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Legisladores costarricenses ordenados a legislar sobre matrimonio igualitario

La Asamblea Nacional tiene un plazo de 18 meses

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La Corte Suprema de Costa Rica el 14 de noviembre de 2018 publicó formalmente su sentencia en favor del matrimonio igualitario. (Foto de Washington Blade por Michael K. Lavers)

La Corte Suprema de Costa Rica el miércoles publicó formalmente su sentencia que dice miembros de la Asamblea Nacional tiene 18 meses para extender los derechos matrimoniales a las parejas del mismo sexo.

“Acciones de discriminación abiertas, expresas o implícitas, no pueden tener ningún tipo de justificación en una sociedad democrática respetuosa de los derechos fundamentales,” dice la sentencia.

La Corte Interamericana de Derechos Humanos, que tiene su sede en la capital costarricense de San José, en enero emitió una sentencia histórica que reconoció el matrimonio igualitario y los derechos de las personas trans.

La entonces vicepresidenta costarricense Ana Helena Chacón anunció que su gobierno cumpliría con la sentencia. Carlos Alvarado, que fue elegido presidente de Costa Rica en abril, apoya públicamente los derechos matrimoniales para las parejas del mismo sexo.

La Corte Suprema en agosto declaró inconstitucional una ley que prohíbe el matrimonio entre las parejas del mismo sexo en el país. El plazo para que los legisladores actúen sobre el tema no había sido establecido porque la sentencia no había sido emitido.

La prensa costarricense indica que la sentencia entrará en vigor en 2020 si los legisladores no actúan.

“Estamos analizando en detalle los cientos de páginas que componen la sentencia,” Margarita Salas, una activista LGBTI costarricense que era candidata para la Asamblea Nacional, dijo al Washington Blade el miércoles. “Esto es un paso fundamental para continuar el avance por los derechos humanos de las personas LGBTI en Costa Rica.”

Costa Rica esté a punto de convertirse en el primer país en Centroamérica en extender los derechos matrimoniales a las parejas del mismo sexo. Actitudes homofóbicas; transfóbicas y bifóbicas siguen siendo comunes en Costa Rica, incluso a través de zonas turísticas gay friendly por todo el país. La Corte Suprema publicó formalmente su sentencia con el contexto de la indignación del asesinato de Stephanie Paula Castro Mora, que fue descuartizada en Escazú la semana pasada.

Un periódico costarricense describió a Castro como “homosexual.”

“Es fundamental continuar con la transformación social necesaria para erradicar la violencia y discriminación por orientación sexual e identidad de género,” Salas dijo al Blade.

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District of Columbia

Cherry Fund files lawsuit  against Republiq Hall

LGBTQ nonprofit says breach of contract led to $137,000 in lost revenue

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Cherry Fund claims Republiq Hall canceled a contract for one of its popular events. (Washington Blade file photo by Michael Key)

Cherry Fund, the D.C.-based nonprofit organization that has raised money for HIV/AIDS, mental health, and LGBTQ organizations for the past 27 years, filed a lawsuit in D.C. Superior Court on May 31 charging Republiq Hall, a large entertainment venue in Northeast D.C, with abruptly and improperly cancelling Cherry Fund’s reservation to rent the hall for an April 6 event expected to draw 2,000 paid guests.

The event was to be one of several circuit dance parties that Cherry Fund produces as part of its annual Cherry weekend in April, which has raised several million dollars for LGBTQ related organizations since the Cherry weekend  events began in 1996.  

The lawsuit, which charges Republiq Hall with breach of contract, says the contract signed by the two parties in January called for Cherry Fund to pay Republiq Hall an initial deposit of $3,500 on Jan. 10, 2024, to be applied to a nonrefundable rental fee totaling $7,000 for the one-time use of the space on April 6.

Republiq Hall is located in a large former warehouse building at 2122 24th Place, N.E., near the intersection of Bladensburg Road and New York Avenue. 

According to the lawsuit, under the contract, Cherry Fund “was responsible for promoting the event, booking talent, and managing ticket sales,” with Cherry Fund to “retain all door fee revenues and a percentage of the net bar sales.”

The lawsuit states, “On February 28, after Plaintiff had already begun promoting the event and booking talent, the Defendant unilaterally and without just cause demanded an additional $9,000 from the Plaintiff. When the Plaintiff refused to pay the additional amount, the Defendant cancelled the reservation.”

 As a result of Republiq Hall’s action, the lawsuit states, Cherry Fund was “forced to book an alternative venue with significantly less capacity, resulting in substantial financial losses.” 

It says as a direct result of the alleged breach of contract, Cherry Fund “suffered financial damages in the amount of $130,000 in lost door fees and $7,000 in a lost percentage of the net bar sales that were estimated to be collected on the date of the event.”

A spokesperson for Republiq Hall did not respond to a phone message from the Washington Blade requesting a comment and a response to the lawsuit’s allegations.

Court records show that Superior Court Judge Juliet J. McKenna, who is presiding over the case, scheduled an initial hearing for the case on Sept. 6. McKenna issued an order providing guidance for how a civil litigation case should proceed that includes a requirement that Republiq Hall must file a response to the lawsuit within 21 days of being officially served a copy of the lawsuit complaint.

Sean Morris, the Cherry Fund president, issued a statement expressing disappointment over the developments leading to the lawsuit.

“Our organization, powered by volunteer efforts, relies on our annual event to fundraise for local non-profits,” he said. “This abrupt and unforeseen demand, and subsequent cancellation, has severely affected our ability to support vital community programs focused on HIV/AIDS, mental health, and LGBTQ+ advocacy,” Morris says in his statement.

The lawsuit concludes by stating, “The Plaintiff, the Cherry Fund, respectfully requests the following relief: Direct compensatory damages for the lost benefits it was entitled to under the terms of the contract; Restitution for the benefits retained by the Defendant in unjust enrichment; Reasonable attorney fees and costs of this action; and Any other relief this court deems just and proper.”

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Maryland

Silver Spring Pride sign rebuilt in memory of beloved neighbor

GoFundMe campaign has raised more than $4,000

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Tony Brown's neighbors help repaint the Pride sign his late partner created in their Silver Spring, Md., neighborhood. (Photo courtesy of Molly Chehak)

Residents of Silver Spring’s Rosemary Hills neighborhood have come together to rebuild a Pride sign. 

The sign was constructed in June 2020, and was meant to stay in place throughout Pride Month. Neighborhood residents, however, requested it stay up past its intended month-long display, and has remained in place for more than four years. 

The sign spelling LOVE is at the neighborhood’s entrance between Sundale and Richmond Streets. It was made from plywood and the O was painted in the colors of the Pride flag.

“We wanted to take it down, but we just felt it was not ours anymore and belonged to the neighborhood.” Tony Brown told the Washington Blade during a telephone interview. “It was a positive thing for the neighborhood and began to take on a life of its own.” 

Brown and his partner, Mike Heffner, designed the sign and said the Black Lives Matter movement inspired them to create it as a strong symbol of an accepting community.

The sign was vandalized numerous times last fall, resulting in neighborhood residents taking turns repairing it. Brown and his partner could not do the repairs themselves because Heffner was fighting Stage 4 lung cancer.

Heffner passed away on Oct. 6, 2023.

A GoFundMe page was set up to help raise funds for the replacement Pride sign, and it has raised more than $4,000. The replacement sign is more permanent and made of metal.

“I can’t speak for the neighborhood overall, but people who knew Mike I think are happy that we were able to honor his memory with this sign because this sign is so him,” Molly Chebak, a friend who lives next door to Brown, told the Blade. “He (Heffner) was an outgoing super social (person) who just made you feel good the way this sign does. It’s a perfect tribute to him.” 

Chebak and other neighbors created the GoFundMe account.

Heffner’s family and his neighbors are still working to rebuild the Pride sign. It has become a memorial to Heffner.

“We wanted to do one that was clearly a Pride reference,” said Brown, noting the L is a fully painted Pride flag that spirals across the entire letter. 

“For the O we wanted to do something reminiscent of times in the past, a throwback to the 60’s and 70’s so it’s a hippie montage of flowers and butterflies,” he said. 

Brown described the V as being colorful, nonbinary people hugging each other with the idea that love is more than what one may see. 

“During COVID, he had started painting rocks and putting kind and fun messages on them leaving them around places as sort of a pay it forward Karma and so the E is basically that stylized writing and to embrace a bunch of ways we embrace love,” he said. 

The final letter had the phrase “love is love” written repeatedly in various handwritings to pay homage to Heffner and what he did for his neighborhood during the pandemic.  Brown’s four daughters — one of whom is a professional artist — and their friends designed it.

The landscape around the sign has also been transformed with rocks that honors Heffner’s love for Rosemary Hills and his passion for rocks.

Chebak also said Heffner always wanted a bench, and neighbors are looking to install one soon next to the Pride sign.

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Africa

What’s next for LGBTQ rights in South Africa after the country’s elections?

African National Congress lost parliamentary majority on May 29

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Pretoria and Cape Town are the first cities in Africa to install Pride crosswalks. Activists are wondering what the outcome of South Africa's May 29 elections will mean for LGBTQ rights. (Photo courtesy of Bruce Walker/Pretoria Pride)

More than 50 independent candidates and political parties participated in South Africa’s national and provincial elections that took place on May 29. The Electoral Commission of South Africa declared the results on June 2.

No independent candidate or political party managed to secure the outright parliamentary majority of more than 50 percent of the votes, which prompts the creation of a coalition government. None of the 18 political parties that managed to win at least one seat in the National Assembly wholly represented the LGBTQ community.

Although South Africa is the only African country that constitutionally recognizes the rights of the LGBTQ community, some of the political parties that managed to secure seats in the National Assembly had signaled they would reserve these gains.

Former President Jacob Zuma, who leads the uMkhonto weSizwe (MK) party, during a January debate said the thought of dating within the same gender was unpalatable and un-African. The MK is now the country’s third largest political party after it won 14.58 percent of the vote, making it a pivotal player in the formation of a coalition government.

Dawie Nel, the executive director of OUT LGBT Well-being, said undermining the constitution is “a dangerous, misguided, and populist strategy to avoid acknowledging the failures of governance and the lack of implementation of constitutional values that are meant to improve the lives of South Africans.”

“South Africa’s constitution is celebrated as one of the most significant achievements of our transition to democracy, ensuring that all citizens are treated with dignity and respect, and that their rights are protected in all aspects of life,” said Nell. 

There now seems to be an impasse on who becomes the government’s next leader because of some of the demands that political parties made before they entered into any negotiations.

Bruce Walker of Pretoria Pride said the best possible outcome for the preservation of LGBTQ rights in South Africa would be if the former governing political party, the African National Congress (ANC), which garnered the most support with 40.18 percent of the vote, partners with the Democratic Alliance (DA), which finished second with 21.81 percent of the votes, to form a coalition government.

“I think it will be a good outcome for the community if the DA has some power in a coalition government,” said Walker.

Rise Mzansi, which managed to secure 0.42 percent of the votes with two seats in the National Assembly, said it will continue protecting the rights of the LGBTQ community.

“Rise Mzansi reaffirms its commitment in protecting LGBTQ+ rights in South Africa, as outlined in Section 9 of our constitution,” said the party.

Zubenathi Daca, program coordinator for student employability and entrepreneurship development in Nelson Mandela University’s Department of Student Governance and Development said the fight for LGBTQ rights in South Africa will continue.

“The battle has not yet been won,” said Daca. “Queer people are still being killed and homophobic remarks are still being made towards us daily, and we need people who have found the confidence to voice out their dissatisfactions against how they are treated and also speak out for the voiceless.” 

“This society is ours just as it is everyone else’s,” added Daca. “We are in corporate spaces, leadership positions, and political spaces to show that we belong here, and that we are here to stay.” 

The constitution says National Assembly members should be sworn in within two weeks of the elections. They will then meet for the first time and elect a new speaker, deputy speaker and president.

Chief Justice Raymond Zondo who will preside over the entire process, on Monday said the National Assembly will meet for the first time since the elections on Friday.

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