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Countries urged to offer refuge to LGBTQ Afghans

Taliban has said it will execute gay men

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(Bigstock photo)

Advocacy groups have urged the U.S. and other countries to offer refuge to LGBTQ Afghans after the Taliban regained control of the country.

“As Afghanistan falls to the Taliban, members of the LGBTIQ community are among those at greatest risk of suffering under Taliban rule,” tweeted the Organization for Migration, Refuge and Asylum on Tuesday. “The international community must act quickly and decisively to aid all those fleeing persecution.”

Stonewall, a British LGBTQ rights group, echoed ORAM’s call.

“LGBTQ+ Afghans have endured routine discrimination, abuse and persecution, including by the state,” said Stonewall CEO Nancy Kelley on Tuesday. “With the Taliban in power we expect this situation to deteriorate further, including the potential for a return to active enforcement of the laws that prohibit same sex relationships.”

President Biden last month announced U.S. military operations in Afghanistan would end on Aug. 31. The previous White House in 2020 brokered a peace deal with the Taliban that set the stage for the withdrawal.

The Taliban on Sunday entered Kabul, the Afghan capital, and toppled President Ashraf Ghani’s government. Evacuation flights resumed at the city’s Hamid Karzai International Airport on Tuesday, a day after thousands of Afghans who were desperate to leave the country swarmed it.

Media reports indicate a Taliban judge last month said the group would execute gay people if it once again governed Afghanistan.

“Afghanistan already is not a safe place to be LGBTQI+ people,” said Kimahli Powell, executive director of Rainbow Railroad, a Toronto-based organization that assists LGBTQ refugees around the world. “According to the U.S. State Department, public attitudes across the diversity of Afghan society towards LGBTQI+ people are extremely negative, which leads members of the LGBTQ+ community to keep their gender identity and sexual orientation a secret in fear of harassment, intimidation, persecution and death. Now, with the return of the Taliban, there is understandable fear that the situation will worsen.”

“Rainbow Railroad is concerned that the return to power of the Taliban will lead to instances of extreme violence directed at members of the LGBTQI+ community in Afghanistan,” added Powell. “And although it remains to be seen how the Taliban will respond to international pressure to uphold human rights, early signs are not encouraging. Just last month, a Taliban judge threatened that gay men will be crushed to death by toppling walls onto them should the group regain control of Afghanistan.”

Powell said Rainbow Railroad has received 50 “requests for help originating in Afghanistan” so far this year, “and we anticipate an uptick in requests due to the deteriorating security situation that threatens the safety of LGBTQI+ people.”

“Moreover there is very limited human rights defenders and civil society engagement to support LGBTQI+ persons at risk,” said Powell. “However, we are currently relying on our deep international network and contacts within the country in order to reach people at risk. “

‘We don’t know what’s happening’

Charbel Maydaa is the founder and general director of MOSAIC, a Lebanon-based advocacy group that works throughout the Middle East and North Africa. Maydaa is also the first alternate co-chair of ILGA Asia.

Maydaa on Tuesday noted to the Washington Blade that the Taliban use Sharia law to target LGBTQ people. Maydaa noted the Taliban wants “to look good in front of the international community,” but added LGBTQ Afghans who remain in the country are terrified.

“We lost contact with many people there,” said Maydaa. “We don’t know what’s happening. They’re not online or they are really afraid to talk on Facebook.”

Maydaa said three female academics with whom he has worked “disappeared” five days ago. Maydaa told the Blade an LGBTQ person in Kabul with whom he spoke on Monday “didn’t mention anything.”

“He was really afraid to communicate, so he was just like I’m alive. I’m fine,” said Maydaa.

Maydaa said ILGA Asia is currently working to find shelters for LGBTQ people in Afghanistan before they are able to leave the country. Maydaa added ILGA Asia is also “trying to advocate for some governments” to “literally rescue them.”

The Canadian government on Friday announced it will allow up to 20,000 Afghans — including members of the LGBTQ community — to resettle in the country.

“Canada will continue to implement the special immigration program for Afghans who contributed to Canada’s efforts in Afghanistan,” a Canadian government spokesperson told the Blade on Monday. “In addition, we will introduce a special program to focus on particularly vulnerable groups that are already welcomed to Canada through existing resettlement streams, including women leaders, human rights defenders, journalists, persecuted religious minorities, LGBTI individuals and family members of previously resettled interpreters.”

“The program will welcome government-supported and privately sponsored refugees, along with those sponsored by family already in Canada,” added the spokesperson. “In the coming weeks and months, we will be engaging with our international and domestic partners to develop a plan for moving forward.”

President Biden on Monday said the U.S. will expand “refuge access to cover other vulnerable Afghans who worked for our embassy; U.S. non-government agencies — or the U.S. non-governmental organizations and Afghans who otherwise are at great risk; and U.S. news agencies.” State Department spokesperson Ned Price on Monday also said the State Department will “continue to pursue all options to relocate interested and qualified Afghan SIV (Special Immigration Visas) applicants and their immediate families, as well as other vulnerable Afghans.”

Price and Biden in their remarks did not specifically mention LGBTQ Afghans. Rupert Colville, a spokesperson for U.N. High Commissioner for Human Rights Michelle Bachelet did not either on Tuesday.

“We call on the international community to extend all possible support to those who may be at imminent risk, and we call on the Taliban to demonstrate through their actions, not just their words, that the fears for the safety of so many people from so many different walks of life are addressed,” said Colville.

Log Cabin Republicans Managing Director Charles Moran on Monday sharply criticized the Biden administration.

“Make no mistake, the reinstatement of the Taliban is a literal death sentence for LGBT Afghans,” said Moran. “Human rights abuses will absolutely increase under this radical regime. The Biden administration talks a tough game about supporting the LGBT community, but that support evidently doesn’t extend to our allies in Kabul.”

“We hope the administration will be held accountable by both parties for this unprecedented disaster, but right now the priority must be to evacuate as many proven U.S. partners and allies from Kabul as possible, including LGBT Afghans,” added Moran.

Powell stressed “now is time for governments to step up and support LGBTQI+ Afghan refugees.” He specifically noted the Canadian government’s announcement.

“Rainbow Railroad is looking forward to engaging with the Canadian government to identify and refer LGBTQI+ Afghans in need of emergency assistance,” said Powell. “We strongly encourage other governments to do the same.” 

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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