News
European court rules religion cannot justify anti-gay discrimination
Four British Christians claimed unfair job discrimination because of their beliefs
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.”
Zimbabwe
Gay Zimbabwean couple charged under country’s sodomy law
Two men face year in prison after Aug. 27 arrest
Two gay men in Zimbabwe are facing a year in prison after authorities charged them under the country’s sodomy law.
The National Prosecuting Authority says Tavimbanashe Chawatama, 28, and Leonard Nyakudya, 25, appeared in the Harare Magistrates’ Court on Sept. 2.
The NPA said the men began a relationship last August, lived together, and at times recorded themselves having sex. The couple on Aug. 27 had an altercation involving infidelity, which prompted one of the men to move out of the house. One of them was accused of stealing money as he was about to leave, which prompted the police to respond.
The two men while filing reports at the police station inadvertently provided details about their relationship and living arrangements, which resulted in their arrest for sodomy.
The men have been granted a $50 bail. Their sentencing is expected this month.
HQ Collective ZW, a Zimbabwean advocacy group, said the NPA treated the men unfairly, noting the police ignored their initial reason for approaching them.
“The issue that was reported and the issue that they are being prosecuted for is a direct reflection of how the LGBTQ community in Zimbabwe is stripped of its human rights. It’s unjust and unfair,” said the group. “We have had cases of sexual assault, corrective rape, pedophilia, and gender based violence within the community, but the community can never take these issues to the police because at the bottom of it, awaits the prosecution of LGBT individuals despite the circumstances at hand.”
Section 73 (i) of the country’s penal code states “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 or exceeding level 14 or imprisonment for a period not exceeding one year or both.”
Pakasipiti, another Zimbabwean advocacy group, said LGBTQ people in the country constantly need to prove their humanness.
“When the human rights discourse is juxtaposed with developmental agendas it loses its luster,” said the group. “We see the far reaching effects of discrimination from entities such as religious groups and anti-rights groups purporting to protect the family. The lives of people are easily turning into song and dance against another’s humanness.”
“As minority groups and people who have had to analyze and criticize one’s own existence, our understanding of oppression is not hinged on propaganda nor the subjective moral compasses of the masses. Queer people, more so, LBQ (lesbian, bisexual, queer) women have the burden of proving their humanness twice, if not thrice, to other women too,” added Pakasipiti.
Pakasipiti added it is “constantly reviewing our politics, work and organizing to be cognizant and accommodating of the nuances that we experience and must challenge.”
“Our work is to ensure that LBQ women are respected and understood within the Zimbabwean society,” it said. “It is neither to beg for recognition. We are, unashamedly, unapologetically, queer Zimbabwean citizens.”
Although the existence of the LGBTQ community is well known in Zimbabwe, there is currently a huge backlash against this acknowledgment that makes many LGBTQ people and activists vulnerable.
Hate speech and arbitrarily arrests are common in most parts of the country because of religious and cultural beliefs.
Zimbabwe currently does not have a law that specifically targets LGBTQ people. Some politicians and religious leaders, however, support one.
Delaware
Sarah McBride wins Democratic primary, poised to make history
Del. lawmaker likely to become first transgender person elected to Congress
Delaware state Sen. Sarah McBride is poised to become the first openly transgender person elected to Congress after she won her primary on Tuesday.
McBride defeated Earl Cooper by a 79.9-16.2 percent margin in the Democratic primary for the state’s congressional seat. McBride will face Republican John Whalen in November.
The LGBTQ+ Victory Fund in a press release notes McBride is “favored to win in the heavily Democratic state.”
“Voters across the country are sick and tired of the divisive politics of the past — that’s why we’re seeing an increase in diverse, young candidates like Sarah McBride clearing their primaries,” said Victory Fund President Annise Parker. “Nobody is more qualified than Sarah to represent the values of Delaware in Congress. I look forward to celebrating Sarah’s election victory in November and seeing her get to work for her constituents in Washington.”
McBride is poised to succeed U.S. Rep. Lisa Blunt Rochester (D-Del.), who is running for retiring U.S. Sen. Thomas Carper (D-Del.)’s seat.
“Of course, there’s going to be discussion about the potential of this campaign to break this barrier and to increase diversity in Congress and to ensure that a voice that has been totally absent from the halls of Congress is finally there in an elected capacity,” McBride told the Washington Blade during a 2023 interview after she declared her candidacy. “While it’s not what this campaign is focused on, while it’s not what voters are focused on, it is certainly relevant to the young people who are feeling alone and scared right now.”
National
Thousands expected to participate in Gender Liberation March in D.C.
Participants will protest outside US Supreme Court, Heritage Foundation on Saturday
Thousands of people are expected to protest outside of the U.S. Supreme Court and the Heritage Foundation headquarters on Saturday as part of the first Gender Liberation March.
The march will unite abortion rights, transgender, LGBTQ, and feminist advocates to demand bodily autonomy and self-determination.
The Gender Liberation March follows the National Trans Liberation March that took place in D.C. in late August, and is organized by a collective of gender justice based groups that includes the organizers behind the Women’s Marches and the Brooklyn Liberation Marches. One of the core organizers, writer and activist Raquel Willis, explained the march will highlight assaults on abortion access and gender-affirming care by the Republican Party and right-wing groups as broader attacks on freedoms.
“The aim for us was really to bring together the energies of the fight for abortion access, IVF access, and reproductive justice with the fight for gender-affirming care, and this larger kind of queer and trans liberation,” Willis said. “All of our liberation is bound up in each other’s. And so if you think that the attacks on trans people’s access to health care don’t include you, you are grossly mistaken. We all deserve to make decisions about our bodies and our destinies.”
The march targets the Heritage Foundation, the far-right think tank behind Project 2025, a blueprint to overhaul the federal government and attack trans and abortion rights under a potential second Trump administration. Protesters will also march on the Supreme Court, which is set to hear U.S. v. Skrmetti, a case with wide-reaching implications for medical treatment of trans youth, in October.
“This Supreme Court case could set precedent to further erode the rights around accessing this life-saving medical care. And we know that there are ramifications of this case that could also go beyond young people, and that’s exactly what the right wing apparatus that are pushing these bans want,” Eliel Cruz, another core organizer, said.
According to the Human Rights Campaign, 70 anti-LGBTQ laws have been enacted this year so far, of which 15 ban gender-affirming care for trans youth.
The march will kick off at noon with an opening ceremony at Columbus Circle in front of Union Station. Trans rights icon Miss Major, and the actor and activist Elliot Page are among the scheduled speakers of the event. People from across the country are expected to turn out; buses are scheduled to bring participants to D.C. from at least nine cities, including as far away as Chattanooga, Tenn.
At 1 p.m. marchers will begin moving toward the Heritage Foundation and the Supreme Court, before returning to Columbus Circle at 3 p.m. for a rally and festival featuring a variety of activities, as well as performances by artists.
Banned books will be distributed for free, and a youth area will host a drag queen story hour along with arts and crafts. The LGBTQ health organization FOLX will have a table to connect attendees to its HRT fund, and a voter engagement area will offer information on registering and participating in the upcoming election. A memorial space will honor those lost to anti-trans and gender-based violence.
Cruz noted that the relentless ongoing attacks on the LGBTQ community and on fundamental rights can take a toll, and emphasized that the march offers a chance for people to come together.
“I’m really excited about putting our spin on this rally and making it a place that is both political, but also has levity and there’s fun and joy involved, because we can’t, you know, we can’t just only think about all the kind of massive amount of work and attacks that we’re facing, but also remember that together, we can get through it,” Cruz said.
Sign up for the march here. Bus tickets to the rally can be booked here.
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