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Saba becomes first Caribbean island to legalize same-sex marriage

Advocate describes move as “toehold” to advance regional LGBT rights

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Saba, Glenn Holm, gay news, Washington Blade
Saba, Glenn Holm, gay news, Washington Blade

Saba Tourist Bureau Director Glenn Holm (Photo courtesy of Glenn Holm)

The Dutch island of Saba earlier this month became the first jurisdiction in the Caribbean to allow same-sex couples to legally marry.

Xiomar Gonzales Cedeno Ruis and Israel Ruis Gonzales from Aruba and Venezuela respectively exchanged vows at the island’s courthouse on Dec. 4. A same-sex couple from Curaçao married in Saba on Tuesday.

The Netherlands, which has allowed gays and lesbians to marry since 2001, gave its Caribbean territories more time to implement the same-sex marriage law. Observers expect Bonaire and St. Eustatius, which were formerly part of the Netherlands Antilles that formally dissolved in 2010, will follow suit.

Aruba, Curaçao and St. Maarten, which have greater autonomy from Amsterdam, do not allow gays and lesbians to legally marry. The three islands, along with Bonaire and St. Eustatius, must recognize same-sex marriages performed within the Netherlands.

Glenn Holm, the openly gay director of the Saba Tourist Bureau who worked with Cedeno and Ruis, told the Washington Blade he plans to promote “gay weddings on the highest point of the Dutch kingdom” while in the Netherlands next month.

“There are of course some people who are against it, but they will just have to get used to it,” he said, referring to Dutch euthanasia and abortion laws that will soon take effect on Saba, Bonaire and St. Eustatius. “It simply means that the choice is there should it be necessary, the same for same-sex unions. If it’s not your bag you don’t have to let it concern you. Live and let live, love and be allowed to love whosoever you choose to.”

Tanja Ineke, president of COC Netherlands, a Dutch LGBT advocacy organization, applauded those who supported same-sex marriage efforts on the island.

“This great news deserves our warm congratulations; first of all for the married couple and to the local LHBT-community. But also to the local authorities on Saba who have been cooperative in implementing the marriage law,” she told the Blade. “Together with the LGBT-movement on the Dutch Antilles, COC has worked hard to have the marriage law implemented on Saba, Bonaire and St Eustatius as soon as possible, and we are very happy with this first result.”

Martinique and Guadeloupe are expected to consider the issue next year as French lawmakers debate a same-sex marriage bill. Mariela Castro, daughter of Cuban President Raúl Castro, has spoken out in support of nuptials for gays and lesbians, but LGBT people still face systematic discrimination and even violence throughout the region.

Jamaica and several other English-speaking Caribbean countries still have colonial-era sodomy laws on the books that criminalize same-sex sexual acts. The U.S. State Department, Amnesty International and Human Rights Watch have all criticized the Jamaican government for not doing enough to curb rampant anti-LGBT violence in the country.

Puerto Rican advocates have repeatedly criticized outgoing Gov. Luís Fortuño and his administration for what they contend was an unwillingness to speak out against anti-LGBT violence in the American commonwealth in the wake of gay teenager Jorge Steven López Mercado’s brutal 2009 murder. The Puerto Rico Senate late last year approved a proposal that would have eliminated LGBT-specific protections from the island’s hate crimes law.

A 2011 Justice Department report that blasted the Puerto Rico Police Department cited an inadequate response to hate crimes as among its numerous deficiencies.

Maurice Tomlinson, a Jamaican lawyer with AIDS-Free World who fled his homeland in February after he received death threats following local media reports about his marriage to a Canadian man, described same-sex marriage in Saba as a “toehold where we can advance LGBT human rights in the Caribbean.”

The Supreme Court of Jurisdicture of Belize in May is expected to hear a case challenging the country’s sodomy laws. AIDS-Free World has also challenged laws in Belize and Trinidad and Tobago that prohibit gay people and those with disabilities from entering the country.

A Trinidadian newspaper on Dec. 18 reported Prime Minister Kamla Persad-Bissessar wrote in a private letter to the head of an international LGBT advocacy group in the United Kingdom that she would support a ban anti-LGBT discrimination.

“As a human rights activist, I think it’s excellent because it’s a way to get up the laws and two it provides evidence for the courts to say there is absolutely no negative impact within this entire region of these rights being recognized for LGBT,” Tomlinson told the Blade, referring specifically to Saba. “Its evidence that even within the Caribbean you have forward-thinking legislators who are willing to push the envelope and take the political risks that are necessary to advance human rights of all citizens.”

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.” 

“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

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(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.

“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

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