Nederland in 2008 launched a program based on Gay-Straight Alliances in the U.S. to combat homophobia and transphobia. The initiative is now in two-thirds of the country’s public high schools.

“The layer of tolerance is thinner than it looks at first glance,” van Dijk told the Blade, noting anti-LGBT attitudes remain among specific religious and ethnic groups in the Netherlands. “There’s a whole spectrum of intolerance that is still really worrying.”

COC Nederland: Dutch government is an ally

Van Dijk said lawmakers have been responsive to concerns his organization and other LGBT advocacy groups have had over specific issues.

Dutch lawmakers last September passed a law that said a resident of the Netherlands could only sponsor their partner for immigration purposes if the couple had already legally married in the foreign-born spouse’s country of origin. The Netherlands is one of only 14 countries in which gays and lesbians can legally marry.

Lawmakers quickly repealed the statute after COC Nederland and other LGBT advocates expressed concern.

“We had to go to Parliament, go to our government to say you probably don’t mean this happening, but this will make our lives more difficult,” van Dijk said. “They’ve been very responsible.”

Van Dijk said LGBT asylum seekers in the Netherlands remain particularly vulnerable because the government places them in housing with their countrymen who may subject them to anti-gay harassment and violence. He noted officials are sometimes unaware of this treatment, while others may blame the victim who experiences mistreatment because of their sexual orientation or gender identity and expression.

“For them a gay man is 40, wearing a pink boa standing on a boat at gay Pride,” van Dijk told the Blade. “They don’t recognize LGBT people and that they have a different view of how good they should be or take care of themselves in that situation. So we need to really work with organizations like them, or care organizations for the elderly.”

State Secretary for Security and Justice Fred Teeven in 2011 introduced a bill for which COC Nederland and the Transgender Network Netherlands had lobbied for years that would allow trans people to change their gender on their birth certificates, passports and other official documents without undergoing sterilization and sex-reassignment surgery before petitioning a judge to grant the request.

Argentina President Cristina Fernández de Kirchner last year signed a law that allows trans Argentinians to legally change their gender on official documents without surgery and an affidavit from a doctor or another medical provider. The Dutch measure is similar to the Argentine law, but it would still require a trans person to obtain a statement from an “expert” to legally change their gender.

The proposal would also eliminate the need to petition a judge to approve a person’s request to legally change gender.

“It’s an invasion of rights,” van Dijk said in reference to current Dutch law. “It’s the integrity of the body; it’s privacy.”

The main chamber of the Dutch Parliament earlier this year approved the bill, but the country’s Senate has yet to act upon it. Van Dijk said he remains hopeful senators will vote on the measure in the fall once they debate a bill that would allow a married lesbian to petition municipal officials – and not go before a judge as current Dutch law mandates — to receive full parental rights of her spouse’s child she conceived through artificial insemination.

“The Senate is not working very fast at the moment, but we have good hopes that within a year it will all be fixed,” van Dijk said.

COC Nederland also works with LGBT rights advocates in Eastern Europe, Africa and other areas throughout the world.

The organization in April staged a protest outside the meeting between Russian President Vladimir Putin and Dutch Prime Minister Mark Rutte over Russia’s LGBT rights record. More than 3,000 people last month protested a Russian law that bans gay propaganda to minors and other anti-LGBT measures in the country during a Kremlin-sponsored concern in Amsterdam’s Museumplein that van Dijk said was designed to “acquaint the Dutch audience with the beauty and diversity of Russian culture.”

Authorities in the Russian city of Murmansk in July arrested four Dutch LGBT rights advocates who are not affiliated with COC Nederland for violating the country’s gay propaganda law while filming a documentary about LGBT life in Russia.

Van Dijk described Russia’s LGBT rights record as a “disgrace,” but said COC Nederland does not support calls to boycott the 2014 Winter Olympics over the issue.

“What we’re doing is listening to our counterparts in Russia and [they’ve asked] us to come over instead of to boycott,” van Dijk said. “We’re not going to explain to them what’s best for them. They should explain to us what is best for them.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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

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

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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