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Chilean Senate committee approves civil unions bill

LGBT advocates describe vote as ‘step forward’

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A Chilean Senate committee on Tuesday unanimously approved a civil unions bill. (Photo by the Photographic Collection of the Library of the National Congress of Chile; courtesy Wikimedia Commons)

A Chilean Senate committee on Tuesday voted unanimously to advance a bill that would allow same-sex couples to enter into civil unions.

The vote sets the stage for a potential vote on the measure in the full Senate.

“Today we have taken a step forward in this fight for civil unions that we began a decade ago,” said the Movement for Homosexual Integration and Liberation, a Chilean LGBT advocacy group, in a statement. “The step that was once a dream is becoming real.”

Luis Larraín, president of Fundación Iguales, another Chilean LGBT advocacy group, also applauded the vote.

“We are one step closer to the state of Chile recognizing that there are distinct types of family and that all of them deserve protection,” he said.

Former President Sebastián Piñera first introduced the civil unions bill in the Chilean Congress in 2011.

Senators in January voted 28-6 to move the proposal out of committee.

President Michelle Bachelet, who took office in March, publicly backed marriage rights for same-sex couples in the South American country during last year’s presidential campaign.

Chile’s highest court in 2011 ruled the country’s ban on nuptials for gays and lesbians is constitutional in a case the Movement for Homosexual Integration and Liberation filed on behalf of three same-sex couples who are seeking marriage rights.

The Piñera administration argued in a brief it filed with the Inter-American Court of Human Rights last November in response to the same-sex marriage lawsuit that the plaintiffs have “not exhausted domestic remedies to obtain the nullification of the administrative act for [the] alleged violation of fundamental rights.” Lawyers representing the three couples have repeatedly urged Bachelet to reject her predecessor’s position in the case.

Anti-LGBT violence casts shadow over advances

LGBT rights advocates have seen a number of legal and political advances in the conservative South American country in recent years.

Piñera in 2012 signed an LGBT-inclusive hate crimes and anti-discrimination bill that had languished in the Chilean Congress for seven years. It is named in honor of Daniel Zamudio, a 24-year-old man whom a group of self-described neo-Nazis beat to death inside a park in Santiago, the country’s capital, earlier that year.

The country’s Senate in January advanced a bill that would allow trans Chileans to legally change their name and sex without sex reassignment surgery.

The Inter-American Court of Human Rights in 2012 ruled in favor of Karen Atala, a lesbian judge who lost custody of her three daughters to her ex-husband seven years earlier because of her sexual orientation.

Claudio Arriagada last November became the first openly gay person elected to the Chilean Congress.

Jaime Parada Hoyl, a former spokesperson for the Movement of Homosexual Integration and Liberation, in 2012 won a seat on the municipal council in Providencia, a wealthy Santiago enclave.

Voters in the Santiago suburb of Lampa re-elected transgender Councilwoman Alejandra González during the same municipal elections. Trans activist Zuliana Araya also won a seat on the Municipal Council in the coastal city of Valparaíso.

Anti-LGBT violence remains a serious concern in spite of these political and legal advances.

The Movement for Homosexual Integration and Liberation said in a press release on Tuesday that Zaconi Orellana Acevedo, a 22-year-old trans woman, was killed earlier this week in a town outside of Santiago.

“We cannot forget that the female transsexual population is particularly vulnerable, because from an early age all doors are closed for them and a great many of them are forced to engage in commercial sex work to survive,” said the advocacy group. “The lack of a gender identity law that would allow trans people to change their name with a simple process in the Civil Registry and not in the judiciary as occurs right now, would bring more development possibilities to this social group.”

A rash of other anti-LGBT attacks over the past year have sparked outrage among Chilean advocates. These include the death of Esteban Parada Armijo in January after two men stabbed him in Santiago’s Bellavista neighborhood where several gay bars and clubs are located.

Guillermo Aguilera Guerrero allegedly stabbed Alejandro Alfredo Bustamante Godoy to death inside his Valparaíso home a few weeks before Parada’s murder.

Bachelet has said she supports efforts to strengthen Chile’s hate crimes and anti-discrimination law.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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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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