World
Transgender Mexicans receive amended birth certificates at country’s consulates
New policy announced Wednesday in Mexico City
Mexico’s Foreign Affairs Ministry on Wednesday announced transgender people who were born in Mexico can receive an amended birth certificate at any of the country’s consulates.
Foreign Affairs Secretary Marcelo Ebrard is among those who spoke at a ceremony at the Foreign Affairs Ministry in Mexico City where he and other officials detailed the policy. Trans Congresswomen Salma Luévano and María Clemente García attended alongside Sen. Malú Micher, trans activist Jessica Marjane, Global Equality Caucus Deputy Director Aron Le Fevre and Amicus Director Juan Pablo Delgado are among those who attended.
Amicus, an advocacy group that is based in the state of Guanajuato, represented two trans Mexicans who brought legal action after consulates in the U.S. denied their request for birth certificates that correspond with their gender identity.
Victory Institute International Programs Manager Mateo de la Torre in 2019 sought legal recourse, known as an “amparo” in the Mexican judicial system, after the Mexican Consulate in D.C. said it could not change the sex on his birth certificate.
Delgado earlier this week told the Washington Blade during a telephone interview from Guanajuato that one judge asked De La Torre to file his “amparo” in person in Tijuana because his signature did not correspond with the one on his Mexican ID. Delgado said a trans woman from Guanajuato filed her own “amparo” in 2021 after the Mexican Consulate in Houston said it could not issue her an amended birth certificate.
Trans Mexicans who want to receive an amended birth certificate need to provide their original document, but Delgado told the Blade that consulates can access them through a data base. De La Torre on Wednesday received an amended birth certificate at the Mexican Consulate in D.C.
“This birth certificate comes after a decade of living in my truth as a transgender man and after years of advocating for my right to be recognized as such,” De La Torre told the Blade. “In Mexico and abroad, many trans people face discrimination, violence and endless bureaucratic hurdles in their fight for legal recognition, and after all this time I am most grateful for the ability to vote in my country’s elections.”
“This new process has the possibility of being life saving for many of our most vulnerable community members, and I will continue to advocate for the day that all trans people living in Mexico are also afforded the right to a process that is free of discrimination and based on self-attestation,” added De La Torre.
Delgado described the new policy as “a great advancement towards the recognition of gender identity” in Mexico.
“It’s a super important advancement,” said Delgado.
Delgado noted Mexico City and 18 of Mexico’s 32 states currently allow trans people to receive birth certificates that correspond to their gender identity.
The Mexican Senate has passed a bill that would codify the Foreign Affairs Ministry policy into law. The measure is now before the Mexican Chamber of Deputies, which is the lower house of the country’s Congress.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
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.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
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.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
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.
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