News
Indiana won’t see anti-gay amendment on 2014 ballot
Senate considers no amendments to House-passed version of bill
The Indiana Senate adjourned on Thursday without considering any amendments on a proposed measure that would ban same-sex marriage in the state — a development LGBT advocates say is positive because it means the measure won’t come before voters in 2014.
Without any discussion, the Senate went through second reading of the measure banning same-sex marriage in Indiana, which had already passed the state House of Representatives. No one during that time offered any amendments to the measure.
Prior to Senate consideration, the House amended the proposed legislation before passing it, removing a sentence that banned civil unions and a potential block of workplace benefits to same-sex couples. The second reading offered the Senate an opportunity to restore that language.
Because no amendments were offered, LGBT advocates are claiming victory, saying the measure won’t come before voters this fall.
Freedom Indiana campaign manager Megan Robertson said in a statement the development on Thursday was “a huge victory.”
“Six months ago, if you’d said lawmakers would refuse to put this issue on the ballot in 2014 by stripping out the deeply flawed second sentence, I’d have said there’s no way,” Robertson said. “What happened today at the Statehouse is a testament to the tens of thousands of Hoosiers who have shared their stories with lawmakers and with the public to show the harm this amendment would do to their families and our state. It’s clear that lawmakers listened.”
Evan Wolfson, founder and president of Freedom to Marry, echoed the sense that the developments on Thursday were cause for celebration.
“Today’s action is a welcome step back from the brink, ensuring that Indiana’s families will not be subjected to a harsh campaign that would add cruel and unconstitutional language to Indiana’s state constitution this November,” Wolfson said. “This reflects the growing momentum for the freedom to marry the person you love, and a repudiation of the effort to strip gay Hoosiers and their families of legal protections and respect.”
For a state constitutional amendment to appear before Indiana voters at the ballot, lawmakers must first approve it in two consecutive legislative sessions — with the exact same language. The Indiana Legislature had already approved the language with the original language in 2011. Different language means it won’t appear on the 2014 ballot. The legislature will have to approve it again with that language next session for it to appear on the 2016 ballot.
Marriage equality is already illegal in Indiana by statute, but the proposed amendment, HJR-3, would make the ban part of the state constitution.
A number of prominent organizations within Indiana were against the amendment, including the Indiana Chamber of Commerce and the Indianapolis-based National Collegiate Athletic Association. Mary Cheney, the lesbian daughter of former Vice President Dick Cheney, voiced opposition to the measure at a Freedom Indiana fundraiser in December shortly after her sister, Liz Cheney, stated opposition to same-sex marriage as a U.S. Senate candidate.
District of Columbia
Bowser appoints first nonbinary person to Cabinet-level position
Peter Stephan named Office of Disability Rights interim director
D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.
The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.
“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.
The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.
The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.
Stephan couldn’t immediately be reached for comment.
“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.
“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel.
Bulgaria
Top EU court issues landmark transgender rights ruling
Member states must allow name, gender changes on ID documents
The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.
The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.
“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.
A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.
“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.”
Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.
“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.”
“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.
Senegal
Senegalese lawmakers approve bill to further criminalize homosexuality
A dozen men arrested in February for ‘unnatural acts’
Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.
The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.
The bill passed with near unanimous support. Only three of 135 MPs abstained.
President Bassirou Diomaye Faye is expected to sign the measure.
The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.
Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”
Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”
“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.
Türk also urged Faye not to sign the bill.
“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk.
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