Connect with us

World

Taiwan activists call for updated same-sex adoption law

Family court issued historic ruling on Dec. 25

Published

on

(Photo courtesy of the Taiwan Equality Campaign)

Weeks after a historic ruling in Taiwan allowing a married gay man to adopt the non-biological child of his husband, LGBTQ activists in the country called on the government to extend adoption equality to all same-sex couples.

The family court’s historic Dec. 25 ruling, made public last week, found that it was in the best interest of Wang Chen-wei’s adopted child, nicknamed “Joujou,” for his husband Chen Chun-ju to become a legal guardian, as well. 

It marked the first time in Taiwan that a same-sex couple has been allowed to adopt a child that didn’t have a biological relationship with either person.

The couple fought for Chen to be able to adopt Joujou for over two years. 

“Finally, the issue of Joujou’s parental rights has come to an end,” Wang said in a Facebook post, according to the Taipei Times.

However, Wang did note that the court’s decision does not set a general precedent for all same-sex couples in the country. 

“We will continue to fight. The key is having the law revised,” Wang wrote. “If our family wants to adopt another child, will we have to go through the same process again and gamble on which judicial affairs officer we get? Or will the law have been amended so it won’t be so hard for everybody?”

Same-sex marriage is legal in Taiwan, but LGBTQ couples still face other restrictions that opposite-sex couples do not. 

The Act for Implementation of Judicial Yuan Interpretation No. 748, which legalized same-sex marriage in the country, does carve out rights for adoption if that child has a biological relation to one of the parents. But the law makes no mention of cases where the child has no biological ties to either partner. 

“It’s really absurd that same-sex people can adopt a child when they are single but they can’t after they get married,” Wang told the Agence France-Presse.

According to the Taipei Times, the court decided that the law doesn’t explicitly “prohibit the adoption of adopted children,” and that it would be “inappropriate to give a negative or discriminatory interpretation of the provision.”

Jennifer Lu, the executive director for the Taiwan Equality Campaign, said the ruling was “a ray of hope,” but added that Taiwan’s courts are inconsistent on the matter. 

“We hope the rulings serve as a reminder to government officials and lawmakers that the current unfair legal conditions need to be changed,” she said. 

According to Lu, the group has received over 500 requests from same-sex families interested in adopting non-biological children.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

Published

on

The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

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.

Continue Reading

Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

Published

on

(Bigstock photo)

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.”

Continue Reading

Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

Published

on

Liniker (Screen capture via Liniker/YouTube)

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.

Continue Reading

Popular