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Kenya bill seeks to ban gays from having children via surrogate

Country’s Senate expected to debate bill next month

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A bill that is currently before Kenyan lawmakers would prohibit gays and lesbians from using surrogate mothers to have children.

The proposed law ā€” dubbed the Assisted Reproductive Technology Bill, 2019, passed last November by the National Assembly ā€” seeks to assist individuals, including intersex people or couples unable to bear children due to infertility to procure surrogate mothers.

To lock out gays and lesbians, the MPs amended the bill by replacing ā€œhusband and wifeā€ to ā€œcoupleā€ under Kenyan law, which refers to a male and a female who are in an association that may be recognized as a marriage.

ā€œOf the many amendments that have been carried, this one is the best. This is so that we be specific that in Kenya, we do not recognize marriages between people of the same gender,ā€ MP David Ole Sankok stated during the debate in the National Assembly. Ā 

Any gay or lesbian found guilty of using a surrogate mother to have a child risks a fine not exceeding Sh5 million ($50,000) or a jail term of not more than five years or both. The bill would also require a qualified medical doctor to certify that an individual is infertile before proceeding to find a surrogate mother.

This requirement is not only a big blow to thousands of gays and lesbians in Kenya but also hundreds of surrogate mothers like Mary and Rebecca in Nairobi who, through the Find Surrogate Mother public website, carry pregnancies for all couples including heterosexuals, gays, lesbians, single women and single men who want to have children.

The proposed law, which is the first of its kind in Kenya, also criminalizes engaging in surrogacy to make money. This means surrogate mothers will no longer carry pregnancies for any individual or couple whose infertility is not proved by a doctor.

Currently, the overall cost of surrogacy in Kenya is estimated at Sh4.5 million ($45,000).

ā€œA person who contravenes the provisions of this section commits an offense and shall, upon conviction, be liable to a fine not exceeding Sh5 million ($50,000) or to imprisonment for a term not exceeding five years, or to both,ā€ reads Clause 23 of the bill.

A special directorate under the Health Ministry would oversee surrogacy activities in the country. The bill requires a surrogate mother to be over 21 years old with at least one child.

The new law adds to other punitive laws against LGBTQ rights in the country.

The Kenyan Penal Code under Sections 162 and 165 criminalize consensual same-sex sexual relations viewed as “acts of indecency or unnatural offenses.”Ā The Penal Code also forbids gays and lesbians from adopting children.Ā Ā 

The passing of the bill in November occurred barely four months after U.S. Transportation Sec. Pete Buttigieg and his husband Chasten broke the news of welcoming their twins to the world.

Buttigieg via a tweet said, ā€œChasten and I are beyond thankful for all the kind wishes since first sharing the news that weā€™re becoming parents. We are delighted to welcome Penelope Rose and Joseph August Buttigieg to our family.ā€

It remains unclear whether the couple had their babies via surrogate or if they adopted them.

Kenya, just like most African countries, has refused to recognize the rights of the LGBTQ community despite pressure from the group and Western countries.     

For instance, in 2015 President Uhuru Kenyatta during a joint press conference with the then-U.S. President Obama at the State House in Nairobi flatly rejected his visitorā€™s demand for the protection and promotion of gay and lesbian rights in the country.

Kenyatta insisted that though Kenya ā€œshares a lot with the U.S., gay rights were not among them.ā€ Homosexuality is considered both ungodly and against African culture on the continent. Ā 

In July 2021, a coalition of 27 global companies like Microsoft, Google, Barclays, Standard Chartered, IBM, PricewaterhouseCoopers, American Express and Burberry demanded Kenya to fully recognize the rights of gays and lesbians for more billions of Kenyan shillings to be injected into the economy.

The global firms in a report dubbed “The Economic Case for LGBT+ Inclusion in Kenya” warned that the country loses between $65 million and $143 million annually because its discriminative environment was keeping away some tourists. Still, Kenya remained unbowed.   

Several rights groups like the National Gay and Lesbian Human Rights Coalition and UNAIDS has criticized the continued enactment of laws that discriminate against the LGBTQ community.

The National Assemblyā€™s Health Committee, the sponsor of the surrogacy law, collected views from numerous key stakeholders in the health sector like the Intersex Persons Society of Kenya which has a population of 1,524 in Kenya as per the 2019 Census. However, the Gay and Lesbian Coalition of Kenya, (GALCK), was notably sidelined in the committee’s public hearings.

The Kenyan Senate is expected to debate the bill once it reconvenes on Feb. 8. The president would sign it if it passes.

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Peru

Victory Institute to honor Peruvian congresswoman at D.C. conference

Susel Paredes is first lesbian woman elected to country’s Congress

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Peruvian Congresswoman Susel Paredes. (Photo courtesy of Susel Paredes)

The LGBTQ+ Victory Institute will honor Peruvian Congresswoman Susel Paredes at its annual International LGBTQ+ Leaders Conference that will take place in D.C. in December.

Paredes, a long-time activist who in 2021 became the first lesbian woman elected to the South American country’s Congress, will receive the 2024 LGBTQ+ Victory Institute Global Trailblazer Award.

Paredes and her wife, Gracia AljovĆ­n, married in Miami in 2016. The two women sued the Peruvian government after the country’s Constitutional Court denied their request to register their marriage. 

“It is a true honor and a recognition that I deeply value,” said Paredes in a post to her X account after she learned the Victory Institute will honor her in D.C.

Victory Institute Executive Director Elliot Imse described Paredes as “a true champion through her activism and political engagement for decades.”

“Her historic election to the Congress of Peru is just one of many testaments to her status as a true trailblazer who is exceptionally deserving of this honor,” added Imse.

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Mexico

Claudia Sheinbaum sworn in as Mexico’s first female president

Former Mexico City mayor pledged to continue supporting LGBTQ rights

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Mexican President Claudia Sheinbaum (Screen capture via PBS News Hour YouTube)

Mexican President Claudia Sheinbaum on Tuesday took office.

Sheinbaum, Mexico City’s former mayor who is a member of former President AndrĆ©s Manuel LĆ³pez Obradorā€™s leftist Morena party, on June 2 defeated XĆ³chitl GĆ”lvez of the opposition National Action Party and Jorge Ɓlvarez MĆ”ynez of the Citizensā€™ Movement.

Sheinbaum, who is also a scientist, is Mexico’s first female and first Jewish president.

First lady Jill Biden, Health and Human Services Secretary Xavier Becerra, Homeland Security Secretary Alejandro Mayorkas, U.S. Small Business Administration Administrator Isabel Guzman, and U.S. Rep. Nanette BarragĆ”n (D-Calif.) are among the American officials who attended Sheinbaum’s inauguration.

“Mexico and the United States are strong partners and close neighbors and we share deep political, economic, and cultural ties,” said President Joe Biden in a statement in which he congratulated Sheinbaum on her inauguration. “The United States is committed to continuing to work with Mexico to deliver the democratic, prosperous, and secure future that the people of our two countries deserve.” 

Sheinbaum before the election released a policy paper that reiterated her support for LGBTQ rights in Mexico. The platform, among other things, reiterated ā€œabsolute respect for diverse gender identitiesā€ and pledged to create ā€œpublic policies to (end impunity) and to eradicate hate crimes and violence against LGBTIQ+ communities because of gender and sexual orientation.ā€

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India

New Indian medical curriculum excludes guidelines for transgender patients

WPATH has called for global authorities to suspend national commission

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India’s National Medical Commission has introduced an undergraduate curriculum that does not include protections for transgender individuals and people with disabilities.

The National Medical Commission on Aug. 31 released the Competency-Based Medical Education (CBME) Curriculum 2024, scheduled for implementation in the 2024-2025 academic year. The curriculum sparked controversy by introducing “sodomy and lesbianism” as unnatural sexual offenses in undergraduate programs, prompting two international organizations to threaten to seek the suspension of the National Medical Commission over the issue.

The International Council for Disability Inclusion in Medical Education and the World Professional Association for Transgender Health (WPATH) have called for global authorities to temporarily suspend the National Medical Commission’s recognition by global authorities. The two organizations claim the new curriculum violates exiting laws that protect the rights of people with disabilities and LGBTQ individuals.

The National Medical Commission reintroduced several regressive ideas regarding the LGBTQ community, with a complete omission of transgender rights that contradicts Supreme Court guidelines and previous regulations. Leaders from the disability and trans communities wrote a letter to Union Minister of Social Justice and Empowerment Virendra Kumar in which they criticized the curriculum.

The revised curriculum removed key disability competencies and critical components related to trans health. 

On Sept. 5, as India observed Teacher’s Day, the National Medical Commission temporarily withdrew the guidelines, only to reintroduce them on Sept. 12 without addressing the controversial sections. Terms, such as “dignity” and “transgender,” were notably absent from the 466-page document.

The revised curriculum allocates eight hours to sports but no longer mandates the previously required seven hours for disability training. It uses terms such as “gender identity disorders” and refers to intersex people as “abnormalities,” retaining language from earlier medical perspectives.

The revised curriculum no longer classifies sodomy and consensual same-sex sexual relations between women as “unnatural sexual offenses.” The earlier version, however, included descriptions cross-dressing as a form of sexual perversion. It also categorized a range of behaviors ā€” including voyeurism, exhibitionism, sadism, and masochism ā€” together with necrophagia (the consumption of the dead) and necrophilia (sexual attraction to corpses) under a single category.

The earlier version did not include LGBTQ-inclusive language.

The revised curriculum includes education on topics that include informed consent for sexual intercourse, the history of gender and sexuality-based identities, and the legal background surrounding the decriminalization of adultery and consensual same-sex relationships. It also introduces lessons on paraphilia and paraphilic disorders, covering a range of atypical sexual fantasies and behaviors.

The National Medical Commission has not provided a specific explanation for including outdated concepts in the curriculum. Senior officials have, however, attributed the changes to an unintentional oversight, stating it was an error that led to portions of the 2022 curriculum being mistakenly reintroduced.

The National Medical Commission in 2022 updated six modules in forensic medicine and psychiatry to reflect societal and legal changes. These amendments included the decriminalization of consensual same-sex relationships. They aimed to educate students on informed consent and, within psychiatry, to address the spectrum of gender and sexual orientations. 

The curriculum was designed to prepare students to manage issues, such as gender dysphoria, intersex conditions, and sexual dysfunctions. These changes were based on recommendations from an expert committee formed under a Madras High Court ruling in a case involving a lesbian couple whose parents opposed their relationship, leading to a police complaint about their alleged disappearance.

The Madras High Court ruling noted queerphobia was being incorporated into the education of future doctors. 

The 2022 changes were seen as essential for the daily practice of medical professionals, as misinformation about consensual same-sex sexual relationships could result in some patients receiving inadequate care and treatment.

While the revised curriculum released on Sept. 12 does not include references to trans rights, the Transgender Persons (Protection of Rights) Act of 2019 explicitly requires medical colleges to incorporate trans health and develop health manuals for gender confirmation surgeries. The revised curriculum, however, does not reflect current standards of inclusivity and care.

Ankit Bhuptani, an LGBTQ rights activist and founder of the Queer Hindu Alliance, during an interview with the Washington Blade expressed disappointment over the new curriculum.

“It is not just about the NALSA judgment, but also the current government has been very actively talking about trans rights throughout their policy and their various programs,” said Bhuptani. “So, it’s quite surprising that it was not included and the government should have been more mindful. I hope, they rectify the error that was done earlier in terms of lesbians and other elements which were problematic.”

Ankit Bhuptani (Photo courtesy of Ankit Bhuptani)

Bhuptani also told the Blade the current government is open to receiving suggestions from the LGBTQ community.

“The government has met a few community members already, and I was one of them,” noted Bhuptani. “After the meeting, we requested that the community need to be consulted for larger LGBTQ rights. They have given their email IDs publicly so that where general public can send suggestions. So, I hope the community members who are raising these issues, will reach out and take this ahead as well.”

Bhuptani said he plans to raise the issue with the government.

Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.Ā 

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