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Luxembourg lawmakers approve same-sex marriage, adoption bill

Measure passed by 56-4 vote margin

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gay marriage, marriage lawsuit, gay marriage, marriage equality, gay news, Washington Blade

Xavier Bettel, Luxembourg, Democratic Party, gay news, Washington Blade

Luxembourg Prime Minister Xavier Bettel said after he took office that he expected his country to extend marriage rights to same-sex couples this year. (Photo by Julien Becker; courtesy Wikimedia Commons)

Luxembourg lawmakers on Wednesday overwhelmingly approved a bill that would extend marriage and adoption rights to same-sex couples.

Parliamentarians in the small, landlocked European country nestled between Germany, France and Belgium backed the measure by a 56-4 vote margin.

“They should have the same rights as heterosexuals,” Parliamentarian Viviane Loschetter told L’essentiel, a Luxembourgish newspaper, after the vote.

The vote caps off a five year effort to extend marriage rights to same-sex couples in the country.

Gay Prime Minister Xavier Bettel, who took office late last year, had previously said his country would extend marriage rights to same-sex couples this year.

Luxembourg’s main political parties support the issue.

Parliamentarian Roy Reding, secretary general of the conservative Alternative Democratic Reform Party, criticized the vote.

“The most important institution of our society, marriage, is ruined,” he told L’essential.

France, Belgium, the Netherlands, Denmark, Sweden, Norway, England, Wales, Spain, Portugal and Iceland are among the countries in which gays and lesbians can legally marry.

Scotland’s same-sex marriage law is slated to take effect later this year.

A referendum on whether to extend marriage rights to same-sex couples in Ireland is scheduled to take place in 2015.

The Maltese Parliament in April approved a bill that would allow same-sex couples to enter into civil unions and jointly adopt children.

Slovak lawmakers earlier this month amended their country’s constitution to define marriage as between a man and a woman. Hungary, Croatia and Latvia are among the other European countries that also prohibit gay nuptials.

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U.S. Federal Courts

N.Y. AG joins multi-state brief in Colo. anti-trans discrimination case

Letitia James and 18 other attorneys general support plaintiff

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trans health care, gay news, Washington Blade
New York Attorney General Letitia James (Photo public domain)

New York Attorney General Letitia James on Wednesday joined a brief by 18 other Democratic state attorneys general urging the Colorado Supreme Court to uphold a lower court ruling against Masterpiece Cakeshop for anti-trans discrimination.

A customer, Autumn Scardina, sued the business over claims that it refused to provide her a cake upon learning that it was for a celebration of her transition. The case is not the first in which owner Jack Smith has faced claims of anti-LGBTQ discrimination.

In 2012, Masterpiece Cakeshop refused to fulfill an order for a wedding cake for a same-sex couple, which led to the 2018 U.S. Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission — and a narrow ruling that did not address core legal questions weighing the constitutionality of First Amendment claims vis-a-vis the government’s enforcement of LGBTQ-inclusive nondiscrimination laws.

“Denying service to someone simply because of who they are is illegal discrimination, plain and simple,” James said in a press release. “Allowing this kind of behavior would undermine our nation’s fundamental values of freedom and equality and set a dangerous precedent.”

She added, “I am proud to stand with my fellow attorneys general against this blatant transphobic discrimination.”

The Colorado Court of Appeals ruled in favor of Scardina, noting that Smith objected to fulfilling her cake order only after learning about her intended use for it “and that Phillips did not believe the cake itself expressed any inherent message.”

The fact pattern in both cases against Masterpiece Cakeshop resembles that of another case that originated in Colorado and was ultimately decided by the Supreme Court last year, 303 Creative LLC v. Elenis.

This time, the justices did not sidestep the question of whether the state’s anti-discrimination law can be enforced against a business owner, Lorie Smith, a website designer who claimed religious protections for her refusal to provide services to a same-sex couple for their nuptials.

The court’s conservative supermajority ruled in favor of Smith, which was widely seen as a blow to LGBTQ rights.

Joining James in her brief are the attorneys general of Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and D.C.

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U.S. Federal Courts

Fla. man found guilty of threatening George Santos

Gay former NY congressman expelled in December

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Former U.S. Rep. George Santos (R-N.Y.) (Washington Blade photo by Christopher Kane)

On Feb. 22, following a two-day trial, a federal jury in Ft. Lauderdale convicted a man for calling the office of former U.S. Rep. George Santos (R-N.Y.) in D.C. and threatening to kill the member of Congress and another person. 

On Jan. 29, 2023, Frank Stanzione, 53, of Boynton Beach, Fla., made a telephone call from his residence in Boynton Beach to the office of a member of the U.S. House of Representatives. Stanzione left a voice message for the member that stated the following:

“[Victim 1 former Rep. Santos] you fat fucking piece of shit fucker. You better watch your mother fucking back because I’m gonna bash your mother fucking fucker head in with a bat until your brains are splattered across the fucking wall. You lying, disgusting, disgraceful, mother fucking fucker. You mother fucking piece of shit. You’re gonna get fucking murdered you goddamn lying piece of garbage. Watch your back you fat, ugly, piece of shit. You and [Victim 2 Redacted] are dead.”

The congressman’s chief of staff reported the message to the U.S. Capitol Police the next morning. The USCP began investigating the voice message as a threat and determined that it was made from a telephone number assigned to Stanzione. 

On Jan. 31, 2023, USCP special agents went to the address associated with the telephone number and interviewed Stanzione. USCP confirmed that Stanzione had left the voice message for the congressman. Stanzione found the telephone number on an online search engine. 

In a motion to dismiss, lawyers for Stanzione noted in the interview he told federal agents that “he feels offended by Santos and does not want him in his (gay) community.” He said he left the message to make Santos “feel like a piece of shit.”

The court filing described Stanzione as “a long-standing, active advocate for gay rights.”

In the motion to dismiss, Stanzione claimed his prosecution was “retaliatory and vindictive” and “based upon his exercise of political speech related to gay rights.”

“Others who have allegedly committed similar acts,” his attorneys stated in the motion, “have not been prosecuted.” 

U.S. Attorney Markenzy Lapointe for the Southern District of Florida and USCP Chief J. Thomas Manger announced the guilty verdict. The USCP – Threat Assessment Section investigated the case. 

Stanzione will be sentenced in May and faces penalties including up to five years in federal prison, a fine of up to $250,000, or both.

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India

Indian government announces equal opportunity policy for transgender people

Privacy among regulation’s key tenants

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(Photo by Rahul Sapra via Bigstock)

The Indian government has announced a first of its kind equal opportunity policy for transgender people.

The policy will prohibit the disclosure of a trans person’s gender identity without their consent as the Transgender Persons (Protection of Rights) Rules 2020 requires. The Social Justice and Empowerment Ministry says the Equal Opportunity Policy for Transgender Persons will encourage the fair treatment of trans people and create workplaces free from discrimination, harassment and bias. 

The policy seeks to ensure a trans employee’s the right to choose a pronoun, gender and a chosen name — every business, non-governmental organization and other employers in India will be required address the trans individual with the chosen names in all workplace communications. The Indian government, led by Prime Minister Narendra Modi, has circulated the notice to all the states and chief secretaries and asked them to ensure the swift implementation of the policy.

The notified policy highlights the importance of maintaining confidentiality of gender identity. 

“Information related to gender identity will be treated with utmost confidentiality,” it reads. “Employees are expected to respect the privacy of their colleagues and refrain from disclosing any such information without explicit consent.”

The policy also states a business’ HR department will launch an inquiry that could lead to sanctions if the policy is violated. The policy also prohibits bullying against trans people in the workplace.

“Harassment or bullying based on gender identity is strictly prohibited,” it reads. “Any reported incident will be promptly and thoroughly investigated, and appropriate corrective actions will be taken.”

Every organization will have a grievance redress system in order to address policy violations. Workplaces will also be required to have infrastructure facilities for trans employees — unisex bathrooms and amenities that include hygiene products, for example — for trans people to effectively discharge their duties.

Sudhanshu Latad, an advocacy manager at Humsafar Trust, an organization that promotes LGBTQ rights in India, told the Washington Blade he supports the initiative, while adding a person’s identity does play a role in their experiences.

“The care and support, let’s say in this case a trans person requires will be very different than support a cis woman will require,” said Latad. “They need different short of bases to be covered to be able to perform to the same expectations that a cis man like me would require to perform in a situation or a role.” 

“It is important to give everyone an equitable platform, this is a welcome step because it discloses that the government is keen on working with various communities,” he added. “This formal acknowledgement or expression of interest in including gender minorities at workplace by the central government is a welcome move.”

Latad nevertheless told the Blade the policy alone “would not be enough” to address discrimination based on gender identity.

“There needs to be enough focus dissemination of this policy within the existing workforce,” he said. “Until and unless a senior manager from the government understands the use and need of pronouns in the communities … the implementation of this amazing policy will not happen on the ground.”

Latad told the Blade that sensitization, roundtables and equal dialogue will help unlearn and then learn which is the way forward for providing equal rights to the community. He said the use of chosen pronouns does seem like a small effort, but it does take a lot of effort and it is important. Latad added everyone, not just employers, needs to be taught equality.

Doctor Yoga S. Nambiar, founder and director of Global Rights Foundation and the first trans person in India to hold a PhD in mental health, said the new policy is good. They noted the government has announced many policies since the Supreme Court issued its National Legal Services Authority (NALSA) vs. the Union of India ruling, but they’re only on paper.

“Till the time the government does not take the initiative to take care of the policies, nothing is going to work,” said Yoga. “Government promised housing for trans people, government promised transgender cell in police stations, nothing has came in force as of now. So, if things workout, it’s good, if not, we are struggling anyways. We are fighting for our rights.”

The Supreme Court in the NALSA case in 2014 ruled in favor of the trans community, saying state and central governments must fully recognize trans people under the law in order for them to receive an education and health care without discrimination. The Supreme Court also said trans people will be considered a “third gender.”

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion. 

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