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Cuban lawmakers approve new family code draft

Proposal could pave way for marriage equality

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(Washington Blade photo by Michael K. Lavers)

Cuban lawmakers on Tuesday approved a draft of a new family code that could pave the way for marriage rights for same-sex couples in the country.

Cubadebate, an official news website, reported the National Assembly approved the draft that does not contain a specific marriage equality provision. The proposal, however, states it would “protect all expressions of family diversity and each person’s right to build a family in coherence with the (Cuban) constitution and its principles of equity, non-discrimination and human dignity.”

Mariela Castro, the daughter of former President Raúl Castro who is the director of the National Center for Sexual Education, is among the members of the National Assembly who spoke in favor of the draft.

“It will guarantee the rights of groups of people whose realities were not sufficiently understood at the beginning of the revolutionary process,” said Mariela Castro before the vote, according to Cubadebate.

Mariela Castro in her comments referred to the Cuban revolution that brought her uncle, Fidel Castro, to power in 1959.

The Cuban government after the revolution sent gay men and others to work camps known by the Spanish acronym UMAPs. Cubans with AIDS were forcibly quarantined in state-run sanitaria until 1993.

“This bill does resemble the society in which we live: A complex, diverse and plural society,” said Mariela Castro.

Cubadebate reported Cubans will have a chance to comment on the bill during a “popular consultation” that will take place from Feb. 1-April 30, 2022.

Cuban voters in 2019 overwhelmingly approved the draft of their country’s new constitution, but independent LGBTQ activists sharply criticized the government’s decision to remove a marriage equality amendment before the referendum on it. Tremenda Nota, the Washington Blade’s media partner in Cuba, reported the government has not announced when a referendum on the new family code will take place.

A poster nailed to the door of an apartment building in Havana’s Centro Habana neighborhood on Feb. 28, 2019, indicates support for the country’s new constitution that voters overwhelmingly approved days earlier. (Washington Blade photo by Michael K. Lavers)

Tuesday’s vote took place less than six months after anti-government protests took place across Cuba.

Tremenda Nota Editor Maykel González Vivero is among the hundreds of people who were arrested during the protests.

Yoan de la Cruz, who is gay, used Facebook Live to livestream the first July 11 protest that took place in San Antonio de los Baños in Artemisa province.

Authorities subsequently arrested De La Cruz, and they are seeking an 8-year prison sentence for him. De La Cruz’s trial reportedly began on Dec. 13.

Yoan de la Cruz is a gay man who broadcast to the world the first videos of the anti-government protests in Cuba that took place on July 11, 2021. (Photo courtesy of Twitter)
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Russia

Russian LGBTQ rights group to shut down

Russian LGBT Network in April declared ‘extremist’ organization

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(Washington Blade photo by Ernesto Valle)

A Russian LGBTQ advocacy group on Monday announced it will shut down after a court declared it an “extremist” organization.

A St. Petersburg court in April in response to a Russian Justice Ministry lawsuit made the declaration against the Russian LGBT Network.

“For many years, Russian LGBT Network brought together initiatives and activists and supported queer people across the country,” said the advocacy group on its Facebook page. ” However, its ‘extremist’ status has made the previous public format of its work impossible: any connection to the organization may create additional risks for the people we seek to support and protect.”

The Russian LGBT Network formed in 2006.

The group on its Facebook page said it “made this decision” to close “after a thorough assessment of the risks.”

“Continuing our public activities could have put at risk those who took part in the organization’s work, supported it, or received assistance,” said the Russian LGBT Network. “We cannot control the repressive environment, but we can do everything possible to avoid creating additional risks for people. People’s safety comes first.”

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.

Russia 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.

Human Rights Watch in May noted the Russian LGBT Network is one of nine LGBTQ groups that Russia this year has banned after authorities deemed them “extremist.”

“Russian LGBT Network may close; but dignity, solidarity, and people’s right to be themselves cannot be destroyed,” said the Russian LGBT Network in its statement. “Take care of yourselves.”

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India

Same-sex couples challenges India income tax law

Government has rejected petitions

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(Photo by Rahul Sapra via Bigstock)

India’s Income Tax Department has opposed a same-sex couple’s petition that challenges Section 56(2)(x) of the Income Tax Act

The provision exempts gifts between spouses from tax. The couple seeks the same benefit for their relationship.

At the center of the challenge is the explanation to the fifth provision of Section 56(2)(x). According to the petition, the provision excludes same-sex partners from the definition of “spouse.” The petition describes that exclusion as unconstitutional.

The provision defines “relative” to include an individual’s spouse, siblings, the spouse’s siblings, parents’ siblings, and other blood relatives.

Paiyo Ashiho and another petitioner, Vivek Divan, asked the Bombay High Court to recognize same-sex couples presumed to be in a marriage as “spouses” under the fifth provision to Section 56(2)(x).

A similar challenge is pending before the Karnataka High Court. 

Bengaluru-based engineers Anurag Kalia and Akhilesh Godi have sought similar relief. Kalia said he wanted to give Godi a gold bracelet worth more than ₹115,500 ($1213.44.). The case remains pending.

The Prime Minister Narendra Modi-led government rejected the petition in an affidavit filed last year. It argued the plea was not legally tenable because it challenged no action or order of the Income Tax Department. Calling the petition an “abuse of process of law,” the government said the relief sought fell outside the scope of the Income Tax Act, 1961.

The government also argued the petitioners sought the benefits available to a “spouse” without legal recognition of their relationship. According to the affidavit, they had not placed on record any law recognizing their relationship as a marriage. It urged the court to dismiss the petition with costs.

The case returned to the spotlight on July 6, when the Bombay High Court heard the petition. 

Justices B.P. Colabawalla and Firdosh P. Pooniwalla adjourned the matter after Solicitor General Tushar Mehta said he would appear on behalf of Modi’s government. 

The petition comes nearly two years after the Indian Supreme Court’s marriage equality ruling

In 2023, a five-judge Constitution Bench, in a 3-2 verdict, declined to recognize the constitutional validity of same-sex marriage in India. The country’s top court said MPs must decide whether to extend marriage rights to same-sex couples.

During the 2023 marriage equality hearings, lawyer Abhishek Manu Singhvi told the Supreme Court that marriage is a source of social validation, dignity, self-respect, fulfillment, and security. He argued that it also carries legal and civil benefits, including those related to taxation, inheritance, and adoption. Lawyer Anand Grover, who also appeared for the petitioners, told the court that marriage remains fundamental to the functioning of society and is necessary to access several state benefits, including joint tax benefits and surrogacy rights.

Chief Justice Dhananjaya Y. Chandrachud, in his minority opinion, said the Income Tax Act provides numerous tax benefits for payments made on behalf of a spouse, including deductions for life and health insurance premiums. He also noted that marriage confers several financial benefits on a spouse, including eligibility for gratuity, funeral expenses, medical benefits, and provident fund claims as the dependent of a deceased spouse.

In the marriage equality ruling, the Supreme Court recognized queer people cannot be discriminated against. The court said denying queer couples the material benefits and services available to heterosexual couples violates their fundamental rights.

While issuing directions to the federal, state, and territory governments; Chandrachud said the government should ensure there was no discrimination in access to goods and services. He also directed governments to sensitize the public about queer rights, establish a hotline for the queer community, create safe houses for queer couples, and ensure intersex children were not forced to undergo medical operations.

The petition is awaiting its next hearing before the Bombay High Court.

India’s tax system relies on both direct and indirect taxes, although its direct tax base remains relatively narrow. Individuals pay income tax at progressive rates of up to 30 percent, while consumers pay taxes on most goods and services through the Goods and Services Tax. The Income Tax Act also provides exemptions, deductions, and other tax benefits for eligible taxpayers, including those linked to family relationships and legal marital status.

India’s LGBTQ community is estimated to comprise between 135 million and 140 million people, or nearly 10 percent of the country’s population. Collectively, it is estimated to have a purchasing power exceeding $168 billion. The World Bank estimated that exclusion based on sexual orientation and gender identity cost India between $1.9 billion and $30.8 billion in lost economic output annually, or up to 1.7 percent of its gross domestic product.

India imposed a separate Gift Tax Act in 1958 to tax certain transfers of property made without consideration. Parliament repealed the law in 1998 to simplify the tax system and encourage genuine gifting. However, concerns over tax avoidance later prompted the government to bring gifts back within the Income Tax Act. Today, specified gifts exceeding prescribed limits may be taxed under Section 56(2)(x), subject to exemptions that include gifts received from relatives.

Under the Income Tax Act, gifts received from non-relatives exceeding ₹50,000 ($525.30) in a financial year are generally treated as taxable income, unless they qualify for a statutory exemption. Gifts received from specified relatives, including a spouse, are exempt from tax regardless of their value.

Tarun Khaitan — a research director and professor of public law at the London School of Economics Law School, honorary professorial fellow at Melbourne Law School, and associate fellow of the Bonavero Institute of Human Rights at the University of Oxford — told the Washington Blade the guarantee of equality and non-discrimination under India’s constitution was deliberately framed in broad terms because its framers envisaged that the understanding of those principles would evolve over time. They did not intend to freeze their meaning in 1950, he said. Instead, older and newer statutes alike must be interpreted in light of the constitution’s contemporary understanding.

“Constitutional values must inform the interpretation of all laws in India. It is well established in Indian jurisprudence that if a term can carry two meanings, the court will give it the meaning that complies with constitutional demands,” Khaitan said. “The term ‘spouse’ is not defined in the Income Tax Act, and unlike ‘husband’ or ‘wife’ is not a legal term of art in Indian family law. Its use by the Income Tax Act therefore is apt for judicial interpretation, which must be guided by the constitutional guarantees of equality and liberty.”

Asked how courts should balance respect for legislative choices with their constitutional responsibility to safeguard equality and dignity, Khaitan said he was not convinced that the legislature had made a clear choice in this case. He noted that the Income Tax Act uses the term “spouse” without defining it, adding that no other Indian law, to his knowledge, defines the term either. Its meaning has evolved over time, he said, pointing to the Oxford English Dictionary, which now defines a spouse as “a husband or wife, or a person joined to another in a comparable legally recognized union.”

Khaitan said the decision to restrict the meaning of “spouse” to different-sex married couples appeared to be the government’s interpretation rather than one expressly adopted by MPs. Even so, he said, courts have a duty to safeguard constitutional rights, although those rights are not absolute. The state, he said, must justify any restriction by demonstrating that it serves a sufficiently important public interest and that the limitation is proportionate to that objective.

“The extension of marriage would be a symbolic expression of equal acceptance of same-sex relations by law as well as a the extension of the bundle of material incidents that typically attach to it. Whether or not such extension happens, concerns such as inheritance, hospital visitation rights, decisions regarding end of life care, pensions etc affect the lives of same-sex couples as well as unmarried different-sex couples in a real, material sense,” Khaitan said. “There is no conceptual reason why the expressive salience of ‘marriage’ and the material incidents of a domestic partnership cannot be unbundled.”

Khaitan has had his scholarship cited by the Supreme Court in several constitutional cases, including Navtej Singh Johar v. Union of India, which decriminalized consensual same-sex relations, and Lt. Col. Nitisha v. Union of India, a landmark judgment on indirect discrimination.

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Netherlands

Tens of thousands take part in World Pride March

Event capped off two weeks of celebrations in Amsterdam.

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(Washington Blade photo by Michael Key)

AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.

Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ advocacy group in Ukraine, and others.

Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.

Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.

A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.

The incident overshadowed World Pride, which began hours earlier and ended on Saturday.

Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.

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