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LGBTQ Cubans participate in July 11 protests

Community members took to the streets to demand their rights

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Adriana Díaz and Analía Escalona (Photo courtesy of Tremenda Nota)

Editor’s note: Tremenda Nota is the Washington Blade’s media partner in Cuba. The Blade published a Spanish version of this story on July 16.

HAVANA — Thousands of people took to the streets in Cuba on July 11 to demand, among other things, the government improve people’s quality of life and guarantee citizens’ rights.

The protests took place in cities throughout the country, but violence that had not been seen before broke out in some Havana neighborhoods. Protesters for the first time in Cuba with such magnitude overturned police cars, looted stores and threw stones at police officers.

Parts of the LGBTQ community joined the marches. They had particular reasons for protesting that were in addition to the protesters’ general demands.

“I came because I am tired of the repression that the police inflict upon trans people,” a transgender woman who was marching among thousands of people through Centro Havana told Tremenda Nota. “They don’t allow us to go out on the streets, they ask us for our ID cards, they take us in for prostitution.”

Adriana Díaz Martínez walked with other trans women. They chanted, along with the rest of the protesters, “freedom,” “Díaz-Canel must go” and “homeland and life.” This last slogan, one of the most popular in the protests, is the title of a song from artists Yotuel Romero, Descember Bueno, Maykel Osorbo, El Funky and Gente de Zona. It has in recent months become an anthem for those who oppose the government.

Analía Escalona, one of Adriana’s friends, cited the shortage of basic products as one of the reasons to protest.

“The first thing that has to be in a pharmacy is condoms in order to take care of yourself and not contract any sexually-transmitted infection, and there aren’t any,” said Analía.

Analía also mentioned police harassment of trans people as another reason to march.

“They bring us to police stations for no reason, they put us in ‘danger,’ families are working, bringing sacks to a prison without any need at the end,” she added.   

When speaking of “danger,” she referred to the “dangerous state” provision of Cuban law that allows authorities to impose punishments against anyone who has not yet committed a crime.

“We are mistreated by the same police. It is bullying and abuse. Enough already,” stressed Chanel, another trans woman who participated in the march.

“I have a degree. I have a masters degree in cosmetology. There is no need to detain us, to put us in ‘danger’ without reason,” said Analía. “We are all not prostituting ourselves, damn it! Homeland and life!”

“I come in solidarity with everyone else who is here, because of hunger, necessity,” said Adriana. “There are no medications, there is no food. There is no water. There is nothing. Houses in Havana are collapsing and they are building hotels!”

The economic crisis in Cuba, which the COVID-19 pandemic and U.S. sanctions worsened, became extreme in 2020. Official sources say the economy has contracted by 11 percent.

The economic collapse is even worse for trans people. It remains difficult for these women to finish their studies or get a formal job in Cuba.

“We need workplaces for trans people, where we can go dressed as a woman,” said Adriana.

The Labor Code currently bans discrimination based on sexual orientation, but it does not afford the same protection to those who are fired because of their gender identity.

Analía Escalona, center, Chanel, right, and Maykel González Vivero. (Photo courtesy of Tremenda Nota)

Tremenda Nota journalist Maykel González Vivero was detained during last Sunday’s protests and was transported to “El Vivac,” a provisional jail outside of Havana.

The reporter was held with two trans women. Both of them live in Arroyo Naranjo, a municipality in the outskirts of Havana, and participated in the protests in La Güinera, one of the city’s poorest neighborhoods. Official media described the protests that happened there were among the most violent.

González Vivero told Tremenda Nota that the police from the start treated the trans women as men by addressing them by their legal name.

Both of them told the journalist that courts had previously sanctioned them and Cuban prison regulations ignore their gender identity. They cited, for example, the masculine hair cut they forced them to get.

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Chile

Chilean presidential election outcome to determine future of LGBTQ rights in country

Far-right candidate José Antonio Kast favored to win Dec. 14 runoff.

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From left: José Antonio Kast and Jeannette Jara. The two candidates to succeed outgoing Chilean President Gabriel Boric will face off in a Dec. 14 runoff. (Screenshots from José Antonio Kast/YouTube and Meganoticias/YouTube)

The results of Chile’s presidential election will likely determine the future of LGBTQ rights in the country.

While Congresswoman Emilia Schneider, the first transgender woman elected to Congress, managed to retain her seat on Sunday, the runoff to determine who will succeed outgoing President Gabriel Boric will take place on Dec. 14 and will pit two diametrically opposed candidates against each other: the far-right José Antonio Kast and Communist Jeannette Jara.

Schneider, an emblematic figure in the LGBTQ rights movement and one of the most visible voices on trans rights in Latin America, won reelection in a polarized environment. Human rights organizations see her continued presence in Congress as a necessary institutional counterweight to the risks that could arise if the far-right comes to power.

Chilean Congresswoman Emilia Schneider. (Photo courtesy of Emilia Schneider)

Kast v. Jara

The presidential race has become a source of concern for LGBTQ groups in Chile and international observers.

Kast, leader of the Republican Party, has openly expressed his rejection of gender policies, comprehensive sex education, and reforms to anti-discrimination laws.

Throughout his career, he has supported conservative positions aligned with sectors that question LGBTQ rights through rhetoric that activists describe as stigmatizing. Observers say his victory in the second-round of the presidential election that will take place on Dec. 14 could result in regulatory and cultural setbacks.

Jara, who is the presidential candidate for the progressive Unidad por Chile coalition, on the other hand has publicly upheld her commitment to equal rights. She has promised to strengthen mechanisms against discrimination, expand health policies for trans people, and ensure state protection against hate speech.

For Schneider, this new legislative period is shaping up to be a political and symbolic challenge.

Her work has focused on combating gender violence, promoting reform of the Zamudio Law, the country’s LGBTQ-inclusive nondiscrimination and hate crimes law named after Daniel Zamudio, a gay man murdered in Santiago, the Chilean capital, in 2012, and denouncing transphobic rhetoric in Congress and elsewhere.

Schneider’s continued presence in Congress is a sign of continuity in the defense of recently won rights, but also a reminder of the fragility of those advances in a country where ideological tensions have intensified.

LGBTQ organizations point out that Schneider will be key to forging legislative alliances in a potentially divided Congress, especially if Kast consolidates conservative support.

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Kazakhstan

Kazakh lawmakers advance anti-LGBTQ propaganda bill

Measure likely to pass in country’s Senate

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Kazakh flag (Photo by misima/Bigstock)

Lawmakers in Kazakhstan on Wednesday advanced a bill that would ban so-called LGBTQ propaganda in the country.

Reuters notes the measure, which members of the country’s lower house of parliament unanimously approved, would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.”

The bill now goes to the Kazakh Senate.

Reuters reported senators will likely support the measure. President Kassym-Jomart Tokayev has also indicated he would sign it.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Consensual same-sex sexual relations are decriminalized in Kazakhstan, but the State Department’s 2023 human rights report notes human rights activists have “reported threats of violence and significant online and in-person verbal abuse towards LGBTQI+ individuals.” The document also indicates discrimination based on sexual orientation and gender identity remains commonplace in the country. (Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, in August condemned the current White House for the “deliberate erasure” of LGBTQ and intersex people from the State Department’s 2024 human rights report.)

Russia, Georgia, and Hungary are among the other countries with propaganda laws.

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Turks and Caicos Islands

Turks and Caicos government ordered to recognize gay couple’s marriage

Richard Sankar and Tim Haymon legally married in Fla. in 2020

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From left: Richard Sankar and Tim Haymon. (Photo courtesy of Tim Haymon)

The Turks and Caicos Islands’ Court of Appeal has ruled the British territory’s government must recognize a same-sex couple’s marriage.

Richard Sankar, a realtor who has lived in the British territory for nearly three decades and is a Turks and Caicos citizen, married Tim Haymon in Fort Lauderdale, Fla., in 2020.

Haymon, who is American, in August 2021 applied for a spousal exemption under the Turks and Caicos’ immigration law on the basis of his status as a spouse that would have allowed him to legally live and work in the territory.

The Turks and Caicos’ Director of Immigration initially denied the application because its definition of marriage used does not include same-sex couples.

Haymon and Sankar filed their lawsuit in October 2021. The Supreme Court heard the case in November 2022.

The court in March 2024 ruled the government’s refusal to issue a work permit exemption for Haymon violates the Turks and Caicos’ constitution that bans discrimination based on sexual orientation. The government appealed the decision, and the Court of Appeal heard it in January 2025.

The Court of Appeal in September dismissed the government’s appeal. It released its decision on Oct. 27.

Stanbrook Prudhoe, a law firm in the Turks and Caicos, represents Haymon and Sankar.

“Just like any other spouse coming to the Turks and Caicos Islands and marrying a Turks and Caicos islander, we’re just wanting the same rights,” Haymon told the Blade during a March 2024 interview.

Haymon told the Blade he has received his “spousal certificate that gives me residency and the right to work” in the British territory in the British territory. The government appealed a 2022 Supreme Court ruling that ordered it to give him the certificate, but the Court of Appeals denied it.

The Supreme Court ordered the Director of Immigration to grant Haymon a residence permit. He told the Blade he received it on Monday.

The Turks and Caicos are a group of islands that are located roughly 650 miles southeast of Miami.

Consensual same-sex sexual relations have been decriminalized in the British territory since 2001.

The constitution states “every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.” The constitution also says “every person in the islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, color, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth, or other status.”

Then-Cayman Islands Grand Court Chief Justice Anthony Smellie in 2019 ruled same-sex couples can legally marry in the Cayman Islands. The Caymanian Court of Appeal later overturned the decision, and the British territory’s Civil Partnership Law took effect in 2020. 

Then-Bermuda Supreme Court Justice Charles-Etta Simmons in 2017 issued a ruling that paved the way for gays and lesbians to legally marry in the British territory. The Domestic Partnership Act — a law then-Gov. John Rankin signed that allows same-sex couples to enter into domestic partnerships as opposed to get married — took effect in 2018.

Bermuda’s top court later found the Domestic Partnership Act unconstitutional. The Privy Council, a British territories appellate court in London, upheld the law. It also ruled same-sex couples do not have the constitutional right to marry in the Cayman Islands.

The Turks and Caicos government has until Nov. 24 to appeal the Court of Appeals decision. It remains possible the Privy Council’s Judicial Committee could hear Haymon and Sankar’s case.

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