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Marriage efforts in Latin America advance amid resistance

A Colombian judge annulled a gay couple’s marriage on October 2.

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Caludia Zea, Elizabeth Castillo, Gachetá, Colombia, gay news, Washington Blade

Caludia Zea, Elizabeth Castillo, Gachetá, Colombia, gay news, Washington Blade

Caludia Zea and Elizabeth Castillo married in Gachetá, Colombia, on September 25. (Photo by Paola Zuluaga)

Colombia has become the latest Latin American country in which same-sex couples have been able to marry.

A civil judge in Bogotá, the Colombian capital, on September 20 married Julio Albeiro Cantor Borbón and William Alberto Castro Franco. Elizabeth Castillo and Claudia Zea tied the knot five days later in a ceremony in Gachetá in the province of Cundinamarca that Judge Julio González officiated.

Another Bogotá judge on October 4 married Adriana Elizabeth González and Sandra Marcela Rojas.

Colombia’s Constitutional Court in 2011 ruled gays and lesbians could seek legal recognition of their relationships within two years if lawmakers in the South American country did not extend to them the same benefits heterosexuals receive through marriage.

The Colombian Senate in April overwhelmingly rejected a bill that would have extended marriage rights to gays and lesbians. And the Constitutional Court’s June 20 deadline passed amid lingering confusion as to whether same-sex couples could actually marry in the country.

Many notaries have said they will allow gays and lesbians to enter into a “solemn contact” as opposed to a civil marriage.

A Bogotá judge in July solemnized Carlos Hernando Rivera Ramírez and Gonzalo Ruiz Giraldo’s relationship. Marcela Sánchez, executive director of Colombia Diversa, an LGBT advocacy group, and other activists maintain the two men and other same-sex couples whose relationships have been formally recognized are legally married.

“I am not doing any type of favor; it is not important that I may be sympathetic to the LGBTI movement or that I am from a liberal political group,” Julio González told the Colombian newspaper El Espectador after he married Castillo and Zea. “These things cannot dictate whether a judge acts according to the law and the Constitution.”

A Bogotá judge on October 2 annulled Cantor and Castro’s marriage after a group opposed to nuptials for gays and lesbians challenged it in court. The organization has said it plans to file suit against Julio González and other judges who have officiated same-sex marriages.

Out Bogotá City Councilwoman Angélica Lozano on September 30 also filed a complaint against Inspector General Alejandro Ordoñez, who vehemently opposes nuptials for gays and lesbians, for ordering notaries to report any same-sex couple who seeks a marriage licenses to his office.

“I am legally denouncing the inspector general for abuse of power, arbitrary acts and injustices against homosexuals,” Lozano tweeted after she filed her complaint.

Mexican, Chilean advocates push for marriage

Argentina and Uruguay are among the 14 countries in which gays and lesbians can legally marry.

Brazil’s National Council of Justice in May ruled registrars in the South American country cannot deny marriage licenses to same-sex couples. São Paulo and other Brazilian states had already extended marriage rights to same-sex couples, but the country’s lawmakers have yet to pass a nationwide gay nuptials bill.

The Mexican Supreme Court in February unveiled its decision that found a law in the state of Oaxaca that bans same-sex marriage unconstitutional.

Same-sex couples have been able to legally marry in Mexico City since 2010, and the Mexican Supreme Court has ruled that states must recognize these unions.

A gay couple in Mérida on the Yucatán Peninsula exchanged vows in August after a federal judge said they could tie the knot. Judges in the states of Chihuahua and México in recent months have also ruled in favor of same-sex couples seeking marriage rights.

Gays and lesbians in Jalisco, in which the resort city of Puerto Vallarta is located, and other Mexican states have also begun to petition local authorities to allow them to marry.

Chilean LGBT rights advocates continue to pressure President Sebastián Piñera to allow gays and lesbians to tie the knot after the Inter-American Court of Human Rights in July gave the country’s government a two month deadline to respond to a same-sex marriage lawsuit the group Movement for Homosexual Integration and Liberation (Movilh) filed in 2012.

Movilh said in an October 3 press release that two members of Piñera’s cabinet with whom it met assured them the government has already begun the “process of internal consultations” to respond to its lawsuit.

More than 40 Chilean lawmakers on October 8 urged Piñera to make a bill that would allow gays and lesbians to enter into civil unions a priority before he leaves office early next year.

Former President Michelle Bachelet, who is the frontrunner to succeed Piñera in the country’s presidential elections that will take place on November 17, earlier this year publicly backed marriage rights for same-sex couples.

“More than two million people live together in Chile and they find a lack of this law socially and judicially indefensible,” the letter to Piñera reads. “They remind you that your presidential platform clearly referenced these topics.”

Civil unions bill introduced in Perú

Peruvian Congressman Carlos Bruce last month introduced a bill that would allow same-sex couples to enter into civil unions. It would extend economic benefits to them, but not adoption rights.

Victor Cortez and his boyfriend, Antonio Capurro, formed the group Plural Perú to help build support for the civil unions measure and expanded LGBT rights in the country. The two activists told the Washington Blade during an interview from the Peruvian capital of Lima on Tuesday the bill faces an uphill battle before lawmakers consider it in March.

A recent poll found 65 percent of Peruvians oppose any efforts to allow same-sex couples to enter into a civil union. Lima Archbishop Juan Luis Cipriani and Evangelicals are among those who frequently speak out against gays and lesbians and any proposal to legally recognize their relationships.

Cortez told the Blade he feels machismo and conservative attitudes within Peruvian society will continue to hamper efforts to extend marriage rights to same-sex couples.

“These types of unions go against these values,” he said. “For them this is very unacceptable.”

Antonio Capurro, Peru, LGBT rights, gay news, Washington Blade

Peruvian LGBT rights activist Antonio Capurro holds a sign that reads “And where are our rights? We are also citizens.” (Photo courtesy of Antonio Capurro)

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District of Columbia

Taste of Point returns at critical time for queer students

BIPOC scholar to speak at Room & Board event on May 2

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A scene from the 2022 Taste of Point. (Washington Blade file photo by Michael Key)

The Point Foundation will kick off May with its annual Taste of Point DC event. The event will be hosted at Room & Board on 14th Street and feature a silent auction, food tastings, a speech from a scholar, and more. 

Point’s chief of staff, Kevin Wright, said that at Taste of Point, the scholars are the star of the show.

“People never come to an event to hear Point staff speak, they come to hear from the people most impacted by the program,” he said. “At its core Taste of Point is designed to center and highlight our scholars’ voices and experiences.”

This year, a Point BIPOC Scholar, Katherine Guerrero Rivera will speak at the event. 

“It is a great opportunity to highlight the scholars out there on the front lines making impacts in almost every sector and job field,” Wright said. 

Wright pointed out that this year especially is a pivotal time for LGBTQ students. 

“In 2023, there were 20 states that passed anti-LGBTQ legislation,” he said. “By this point in [2024] we already have more.”

Wright said the impacts of those legislative attacks are far reaching and that Point is continuously monitoring the impact they have on students on the ground. 

Last month, The Washington Post reported that states with anti-LGBTQ laws in place saw school hate crimes quadruple. This report came a month after a non-binary student, Nex Bennedict, died after being attacked at school. 

“So, we see this as a critical moment to really step up and help students who are facing these challenges on their campus,” Wright said. “Our mission is to continue to empower our scholars to achieve their full academic and leadership potential.” 

This year Point awarded nearly 600 LGBTQ students with scholarships. These include the flagship scholarship, community college scholarship and the BIPOC scholarship. When the foundation started in 2002, there were only eight scholarships awarded. 

Dr. Harjant Gill is one of those scholars who said the scholarship was pivotal for him. Gill said he spent his undergraduate years creating films and doing activism for the LGBTQ community. 

As a result, his academic record wasn’t stellar and although he was admitted into American University’s graduate program he had no clue how he would fund it. 

Upon arrival to American he was told to apply for a Point scholarship and the rest was history.

“It ended up being the one thing that kept me going otherwise I would have dropped out,” he said. “Point was incredibly instrumental in my journey to becoming an academic and a professor.”

More than a decade later, Gill serves on the host committee for Taste of Point and is a mentor to young Point scholars. He said that he donates money yearly to Point and that when he is asked what he wants for a gift he will often tell his friends to donate too.

To attend the event on Wednesday, May 2, purchase tickets at the Point website. If you can’t attend this year’s Taste of Point DC event but would like to get involved, you can also donate online. 

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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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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