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

Couples in São Paulo can get marriage licenses in 60 days

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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.”

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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