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Australia high court strikes down same-sex marriage law

27 gay couples tied the knot in capital territory over last five days

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Gay News, Washington Blade, Australia

Gay News, Washington Blade, Australia

Lawmakers in the Australian capital in October approved a same-sex marriage bill.

Australia’s highest court on Thursday struck down the Australian Capital Territory’s same-sex marriage law.

The Australia High Court unanimously ruled the statute that ACT lawmakers narrowly approved nearly two months ago cannot remain in effect alongside a federal law that defines marriage as between a man and a woman.

“Only a marriage conforming to that definition may be formed or recognized in Australia,” the decision reads. “The provisions of the ACT Act which deal with the rights of parties to marriages formed under that Act and with the dissolution of such marriages can have no valid operation.”

The Star Observer, an Australian LGBT newspaper, reported 27 gay and lesbian couples married in the ACT in which the country’s capital of Canberra is located since the same-sex marriage law took effect on Dec. 7. The Australia High Court decision nullifies these unions.

Ivan Hinton of Australian Marriage Equality married his partner, Chris Teoh, on Dec. 7.

The Associated Press reported the couple on Wednesday applied to change their last names to Hinton-Teoh once they received their marriage certificate.

“It is personally devastating that my marriage to Chris has only enjoyed legal significance for five days,” Hinton told the Washington Blade. “But our commitment to one another is lifelong and our resolve to achieving marriage equality for all Australians is only more resolute.”

Australian Marriage Equality National Director Rodney Croome further categorized the ruling as “just a temporary defeat.”

The decision said only the federal government can decide whether to extend marriage rights to same-sex couples.

The Star Observer reported a group of Australian senators on Wednesday pledged to form what the newspaper described as a “working group” to push the issue of nuptials for gays and lesbians in the country’s Parliament. Prime Minister Tony Abbott opposes marriage rights for same-sex couples, even though his sister is a lesbian and his wife and daughters back the issue.

“We now have a clear political and constitutional path forward for marriage equality, and call on the prime minister to grant his party a free vote on the reform,” said Croome.

Amy Coopes, an Australia-based correspondent for Agence France-Presse, told the Blade that advocates remain optimistic about the prospects of marriage rights for same-sex couples in the country in spite of their obvious disappointment with the ruling.

“It ruled that the Parliament does have the power to change the Marriage Act and that gay marriage is, in effect, legal if they want it to be,” said Coopes. “Seems to be common sense, but this is the first time it’s been stated.”

Miles Heffernan, who is the features editor for the Star Observer, noted to the Blade during a telephone interview from Sydney the decision in fact opens the door to adding same-sex couples to the federal marriage law.

“So they were part very conservative, part a little bit activist,” said Heffernan.

New Zealand is among the 15 countries in which gays and lesbians can legally marry.

Same-sex couples will be able to legally marry in England and Wales on March 29. The Irish government last month announced a referendum on whether to extend marriage rights to gays and lesbians will take place in 2015.

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Florida

Fla. House passes ‘Anti-Diversity’ bill

Measure could open door to overturning local LGBTQ rights protections

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(Photo by Catella via Bigstock)

The Florida House of Representatives on March 10 voted 77-37 to approve an “Anti-Diversity in Local Government” bill that opponents have called an extreme and sweeping measure that, among other things, could overturn local LGBTQ rights protections.

The House vote came six days after the Florida Senate voted 25-11 to pass the same bill, opening the way to send it to Republican Gov. Ron DeSantis, who supports the bill and has said he would sign it into law.

Equality Florida, a statewide LGBTQ advocacy organization that opposed the legislation, issued a statement saying the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

The statement added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

“Written in broad and ambiguous language, the bill is the most extreme of its kind in the country, creating confusion and fear for local governments that recognize LGBTQ residents and other communities that contribute to strength and vibrancy of Florida cities,” the group said in a separate statement released on March 10.

The Miami Herald reports that state Sen. Clay Yarborough (R-Jacksonville), the lead sponsor of the bill in the Senate, said he added language to the bill that would allow the city of Orlando to continue to support the Pulse nightclub memorial, a site honoring 49 mostly LGBTQ people killed in the 2016 mass shooting at the LGBTQ nightclub.

But the Equality Florida statement expresses concern that the bill can be used to target LGBTQ programs and protections.

“Debate over the bill made expressly clear that LGBTQ people were a central target of the legislation,” the group’s statement says. “The public record, the bill sponsors’ own statements, and hours of legislative debate revealed the animus driving the effort to pressure local governments into pulling back from recognizing or resourcing programs targeting LGBTQ residents and other historically marginalized communities,” the statement says.

But the statement also notes that following outspoken requests by local officials, sponsors of the bill agreed to several amendments “ensuring local governments can continue to permit Pride festivals, even while navigating new restrictions on supporting or promoting them.”     

The statement adds, “Florida’s LGBTQ community knows all too well how to fight back against unjust laws. Just as we did, following the passage of Florida’s notorious ‘Don’t Say Gay or Trans’ law, we will fight every step of the way to limit the impact of this legislation, including in the courts.”

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Ukraine

Ukrainian Supreme Court recognizes same-sex couple as a family

Zoryan Kis and Tymur Levchuk married in US in 2021

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A Pride commemoration in Kharkiv, Ukraine, on Sept. 25, 2022. The Ukrainian Supreme Court has recognized a same-sex couple as a family. (Photo courtesy of Sphere Women's Association)

The Ukrainian Supreme Court has recognized a same-sex couple as a family.

The couple — Zoryan Kis and Tymur Levchuk — have lived together since 2013. They legally married in the U.S. in 2021.

The Kyiv Independent notes the couple challenged the Ukrainian Foreign Ministry’s refusal to acknowledge Levchuk as Kis’s family member, therefore denying him spousal rights while Kis was posted at the Ukrainian Embassy in Israel. Kis and Levchuk challenged the decision in court in 2024.

Kyiv’s Desniansky District Court last year in a landmark ruling recognized Kis and Levchuk as a family. Vsi Razom, an anti-LGBTQ organization, appealed the decision.

Insight, the Ukrainian LGBTQ rights group that represented Kis and Levchuk, said the Supreme Court upheld the lower court’s ruling on Feb. 25.

“The Supreme Court of Ukraine has upheld the legality of recognizing a same-sex couple as a family based on their factual relationship, despite the absence of legal recognition of same-sex partnerships in Ukrainian legislation,” Insight Chair Olena Shevchenko noted to the Washington Blade on Tuesday. “The court confirmed the decision, establishing the fact that (the) two men had lived together as a family, affirming that such recognition can be based on proven circumstances of their shared life rather than on political decisions or the existence of formal partnership laws.”

Insight in a Facebook post added the Supreme Court ruling sets “a tremendous precedent.”

“No homophobic or conservative organization will be able to use the courts as a tool to persecute or overturn decisions in favor of LGBT+ people under the guise of ‘social morality,’” said Insight. “The state has protected the boundaries of private life.”

The Supreme Court issued its ruling a day after Ukraine marked four years since Russia began its war against the country.

The Ukrainian constitution defines marriage as between a man and a woman.

President Volodymyr Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples. Shevchenko pointed out Ukrainian law “currently does not provide a mechanism for registering same-sex marriages or partnerships.”

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Maryland

Md. Legislative LGBTQ+ Caucus outlines 2026 priorities

Expanded PrEP access among objectives

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State Del. Ashanti Martinez (D-Prince George's County) has introduced a bill that would expand PrEP access in Maryland. (Washington Blade photo by Michael Key)

Maryland’s Legislative LGBTQ+ Caucus outlined legislative priorities for the remainder of the General Assembly’s 2026 term during a press conference on March 5.

State Del. Kris Fair (D-Fredrick County) led the press conference. State Del. Ashanti Martinez (D-Prince George’s County) and other caucus members also spoke.

Caucus members are sponsoring 12 bills and supporting four others.

Martinez is sponsoring House Bill 1114, which would expand PrEP access in Maryland.

“PrEP is 99 percent effective in preventing HIV transmission,” he explained, noting PrEP’s cost often turns away potential users. 

The bill aims to extend insurance coverage and expand pharmacists’ ability to prescribe PrEP along with other HIV treatments and testing. Martinez is working with state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and FreeState Justice on the bill. 

The House Health Committee had a hearing last week that included HB1114. 

“Ending the HIV epidemic is about expanding access and providing these life-saving tools to all persons in Maryland,” Martinez said. 

Several other pieces of legislation were highlighted during the press conferences. They included measures focused on youth and education, birth certificate markers, so-called conversion therapy, and hormone medications. 

State Sen. Cheryl Kagan (D-Montgomery County) is cosponsoring Senate Bill 950, which would update and strengthen conversion therapy laws. State Del. Bonnie Cullison (D-Montgomery County) has introduced an identical bill that would extend the statute of limitations on individuals who facilitate conversion therapy.

Kagan explained the bill would allow conversion therapy victims to come to terms with their experience undergoing the widely discredited practice that “creates shame and it silences survivors.” 

When questioned, Fair explained the press conference happened late into the legislative session because “we [the caucus] are constantly having to respond in real time to what’s happening in Washington” while drafting and considering pieces of legislation. 

The Frederick County Democrat described this session’s bills as the “most ambitious list of priorities to date.” Fair also described the caucus’s goals.

“It’s decency, it’s dignity, and its humanity,” he said.

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