World
Saba becomes first Caribbean island to legalize same-sex marriage
Advocate describes move as “toehold” to advance regional LGBT rights
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.”
World
Trump election sparks concern among activists around the world
Brazilian organization: Grassroots advocacy crucial to defending LGBTQ rights
LGBTQ activists and advocacy groups around the world have expressed concern over President-elect Donald Trump’s election.
“I worry that Trump’s win means no protection for global LGBTQ+ human rights,” Sexual Minorities Uganda Executive Director Frank Mugisha told the Washington Blade.
Mugisha added Trump “won’t or step in to support us” when “we are under attack with extreme anti-gay legislations.” (The Biden-Harris administration last year imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. after President Yoweri Museveni signed the Anti-Homosexuality Act.)
Esteban Paulón, a long-time LGBTQ activist in Argentina who won a seat in the country’s Congress in 2022, echoed this concern and Mugisha.
“My first reaction (to Trump’s election) is concern over how it is going to impact (LGBTQ) rights in the international sphere,” Paulón told the Blade.
Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy. The White House in the same year named Jessica Stern, who was previously the executive director of Outright International, as the next special U.S. envoy for the promotion of LGBTQ and intersex rights abroad.
Then-State Department spokesperson Ned Price during a 2021 interview with the Blade noted the decriminalization of consensual same-sex sexual relations was one of the Biden-Harris administration’s priorities in its efforts to promote LGBTQ and intersex rights abroad. Stern in 2022 told the Blade that support of marriage equality in countries where activists say such a thing is possible through legislation or the judicial process is “among a wider set of priorities.”
Trump during his first administration tapped then-U.S. Ambassador to Germany Richard Grenell to lead an initiative that encouraged countries to decriminalize consensual same-sex sexual relations. Activists with whom the Blade has previously spoken questioned whether this effort had any tangible results.
Axios on Thursday reported Grenell is Trump’s top candidate to succeed Secretary of State Antony Blinken.
Bru Pereira and Gui Mohallem are co-directors of VoteLGBT, a Brazilian organization established in 2014 with a mission to increase LGBTQ representation their country’s politics.
Pereira and Mohallem in a statement they sent to the Blade on Wednesday said the U.S. election outcomes, “especially as they reflect a divided political landscape, underscore an international trend we are observing — a growing divide between progressive movements and the resurgence of conservative, often authoritarian, political forces.”
Former Brazilian President Jair Bolsonaro was in office from 2018-2022. He faced sharp criticism because of his rhetoric against LGBTQ Brazilians, women, people of African and Indigenous descent and other groups. Thousands of Bolsonaro supporters on Jan. 8, 2023, stormed the Brazilian Congress, presidential palace, and Supreme Court.
President Luiz Inácio Lula da Silva took office a week earlier.
Pereira and Mohallem in their statement said they are “witnessing how grassroots efforts, particularly from marginalized communities, are crucial in defending LGBTQ+ rights under right-wing governments.”
“For us, advancing and protecting LGBTQ+ rights in such a context involves fostering local leadership, as well as strengthening community resilience and alliances,” they said. “It’s about creating spaces where voices traditionally sidelined — especially those of trans, Black, and Indigenous LGBTQ+ individuals — can lead democratic change. Here, we see our role not just in advocacy but in shaping an intersectional approach to political transformation, one that insists on the inclusion and visibility of diverse identities.”
“Ultimately, we believe that the democratic health of any nation depends on its most vulnerable communities being empowered to speak up and lead,” added Pereira and Mohallem. “We’re committed to supporting this journey, even in times of political setbacks, through community solidarity and international collaboration.”
Astraea Lesbian Foundation for Justice Executive Director Joy Chia in an email to supporters on Wednesday largely echoed Pereira and Mohallem.
“As a funder of LGBTQI+ communities in all regions of the world, the Astraea Foundation is keenly aware of the far-reaching impacts that this election will have and has already had,” wrote Chia. “I also recognize that political repression is not new to LGBTQI+ activists and our communities. This isn’t our first time working in hostility and chaos, and we are ready to resist.”
“The Astraea Foundation will continue to work alongside grantees to build power and create sustainable change so that our communities can thrive. We will continue to push liberation forward, support our grantee partners, and hold true to our intersectional feminist values at every turn,” added Chia. “The work we do every day is vital, and this difficult moment only strengthens our resolve to keep the fight moving forward.”
Outright International Executive Director Maria Sjödin in an email to their group’s supporters said the U.S. election results “have raised deep concerns for many of us who care about fundamental human rights, freedoms, and democratic norms for LGBTIQ people and everyone else around the world.”
“As Outright International unites with you, our global community, we know that this outcome impacts not only the U.S. but also the global momentum toward justice and equality. Nationalism, authoritarianism, white supremacy, xenophobia, anti-queer, and anti-transness have been on stark display throughout the election campaign,” they wrote. “Such narratives risk eroding years of progress and scapegoat marginalized communities. Resulting policies could deny gender recognition, defund LGBTIQ-supportive programs internationally, and be a threat to international cooperation and multilateralism.”
Sjödin added “moments like this also reveal the strength of our global solidarity.”
“The spirit of connection that fuels our shared movements is needed now more than ever,” they said. “From Argentina to Poland, Uganda to Ukraine, LGBTIQ communities are rising to this challenge. Together, we can and must resist discriminatory forces and protect and continue to advance the progress made. This isn’t just about policies — it’s about our lives and those of our global community.”
Mali
Mali on the verge of criminalizing homosexuality
Country’s Traditional National Council has drafted a new penal code
Mali’s Transitional National Council on Oct. 31 adopted a draft penal code that would criminalize acts of homosexuality.
Minister Mamoudou Kassogué after the TNC meeting said any person who advocates or engages in same-sex relations will be prosecuted.
“There are provisions in our laws that prohibit homosexuality in Mali,” he said. “Anyone engaging in this practice, promoting or apologizing for it, will be prosecuted. We will not accept that our customs and values are violated by people from elsewhere.”
Nginda Nganga, an African LGBTQ rights activist, said the Malian government should not be concerned about other people’s sexual orientation.
“LGBTQI+ people have always existed, and they always will. It’s a human rights issue, and honestly, I have never understood why some are so concerned about others’ personal choices and private lives,” said Nganga. “It’s strange.”
Eugene Djoko, another African rights activist, said deterring and monitoring one’s sexual orientation will not solve the country’s problems.
“According to the minister, anyone who practices, promotes or glorifies homosexuality will be prosecuted, however, restraining personal liberties is not how you will fix the country’s problems,” said Djoko.
Amnesty International in its 2023/2024 report said violence and discrimination against people based on descent remained prevalent in Mali. The report highlighted several killings based on this type of discrimination.
Although Mali does not recognize same-sex marriages, the country’s constitution and penal code does not criminalize consensual same-sex sexual relations or LGBTQ identity. The TNC’s Oct. 31 vote, however, will change the situation for the country’s LGBTQ community, even though President Assimi Goïta has not approved them.
The LGBTQ community before the Oct. 31 vote already faced a lot of stigma, especially from fellow Malians.
Mali is largely an Islamic country, and Sharia law does not tolerate same-sex sexual relations. The majority of Malians view homosexuality as a Western import.
People in some regions who are found to be part of the LGBTQ community can face punishments that range from so-called conversion therapy to amputation, flogging, and even death. Many LGBTQ Malians and those who advocate on their behalf remain in the closet or work behind closed doors. Some have opted to leave Mali and seek refuge in countries that protect LGBTQ rights.
The actual ramifications of Kassogué’s statements as they relate to consensual same-sex sexual relations or LGBTQ advocacy in the country remain unclear.
Arrests of LGBTQ people or activists on the basis of sexual orientation are rare, but Malian society tends to handle them under the guise of religious and cultural beliefs as opposed to a law enforcement issue. Law enforcement officials cite acts of indecency when they arrest those who identify as LGBTQ or activists.
Goïta, for his part, has yet to explicitly make any public comment on LGBTQ-specific issues. He has, however, often spoke about his support for Islamic and African values.
World
Out in the World: LGBTQ news from Asia, Canada, and Europe
Tokyo High Court Japan’s same-sex marriage ban is unconstitutional
JAPAN
The Tokyo High Court ruled that the country’s ban on same-sex marriage is unconstitutional, upholding a lower court ruling. This is the second High Court ruling favoring same-sex marriage after the Sapporo High Court came to a similar conclusion earlier this year, and more High Court rulings are expected over the next few months.
The court found that laws restricting marriage to opposite-sex couples “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,” according to the ruling.
The rulings don’t immediately create a right to same-sex marriage in Japan, but they add pressure on the government to address the unconstitutionality. These cases will likely find their way to the Supreme Court next year.
Same-sex marriage is not currently legal anywhere in Japan, and the government has long asserted that Section 24 of the post-war constitution rules out same-sex marriage. Section 24 states “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”
However, equal marriage supporters point out that Section 24 was not intended to deal with same-sex marriage, but rather to assert the right of individuals to marry the person of their choice, rather than traditional arranged marriages.
A series of recent court victories have gradually opened up recognition of equal rights for same-sex couples in Japan. Five lower courts have found that the ban on same-sex marriage violates the constitution, while only one lower court has upheld the ban as constitutional.
Earlier this year, the Supreme Court found that same-sex couples are entitled to survivors’ benefits for victims of crime.
Additionally, 450 municipalities and 30 of Japan’s 47 prefectures have instituted partnership registries for same-sex couples. Although these registries have little legal force, they have helped couples access local services and demonstrate growing recognition of same-sex couples’ rights.
This week’s High Court ruling comes at a time of flux in Japanese politics. During last week’s parliamentary election, the ruling Liberal Democratic Party lost its governing majority, while the opposition Constitutional Democratic Party, which supports same-sex marriage, made huge gains.
Anglo Nippon Politics reports that a very narrow majority of newly elected legislators have expressed support for same-sex marriage, but that the dynamics of the new parliament may make it difficult for the LDP, which hopes to hold onto power with support for smaller conservative parties, to advance controversial issues.
CANADA
The Alberta government under United Conservative Party Premier Danielle Smith introduced four pieces of anti-LGBTQ and anti-transgender legislation last week, prompting protests in the capital Edmonton and in the province’s largest city Calgary.
Smith had initially announced the legislation in February, amid a general hysteria about transgender youth and school inclusion policies that had swept through conservative parties across Canada.
The four bills ban gender care for trans youth, require parental notification and consent if a trans student wishes to use a different name or pronoun in school, bars trans women from competing in sports in schools and colleges, and requires parental notification and “opt-in” if sexual orientation, gender identity, or human sexuality will be discussed in classrooms.
Opponents criticized Smith for the legislation, which critics said was timed to help Smith in a leadership review held this weekend. Smith’s leadership was upheld with more than 91 percent of the vote at the UCP convention in Red Deer on Saturday.
More than 1,000 people showed up at Calgary City Hall to demonstrate against the bills on Saturday, as well as against the UCP’s priorities for Alberta, while hundreds more turned up in front of the provincial legislature in Edmonton.
Rowan Morris, an organizer with Trans Rights YEG, told the Edmonton Journal that the bills had galvanized opposition from across the political spectrum, recalling a conversion he had with a conservative supporter.
“[She said], ‘My whole family is here, we’re all conservatives, we will all be conservatives for the rest of our lives, but we recognize that bodily autonomy is a freedom we need to uphold for all Albertans. Whether we agree on how you live your life or not, the government does not have a place in your private medical decisions with your doctor,’” Morris said.
Because of the UCP’s majority in the provincial legislature, there is little chance the bills won’t pass. Voters next go to the polls in Alberta in October 2027.
Voters in Canada have had a chance to weigh in on anti-trans policies this year, and the results have been mixed. In Manitoba and New Brunswick, voters turfed conservative parties from government after they introduced or announced anti-trans policies, while in British Columbia, voters kept the governing New Democrats in office after the opposition Conservatives had announced several similar anti-trans policies.
Last month, voters in Saskatchewan returned its conservative government to power after it introduced a parental notification and consent policy in violation of Canada’s Charter of Rights and pledged to introduce a ban on trans students accessing change rooms and bathrooms in schools if reelected.
GERMANY
The Gender Self-Determination Act came into force on Friday, marking a historic advancement for trans rights in Germany.
Under the new law, anyone will be able to change their legal name and gender by making a simple application at their local registry office.
The new law replaces the Transsexuals Act, which dates from the early 1980s, and required anyone wishing to change their legal gender to get permission from a judge after submitting two psychological assessments.
The law allows name and gender changes for minors. Children under 14 can have the process done by their parents, while those over 14 can do so with parental permission. Youth will also have to submit a declaration that they have sought advice from a psychologist or from a youth welfare specialist.
Also included in the law is a new protection that makes it a criminal offense to out a trans person without their consent.
Gender self-determination is increasingly the norm in Western European countries. Belgium, Luxembourg, France, Spain, Portugal, Malta, Greece, Ireland, Norway, Iceland, and Denmark have all introduced similar legislation in recent years. Additionally, Argentina, Brazil, Chile, Colombia, Costa Rica, Uruguay, India, Pakistan, as well as several provinces and states of Canada, the U.S., and Mexico allow gender self-determination.
SWITZERLAND
The Swiss canton of Vaud became the latest place in Europe to ban so-called conversion therapy, as legislation to ban the discredited practice of attempting to change a person’s sexual orientation or gender identity nationwide has stalled in the federal parliament.
Vaud is the third of Switzerland’s 26 cantons to ban conversion therapy, following Neuchatel last December and Valais earlier this year. Vaud is Switzerland’s third-largest canton, home to more than 800,000 people.
In 2022, the lower house of the Swiss parliament passed a motion calling on the government to introduce a conversion therapy ban, but the motion was rejected by the upper house earlier this year. Legislators at the time said they wanted to wait for more information from the Federal Council, which was due to report on conversion therapy over the summer.
In the meantime, several other Swiss cantons have begun debating local bans on conversion therapy, including Geneva, Bern, and Zurich.
Doctors and therapists are already prohibited from practicing conversion therapy in Switzerland by their professional associations, but much conversion therapy is carried out by unlicensed individuals.
Conversion therapy has already been banned across much of Western Europe, including France, Germany, Norway, Belgium, Spain, Portugal, Malta, Greece, Cyprus, and Iceland. It has also been banned in Mexico, Ecuador, New Zealand, Canada, Taiwan, and in many U.S. and Australian states.
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