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European court rules religion cannot justify anti-gay discrimination

Four British Christians claimed unfair job discrimination because of their beliefs

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European Court of Human Rights, Strasbourg, gay news, Washington Blade

The European Court of Human Rights on Tuesday ruled religion cannot justify discrimination against same-sex couples. (Photo by CherryX via Wikimedia Commons)

The European Court of Human Rights on Tuesday ruled religious beliefs cannot justify discrimination against same-sex couples.

The tribunal in Strasbourg, France, ruled against two British Christians who claimed their employers unfairly discriminated against them because of their opposition to relationship recognition for gays and lesbians and homosexuality.

Registrar Lillian Ladele claimed the Borough of Islington outside London unfairly disciplined her because she refused to officiate civil partnership ceremonies for same-sex couples after the United Kingdom’s civil partnership law took effect in 2005. Gary McFarlane accused the Relate Federation, an English counseling service, of firing him in 2008 because he said he may object to providing sex therapy to gay and lesbian couples because of his religious-based opposition to homosexuality.

“We welcome the ECHR’s ruling,” Relate Chief Executive Ruth Sutherland said in a statement. “We believe that it is further endorsement that Relate acted in an appropriate manner and fully in compliance with the law in the case regarding Gary McFarlane. The ruling supports our view that Relate acted properly and that it was Mr. McFarlane who was in breach of his agreed terms and conditions of employment. For Relate, this case has always been about protecting the right that every Relate client has to impartial, unbiased and empathetic counseling and sex therapy in line with our charitable aims.”

The court also ruled against a nurse who claimed she lost her job at an English hospital because she refused to remove her necklace with a cross. British Airways employee Nadia Eweida received €32,000 in damages after the airline suspended her for wearing a cross necklace to work.

“Today’s judgment is an excellent result for equal treatment, religious freedom and common sense,” Shami Chakrabarti, director of Liberty, a British human rights group, said in a statement. “Nadia Eweida wasn’t hurting anyone and was perfectly capable of doing her job whilst wearing a small cross. She had just as much a right to express her faith as a Sikh man in a turban or a Muslim woman with a headscarf.”

The Religion News Service reported that Alliance Defending Freedom, an American anti-gay organization, said “Christian employees should not be singled out for discrimination,” but categorized the court’s decision to reject the other three cases as “extremely disappointing.”

LGBT rights advocates in the U.K. and across Europe quickly applauded the decision.

“With this ruling, the court has established that freedom of religion is an individual right,” Sophie in ‘t Veld, vice-president of the European Parliament’s LGBT Intergroup, said in a statement. “It is emphatically not a collective right to discriminate against LGBT people, women, or people of another faith or life stance. Religious freedom is no ground for exemption from the law. The court showed conclusively that the principle of equality and equal treatment cannot be circumvented with a simple reference to religion.”

Ben Summerskill, chief executive of the British LGBT advocacy group Stonewall, agreed.

“Today’s judgment rightly confirms that it’s completely unacceptable in 2013 for public servants to pick and choose who they want to serve on the basis of sexual orientation,” he said. “Gay people contribute over £40 billion annually to the cost of public services in this country. They’re entitled to nothing less than equal treatment from those services, even from public servants who don’t happen to like gay people.”

The court’s ruling coincides with the expected introduction of a bill in the British Parliament in the coming weeks that would extend marriage rights to same-sex couples in England and Wales. Scottish lawmakers are expected to consider a similar measure this year.

French legislators on Jan. 29 will begin to debate a proposal that would extend marriage and adoption rights to same-sex couples in France. More than 350,000 people marched through the streets of Paris on Sunday in opposition to the bill.

COC Netherlands, a Dutch LGBT advocacy group, said the European Court of Human Rights’ decision “clears the way” to repeal the exemption to the country’s 2001 same-sex marriage law that allows civil servants to refuse to marry gays and lesbians.

“Now that even the European Court rules against civil servants that refuse to marry gay couples, the way to ending this phenomenon in the Netherlands has been cleared,” COC Netherlands President Tanja Ineke told the Washington Blade. “We call on the Dutch government to take measures to end this phenomenon immediately and put an end to this long lasting debate.”

Tamás Dombos of the Hungarian LGBT advocacy group Háttér noted to the Blade that the Constitutional Court of Hungary has ruled registrars cannot legally discriminate against couples based on their sexual orientation. The country’s domestic partnership law took effect in 2009, but a new constitution with an amendment that defines marriage as between a man and a woman took effect last January.

“We welcome the decision, although the reasoning of the court is quite moderate claiming that national authorities have the power to settle the clash between the two competing claims (non-discrimination and freedom of religion,)” Dombos said in reference to the European Court of Human Rights decision. “So it is questionable whether the decision can be used later to fight national decision that prioritize religious freedom instead.”

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The White House

Trump tells Fox News he won the ‘gay vote’ — but polls tell a different story

Trump falsely claims LGBTQ support on Fox despite polling showing overwhelming opposition.

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President Donald Trump at the State of the Union in February 2025. (Washington Blade photo by Michael Key)

President Donald Trump claimed he won the “gay vote” in 2024, despite evidence showing otherwise.

While appearing by phone on Fox News’s panel show “The Five” on Thursday, Trump falsely claimed he performed particularly well among gay voters while discussing the ongoing war in Iran — a conflict he initiated without formal congressional approval.

“Now I think I did very well with the gay vote, OK? I even played the gay national anthem as my walk-off, OK?” Trump said on air.

“And I think it probably helped me. But I did great. No Republican’s ever gotten the gay vote like I did and I’m very proud of it, I think it’s great. Perhaps it’s because I’m from New York City, I don’t know…”

His claim contradicts 2024 polling from NBC News, which found that the GOP presidential ticket captured fewer than 1 in 5 LGBTQ male voters — a figure that may also include bisexual and transgender men. Trump’s support among LGBTQ female voters was even lower, at just 8%.

White LGBTQ voters favored Vice President Kamala Harris over Trump by a margin of 82% to 16%, while LGBTQ voters of color backed Harris by an even wider 91% to 5%.

Trump also used the appearance to criticize “Gays for Palestine,” saying: “Look at ‘Gays for Palestine’… they kill gays, they kill them instantly, they throw them off buildings, and I’m saying, ‘Who are the gays for Palestine?’”

He further pointed to his campaign’s use of the song “Y.M.C.A.” by the Village People — which he has repeatedly described as a “gay national anthem” — noting that it was frequently used as a walk-off song at rallies, as an indication that he and his campaign were supported by the gay community. The track, long associated with camp and hyper-masculine gay imagery, became a staple of Trump campaign events.

The Village People were later booked to perform at Turning Point USA’s inaugural ball celebrating Trump’s second inauguration. Lead singer Victor Willis previously criticized Trump’s use of the song dating back to 2020 and considered legal action to block it, but ultimately said there was “not much he can do about it.” He later acknowledged the renewed exposure was “beneficial” and “good for business,” boosting the song’s popularity and chart performance.

Despite Trump’s claims of strong support from gay voters, polling has consistently shown otherwise — even as several prominent gay men have held roles in or around his orbit, sometimes dubbed the “A-gays.” These include Richard Grenell, former executive director of the Kennedy Center and Special Presidential Envoy for Special Missions; Treasury Secretary Scott Bessent; Under Secretary of State Jacob Helberg; Department of Energy official Charles T. Moran; and longtime supporter Peter Thiel, co-founder and CEO of Palantir.

His efforts to portray himself as aligned with the gay community stand in conflict with policies advanced under his leadership. These include removing LGBTQ-related data from State Department reports, attempting to narrowly redefine gender identity in federal policy, restricting access to gender-affirming health care, and rolling back anti-discrimination protections. His administration also rescinded initiatives focused on LGBTQ health equity, data collection, and nondiscrimination in health care and education — moves advocates say contribute to stigma and worsen mental health outcomes.

Additionally, some HIV programs and community health centers have lost funding from the federal government after supporting initiatives inclusive of transgender people as a direct result of Trump-Vance policies.

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National

Anti-trans visa ruling echoes Nazi regime destroying trans documents

Trump administration escalates attacks on queer community

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The Trump administration has moved from identifying trans people as as threat to the family to claiming that trans people are a threat to the spiritual health of the nation. (Washington Blade photo by Michael Key)

The Lemkin Institute for Genocide Prevention and Human Security earlier this month released its third Red Flag Alert for the United States about the Trump administration’s anti-trans legislation. As the Lemkin Institute shared in the press release, “the Administration has moved from identifying transgender people as as threat to the family and to the nation’s military prowess to claiming that transgender people constitute a cosmic threat to the spiritual health of the nation and the great direct threat to the US national security in the world.”

The news came the same day that the State Department issued a new rule, “Enhancing Vetting and Combatting Fraud in the Immigrant Visa Program.” Under this new guidance, all visa applicants are required to disclose their “biological sex at birth” during all stages of the process, “even if that differs from the sex listed on the applicant’s foreign passport or identifying documentation.” 

This rule also orders that applicants to the green card lottery program share their passport information, so in knowingly collecting passport information that the agency knows will not match a person’s biological sex at birth, it’s creating grounds to deny trans peoples’ biases on the basis of “fraud,” Aleksandra Vaca of Transitics explains.

As is written in the new ruling, “the Department is replacing ‘gender’ with ‘sex’ in accordance with E.O. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which provides that the term ‘sex’ shall refer to an individual’s sex at birth. Only male and female sex options are available for entrants completing the Diversity Visa entry form.” 

Along with outright denying the existence of nonbinary, genderqueer and gender expansive people, this policy creates a precedence for trans people to be stripped of their visas and deported because under 8 U.S.C. § 1182(a)(6)(C)(i), any foreigner found to have obtained or possess a visa “by fraud or willfully misrepresenting a material fact” will have their visa revoked and face deportation. 

By requesting information on “biological sex at birth,” the State Department is forcing a mismatch between documents and enabling officials to accuse trans, nonbinary, and gender expansive immigrants of fraud. Thus, trans and nonbinary immigrants can have their visas revoked and can be deported, and information gathered from immigrants during the visa request process can be added to federal databases and used by immigration authorities, including ICE agents. 

With the Supreme Court’s decision this past year allowing ICE officers to use racial profiling, Vaca argues that “now, The Trump administration has given ICE the reason it needs. Under this rule, ICE agents now have the enforcement rationale to assert that trans people–especially those belonging to racial minority groups–are more likely than cis people to have ‘misrepresented’ themselves during the visa process, and therefore, are more likely to enter the country ‘unlawfully.’”

This would enable ICE agents to target trans individuals specifically for being trans. If the goal of this were unclear, a day later the Trump administration released its statement for Women’s History Month 2026, writing that “we are keeping men out of women’s sports, enforcing Title IX as it was originally written and ensuring colleges preserve–and, where possible, expand–scholarships and roster opportunities for female athletes. We are restoring public safety and upholding the rule of law in every city so women, children, and families can feel safe and secure.”

And this is not the first time that ICE has targeted and harmed trans and nonbinary immigrants. Last June, Vera reported that ICE is not including trans people in detection in their public reports, and back in 2020, AFSC reported that trans people held in ICE detention faced “dreadful, ugly” conditions. 

While it seems like a new development in Trump’s anti-trans escalation, it echoes a deeply upsetting history of denying and destroying transgender people’s documents following members of the Nazi party seizing power in 1933. 

In the early 20th century, Weimar, Germany was an epicenter for gender affirming care with Maganus Hirschfeld’s Institute for Sexual Science. One of the first book burnings of the rising Nazi regime destroyed the Institute’s extensive clinical records and library on trans health and history by Nazi students and stormtroopers. In doing so, the Nazis effectively destroyed the world’s first trans health clinic and one of the richest and most comprehensive collective of information about trans healthcare. 

Similarly, the Nazi government invalidated or refused to recognize what was called “transvestite passes,” or passing certificates that allowed trans people to avoid arrest under Paragraph 175 which prohibited cross-dressing. During the Weimar Republic — the regime that preceded the Third Reich — recognized and affirmed the identities of trans people (in limited ways) with specific documentation that helped prevent them from arrest. Invalidating and disregarding these passes allowed police and Nazi officials to target trans people and harass, extort and arrest them, and the record of passes themselves helped officials target trans people. 

The changes to visa guidelines — alongside Kansas’s move to revoke trans drivers’ licenses last month — is reflective of this escalation of violence against trans people during the Nazi’s rise to power, which scholars like Dr. Laurie Marhoefer is just beginning to uncover. And along with the revocation of identification documents this past week, a recent Fourth Circuit Court ruled that states can deny Medicaid coverage for gender-affirming surgery.

The Fourth Circuit Court decision affirmed the Supreme Court’s decision in Skrmetti, which ruled that bans on gender affirming healthcare for young people are constitutional. This ruling extends this ban to include adult healthcare bans, allowing West Virginia’s exclusion of Medicaid coverage for adult gender affirming healthcare to take full effect. Even more upsetting was what the ruling itself said, calling gender affirming healthcare “dangerous.” 

As was written in the Fourth Circuit Opinion, “it’s not irrational for a legislature to encourage citizens ‘to appreciate their sex’ and not ‘become disdainful of their sex’ by refusing to fund experimental procedures that may have the opposite effect.” 

In reality, what this ruling and the opinion reflect, is the next step in government regulation and oversight over marginalized peoples’ bodies. From the overturn of Roe v. Wade, which removed federal protection of access to abortion, this next step represents the denial of people’s access to vital, lifesaving care–and to be clear, gender affirming care is not just for trans, nonbinary, and intersex people. It’s a dangerous escalation and one that echoes previous violence against trans people under fascist regimes; the Lemkin Institute is right to raise concern.

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Japan

Japanese Supreme Court to consider marriage equality

Japan only G7 country that does not legally recognize same-sex couples

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Japanese Supreme Court (Photo public domain)

The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.

NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.

Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.

Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.

Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”

Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.

NHK reported the Supreme Court is expected to issue its ruling in early 2027.

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