Connect with us

World

Brazil’s most populous state to allow same-sex marriage

Couples in São Paulo can get marriage licenses in 60 days

Published

on

Toni Reis, Brazil, gay news, Washington Blade
Toni Reis, Brazil, gay news, Washington Blade

Brazilian LGBT activist Toni Reis (Photo courtesy of Toni Reis)

A São Paulo court on Thursday ordered notaries to begin offering marriage licenses to same-sex couples without a judge’s approval.

The decision, which will take effect in Brazil’s most populous state in 60 days, comes after the Brazilian Supreme Federal Court ruled in May 2011 that gays and lesbians can enter into civil unions. A São Paulo judge in June 2011 ruled two men could convert their civil union into a marriage — 206 of these unions have been converted into marriages in the state.

Alagoas in January became the first Brazilian state to extend marriage to same-sex couples without judicial approval, while Bahia on the country’s northeast coast late last month followed suit. Notaries in Rio Grande do Sul and the Federal District that includes the Brazilian capital of Brasilia have also issued marriage licenses to gays and lesbians.

The Brazilian government announced in 2003 it would recognize same-sex unions legally performed outside the country for immigration purposes. Authorities in 2008 simplified these regulations.

“It is a very important decision,” gay Brazilian Congressman Jean Wyllys told the Washington Blade. “And like the Constitution says, in its Article 226, that the state should facilitate the conversation of stable unions into marriage and it also says people are equal under the law, many same-sex partners demanded this in the court. What the judges are doing is complying with the Constitution, recognizing the rights of same-sex partners to enter into civil marriage.”

In spite of the Brazilian Supreme Federal Court’s 2011 decision, Rio de Janeiro and many other states have yet to implement it. Wyllys has introduced a proposal that would amend the Brazilian Constitution to recognize same-sex civil marriage throughout the country. A bill that would allow gays and lesbians to tie the knot has languished in Congress since the mid-1990s.

“Justice is doing what should have already been done in the Congress and it deserves our applause,” Wyllys said. “The lack of a bill that ends this unjust discrimination, violation of the Federal Constitution and all the international human rights treaties, has left many partners to seek justice. Justice is doing its job well. Those of us who are missing are the lawmakers and the federal government that remains deaf to the call of millions of people who only want to be equal under the law.”

LGBT activist Felipe Pasqualotto shared Wyllys’ criticisms of the Brazilian government’s response to same-sex marriage and other issues.

“Even though São Paulo is just following the Supreme Court decision, it is a big step for Brazil considering we have been quite silent regarding human rights, especially gay [issues,]” he told the Blade.

The São Paulo ruling comes slightly more than a week after the Uruguay House of Representatives overwhelmingly approved a bill that would allow gays and lesbians to legally marry in the South American country. Same-sex couples have been able to tie the knot in neighboring Argentina and Mexico City since 2010.

The Mexican Supreme Court on Dec. 5 unanimously struck down a law in the state of Oaxaca that defined marriage as between a man and a woman. A Colombian Senate committee on the same day approved a measure that would legalize same-sex marriage. (The country’s highest court ruled in June 2011 that gays and lesbians will be able to formalize their relationships in two years if lawmakers don’t tackle the issue.)

Lawyer Alder Martins told the Blade he believes internal Brazilian politics continue to play more of a role in the expansion of legal recognition to same-sex couples than recent developments in other Latin American countries.

“I don’t believe recent developments in Mexico, Colombia and Uruguay have influenced this process,” Toni Reis, president of the Brazilian Association of Gays, Lesbians and Transgenders (ABGLT in Portuguese) added. “It’s a question of implementing Brazilian law.”

Costa Rica to consider legal recognition for gay couples

Meanwhile, the Costa Rican government announced on Monday it supports the extension of limited legal recognition of same-sex couples in the Central American country.

President Laura Chinchilla Miranda opposes nuptials for gays and lesbians, but her government urged lawmakers in a Dec. 7 press release to consider once again a measure that would extend inheritance, hospital visitation and other rights to same-sex couples.

“We hope that the Congress will continue to move forward with the bill and discuss the merits of the case and once and for all fill this legal void,” the government said in a press release. “The government urges respect and tolerance during this discussion that will take place in the Congress, the corresponding body which will take up this decision. Similarly it will respect the position of each deputy on this issue.”

The country’s highest court in 2010 struck down a referendum that sought to define marriage as between a man and a woman.

Lawmakers who have repeatedly postponed debate on extending legal rights to same-sex couples are scheduled to potentially consider the proposal on April 30. The country’s Roman Catholic church and other religious leaders have spoken out against any attempt to do so.

Francisco Madrigal Ballestero of the Center for the Investigation and Promotion of Human Rights in Central America (CIPAC,) described the measure to the Blade earlier this week as “a project that was born partly out of fear.” He further categorized it as “an administrative exit to recognize unions with certain aggravating circumstances.”

“It is not either marriage or civil union, it is a legal figure type contract that gives rights to two people to live together,” Madrigal said. “We believe that this project does not solve the problem of citizenship that we have as LGBT populations, and it is for this reason that this project is not supported by the majority of organizations who work on human rights and sexual diversity.”

Madrigal also pointed out “we don’t see a quick exit” on the issue because the Costa Rican Constitutional Court has said it is the responsibility of the country’s Congress to decide the issue. “The Inter-American Commission on Human Rights and the Inter-American Court could choose to take this particular Costa Rican case,” he said. “We are aware above all the commission, like the court, will take its time to resolve it.”

A CIPAC poll earlier this year found 67 percent of LGBT Costa Ricans support civil unions, compared to only 22 percent who back the president’s proposal and 11 percent who endorse marriage rights for same-sex couples.

“From the people it’s no big deal,” José Chaves, general manager of Gay Tours that operates tours and other activities for gay visitors to Manuel Antonio National Park and other parts of the country, told the Blade. “We are not having manifestations of people in the streets saying like, ‘no, that should not be like that.’ It’s more like ‘of course, let the gay people have the rights and it’s no problem.’ But on the other hand it’s all these people in the government and the church from inside of the government that’s working against it.”

Pete Thelen, a co-owner of the Windy City Times who owns two vacation homes near Manuel Antonio National Park, agreed.

“Most Costa Ricans are a live-and-let-live kind of people, so if it doesn’t affect them, they don’t really mind it,” he told the Blade. “If civil unions would go through, I don’t think it would be a problem for most Costa Ricans. We’ve never had any problems with our neighbors. They’ve accepted us.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Africa

Protesters vandalize Zimbabwean LGBTQ rights group’s offices

GALZ has reported the incident to the police

Published

on

Protesters vandalized GALZ's offices in Harare, Zimbabwe, with homophobic graffiti. (Photos courtesy of GALZ)

A handful of protesters over this past weekend vandalized the offices of Zimbabwe’s largest LGBTQ rights organization.

Although they did not enter GALZ (an Association of LGBTI People in Zimbabwe)’s building in Harare, the country’s capital, they did gather at the gate and sang homophobic songs. The protesters also left anti-gay graffiti on the gate and walls.

Several people after the incident started to question the authenticity of the protesters, arguing GALZ itself organized the protest in order to get funding. They said some of the protesters “looked gay” and even argued the organization had yet to approach the police.

GALZ has sought to discredit some of the reports, while calling the protest disrespectful and uncalled for.

“We categorically condemn the acts of vandalism and intimidation that occurred on Sunday afternoon,” said GALZ in a statement. “A group of individuals claiming to represent various Christian churches descended at our offices. They proceeded to vandalize the property, painting hateful graffiti on the walls. While we respect differences in values, it is utterly unacceptable to deploy acts of vandalism and intimidation against communities who hold different values.”

GALZ said it has filed an official police report, and is “cooperating fully with the ongoing investigations.” 

“We call on the authorities to hold the perpetrators accountable for these criminal actions,” said the organization. 

GALZ also said it remains steadfast in its commitment to LGBTQ rights, and urged religious and political leaders to be at the forefront of fostering unity in Zimbabwe.

“This act of violence has not been committed in isolation, it is a stark reminder of the ongoing discrimination and hostility that our community faces,” said GALZ.

“We urge religious and political leaders to condemn such acts of hate and to uphold the  constitutional rights and freedoms for all citizens to be protected by law regardless of their diverse backgrounds including sexual orientation, gender identity and expression. We encourage Zimbabweans to resort to open and respectful dialogue to address indifferences,” added the organization.

Several United Methodist Church parishioners last month held a protest in Harare during which they protested the church’s recent decision to allow LGBTQ clergy and same-sex marriages. James Kawadza, one of the protest organizers, said it was un-African to engage in same-sex relations.

“Homosexuality is unlawful in Zimbabwe and marriage is between a man and a woman,” he said. “The church has aligned with the rainbow movement, and this is also a threat to our African traditions and human existence at large. Homosexuality is not contextual, it is an abomination where Sodom and Gomorrah were destroyed by fire.”

Section 73 of Zimbabwe’s Criminal Law (Codification and Reform) Act on sexual crimes and crimes against morality says any “male person who, with the consent of another male person, knowingly performs with that other person anal sexual intercourse, or any act involving physical contact other than anal sexual intercourse that would be regarded by a reasonable person to be an indecent act, shall be guilty of sodomy and liable to” a fine, up to a year in prison or both.

Cases of people being arrested under this provision are rare.

Continue Reading

Africa

What’s next for LGBTQ rights in South Africa after the country’s elections?

African National Congress lost parliamentary majority on May 29

Published

on

Pretoria and Cape Town are the first cities in Africa to install Pride crosswalks. Activists are wondering what the outcome of South Africa's May 29 elections will mean for LGBTQ rights. (Photo courtesy of Bruce Walker/Pretoria Pride)

More than 50 independent candidates and political parties participated in South Africa’s national and provincial elections that took place on May 29. The Electoral Commission of South Africa declared the results on June 2.

No independent candidate or political party managed to secure the outright parliamentary majority of more than 50 percent of the votes, which prompts the creation of a coalition government. None of the 18 political parties that managed to win at least one seat in the National Assembly wholly represented the LGBTQ community.

Although South Africa is the only African country that constitutionally recognizes the rights of the LGBTQ community, some of the political parties that managed to secure seats in the National Assembly had signaled they would reserve these gains.

Former President Jacob Zuma, who leads the uMkhonto weSizwe (MK) party, during a January debate said the thought of dating within the same gender was unpalatable and un-African. The MK is now the country’s third largest political party after it won 14.58 percent of the vote, making it a pivotal player in the formation of a coalition government.

Dawie Nel, the executive director of OUT LGBT Well-being, said undermining the constitution is “a dangerous, misguided, and populist strategy to avoid acknowledging the failures of governance and the lack of implementation of constitutional values that are meant to improve the lives of South Africans.”

“South Africa’s constitution is celebrated as one of the most significant achievements of our transition to democracy, ensuring that all citizens are treated with dignity and respect, and that their rights are protected in all aspects of life,” said Nell. 

There now seems to be an impasse on who becomes the government’s next leader because of some of the demands that political parties made before they entered into any negotiations.

Bruce Walker of Pretoria Pride said the best possible outcome for the preservation of LGBTQ rights in South Africa would be if the former governing political party, the African National Congress (ANC), which garnered the most support with 40.18 percent of the vote, partners with the Democratic Alliance (DA), which finished second with 21.81 percent of the votes, to form a coalition government.

“I think it will be a good outcome for the community if the DA has some power in a coalition government,” said Walker.

Rise Mzansi, which managed to secure 0.42 percent of the votes with two seats in the National Assembly, said it will continue protecting the rights of the LGBTQ community.

“Rise Mzansi reaffirms its commitment in protecting LGBTQ+ rights in South Africa, as outlined in Section 9 of our constitution,” said the party.

Zubenathi Daca, program coordinator for student employability and entrepreneurship development in Nelson Mandela University’s Department of Student Governance and Development said the fight for LGBTQ rights in South Africa will continue.

“The battle has not yet been won,” said Daca. “Queer people are still being killed and homophobic remarks are still being made towards us daily, and we need people who have found the confidence to voice out their dissatisfactions against how they are treated and also speak out for the voiceless.” 

“This society is ours just as it is everyone else’s,” added Daca. “We are in corporate spaces, leadership positions, and political spaces to show that we belong here, and that we are here to stay.” 

The constitution says National Assembly members should be sworn in within two weeks of the elections. They will then meet for the first time and elect a new speaker, deputy speaker and president.

Chief Justice Raymond Zondo who will preside over the entire process, on Monday said the National Assembly will meet for the first time since the elections on Friday.

Continue Reading

European Union

The 2024 European elections: A turning point for LGBTQ rights in the EU?

Right-wing parties made electoral gains

Published

on

European Union President von der Leyen addresses the European Parliament in October 2023. (Screenshot courtesy of the European Council Press Office)

As the dust settles after the 2024 European Parliament elections, right-wing parties are gaining substantial ground and concerns about the potential impact on LGBTQ rights are growing. The projected surge in support for far-right parties, however, was not as pronounced as some had expected.

Monday morning’s estimates indicate the far-right’s presence has, however, undeniably increased. 

The European Conservatives and Reformists (ECR) gained four seats, bringing their total to 73. The Identity and Democracy group saw a significant rise, gaining nine seats to reach 58. Together, these nationalist, anti-immigrant parties now hold around 130 seats, reflecting their growing influence. Marine Le Pen’s National Rally in France, which clinched over 32 percent of the vote, and the Alternative for Germany securing approximately 16 percent of the vote and becoming the country’s second-largest party, ahead of Chancellor Olaf Scholz’s Social Democrats, in particular could affect the broader political dynamics in Europe.

Despite the gains for the far-right, the mainstream conservative European People’s Party (EPP) emerged as the largest group, securing 189 seats, an increase of 13 seats. The two other centrist parties, the Progressive Alliance of Socialists and Democrats and Renew Europe, however, experienced losses that eroded the political center. S&D finished with 135 seats, losing four, while Renew Europe saw a significant reduction, finishing with 83 seats.

European Commission President Ursula von der Leyen celebrated her party’s victory and called for cooperation among centrists to ensure a “strong and effective Europe.” She emphasized the responsibility that comes with the election results, noting the need for stability amid growing support for extremist parties.

The election’s biggest losers were the Greens, who saw their support decrease by 25 percent, ending with 53 seats. The Greens, despite this setback, could still play a crucial role in supporting centrist majorities as an alternative to further-right parties.

All eyes are now on the election winners, the EPP. 

Von der Leyen has indicated her readiness to work with certain parties sitting with the hard-right ECR. Initial signals from the EPP camp, however, suggest it will stay true to its traditional allies at the center. Von der Leyen has offered to work with socialists and liberals to build a “majority in the center for a strong Europe,” underscoring the importance of maintaining a united front against extremism.

The narrow margins in the new parliament could lead to issue-by-issue coalitions, especially for sensitive issues such as those related to the European Green Deal. This limited room for maneuver could see the EPP relying on partners to its right on an ad hoc basis, including for critical decisions that include ushering in a new commission president. Von der Leyen’s future hangs in the balance as she seeks re-election. National delegations within her EPP grouping and support from lawmakers of Giorgia Meloni’s Brothers of Italy party, which clinched 24 seats, will play a crucial role in her bid to secure an absolute majority of 361 MEPs.

The implications for LGBTQ rights in Europe are significant. 

Far-right parties, known for their conservative social values, might push for policies that restrict LGBTQ rights, opposing marriage and adoption by same-sex couples, and challenging the legal recognition of gender identity and access to healthcare for transgender people. Such potential policy reversals represent a significant setback for the LGBTQ community.

The rising popularity of far-right ideologies also poses a risk of heightened discrimination and hate speech against LGBTQ people. 

Hate-motivated violence and exclusion are likely to become more prevalent, along with more frequent and aggressive hate speech targeting the LGBTQ community. Additionally, far-right parties often promote traditional gender roles and family structures, potentially undermining the visibility and acceptance of LGBTQ identities. Nonbinary, transgender, and intersex people could face increased stigmatization.

The 16th annual Rainbow Map that ILGA-Europe publishes underscores the importance of legal protections for LGBTQ people. 

Authoritarian leaders across Europe continue to use the scapegoating of LGBTQ people to divide and mobilize their electorates. Several countries, however, have demonstrated robust political will to advance and protect LGBTQ rights. Some countries — Germany, Iceland, Estonia, and Greece — have made significant strides in protecting LGBTQ rights through improvements in legislation and anti-discrimination measures. Belgium, Cyprus, Norway, and Portugal have introduced bans on conversion therapy practices.

Countries such as Italy, on the other hand, show the consequences of stalling legislative protection for LGBTQ people. Moreover, EU accession countries, including Turkey and Georgia, are actively eroding human rights and fundamental freedoms.

The Rainbow Map illustrates the stark differences in how European countries handle LGBTQ rights. 

While some nations are making significant progress, others are regressing, influenced by the far-right’s growing power. Germany, Iceland, Estonia, and Greece, for example, have made noteworthy improvements in their legal frameworks to protect LGBTQ people. Germany prohibited hate crimes based on sexual orientation, gender identity, and sex characteristics, while Estonia and Greece amended their laws to allow same-sex couples to marry and adopt children.

In contrast, Italy, which has dropped in the rankings due to stalling legislative protections, exemplifies the risk of complacency that many activists in Europe fear. The far-right’s influence can quickly lead to the erosion of rights if proactive measures are not taken. The situation is even more dire in EU accession countries such as Turkey and Georgia, where LGBTQ rights are actively being rolled back.

The stakes are high as Europe moves forward from these elections. 

The EU must address the rise in political hate speech and new tools of oppression that include Russia’s criminalization of the LGBTQ movement. Without strong laws and policies to protect LGBTQ people, the foundation of safety, rule of law, and democracy in Europe is at risk.

The balance of power remains delicate as the European Parliament prepares for its new term.

The first major test will be the approval of the new European Commission president, which is set for July. Von der Leyen, who narrowly won her position five years ago, will need to secure broad support among centrists while navigating the complex dynamics of the new parliament. The secret ballot process adds an additional layer of uncertainty, making her re-election far from guaranteed.

The 2024 European elections have set the stage for potentially significant changes in the legislative and social landscape of the EU. As right-wing parties gain power, the fight for LGBTQ rights becomes more crucial than ever. The next few years will be pivotal in determining whether Europe can uphold its commitment to human rights and equality or if it will see a regression influenced by nationalist, conservative ideologies.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular