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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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Caribbean

Final vote on new Cuba family code expected in September

Same-sex couples poised to receive marriage, adoption rights

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(Washington Blade photo by Michael Key)

The Washington Blade’s media partner in Cuba is reporting a final referendum on whether the final draft of a new family code that would extend marriage and adoption rights to same-sex couples will take place in September.

Tremenda Nota on June 23 reported a specific date for the referendum has not been announced, but it quoted comments President Miguel Díaz-Canel made the day before during a meeting of the commission that has written the draft. 

“We are entering a decisive stage,” said Díaz-Canel, according to Tremenda Nota. “We are going to need all the support that we need to ensure the emancipatory principles of equality and inclusion that the family code defends are actually approved.”

The National Assembly late last year approved the draft family code. 

A “popular consultation” ended on April 30. Tremenda Nota reported the last of the family code’s 25 drafts was presented to Díaz-Canel and other officials on June 6.

Díaz Canel and Mariela Castro, the daughter of former President Raúl Castro who is the director of Cuba’s National Center for Sexual Education, are among those who publicly support marriage equality. Cuban voters in 2019 overwhelmingly approved the draft of their country’s new constitution, but the government’s decision to remove a marriage equality amendment before the referendum on it sparked outrage among independent LGBTQ and intersex activists.

Efforts to implement the new family code are taking place against the backdrop of continued persecution of LGBTQ and intersex Cubans and others who publicly criticize the country’s government.

Tremenda Nota Editor Maykel González Vivero is among the hundreds of people who were arrested during anti-government protests that took place across Cuba on July 11, 2021.

Yoan de la Cruz, a gay man who used Facebook Live to livestream the first protest that took place in San Antonio de los Baños in Artemisa province. De La Cruz subsequently received a 6-year prison sentence, but he was released on house arrest last month.

Reports indicate Brenda Díaz, a transgender woman who was arrested during a July 11 protest in Güira de Melena in Artemisa province, on Wednesday received a 14-year prison sentence. 

Editor’s note: Tremenda Nota’s original story is here.

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Africa

Homophobic attacks in South Africa persist

Mpho Falithenjwa died by suicide after he was bullied for being gay

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Mpho Falithenjwa, 14, died by suicide earlier this month after he was bullied because he was gay. (Photo courtesy of Mpho Falithenjwa's Facebook page)

Despite having a constitution that explicitly protects LGBTQ and intersex South Africans, homophobic attacks remain pervasive in the country.

Mpho Falithenjwa, 14, died by suicide earlier this month after he was bullied because he was gay, according to his sister who spoke with MambaOnline, a local LGBTQ and intersex publication. South Africa’s LGBTQ and intersex community is wondering how an incident like this can be averted from happening again.

“We believe that the untimely passing of Mpho was mainly because of societal pressure, because of how society made it impossible for Mpho to come out without fear or prejudice, so what happened to Mpho really saddens us as activists it saddens us as Access Chapter 2 but over and above it saddens us as a country that 26 years after officially signing this Constitution as a country, we still have to grapple with issues of addressing the victimization of homophobia and transphobia subjected to the 2SLGBTQIA+ community and it happened a time when we are reflecting and commemorating international Pride,” said Mpho Buntse of Access Chapter 2, a South African LGBTQ and intersex rights organization. 

“Moreso, it brings eyes into the country to question the credibility of our Constitution because it cannot be that we have a Constitution that embraces the 2SLGBTQIA+ community yet it still makes it difficult for people to live without prejudice so this was conversion practice in the making because of the pressure that Mpho was given by society to conform to what society believes Mpho is as compared to what Mpho believes he is,” added Buntse. “What happened to self-affirmation? Generally as a country I think we really need to take a stance, a very strong stance in fighting and confronting issues of transphobia and homophobia from a place of policy more than anything.” 

Ruth Maseko of the Triangle Project called for more stringent measures to be taken against any form of bullying.

“There are many forms of bullying, verbally, physically and emotionally, it is abusive and should never be tolerated. Nobody should stand by no matter who you are, what your position is or what your age is and watch another person being bullied,” said Maseko. “Moreover, a deep concern for us is that the ages of perpetrators of hate crimes have been young. What are we passing on to our young people? What messages are we giving them, that makes it okay to start calling people names and excluding people because of who they are?”  

Falithenjwa’s death by suicide is the latest case to send shockwaves across South Africa.

A court in Pretoria in April sentenced two men to life in prison for raping a 19-year-old lesbian in 2020.

Human Rights Watch statistics indicate at least 20 LGBTQ and intersex people were reported killed in South Africa between February and October 2021. The international NGO indicates many of them were either beaten or stabbed to death because of their sexual orientation or gender identity.

“We cannot keep losing young lives just based on who they are and how they identify. It’s hard when you are young and feel that you are not accepted and then bullied, and nobody does anything to stop bullying wherever it happens,” said Maseko. “That person then turns that hate inwards and ends their own life before their life has even really begun. Why? Just because of who that person is? Words have the ability to cause this outcome and it is devastating that a young person feels like they can no longer go on because of someone else’s words.”

Maseko added it is “not acceptable and should not be tolerated.” 

“Our children should be learning in their homes that it is never okay to do this to others. Children should not engage in prejudice,” said Maseko. “If they have learnt it, because none of us are born with prejudice, they have the ability to unlearn it. In schools, where it is evident that someone is the target of bullying on any grounds, immediate action should be taken.”

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Europe

Turkish police arrest hundreds over banned Pride parade

Istanbul officials sought to prevent event from happening

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LGBTQ activists in Istanbul on June 26, 2022, with a banner reads: ""If you don't let us walk, we will open our asses" (Photo courtesy of Kuir Mavzer/Kaos GL)

Hundreds of LGBTQ people, allies and supporters took to the streets of Istanbul Sunday in defiance of the country’s government’s ongoing 2014 ban of Pride parades and Pride Month festivities.

Protestors violently clashed repeatedly with police and security forces in various neighborhoods located around the Bol Ahenk Sokak (Pedestrian Plaza) and other sections of the central downtown area.

Authorities had shut down the city’s transit systems hours prior to the influx of LGBTQ activists and demonstrators and flooded streets with police in riot gear who made hundreds of arrests, in some cases tear gassing participants and attacking them with clubs.

Government security forces arrested over 373 people including Agence France-Presse journalist and chief photographer Bülent Kılıç. Detainees were taken by bus to a central holding facility for processing. Photojournalist Mehmet Demirci documented the arrest of Kılıç in a Twitter post.

Ankara-based Kaos GL, the largest Turkish LGBTQ activist group, documented the arrests and clashes which occurred prior to the 5 p.m. planned parade kick-off in a series of Twitter posts.

KAOS GL in a press release on Monday noted that “the detentions experienced during the march, was among ‘firsts’ for this year. Totally 373 LGBTIs and LGBTI+ right defenders were taken into custody on the day of march! This number is a record both in the history of Pride marches and the other public demonstrations.”

The group also recorded the scope of anti-LGBTQ Pride Month bans and pressure by Turkey’s governmental bodies across the country.

“There were 10 ban decisions announced within the scope of Pride Month events. These ban decisions were taken by Boğaziçi University Rectorate, METU Rectorate, Gaziantep Governorship, Çanakkale Governorship, Datça District Governorship, Beyoğlu District Governorship, Kadıköy District Governorship, Eskişehir Governorship and İzmir Governorship.

The detentions began with 70 people at ninth Boğaziçi Pride March on May 20, increasingly went on till June 26. 373 people were taken into custody in Istanbul on June 26. This number is among the highest detentions within the context of the public demonstrations in İstanbul recent years. Totally 530 LGBTI+s and LGBTI+ right defenders were detained in 37 days.”

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