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U.S. lags behind other countries on LGBTQ rights

Report cards released ahead of Summit for Democracy

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Cuba, Pride flag, gay news, U.S. Embassy, Washington Blade
The U.S. Embassy in Cuba flies the Pride flag in commemoration of the 2016 International Day Against Homophobia, Transphobia and Biphobia. Report cards the Council for Global Equality and F&M Global Barometers released on Dec. 7, 2021, notes the U.S. continues to lag behind other countries in terms of LGBTQ rights. (Photo courtesy of the U.S. Embassy in Cuba)

A series of report cards from the Council for Global Equality and F&M Global Barometers that rank countries on their LGBTQ rights records indicate the U.S. continues to lag behind.

The report cards rank the 110 countries that are participating in the White House’s Summit for Democracy that began on Thursday. They specifically rank the nations on 30 specific benchmarks that are grouped together in three categories.

Basic Human Rights:

            – No criminalization of sexual orientation

            – No criminalization of gender identity or expression

            – Freedom from arbitrary arrest based on sexual orientation

            – Freedom from arbitrary arrest based on gender identity

            – Legal recognition of gender identity

            – No physiological alteration requirement for legal gender recognition

            – No psychiatric diagnosis requirement for legal gender recognition

            – LGBTQI organizations are allowed to legally register

            – LGBTQI organizations are able to peacefully and safely assemble

            – Security forces provide protection to LGBTQI pride participants

Protection from Violence:

            – Ban on gay conversion therapy

            – Hate crimes legislation includes sexual orientation

            – Hate crimes legislation includes gender identity

            – Hate crimes legislation includes sex characteristics

            – Hate speech laws include sexual orientation

            – Hate speech laws include gender identity

            – Equality body mandate exists

            – Prohibition of medically-unnecessary non-consensual medical interventions on intersex individuals

            – Gender affirming prison accommodations

            – Asylum for LGBTQI individuals is available within the country

Socio-Economic Rights:

            – Workplace non-discrimination laws include sexual orientation

            – Workplace non-discrimination laws include gender identity

            – Workplace non-discrimination laws include sex characteristics

            – Fair housing non-discrimination las include sexual orientation

            – Fair housing non-discrimination laws include gender identity

            – Head of state supports marriage equality

            – State allows for marriage equality

            – State prohibits discrimination in health care based on sexual orientation

            – State prohibits discrimination in health care based on gender identity

            – Legal classifications, such as an X sex or gender marker, universally available

The U.S. scored 70 percent on the “Basic Human Rights” benchmarks, 30 percent on the “Protection from Violence” benchmarks and 50 percent on the “Socio-Economic Rights” benchmarks.

Malta scored 100 percent on all three sets of benchmarks. Uruguay received a 100 percent score on the “Basic Human Rights” benchmarks, an 80 percent score on the “Protection from Violence” benchmarks and a 90 percent score on the “Socio-Economic Rights” benchmarks.

The report cards the Council for Global Equality and F&M Global Barometers released on Tuesday are based on 2020 data.

The groups will release a second set of report cards in 2022 based on new data. Council for Global Equality Chair Mark Bromley told the Washington Blade the U.S. will have a higher score because the State Department will have begun to offer passports with an “X” gender marker and President Biden explicitly supports marriage equality.

The Biden administration on Thursday unveiled the Presidential Initiative for Democratic Renewal, which the White House describes as “a landmark set of policy and foreign assistance initiatives that build upon the U.S. government’s significant, ongoing work to bolster democracy and defend human rights globally.” Biden in a speech he delivered at the opening of the Summit for Democracy noted the initiative, among other things, includes programs that seek to empower LGBTQ people.

“We have to stand for justice and the rule of law, for free speech, free assembly, a free press, freedom of religion, and for all the inherent human rights of every individual,” said Biden.

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Russia

Nine Russian LGBTQ groups deemed ‘extremist’ banned

Human Rights Watch: authorities ‘intensifying their criminalization’ of queer people

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(Washington Blade photo by Ernesto Valle)

Nine LGBTQ groups in Russia have been banned so far this year after authorities deemed them as “extremist.”

Human Rights Watch on Thursday noted courts in seven regions between March and May banned Coming Out, the LGBT Resource Center, Parni Plus, the Moscow Community Center for LGBT+ Initiatives, Irida, the Russian LGBT Network, the Kallisto movement, T9 NSK, and Center T. Human Rights Watch also pointed out a lawsuit has been filed against the Alliance of Straights and LGBT for Equality.

Parni Plus is an LGBTQ media outlet.

“Russian authorities are intensifying their criminalization of those who provide critical support to the very LGBT people they have systematically persecuted,” said Human Rights Watch Europe and Central Asia Director Hugh Williamson in a press release. “Authorities should vacate all court decisions and criminal convictions based on these spurious ‘extremism’ charges.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

The country in January designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

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China

China’s top court acknowledges anti-LGBTQ discrimination

Postgraduate student petitioned for legal clarification

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(Photo by Aylandy/Bigstock)

China’s Supreme People’s Court on May 8 issued a rare response to a petition involving LGBTQ discrimination.

In a surprising response; it discussed sexual orientation, gender identity, and gender expression. The response also mentioned workplace discrimination, public humiliation, and school bullying, language considered uncommon from China’s legal system.

The response stemmed from a proposal submitted by a postgraduate student in Qingdao through China’s xinfang petition system on March 25, urging the court to establish clearer judicial standards against discrimination based on sexual orientation and gender identity. Six weeks later, the Supreme People’s Court Research Office issued a written reply.

The Research Office is an internal legal and policy body within the Supreme People’s Court. It studies legal issues, drafts judicial guidance, and responds to legal inquiries submitted through official channels. Its responses do not carry the same legal weight as a judicial interpretation or court ruling.

“The opinions and suggestions you raised are of great value,” reads a translated version of the Supreme People’s Court Research Office response. “In order to thoroughly implement the Constitution, Civil Code, Employment Promotion Law and other legal provisions, and effectively protect citizens’ personality rights from infringement, the Supreme People’s Court has guided local courts at all levels to handle a number of related cases, and through typical cases and other forms has clarified adjudication rules.”

The response stated that courts may determine public insults, defamation and, discriminatory conduct targeting sexual orientation, gender identity and gender expression as infringement of personality rights. It also said employers treating individuals differently in hiring, employment, transfer or dismissal based on those characteristics could face employment discrimination claims. Schools could also bear legal responsibility for improper discipline or bullying involving students based on sexual orientation, gender identity and gender expression, according to the response.

“It’s not a systematic change from the authorities recognizing LGBTQ rights,” said Renn Hao, an LGBTQ activist in China. “However, it’s an informal statement from the Supreme Court. According to a scholar researching LGBTQ legal cases in China, courts are recognizing more cases involving LGBTQ discrimination and same-sex partners through their verdicts.”

China decriminalized consensual same-sex sexual relations in 1997 and removed homosexuality from the country’s list of mental disorders four years later. Chinese law, however, does not recognize same-sex relationships.

Public advocacy involving LGBTQ issues also remains tightly controlled. Authorities in recent years have continued restricting community organizing, public events, and online expression involving sexual minorities.

Discussions involving LGBTQ issues are also frequently censored on Chinese social media platforms. 

Activists and advocacy groups say Chinese authorities in recent years have removed online content, shut down LGBTQ student group accounts and restricted public discussion involving sexual minority issues. After the Supreme People’s Court response began circulating online, related posts and articles were also removed from some Chinese platforms.

“It may still be too early to fully assess the long-term impact, as this development has only just happened and the situation is still unfolding,” said Xiaogang Wei, a Beijing-based LGBTQ rights activist, filmmaker, and founder of the China Rainbow Collective Foundation. “Although the reply is not legally binding, it represents a rare form of institutional acknowledgment of SOGIE-related discrimination in China. For Chinese LGBTQ people and advocates, this could become a meaningful reference point for future legal advocacy, public communication, and community awareness.”

Wei said the rapid removal of related posts and articles limited the development’s broader public impact and underscored how fragile LGBTQ visibility remains in China. 

“This is why we believe it is important to continue sharing verified information and ensuring that this development is not erased from public understanding,” Wei said.

Chinese courts in recent years have also heard a number of LGBTQ-related employment discrimination cases, despite the absence of explicit nationwide protections based on sexual orientation or gender identity. In one notable case, the Supreme People’s Court in 2018 formally recognized “equal employment rights disputes” as a legal cause of action, allowing some discrimination-related cases to proceed through the courts.

Chinese courts have previously handled several LGBTQ-related disputes involving employment discrimination, custody, and so-called conversion therapy. In 2024, a Beijing court drew attention after recognizing visitation rights for a child involving a same sex couple, a decision activists described as a milestone for LGBTQ families in China.

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Kenya

Kenyan High Court issues landmark transgender rights ruling

Government ordered to allow trans people to amend ID documents

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(Image by Bigstock)

Kenya’s High Court has ruled the country’s government cannot refuse requests to amend gender markers on birth certificates and other ID documents.

Audrey Mbugua, a prominent transgender activist, and two other people in 2020 sued Attorney General Dorcas Oduor, the Registrar of Births and Deaths, the National Registration Bureau, and Immigration Services Director General Evelyn Cheluget after they did not receive amended birth certificates.

The Washington Blade previously reported the three plaintiffs argued documents that do not correspond with their gender identity “has denied them opportunities and rights.” Oduor, for her part, in response to the plaintiffs’ claims argued “a person’s gender is based on fact — not feelings — and the plaintiffs at birth were registered and named based on their gender status.”

High Court Justice Bahati Mwamuye ruled on May 20.

“The silence and delay cannot defeat rights,” ruled the court, according to the Daily Nation, a Kenyan newspaper. “Constitutional rights cannot be delayed over administrative convenience.”

The court in 2014 ordered the Kenya National Examinations Council to change Mbugua’s name on her academic diplomas and to remove the male gender marker from them.

Kenya’s intersex rights law took effect in 2022. The government in February 2025 announced intersex people can receive birth certificates with an “I” gender marker.

The Daily Nation notes Mwamuye ordered the Registrar of Deaths and Births and other government agencies to “begin receiving and considering applications for gender-marker changes within” 60 days.

“Access to legal identity documentation is not just a human rights issue; it is a foundational pillar of socio-economic inclusion,” said the Initiative for Equality and Non-Discrimination, a Kenyan advocacy group, in response to the ruling. Without accurate IDs or passports, individuals face severe barriers to employment, financial systems, global business travel, and participation in governance and democratic processes.”

“This ruling marks a critical step forward in reducing administrative discrimination and fostering an inclusive environment where every Kenyan citizen’s legal identity aligns with their dignity,” added INEND.

Outright International, a New York-based global LGBTQ and intersex advocacy group, in a statement described Mwamuye’s ruling as “a meaningful shift towards aligning Kenya’s legal framework with constitutional guarantees of equality, privacy, and human dignity. Outright International also applauded Mbugua and other activists who fought for this change.

“Today, we celebrate a milestone — one achieved through resilience, solidarity, and an unwavering belief in justice,” said the group. “Outright International stands with transgender and intersex Kenyans in honoring this victory and reaffirming our commitment to advancing rights, recognition, and equality for all.” 

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