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Colombia marriage deadline approaches

Some notaries and judges will refuse to allow gays to register relationships

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Colombia, Senate, gay news, Washington Blade
Colombia, Senate, gay news, Washington Blade

The Colombian Senate (Washington Blade photo by Michael K. Lavers)

Even though same-sex couples in Colombia will be able to legally register their relationships on Friday, it remains unclear whether some notaries and even judges will allow them to do so.

The country’s Constitutional Court in 2011 ruled gays and lesbians can legally register their relationships after June 20 if lawmakers failed to extend to them the same benefits heterosexuals receive through marriage. The Colombian Senate in April overwhelmingly rejected a measure that would have allowed same-sex couples to tie the knot in the South American country.

Marcela Sánchez Buitrago, executive director of Colombia Diversa, an LGBT advocacy group, told the Washington Blade on Monday that some notaries have already said they will not marry same-sex couples after the court’s deadline passes. They would instead allow them to enter into a “solemn contract” that is similar to an agreement between two people who buy a house together.

“This in the view of Colombia Diversa does not comply with the Constitutional Court’s order,” Sánchez said.

Colombia Diversa and other LGBT advocacy groups are advising couples who encounter a notary or a judge who refuses to allow them to register their relationships–or enter into a civil marriage as Sánchez and other activists have described it–to petition a court to reverse the decision. Lina Cuéllar, director of Sentiido, an LGBT website she co-publishes in Bogotá, the country’s capital, told the Blade she expects some notaries and judges will accommodate gays and lesbians in the same way they treat heterosexual couples.

She said they will follow the court’s order, but it remains unclear how exactly they will interpret it.

“It is difficult to state concretely what is going to happen after June 20,” Cuéllar told the Blade.

Argentina is among the 12 countries in which same-sex couples can legally marry.

Gays and lesbians will be able to tie the knot in Uruguay and New Zealand in August.

Brazilian lawmakers have yet to consider a nationwide same-sex marriage bill in spite of a ruling from the country’s National Council of Justice last month that said registrars in the South American nation cannot deny marriage licenses to gay couples.

The U.S. Supreme Court later this month will issue rulings on the constitutionality of California’s Proposition 8 and the Defense of Marriage Act.

Advocates remain critical of government’s response to marriage debate

Dr. Zayuri Tibaduiza, an advisor to Vice President Angelino Garzón, told the Blade during an interview last month at her Bogotá office the Colombian government respects both the Constitutional Court’s ruling and the Senate’s vote against the same-sex marriage bill. Advocates remain critical of President Juan Manuel Santos’ administration for what they maintain is its continued silence on the issue.

“There is a general discontent on how the government managed the situation, since they could have legislated on this topic,” Cuéllar said. “They instead waited until the Constitutional Court’s deadline when nothing could have been done.”

Even though she said one can describe the tribunal’s ruling as “ambiguous,” Sánchez told the Blade it did not explicitly deny same-sex couples the right to marry.

“As of June 20, we are going to put this interpretation to the test,” she said. “We hope it will hold up because it is the one that recognizes equality for couples.”

Centro de Cuidadanía LGBTI Sebastián Romero, The Sebastián Romero LGBT Community Center, Teusaquillo section, Bogotá, Colombia, gay news, Washington Blade, Bogota

Centro de Cuidadanía LGBTI Sebastián Romero (The Sebastián Romero LGBT Community Center) in the Teusaquillo section of Bogotá. (Washington Blade photo by Michael K. Lavers)

Laura, a transgender woman who works at the Sebastián Romero LGBT Community Center in the Teusaquillo area of Bogotá that is named in honor of the first openly gay person elected to political office in Colombia told the Blade last month many people have what she described as a “limited understanding” of the same-sex marriage debate.

She noted during the same interview that anti-trans discrimination, homelessness and general mistreatment of LGBT people on the streets are among the problems that she and her colleagues continue to confront.

A report that Colombia Diversa released last month indicates 58 of the reported 280 LGBT Colombians who were murdered between 2011-2012 were killed because of their sexual orientation or gender identity and expression. The Latin American and Caribbean Network of Transgender Women (REDLACTRANS) noted in a separate report that 61 Colombian trans women have been reported murdered between 2005-2011.

“There are those who are definitely not interested in the (same-sex marriage campaign,) but simply want to gain their rights,” Laura said.

Opposition to same-sex marriage remains strong in Colombia, but Cuéllar said the “equality for all” message that came from the campaign in support of the issue has had a positive effect.

“A lot of allies have joined the cause,” Cuéllar said. “This has helped to widen the scope of what equality means in a country like Colombia.”

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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