Connect with us

News

European court rules religion cannot justify anti-gay discrimination

Four British Christians claimed unfair job discrimination because of their beliefs

Published

on

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.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

Published

on

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.

View on Threads

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

Continue Reading

European Union

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

Ruling sets up potential clash with bloc

Published

on

(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.

Continue Reading

Taiwan

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

Interior Ministry’s 2008 directive remains in place

Published

on

(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.

Continue Reading

Popular