World
Shelters for LGBTQ asylum seekers on Mexico-US border ‘overwhelmed’
Nearly 50 people living at Jardín de las Mariposas in Tijuana
Editor’s note: International News Editor Michael K. Lavers was on assignment for the Washington Blade in Mexico, Honduras and El Salvador from July 11-25.
TIJUANA, Mexico — Marvin is a 23-year-old gay man from Dulce Nombre, a municipality in Honduras’ Copán department.
He left Honduras with a migrant caravan on Jan. 13, 2020, in order to escape the discrimination he said he would have suffered if his family and neighbors knew he is gay. Marvin spent eight months in the custody of Mexican immigration officials until they released him last November.
He was in the Mexican border city of Tijuana in April when a cousin told him his younger brother had been murdered. Marvin, who is currently living at Jardín de las Mariposas, a shelter for LGBTQ asylum seekers in Tijuana, began to sob when the Blade saw a picture of his brother’s body in the morgue in San Pedro Sula, Honduras’ second-largest city.
“He didn’t mess with anyone,” said Marvin.
Marvin is one of 47 people who were living at Jardín de las Mariposas when the Blade visited it on July 12. The shelter’s maximum capacity is 40.
A lesbian woman who asked the Blade not to publish her name said she fled El Salvador in January after MS-13 gang members threatened to kill her because she could not pay them the money they demanded from her. She said members of 18th Street, another gang, attacked her son after he refused to sell drugs.
“They hit him very hard; very, very hard,” the lesbian woman told the Blade at Jardín de las Mariposas, speaking through tears.
Olvin, a 22-year-old gay man from El Progreso, a city in Honduras’ Yoro department, left the country in January.
He said he and his partner of three years lived together in Tapachula, a city in Mexico’s Chiapas state that is close to the country’s border with Guatemala, for several months. Olvin said gang members threatened them and they suffered discrimination because of their sexual orientation.
Olvin told the Blade he rescued his partner from an apartment building one night after he refused to sell drugs, and they ran to a nearby park. Olvin, who was crying when he spoke with the Blade at Jardín de las Mariposas, said he left Tapachula a few days later without his partner.
Olvin arrived at the shelter a few hours before the Blade visited. He said he wants to ask for asylum in the U.S.
“I want to live in a safe place,” said Olvin.
Kelly West is a transgender woman who fled discrimination and persecution she said she suffered in Jamaica.
She flew to Panama City and then to Mexican city of Guadalajara before she arrived in Tijuana on June 16. West said she and a group of eight other LGBTQ asylum seekers tried to “run over the line at the border” between Mexico and the U.S., but Mexican police stopped them.
“We had to run for our lives,” West told the Blade at Jardín de las Mariposas. “I even ran without my shoes. I jumped over a bridge.”
She said she and three of the other asylum seekers with whom she tried to enter the U.S. went to another shelter for LGBTQ asylum seekers in Tijuana, but it was full. West said the shelter referred them to Jardín de las Mariposas.
“I really like it here,” she told the Blade. “Here I can be who I want, I can dress how I want to. I can wear my heels, I can wear my hair. I can just be feminine everyday.”

Jaime Marín, who runs Jardín de las Mariposas with his mother, Yolanda Rocha, noted some residents were sleeping in a tent in the backyard because the shelter is over capacity.
“We’re overpopulated with a lot of residents,” Marín told the Blade.
Title 42, a Centers for Disease Control and Prevention rule that closed the Southern border to most asylum seekers and migrants because of the coronavirus pandemic, remains in place.
Vice President Kamala Harris and other administration officials have publicly acknowledged that violence based on sexual orientation and gender identity is one of the “root causes” of migration from Honduras, El Salvador and Guatemala. The White House has told migrants not to travel to the U.S.-Mexico border, but Marín said the number of people who have traveled to Tijuana since President Biden took office has increased dramatically.
The previous White House forced tens of thousands of asylum seekers to pursue their cases in Mexico under its Migrant Protection Protocols program. The Biden administration on June 1 officially ended MPP.
“The process has been easier, which means they’re no longer staying months or years,” Marín told the Blade. “They submit their application, let’s say today, and they get a response for a date in two weeks. They’re basically in the United States within a month.”
Marvin hopes to use the picture of his brother’s body in the morgue and Honduran newspaper articles about his murder as evidence to support his asylum case. Marvin, however, has yet to find someone to sponsor him.
“My goal … is to go to the United States,” he said.
Marín told the Blade the two other shelters for LGBTQ asylum seekers in Tijuana are also at maximum capacity. Marín said U.S. immigration officials are also “overwhelmed” with new asylum applications.
“It might take a little bit longer than a month because of the number of people that are basically coming and we just have to increase the work we do as well because we are getting a lot more work too,” he told the Blade. “We are overwhelmed as well.”
Fire destroyed lesbian-run Mexicali migrant shelter on July 9
Centro Comunitario de Bienestar Social (COBINA) in Mexicali, a border city that is roughly 2 1/2 hours east of Tijuana, is a group that serves LGBTQ people and other vulnerable groups.
It runs three migrant shelters in the city, which borders Calexico, Calif., in California’s Imperial Valley. An electrical fire that destroyed COBINA’s Refugio del Migrante on July 9 displaced the 152 migrants from Guatemala, El Salvador, Honduras and other countries who were living there.

Some of the shelter’s residents were living in COBINA’s offices when the Blade visited them on July 12.
“We need resources to rebuild the shelter, to buy wood, to buy everything that is needed,” COBINA President Altagracia Tamayo told the Blade.
The Organization for Refuge, Asylum and Migration has raised $2,600 for COBINA to use to buy clothes, food and diapers for the displaced migrants and their children. The ORAM funds will also allow COBINA to buy portable air conditioning units. (The temperature in Mexicali was 108 degrees when the Blade reported from there.)
Tamayo told the Blade that COBINA has been working with the U.N. Refugee Agency and the International Organization for Migration to assist the displaced migrants.

Jardín de las Mariposas moved into a new house in May. It is less than four miles from El Chaparral, the main port of entry between Tijuana and San Diego.
Alight, formerly known as the American Refugee Agency, recently worked with ORAM to install security cameras and purchase new furniture for Jardín de las Mariposas. They also painted the shelter and a mural, installed solar heaters on the roof, planted plants and renovated the backyard.
This work is part of Alight’s “A Little Piece of Home” initiative that works to improve shelters for migrants and refugees along the border.
“This is beautiful because they are helping us and not letting us down,” Marín told the Blade. “They’re basically giving us hope to continue this fight that we have.”



European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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