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Inter-American court rules Honduras responsible for transgender woman’s murder

Vicky Hernández killed after 2009 coup

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Vicky Hernández (Photo courtesy of Cattrachas)

Reportar Sin Miedo is the Washington Blade’s media partner in Honduras. Reportar Sin Miedo published an original version of this article on their website on Monday.

TEGUCIGALPA, Honduras — In an unprecedented decision in the history of Honduras, the Honduran state was found guilty today of the extrajudicial execution of transgender activist Vicky Hernández, which occurred on the night of June 28-29, 2009.

The crime occurred during a curfew after the coup that overthrew former President Manuel Zelaya to install Roberto Micheletti’s de facto government.

The Inter-American Court of Human Rights’ ruling against the Honduran state is a milestone in the history of justice in the country and for LGBTIQ+ populations in Latin America.

This ruling, unprecedented in Honduran history, came after 12 years of struggle by Hernández’s family and a team of professionals led by Red Lésbica Cattrachas, Robert F. Kennedy Human Rights and other Honduran organizations.

The ruling against the Honduran state, and in favor of Vicky’s family, is an extraordinary event that will result in more protection for all trans, lesbian, gay and bisexual people in Honduras. It is also a precedent for any LGBTIQ+ person violated in Latin America due to discrimination.

Twelve years of fighting for Vicky

The court’s decision against the state of Honduras is the culmination of 12 years of work by a team of lawyers and Hernández’s family. The trans activist was 26-years-old when she was murdered by state security forces, according to her lawyers’ arguments.

The defense work culminated in two virtual hearings before the court in November 2020 in which experts and witnesses from Honduras and the rest of the Americas participated.

Hernández’s lawyers throughout the hearings argued that the Honduran state security forces were responsible for her death, since they were the only ones who could move freely through the streets of San Pedro Sula during the post-coup curfew.

The defense also argued that the State did not perform an autopsy on the corpse or hid it with the excuse that Hernández suffered from HIV/AIDS.

For Cattrachas Coordinator Indyra Mendoza, the important thing is to get “the court to rule on the extrajudicial execution and to investigate the chain of command. Why? Because this makes us equal in the Honduran collective imaginary.”

Justice for all

With today’s guilty verdict against the state of Honduras, justice has been achieved not only for Vicky’s death, because 14 trans women, 16 gay men and many more people were murdered during the coup, according to Mendoza.

This unprecedented sentence means more than justice in Vicky’s case.

“This is the opening for them to see that no struggle is exclusive to one group of people,” Mendoza adds. “If the amnesty given in the coup d’état is eliminated, it would be a great LGTBI contribution to this country where the human rights of journalists, lawyers, defenders of indigenous territories, Garifunas and villagers are violated.”

Vicky Hernández’s mother with her other daughter, Tatiana. (Photo courtesy of Reportar Sin Miedo)

It is a huge win for Vicky’s mother, Rosa Hernández, who has been demanding “justice for all” for 11 years.

“They have to respect the rights of them for being trans and of them for being lesbians, because they are human. Why discriminate against them? There can’t be discrimination,” adds Rosa, who is 66-years-old.

This brave woman has been at the forefront of the struggle to vindicate the memory of trans women from San Pedro Sula, in northern Honduras, for the past 11 years. With this ruling, her dream of justice is fulfilled.

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Cuba

Trans parent charged with kidnapping, allegedly fled to Cuba with child

Cuban authorities helped locate Rose Inessa-Ethington

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. Cuban authorities helped locate a transgender woman who U.S. authorities fled to the island with her 10-year-old child who she allegedly kidnapped. (Washington Blade photo by Michael K. Lavers)

Federal authorities have charged a transgender woman with kidnapping after she allegedly fled to Cuba with her 10-year-old child.

An affidavit that Federal Bureau of Investigation Special Agent Jennifer Waterfield filed in U.S. District Court for the District of Utah on April 16 notes the child is a “biological male who identifies as a female” and “splits time living with divorced parents who share custody” in Cache County, Utah.

Waterfield notes the child on March 28 “was supposed to be traveling by car to” Calgary, Alberta, “for a planned camping trip with his transgender mother, Rose Inessa-Ethington, Rose’s partner, Blue Inessa-Ethington, and Blue’s 3-year-old child.”

The affidavit notes the group instead flew from Vancouver, British Columbia, to Mexico City on March 29. Waterfield writes the Inessa-Ethingtons and the two children then flew from Mérida, Mexico, to Havana on April 1.

The 10-year-old child called her biological mother on March 28 after they arrived in Canada. The custody agreement, according to the affidavit, required Rose Inessa-Ethington to return the child to her former spouse on April 3.

“Interviews of MV [Minor Victim] 1’s family members provided significant concerns for MV 1’s well-being, as MV 1 was born a male, however, identifies as a female child, which is largely believed to be due to manipulation by Rose Inessa-Ethington,” reads the affidavit. “Concerns exist that MV 1 was transported to Cuba for gender reassignment surgery prior to puberty.”

The affidavit indicates authorities found a note in the Inessa-Ethingtons’ home with “instruction from a mental health therapist located in Washington, D.C., including instruction to send the therapist the $10,000.00 and instructions on gender-affirming medical care for children.”

The affidavit does not identify the specific “mental health therapist” in D.C.

A Utah judge on April 13 ordered Rose Inessa-Ethington to “immediately” return the child to her former spouse. The former spouse also received sole custody.

“Your affiant believes that due to the extensive planning and preparation exhibited by both Rose Inessa-Ethington and Blue Inessa-Ethington to isolate MV 1 and take MV 1 to Havana, Cuba, without notifying or requesting permission from MV 1’s mother indicates they are likely not planning to return to the United States,” wrote Waterfield.

The affidavit notes Cuban authorities found the Inessa-Ethingtons and the child.

A press release the U.S. Attorney’s Office for the District of Utah issued notes the Inessa-Ethingtons “were deported from Cuba” on Monday “with the assistance of the FBI.”

The couple has been charged with International Parental Kidnapping. The Inessa-Ethingtons were arraigned in Richmond, Va., on Monday. The press release notes a federal court in Salt Lake City will soon handle the case.

The New York Times reported the child is now back with their biological mother.

“We are grateful to law enforcement for working swiftly to return the child to the biological mother,” said First Assistant U.S. Attorney Melissa Holyoak of the District of Utah in the press release.

The case is unfolding against the backdrop of increased tensions between Washington and Havana after U.S. forces on Jan. 3 seized now former Venezuelan President Nicolás Maduro and his wife, Cilia Flores.

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. A second White House directive banned federally-funded gender-affirming care for anyone under 19.

The U.S. Supreme Court last year in the Skrmetti decision upheld a Tennessee law that bans gender-affirming care for minors.

Cuba’s national health care system has offered free sex-reassignment surgeries since 2008.

Activists who are critical of Mariela Castro, the daughter of former President Raúl Castro who spearheads LGBTQ issues as director of Cuba’s National Center for Sexual Education, have previously told the Washington Blade that access to these procedures is limited. The Blade on Wednesday asked a contact in Havana to clarify whether Cuban law currently allows minors to undergo sex-reassignment surgery.

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Australia

Australia lifts additional restrictions on LGBTQ blood donors

Gay, bisexual men, trans people in long-term monogamous relationships can now donate

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(Photo by Belish via Bigstock)

The Australian Red Cross Blood Service (Lifeblood) has lifted additional restrictions on LGBTQ people who want to donate blood.

The Star-Observer, an Australian LGBTQ newspaper, reported new Lifeblood rules that took effect on Monday will allow “gay and bisexual men and transgender people in long-term monogamous relationships to donate blood and platelets for the first time.”

The new policy defines “long-term monogamous relationships” as those that are at least six months.

All potential donors — regardless of their sexual orientation or gender identity — will answer the same questions about recent sexual activity.

“Previous donor rules prevented many people from the LGBTQIA+ community from donating blood or platelets if they’d had sex within the past three months,” said Lifeblood CEO Stephen Cornelissen in a press release that announced the new policy. “These latest changes mean many gay and bisexual men and transgender people in long-term, monogamous relationships will become eligible to donate blood or platelets for the first time.”

Lifeblood in 2025 ended its blanket ban on sexually active LGBTQ people from donating blood.

Rodney Croome, an Australian LGBTQ activist who is the spokesperson for Let Us Give, a campaign that has championed the changes, donated blood on Monday.

“After three decades of advocacy, and for the first time in my life, I was able to donate blood today,” said Croome in a Facebook post that showed him donating blood. “From today, gay men, and bisexual men and transgender women who have sex with men, are able to give blood without the traditional three month abstinence period. All donors are now asked the same questions about sex regardless of the gender of our sexual partners.”

Croome in the post said “there are still problems with the new donor regime,” but said Let Us Give will continue to work with Lifeblood.

“Those who may have not been monogamous in the recent past should not be subject to a six month wait time,” he wrote. “Three months is considered more than enough in the UK, US and Canada. It should be here too. People on PrEP and trans people also face continued barriers. Let Us Give will continue to work towards greater equity in donation.”

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European Union

Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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