World
Two transgender women elected to German parliament
New government urged to expand LGBTQ rights
Activists in Germany continue to celebrate Sunday’s election of two transgender women to the country’s parliament.
Tessa Ganserer of the Green Party is from Bavaria. Nyke Slawik, who is also a member of the Green Party, is from North Rhine-Westphalia.
Joschua Thuir, a police inspector who is an instructor at a German Federal Police center for basic training and further education. He is also the trans ambassador of VelsPol Deutschland, an NGO that represents LGBTQ police officers in the country.
Thuir on Tuesday told the Washington Blade that Ganserer has worked with him on trainings for police officers. Thuir said Ganserer and Slawik’s election is “a really, really big opportunity for us as a trans community to have speakers now in the German Bundestag who are trans by themselves.”
“It’s much more impressive to listen to people who are in those situations instead of people who talk about people who are in those situations,” said Thuir.
Julia Monro of the German Association for Trans Identity and Intersex People agreed.
“It is a big signal to the world that Germany is a country with diversity,” she told the Blade.
Election results are ‘great opportunity’ for LGBTQ rights
Vice Chancellor Olaf Scholz of the center-left Social Democratic Party of Germany will likely succeed long-time Chancellor Angela Merkel of the Christian Democratic Union. A coalition government will need to form because Scholz did not receive a majority of the votes in Sunday’s election.
Henry Engels of the Lesbian and Gay Association in Germany on Monday in a statement congratulated Scholz. Engels also said the election results are “a great opportunity for the improvement of LGBTI rights in Germany.”
“The increase in votes for the SPD (Social Democratic Party of Germany), Greens and FDP (Free Democratic Party) also shows that voters want a queer-politically progressive government,” said Engels. “We call for a government to be formed that, after the paralysis of the last legislature, now seizes the opportunity for a queer political awakening, and we expect the Greens, FDP and SPD to implement their queer political election promises. For us, only a coalition is acceptable that brings real change in a timely manner.”
The Lesbian and Gay Association specifically urged the new German government to develop “a national action plan against LGBTI hostility” and to amend Article 3 of the country’s Basic Law to specifically ban discrimination based on gender identity and sexual orientation throughout Germany. The Lesbian and Gay Association also called for “gender self-determination” and the admission of LGBTQ refugees into Germany.
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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