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Gender transition in Switzerland simplified

New law takes effect on Jan. 1

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(Photo courtesy of the the European Unionā€™s Rights, Equality and Citizenship TGEU Program)

New rules written into Swiss law will allow transgender and intersex citizens of Switzerland aged 16 and older to adjust their gender and legal name status on official documents by self-declaration at the civil registry office taking effect starting Jan. 1.

The changes were passed on Dec. 18, 2020, when the Swiss Parliament passed a bill for legal gender recognition procedures based on self-determination. Previously Swiss law required require a certificate from a medical professional confirming an individual’s trans identity.Ā 

In addition, under the current law, legal gender recognition, procedures in Switzerland are still based on court proceedings that vary from court to court or even from judge to judge. The new law will not only simplify and standardize the procedure but will also be less expensive, quicker and based on self-determination.

According to Transgender Network Switzerland, costs will be reduced to an administrative fee of 75 CHF ($81.83). Under the old law, legal gender recognition could cost up to 1.000 CHF ($1091.13).Ā 

Transgender Europe, (TGEU), a network of different organizations working to combat discrimination against trans people and support trans people rights, welcomed the adoption of the legislation last year. TGEU Executive Director Masen Davis noted: ā€œEspecially given the backlash against trans peopleā€™s human rights in 2020, we are happy to see this law pass before the end of the year. Some countries have shown major step-backs in legal gender recognition, such as Hungary or Russia. It offers our communities some hope to see the Swiss example.ā€

As the law takes effect, TGEU and the Transgender Network Switzerland (TGNS) expressed criticism that for those younger people and those under adult protection will require parent/guardian consent.

In a media release last December TGNS noted:

“The joy that Switzerland has achieved the current human rights standard for adult intersex and trans women and men is, however, severely clouded in the communities concerned.Ā In contrast to today, under-16s and people under comprehensive assistance can only apply for the change in the future with the consent of the legal representative, even if they are capable of judgment.Ā You are the only one whose personal rights are restricted in this way, although the change in the gender entry does not affect anyone other than yourself.

ā€œToday could be a great day of joy for us: We have wanted a simple, self-determination process for years.Ā But today we are mainly shocked by the way in which Parliament deals with intersex and trans young people.Ā Today’s decision worsens the situation of young people massively and contradicts children’s rights.Ā With this decision the parliament provokes – consciously – great suffering of a minority and lets conflicts in families escalate,” comments Audrey Aegerter, president of InterAction Suisse, on the approved proposal.Ā And Alecs Recher, who heads TGNS’s legal advice, adds with a view to implementation: “We will support all young people and assisted trans and intersex people,Ā so that they receive the correct gender entry despite this new hurdle!Ā We call on Federal Councillor Keller-Suter and Parliament to observe the practical effects of the approval requirement and to make the necessary corrections. “

Switzerland joins Ireland, Belgium, Portugal and Norway as one of the few countries on the continent that allow a person to legally change gender without hormone therapy, medical diagnosis or further evaluation or bureaucratic steps, Reuters reported.

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Uganda

Ugandan minister: Western human rights sanctions forced country to join BRICS

President Yoweri Museveni signed Anti-Homosexuality Act in 2023

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(Image by rarrarorro/Bigstock)

Ugandan Foreign Affairs Minister Henry Oryem has revealed U.S. and EU sanctions over the countryā€™s Anti-Homosexuality Act and other human rights violations have pushed Kampala to join the BRICS bloc.

Oryem noted Western powersā€™ decision to sanction other countries without U.N. input is against international norms, and Uganda needed to shield itself from such actions by aligning with the bloc that includes China, Russia, India, South Africa, Brazil, Egypt, the United Arab Emirates, Ethiopia, Iran, and Indonesia. (Consensual same-sex sexual relations remain criminalized in the United Arab Emirates, Egypt, and Ethiopia. Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.)

Kampala officially became a BRICS member on Jan. 1, joining eight other countries whose applications for admission were approved last October during the blocā€™s 16th annual summit in Kazan, Russia.  

ā€œThe United States and European Union, whenever they impose sanctions, expect all those other countries to make sure they abide by those sanctions and if you donā€™t, you face penalties or even they sanction you,ā€ Oryem said. 

Oryem spoke before parliamentā€™s Foreign Affairs Committee on Tuesday.

MPs asked him to explain the circumstances that led Uganda to join BRICS and the countryā€™s financial obligation from the membership.      

ā€œNow because of that and the recent events, you have realized that the United States and European Union have started freezing assets of countries in their nations without UN resolutions which is a breach of international world order,ā€ Oryem said. ā€œUganda canā€™t just standby and look at these changes and not be part of these changes. It will not be right.ā€

Oryem also said President Yoweri Museveniā€™s Cabinet discussed and approved the matter before he directed the Foreign Affairs Ministry to write to the BRICS Secretariat about admitting Uganda into the bloc.

The U.S. and other Western governments condemned Museveniā€™s decision to sign the Anti-Homosexuality Act, and announced a series of sanctions against Kampala. 

Washington, for example, imposed visa restrictions on government officials who championed the Anti-Homosexuality Act, re-evaluated its foreign aid and investment engagement with Uganda, including the Presidentā€™s Emergency Plan for AIDS Relief (PEPFAR), and reviewed Kampalaā€™s duty-free trade with the U.S. under the African Growth and Opportunity Act for sub-Saharan African countries.

The U.S. in May 2024 imposed sanctions on House Speaker Anita Among and four other senior Ugandan government officials accused of corruption and significant human rights violations.

Although the EU criticized the enactment of the Anti-Homosexuality Act, the 27-member bloc did not sanction Kampala, despite pressure from queer rights activists. The state-funded Uganda Human Rights Commission and several other human rights groups and queer activists, meanwhile, continue to pressure the government to withdraw implementation of the law.

UHRC Chair Mariam Wangadya, who called on the government to decriminalize homosexuality last month, has said her commission has received reports that indicate security officers who enforce the Anti-Homosexuality Act have subjected marginalized communities to discrimination and inhuman and degrading treatment

ā€œAs a signatory to several international and regional human rights conventions, Uganda is committed to ensuring non-discrimination and equality before the law,ā€ Wangadya said.  ā€œAt the domestic level, Ugandaā€™s constitution, under Article 21, prohibits discrimination based on gender, ensuring equality before the law, regardless of sex, race, ethnicity, or social status.ā€

Museveniā€™s son comes out against Anti-Homosexuality Act

Museveniā€™s son, Army Chief General Muhoozi Kainerugaba, has also emerged as a critic of the Anti-Homosexuality Act.

ā€œI was totally shocked and very hurt. Japanese are warriors like us. I respect them very much. I asked them how we were oppressing them. Then they told me about the AHA,ā€ he said on X on Jan. 3 while talking about how the Japanese questioned him over Ugandaā€™s persecution of queer people during his recent visit to Tokyo. ā€œCompatriots, let’s get rid of that small law. Our friends around the world are misunderstanding us.ā€

Kainerugaba, who is positioning himself as Museveniā€™s successor, had already declared an interest in running for president in 2026 before he withdrew last September in favor of his 80-year-old father who has been in power for more than three decades.

In his X post, Kainerugaba also indicated that ā€œwe shall remove this Anti-Homosexuality Act in 2026.ā€ He left the platform six days later after his posts threatened Ugandaā€™s diplomatic relations.

ā€œThey (gays) are sick people, but since the Creator made them … what do we do? Even ā€˜kibokoā€™ (whips) might not work. We shall pray for them,ā€ Kainerugaba said. 

The Supreme Court is currently considering a case that challenges the Anti-Homosexuality Act. The Constitutional Court last April upheld the law.

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India

Indian Supreme Court rejects marriage equality ruling appeals

Judges ruled against full same-sex relationship recognition in 2023

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The Indian Supreme Court (Photo by TK Kurikawa via Bigstock)

The Indian Supreme Court on Jan. 9 rejected a series of petitions that challenged its 2023 ruling against marriage equality

A 5-judge bench ā€” Justices Bhushan Ramkrishna Gavai, Surya Kant, Bengaluru Venkataramiah Nagarathna, Pamidighantam Sri Narasimha, and Dipankar Datta ā€” said there were no errors in the ruling that justified a review.

five-judge Supreme Court bench, led by Chief Justice Dhananjaya Yeshwant Chandrachud, on Oct. 17, 2023, in a 3-2 decision ruled against recognizing the constitutional validity of same-sex marriages in India.

The court emphasized it is parliament’s rule to decide whether to extend marriage rights to same-sex couples. It also acknowledged its function is limited to interpreting laws, not creating them.

The judges on Jan. 9 stated they had reviewed the original rulings.

“We do not find any error apparent on the face of the record,” they said. “We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.ā€

A new bench of judges formed on July 10, 2024, afterĀ Justice Sanjiv KhannaĀ unexpectedly recused himself from hearing the appeals, citing personal reasons. The reconstituted bench included Narasimha, who was part of the original group of judges who delivered the ruling.

“The fact that we have lost is a comma and not a full stop for equality,” said Harish Iyer, a prominent LGBTQ rights activist in India and one of the plaintiffs of marriage equality case. “The admission of review petitions is a rarity, and while we will proceed with all legal recourses available this is not the only fight.”

Some of the plaintiffs in November 2023 appealedĀ the Supreme Court’s original decision. Udit Sood and other lawyers who had represented them in the original marriage equality case filed the appeal.

The appeal argued the ruling contained “errors apparent on the face of the record,” and described the earlier ruling as “self-contradictory and manifestly unjust.” It criticized the court for acknowledging the plaintiffs face discrimination, but then dismissing their claims with “best wishes for the future,” contending this approach fails to fulfill the court’s constitutional obligations toward queer Indians and undermines the separation of powers envisioned in the constitution. The appeal also asserted the majority ruling warrants review because it summarily dismissed established legal precedents and made the “chilling declaration” that the constitution does not guarantee a fundamental right to marry, create a family, or form a civil union.

While speaking to the Washington Blade, Iyer said this setback is a reminder that our futures can be shaped by collaboration and numerous small victories along the way.

“We will have a multi-pronged approach,” he said. “We need to speak to parents groups, teachers, police personnel, doctors, and medical staff, news reporters, podcasters, grassroots activists, activists from allied movements, our local/state and national level elected representatives. We all need to do our bit in our circle of influence. These small waves will create a force that will help us propel toward marriage equality.”

Iyer told the Blade he is confident the community will achieve marriage equality within his lifetime, offering assurance to every queer individual.

“I just hope that I am not too old to find someone to marry with by then.”

As per the Supreme Court’s rules, a ruling is reviewed only if there is a mistake or error apparent on the face of the record, the discovery of new evidence, or any reason equivalent to these two. Justices typically consider appeals without oral arguments, circulating them among themselves in chambers. The same set of justices who issued the original ruling typically rules on the appeal. In this case, however, Justices Sanjay Kishan Kaul and S. Ravindra Bhat, and Chandrachud, who were part of the original bench, had retired.

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, described the Supreme Court’s refusal to hear the appeal as not just a legal setback, but a significant blow to the hopes of millions of LGBTQ people across India. He said the decision perpetuates a sense of exclusion, denying the community the constitutional promise of equality under Article 14 and the right to live with dignity under Article 21.

“This decision comes at a time when global momentum on marriage equality is growing,” said Saha, noting Taiwan and more than 30 other countries around the world have extended marriage rights to same-sex couples. “The lack of recognition in India, despite the 2018 Navtej Johar judgement ā€” decriminalizing homosexuality, leaves the LGBTQ community in a vulnerable position.”

Saha further noted in Jharkhand, a state in eastern India where socio-cultural stigmas run deep, the Supreme Court’s refusal highlights the fight for equality is far from over.

He shared the Jamshedpur Queer Circle recently supported a young lesbian couple who were disowned by their families and faced threats when attempting to formalize their relationship. Saha stressed that without legal safeguards, such couples are left without recourse, underscoring the urgent need for marriage equality to ensure protection and recognition for LGBTQ people.

“While the decision delays progress, it cannot halt the movement for equality,” said Saha. “Marriage equality is inevitable in a country where nearly 60 percent of Indians aged 18-34 believe that same-sex couples should have the right to marry (Ipsos LGBT+ Pride Survey, 2021.) This ruling highlights the need to shift our advocacy strategy towards building a stronger case for social and political change.”

Saha proposed several calls to action and strategies for moving forward.

He emphasized to the Blade the need for mobilizing the community through state-level consultations and storytelling campaigns to humanize the issue of marriage equality. Saha also highlighted the importance of developing stronger petitions, supported by case studies, international precedents, and data to effectively address judicial concerns.

Saha suggested working with allies in civil society and corporate India to push for incremental changes. He advocated for engaging policymakers in dialogue to promote legislative reforms, emphasizing the economic benefits of inclusion. Saha also called for campaigns to counter misinformation and prejudice, while establishing counseling and support groups for LGBTQ people and their families that provide guidance and support.

“Legal recognition of marriage is not just about ceremony; it is about the basic rights, dignity, and respect that every individual deserves,” said Saha. “Together, through collective action, we will ensure that the arc of justice bends in our favor.”

Indrani Chakraborty, an LGBTQ activist and mother of Amulya Gautam, a transgender student from Guwahati in Assam state, described the Supreme Court’s appeal denial as an “insensitive approach.”

“Love and commitment are emotions that can never be under boundaries. Rejection of same-sex marriage is an oppressive approach towards the LGBTQI+ community,” said Chakraborty. “This is discrimination. Marriage provides social and legal security to the couple and that should be irrespective of gender. Same-sex relationships will be there as always even with or without any constitutional recognition. The fight should go on, as I believe, this validates the intention. The community needs to stand bold, and equality be achieved.”

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The Vatican

Vatican approves Italian guidelines for gay priests

Seminary candidates cannot be denied because of sexual orientation, must remain celibate

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Pope Francis (Photo by palinchak via Bigstock)

The Vatican has approved new guidelines that opens the door for gay men in Italy to become priests.

The New York Times on Jan. 10 reported the Vatican approved the guidelines the Italian Bishop’s Conference adopted last November.

The guidelines specifically stipulate seminaries cannot reject applicants simply because of their sexual orientation, as long as they remain celibate. They will remain in place for what the Times described as a “3-year trial period.”

ā€œThis development is a big step forward,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a press release. “It clarifies previous ambiguous statements about gay seminary candidates, which viewed them with suspicion. This ambiguity caused lots of fear and discrimination in the church, way beyond the arena of seminary admissions.”

ā€œThis new clarification treats gay candidates in the same way that heterosexual candidates are treated,” added DeBernardo. “That type of equal treatment is what the church should be aiming for in regards to all LGBTQ+ issues.”

The Vatican in 2016 reaffirmed gay men becoming priests.

ā€œThe church, while profoundly respecting the persons in question, cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called ā€˜gay culture,ā€™ā€ reads a document the Vatican’s Congregation for the Clergy released that Pope Francis approved.

The document essentially reaffirmed the Vatican’s 2005 position on the issue. (Benedict XVI was pope at the time.)

The Vaticanā€™s tone towards LGBTQ and intersex issues has softened since Francis became pope in 2013.

Francis publicly backs civil unions for same-sex couples, and has described laws that criminalize homosexuality as ā€œunjust.ā€ Francis in 2023 said priests can bless same-sex couples.

The pontiff earlier this month named Cardinal Robert McElroy of San Diego, who DeBernardo notes has made “strong positive statements regarding LGBTQ+ issues,” as the new archbishop of Washington. President-elect Donald Trump has nominated Brian Burch, the president and co-founder of CatholicVote, an anti-LGBTQ Catholic group, to become the next U.S. ambassador to the Vatican.

Francis during a 2023 interview with an Argentine newspaper described gender ideology as ā€œone of the most dangerous ideological colonizationsā€ in the world because ā€œit blurs differences and the value of men and women.ā€ A declaration the Vaticanā€™s Dicastery for the Doctrine of the Faith released last March with Francisā€™s approval condemned gender-affirming surgeries and ā€œgender theory.ā€

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