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Mexican Supreme Court rules anti-gay slurs are not protected speech

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Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico

Oaxaca, gay marriage, marriage equality, same sex marriage, Mexico

Lawyer Alex Ali Mendez Diaz represented three same-sex couples from the Mexican state of Oaxaca whom local authorities denied marriage licenses. (Photo courtesy of Alex Ali Mendez Diaz)

Mexican Supreme Court justices on Tuesday announced a ruling that found anti-gay slurs are not protected speech under the country’s constitution.

Justice Minister Arturo Zaldívar Lelo de Larrea requested the justices for the first time in Mexican legal history decide what the court described in a press release that announced its decision as “the complex problem between freedom of expression and discriminatory manifestations – specifically homophobic expressions.”

The justices in their 3-2 ruling concluded the words “maricones” and “puñal” two newspaper reporters from the state of Puebla used to criticize each others work are offensive and discriminatory.

“It was determined that the expressions ‘maricones’ and ‘puñal’ as they were used in this present case were not found to be protected under the Constitution,” it reads.

The Mexico City-based National Council to Prevent Discrimination described the court’s decision as a “substantive advance in the fight against homophobia in Mexico.”

The ruling comes less than two months after the European Court of Human Rights found religious beliefs cannot justify discrimination against same-sex couples.

The Mexican Supreme Court last month formally released its decision that found a Oaxacan law that bans same-sex marriage unconstitutional.

Three couples tried to apply for marriage licenses in the state, but their applications were denied. They then sought legal recourse known as an “amparo” in the Mexican judicial system that would ensure local authorities would protect their constitutional rights.

Alex Alí Méndez Díaz, a lawyer who represents them, told the Washington Blade earlier this week the first of the three Oaxacan couples plan to marry later this month.

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6 Comments

6 Comments

  1. Stanley James

    April 15, 2013 at 7:27 pm

    Good for Meexico. Israel and Germany also have anti hate speech laws.

    Its all ab out how hitler (austrian catholic) got elected and 55 million died. includng in the holocaust 6 million jews and about 50,000 gays.

    BTW Fascism started in Italy and Machieavelli was catholic. Any surprise?

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Trudeau’s party wins Canada election

Prime minister champions LGBTQ rights

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recreational marijuana, gay news, Washington Blade
Canadian Prime Minister Justin Trudeau speaks to reporters at the U.N. in 2016. (Washington Blade photo by Michael K. Lavers)

Canadian Prime Minister Justin Trudeau’s Liberal Party won the country’s election that took place on Monday.

The Canadian Broadcasting Corporation projected Trudeau’s party won, even though polls have not closed in all provinces and territories. Erin O’Toole of the Conservative Party was Trudeau’s main challenger.

Trudeau has been prime minister since 2015.

He won re-election in 2019, even though a picture of him in blackface emerged a few weeks before the vote. His party lost its majority in Parliament.

Trudeau last month called a snap election in the hopes his party could once again have a majority government.

The prime minister in 2017 formally apologized to those who suffered persecution and discrimination under Canada’s anti-LGBTQ laws and policies and announced the Canadian government would settle a class-action lawsuit filed by those who were forced to leave the military and civil service because of their sexual orientation.

A law that added gender identity to Canada’s nondiscrimination and hate crimes also law took effect in 2017. Trudeau supports a bill that would ban so-called conversion therapy in the country.

Canada in 2018 joined the Global Equality Fund, a public-private partnership the U.S. launched in order to promote LGBTQ rights around the world. Canada has also said it would offer refuge to LGBTQ Afghans who are fleeing their country after the Taliban regained control of it in August.

The Washington Blade will update this article.

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Thousands participate in Kyiv Pride march

Event took place without violence

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Kiev, gay news, Washington Blade
(Photo by Jorge Franganillo via Flickr)

Upwards of 7,000 people on Sunday took part in the Ukrainian capital’s annual Pride march.

The Associated Press reported Kyiv Pride participants, among other things, demanded the country’s lawmakers allow civil partnerships for same-sex couples and create a law against hate crimes based on sexual orientation and gender identity.

The Ukrainian Cabinet of Ministers has introduced a measure that would make the country’s hate crimes law LGBTQ inclusive.

“We’ve grown tired of waiting for change and enduring systematic intimidation, pressure, disruption of peaceful events, attacks on activists and the LGBT community,” said Kyiv Pride in a statement to the Associated Press. “We demand changes here and now, as we want to live freely in our own country.”

The march took place less than a month after President Volodymyr Zelenskyy publicly said his government will continue to fight discrimination based on sexual orientation and gender identity.

“With U.S. support, Ukraine will continue to advance respect for human rights, civil liberties and fundamental freedoms in accordance with international standards and obligations, as well as to fight racism, xenophobia, anti-Semitism and discrimination against the LGBTQI+ community,” reads a joint statement the White House released on Sept. 1 after Zelenskyy met with President Biden. “Ukraine plans to strengthen accountability for violence against all persons regardless of gender, race, ethnicity, religion, sexual orientation, or political views, including through legislation.”

Far-right extremists in 2019 attacked several people who attended Kyiv Pride. Members of a Ukrainian nationalist group in 2015 injured nine police officers who had been deployed to an LGBTQ rights march that coincided with Kyiv Pride.  

Sunday’s march took place without violence.

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Gay Guatemala congressman ‘scared’ for his life

Aldo Dávila a vocal critic of country’s president, corruption

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Guatemalan Congressman Aldo Dávila participates in a protest in Guatemala City in 2019. (Washington Blade photo by Michael K. Lavers)

GUATEMALA CITY — A gay Guatemalan congressman who is a vocal critic of his country’s president and corruption says he is afraid for his life.

“I am scared of what may happen with so much persecution against me,” Aldo Dávila told the Washington Blade on Sept. 10 during an interview at a Guatemala City hotel. “I am scared for my life, for my partner, for my family and for my team.”

Dávila — a member of the Winaq movement, a leftist party founded by Rigoberta Menchú, an indigenous human rights activist and Nobel Peace Prize winner — in 2019 became the first openly gay man elected to Guatemala’s congress. Dávila, who also lives with HIV, had previously been the executive director of Asociación Gente Positiva, a Guatemala City-based HIV/AIDS service organization.

Three men on April 19 approached his vehicle while it was stopped at a traffic light near Guatemala’s National Library and tried to rob him.

One of Dávila’s bodyguards who was driving shot one of the men. The other two men fled the scene before passersby and police officers arrived.

Dávila was not injured, but he later said in a Facebook post that he is “thankful for life.” Dávila told the Blade that Guatemalan authorities have not thoroughly investigated the attack.

“I requested an armored car after the attack, but I have not received it yet,” said Dávila, who arrived at the hotel with two female police officers who sat in the lobby while he spoke with the Blade. “This has not been resolved, even though it was in April. It is very complicated.”

Dávila said Culture Minister Felipe Aguilar, Congress President Allan Rodríguez and other supporters of President Alejandro Giammattei have lodged nine formal complaints against him after he publicly criticized the government over a variety of issues that include its response to the pandemic.

“It has been a systematic attack against me,” said Dávila.

Dávila told the Blade that he and his partner installed cameras in their apartment after someone killed their dog. Dávila also said he continues to receive death threats online and at his home.

“We are going to kill you, we are going to shut you up,” said Dávila, referring to the type of threats he says he receives.

“They send me little messages, I am clearly making those who are corrupt very uncomfortable,” added Dávila.

Prominent transgender activist murdered in June

Discrimination and violence based on sexual orientation and gender identity remains commonplace in Guatemala.

Dávila told the Blade that 21 LGBTQ people have been reported killed in Guatemala so far in 2021, including one person who was stoned to death.

Andrea González, executive director of Organización Trans Reinas de la Noche, a trans advocacy group, was shot to death in Guatemala City on June 11, days after Vice President Kamala Harris visited the country. The U.S. Embassy in Guatemala and U.S. Agency for International Development Administrator Samantha Power both condemned González’s murder, but Dávila told the Blade there has been “no investigation.”

“It’s one more case about which to forget, unfortunately,” said Dávila.

Dávila also noted he has met with officials who include representatives of the National Civil Police, the Public Ministry and the National Institute for Forensic Sciences “to ask what they are doing” to combat anti-LGBTQ violence in the country.

“This is serious,” he said.

Organización Trans Reinas de la Noche Executive Director Andrea González in D.C. when she participated in the State Department’s International Visitors Leadership Program. She was killed in Guatemala City on June 11, 2021. (Photo courtesy of Facebook)

‘People don’t migrate because they want to’

Menchú, Visibles Executive Director Daniel Villatoro and Ingrid Gamboa of the Association of Garifuna Women Living with HIV/AIDS are among the 18 members of Guatemalan civil society who participated in the roundtable with Harris while she was in the country. The U.S. vice president met with Giammattei before the event.

Harris has previously acknowledged that violence based on sexual orientation and gender identity is among the “root causes” of migration from Guatemala and other Central American countries. Harris and other Biden administration officials have also told migrants not to travel to the U.S.-Mexico border.

“People migrate because states don’t have the capacity to respond to the most basic needs,” said Dávila. “People don’t migrate because they want to. People don’t migrate because (they say) today I am going to go to the United States because I have nothing to do. They don’t go on vacation. They go in search of health, work, security and economic resources to be able to sustain themselves.”

“Guatemala has not had the capacity to retain Guatemalans because it doesn’t offer them the minimum to be able to live,” he added.

Dávila described Harris’ visit to Guatemala as “important.”

He said Guatemalans are “eternally grateful for the” COVID-19 vaccines the U.S. has donated to the country. Dávila added he would like Washington to “take a look at the human rights violations that are happening in” the country and further sanction those who are responsible for them.

Giammattei earlier this year named his chief of staff to Guatemala’s Constitutional Court.

The U.S. has granted asylum to former Attorney General Thelma Aldana, who the Constitutional Court refused to allow to run for president in 2019 after prosecutors alleged she embezzled money from a building purchase. The Biden administration in July stopped working with current Attorney General Consuelo Porras’ office after it fired Juan Francisco Sandoval, a leading anti-corruption prosecutor who subsequently fled the country.

The U.S. has imposed travel bans on a number of Guatemalan officials, but Dávila said these sanctions are not effective.

“We want clearer, more drastic sanctions,” he said. “The U.S. has been a historical ally for Guatemala, not just since yesterday, not from five years ago … it has been economically and financially supporting this country for a long time. The United States can impose more drastic sanctions against the government so the government stops being corrupt, so the government does not fight against migration.”

A monument to migrants in Salcajá, Guatemala, on March 9, 2019. (Washington Blade photo by Michael K. Lavers)

Dávila told the Blade he has not decided whether he will run for a second term in 2023.

Dávila said he has had “some problems” with the Winaq movement over funding for hospitals during the pandemic, but he remains a member. Dávila told the Blade he has received invitations to join other political parties.

“I am thinking about it and evaluating all the scenarios,” he said.

Dávila added he remains “very proud to be part of the opposition in the history of this country.”

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