World
Election in India’s most popular state seen as crucial LGBTQ rights test
Right-wing Bharatiya Janata Party currently governs Uttar Pradesh
India’s most populous state and a battleground for Prime Minister Narendra Modi will hold the election in seven phases in February as theĀ Election Commission of India has announced.
The Uttar Pradesh election is the key prize in India’s parliamentary election as the state holds 80 parliamentary seats, the most in the country. Uttar Pradesh’s LGBTQ community and LGBTQ people from across the country have been eyeing this election because it can play a crucial role in policy changes for the community in India.
The Bharatiya Janata Party (BJP), a right-wing nationalist party, is ruling Uttar Pradesh. The party is also ruling the country under Modi, but it has not been supportive of same-sex marriage.
“We are not a minority anymore. The community is thriving in the state,” said Lovpreet, a Lucknow-based activist who works for transgender rights in Uttar Pradesh. “If the current government is not going to give us the right for same-sex marriage, we should remove the government in this election.”
The ruling party is yet to release its election manifesto, but the party is not considering listing LGBTQ issues in it.
A newly married same-sex couple from New York last year applied for an OCI (overseas citizen of India) Card, which would have allowed them multiple entries and a multi-purpose life-long visa to visit India, but the country did not recognize them as legally married and refused to issue it to them.
The couple filed a petition in Delhi High Court. Solicitor General Tushar Mehta, who is the central government’s legal representative, stated in response to the petition that marriage is permissible between a “biological male” and “biological female” and the government therefore cannot issue an OCI Card to their spouse.
Although India struck down a colonial-era law that criminalized homosexuality in 2018, there is still no law for same-sex marriage. The LGBTQ community has been demanding for years that political parties legalize same-sex marriage, but the issue is yet to appear in any party’s manifesto.
Lovpreet, who lives in Uttar Pradesh, believes that BJP is doing some good, like forming a trans advisory board last September.
“BJP is slowly moving towards being LGBTQ friendly, and if given the time and opportunity, it can do some good in the future,” said Lovpreet.
The Indian National Congress (INC), a leading central left-wing party, is also fielding its candidate in the state election, but the party does not see LGBTQ issues as important.
Dr. Shashi Tharoor, an MP and chair of All India Professionals Congress, the INC’s professional wing, refused multiple requests to speak on the legalization of same-sex marriage. The INC last week released its manifesto for the Uttar Pradesh election, but there were no promises for the LGBTQ community.
Former Defense Minister Jitendra Singh, an INC member who will set the party’s agenda ahead of the Uttar Pradesh election, also refused to speak about the legalization of same-sex marriage and other LGBTQ issues in the state and the country.
Ram Gopal Yadav, the leader of the left-wing socialist Samajwadi Party and the head of the Council of States (Rajya Sabha), the upper house of the Indian Parliament, in 2013 while speaking with the media explicitly said that homosexuality is “unethical and immoral.” But the Samajwadi Party has recently changed its tone regarding the community.
“With every aspect, whether it is farmers, whether it is women, whether it is children or the LGBTQ community, there will be continuous policy measures of the party that are progressive and liberal,” said Samajwadi Party spokesperson Ghanshyam Tiwari. “When the government is progressive and not bounded by dogma, then every issue related to any community has to be looked at in a manner that gives equal opportunity and be empathetic towards them. The more vulnerable the community is, the greater government needs to do,” he added further.
The Mayawati Prabhu Das-led Bahujan Samaj Party, a national party that is running in the Uttar Pradesh election, has emerged as an LGBTQ ally. The party, however, has not released its election manifesto and it is yet to be seen if it will include LGBTQ issues.
There is no political party in Uttar Pradesh or the country with significant LGBTQ representation.
Tiwari in a statement to the Washington Blade said there is no plan yet for the Samajwadi Party to field candidates from the community in the upcoming election, but the party can consider it for the upcoming parliamentary election.
“The central government is not decriminalizing same-sex marriage. They are looking at the conservative vote bank,” said Preeti Sharma Menon, a spokesperson of the Aam Aadmi Party.
Aam Admi Party is a national party in the country. The party had fielded candidates in previous Uttar Pradesh elections but had no significant luck.
“To appease conservative voters, the ruling party, the BJP, is not taking steps to legalize same-sex marriage,” Menon added further.
The Aam Aadmi Party in the previous parliamentary election had a trans candidate from Uttar Pradesh. The party has expressed its desire to field other candidates in the state’s election from the community.
The BJP is ruling both the country and the Uttar Pradesh with no intention to support or address LGBTQ issues.
Senior BJP leader Sudhir Mungantiwar from the state of Maharashtra last year made several homophobic comments in Parliament. The party did not punish him, nor did other political parties condemn his statements.
It is yet to be seen how this election impacts policies of different political parties for the LGBTQ community in the upcoming parliamentary election of the country.
Mohit Kumar (Ankush) is a freelance reporter who has covered different stories that include the 2020 election in the U.S. and womenās rights issues. He has also covered NASA, the European Space Agency, the Canadian Space Agency and loves to help people. Mohit is on Twitter at @MohitKopinion and can be reached at [email protected].
India
India court allows transgender woman to participate in Armed Forces’ youth wing
Feb. 29 ruling in Kerala state upheld other judge’s decision
A Kerala High Court judge on Feb. 29 upheld another magistrate’s ruling that allowed a transgender woman to participate in the Indian Armed Forces’ youth wing as a female.
The High Court set aside a part of the order that directed the central government to amend the NCC Act to allow trans people to enroll based on their gender identity.
“When the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under section 6(2) of the NCC Act,” said Justice Anu Sivaraman. “In the light of the aforesaid provisions of the Transgenders Act and also in the light of the dictum laid down by the Apex Court in National Legal Service Authority (NALSA).”
The judge said that the court cannot direct the government to amend the law, but expressed hope that the Indian government would amend the NCC Act to expressly allow the entry of trans candidates to the NCC.
The Kerala High Court said that the fact that the National Cadet Corps Act does not recognize the third gender cannot be a reasonable justification to deny entry to a trans person.
Hina Haneefa had filed a petition with the High Court that challenged a section of the NCC Act that only allowed males and females under Section 6 of the law to enroll in the Cadet Corps.
“In view of the specific provisions of the 2019 act, a transgender person has the right to be recognized not only as a transgender but also a right to self-perceived gender, i.e. the female gender,” said Sivaraman. “The denial of enrolment is unsustainable. The petitioner will be entitled to participate in the selection process on the basis of her application. If she is successful, the petitioner will be enrolled in the NCC Unit.”
Haneefa is a trans woman who applied to enroll in the NCC after undergoing gender-affirming procedures and getting her identity card. The NCC denied her application.
Parliament in 2019 passed Transgender Persons (Protection of Rights) Act of 2019, which extended rights to trans people.
While talking with the Washington Blade, Kalki Subramaniam, an Indian trans activist, queer artist, entrepreneur and actor, said trans people in the country have to fight for the inclusion of trans people in all sectors.
“We have to go to the court, we have to fight with the system, then the high court directs the state and the central government to take inclusive steps. Again and again, repetitive,” said Subramaniam. “Why should trans people should struggle for everything? I am sure, the central government is working towards equality and inclusion because they recently published Equal Opportunity Policy for Transgender Persons. The government will consider this to include trans people in NCC. What I am looking for is the inclusion of transgender people in the Indian military. That could be a long term plan, but it is possible and ultimately rests in the government’s hands.”
Subramaniam expressed her firm belief that all Indian citizens, including members of the trans community, deserve the opportunity to serve the country. She emphasized the potential of trans individuals to contribute to national defense and public service, highlighting both the military and civil services as avenues for their inclusion. Subramaniam voiced her confidence in the central government of India’s willingness to address this issue and expressed hope for future action.
Souvik Saha, an LGBTQ activist and founder of People for Change, one of India’s premier advocacy groups, said he supports the Kerala High Court ruling.
“This decision is a significant step towards inclusivity and recognizing the rights of transgender individuals to participate fully in all aspects of society,” saidĀ Saha. “The NCC Act currently only allows for the enrollment of male and female cadets, which is discriminatory against transgender individuals and reinforces harmful binary gender norms. By ordering the central government to amend the NCC Act to accommodate transgender individuals, the Kerala High Court is acknowledging the need for legal protections and equal opportunities for all genders.”
Saha said the decision will set a positive precedent for other institutions and organizations to follow suit in recognizing and accommodating trans people. Souvik added it sends a clear message that discrimination based on gender identity is not acceptable and that trans people have the right to equal opportunities and access to resources.
“Moreover, allowing transgender individuals to enroll in the NCC provides them with valuable opportunities for personal development, leadership training, and civic engagement,” he said. “By participating in programs like the NCC, transgender individuals can gain skill, confidence, and a sense of belonging, which are essential for their overall well-being and success.”
“Overall, the Kerala High Court’s decision to allow a transgender woman to enroll in the NCC is a significant victory for LGBTQ rights and a crucial step towards creating a more inclusive and equitableĀ society,” he added. “It is imperative that the central government swiftly amends the NCC Act to ensure that transgender individuals are not excluded or discriminated against based on their gender identity.”
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 atĀ [email protected]. He is on Twitter at @mohitkopinion.Ā
World
Out in the World: LGBTQ news from Europe and Asia
Marriage equality advances in Liechtenstein, Thailand
UNITED KINGDOM
BY ERIN REED | FollowingĀ a recent decision in England by the National Health ServiceĀ to stop prescribing puberty blockers for transgender youth, former U.K. Prime Minister Liz Truss introducedĀ a billĀ that would outlaw gender-affirming care for trans youth. The bill would also eliminate any recognition of social transition and would define sex to exclude trans individuals in the Equality Act. Currently, trans youth can still access gender-affirming care throughĀ private clinics. However, Trussā bill ran into trouble on Friday when, instead of being debated, MPs spent hours deliberating over ferrets and pet names, exhausting the available time and preventing the bill from being heard.
As of this week, the National Health Service in England has declared that it will no longer permit trans youth to receive puberty blockers for gender dysphoria. Although the announcement sparked significant public backlash, its practical impact was somewhat mitigated by the extreme waitlist for care, which exceeds five years. Only a hundred trans youth had been prescribed blockers of the thousands waiting for an appointment. Importantly, the decision does not affect care through clinical research trials and does not affect private clinics ā a route many parents had already pursued due to the surging wait times at the limited number of NHS clinics providing care.
Truss introduced a bill aimed at curbing that latter route of obtaining care. The proposed legislation would criminalize the prescription of gender-affirming care to trans youth. It seeks to prevent āthe recognition of gender inconsistency in children,ā which is defined as āreferring to a child with language that is inconsistent with their sexā and ātreating a child in a manner that is inconsistent with their sex.ā However, the bill does not specify how boys and girls should be treated in accordance with the law. Additionally, it proposes amendments to the Equality Act to define sex to exclude trans individuals and end protections in bathrooms and other similar spaces.
See these lines from the bill here:
However, when the time arrived to debate bills, MPs diverted their attention to hours of discussions about ferrets and pet animal names within the context of an animal welfare bill. In one notable interaction, Labour MP Sarah Champion addressed Labour MP Maria Eagle, remarking humorously on the frequent mentions of ferrets:
Champion: āI am very interested in my honorable friendās, well, key mention of ferrets at every opportunity in this debate. Iād like to put on record that my brother had a ferret called Oscar.ā
(Laughter)
Eagle: āWell she has that now on the record. I donāt know really what else to say about that except that Iām sure that Oscar brought her brother great joy, and thatās what pets do, and Iām sure there are many other ferret owners who might attest to the same thing.ā
You can watch the exchange here:
In another exchange, even some conservatives appeared to be in on it, such as MP Mark Spencer, who spoke at length listing off of many pets that had been named and put on the record.
Spencer: āI am confident that Members of all parties will agree that animals have been of great support to individuals and families, particularly during COVID-19, when my pets were certainly of great support to me. Pets often help to keep people sane when they are under pressure in their everyday pursuits, so it would be remiss of me not to put on the record the names of my three dogs, Tessa, Barney and Maisie, and the name of my cat, Parsnip. There has been a proud tradition this morning of mentioning various pets, including: Harry, George, Henry, Bruce, Snowy, Maisie, Scamp, Becky 1, Becky 2, Tiny, Tilly, Pippin, Kenneth, Roger, Poppy, Juno, Lucky, Lulu, Brooke, Lucy, Marcus and Toby, who are the dogs; and not forgetting Perdita, Nala, Colin, who is sadly no longer with us, Frank, two Smudges, Attlee, Orna, Hetty, Stanley, Mia Cat, Sue, Sulekha, Cassio, Othello, Clapton, Tigger, who is sadly no longer with us, and Pixie, who are the cats.ā
The lengthy exchanges on pet names and ferrets ran the time out, and as such, the bill targeting trans people could not be heard. The lengthy discussion, which has since been referred to as a filibuster, echoes filibusters that have occurred in the U.S. to kill similar legislation, including recently in West Virginia on a bill that also would have defined sex in an identical way.
The exchanges provided a ray of hope for trans residents in England, which has been beset by anti-trans politics in recent years. Likewise, it was a sign that the Labour Party, whichĀ has previously beenĀ seen as ābackslidingā on trans rights, has not completely abandoned its transgender constituents. Though the bill is not officially dead, it has been placed at the bottom of the priority list for March 22, meaning it almost certainly will not be debated, with government sources calling the billĀ āunworkable.ā
For those who advocate for trans rights, however, the ferret has become āan overnight symbol of trans resistanceā and a sign that anti-trans politics may be reaching their limit even in the U.K.
IRELAND
BY ROB SALERNO | The Irish people delivered a major rebuke to the political establishment by voting overwhelmingly against a pair of constitutional referendums that had been endorsed by all parties which would have amended language in the constitution that says a womanās place is in the home, and that families are based on marriage.
The government had held the referendum on International Womenās Day, March 8, in a symbolic move, and turnout was measured at 44.4 percent. Results were announced the following day.
Irelandās gay prime minister, Leo Varadkar, accepted defeat Saturday.
āIt was our responsibility to convince the majority of people to vote āyesā and we clearly failed to do so,ā Varadkar said.
The first question, which was defeated 67 percent to 33 percent, asked voters to add the words āwhether founded on marriage or on other durable relationships,ā to the constitutionās definition of āfamily,ā in order to be more inclusive of diverse family types.
The second question, which was defeated by a similar margin, as voters to delete a clause that says āthe State recognizes that by her life within the home, woman gives to the State a support without which the common good cannot be achieved. The State shall, therefore, endeavor to ensure that mothers shall not be obliged by economic necessity to engage in labor to the neglect of their duties in the home.ā
Critics say the language promotes sexist gender stereotypes. The revised language would have used gender-neutral language to recognize āthe provision of care, by members of a family to one another.ā
Advocacy group LGBTQ Ireland had called for people to vote āyesā to both referendums, āso all children and families, including LGBTQ families, are recognized equally in the constitution.ā
But a persuasive ānoā campaign had arisen that alleged the revision would have struck womenās privileges and rights. Forces aligned against the referendum included some progressive and feminist groups that alleged the proposed language was unclear and lacked consultation.
Irish voters have in recent years approved a number of progressive reforms to their constitution, including streamlining the divorce process in 2019, legalizing abortion and decriminalizing blasphemy in 2018, and legalizing same-sex marriage in 2015.
LIECHTENSTEIN
BY ROB SALERNO | The tiny principality of Liechtenstein got one step closer to full equality for LGBTQ people as its parliament approved a bill to legalize same-sex marriage with a 24-1 vote, bringing a years-long process nearly to a close.
Local LGBTQ advocacy group FLAY expressed gratitude to members of Landtag, the Liechtenstein parliament, for advancing the law last week.
āThank you for 24x āyesā in the Landtag,ā the group posted to its Facebook page.
āFLay the association for the queer community in Liechtenstein is very happy that 24 out of 25 deputies in parliament voted in favor on todayās first reading. Keeping in mind the completely blocked situation only 3 years ago, the denial of our government for participating any public discussion, we can be more than proud and happy on our successful steps towards the legitimation of the civil marriage for all,ā Stefan Marxer, a FLay board member told the Washington Blade in an email.
The marriage bill is expected to pass second reading before the summer parliamentary break, and come into effect by Jan. 1, 2025, unless a referendum is called on the issue.
The tiny country of about 40,000 people, about the size of D.C., has made major progress on advancing LGBTQ rights in the last decade, though the International Gay and Lesbian Association-Europe ranked the country 38th among 49 European countries in its annual survey of LGBTQ rights on the continent last year.
Liechtenstein has allowed same-sex couples to form registered partnerships with limited rights since 2011. The registered partnership law was subject to a referendum after gay rights opponents collected more than 1,000 signatures demanding it. The law was approved by voters 69 percent to 31 percent.
A same-sex couple had sued the state seeking the right to marriage in 2017, but ultimately lost when the state court ruled that the ban on same-sex marriage was not unconstitutional. However, the court did find that the law banning same-sex couples from adopting was unconstitutional and ordered the country to amend the law. It eventually did so last year.
Discussion of marriage equality began in earnest in Liechtenstein after neighboring Switzerland passed its same-sex marriage law in its parliament in 2020.
One obstacle was the prince, who wields significant executive authority in Liechtenstein compared to other European monarchies. In 2021, Prince Hans-Adam II said that while he supported same-sex marriage, he would not support adoption rights. That obstacle seemed to disappear when the state court ordered the government to legalize full adoption rights. By 2022, Hans-Adamās son Alois, who governs as regent, told a magazine that same-sex marriage was ānot a problem.ā
The Catholic Church had also intervened, with former Archbishop of Liechtenstein Wolfgang Haas leading a campaign against the bill and cancelling a traditional service at the opening of last yearās Parliament in protest. Haas retired last autumn.
Despite broad agreement among legislators, the same-sex marriage law has taken a slow path through Parliament. In November 2022, Parliament voted 23-2 asking the government to bring forward a same-sex marriage bill. The government held a three-month-long public consultation on same-sex marriage last year before putting the bill on the agenda for Parliamentās March 2024 meeting.
Under the marriage bill, the country will stop registering new partnerships, and people in partnerships will have the option of converting them to marriages or keeping them as they are. All other rights will be equalized.
Liechtenstein is the last German-speaking country to legalize same-sex marriage. Around the world, 37 countries have legalized same-sex marriage, including 21 countries in Europe. The most recent country to legalize same-sex marriage is Greece, and Thailand is expected to pass a same-sex marriage law later this year.
JAPAN
BY ROB SALERNO | Two courts ruled this past Thursday that Japanās ban on same-sex marriage is unconstitutional, increasing pressure on the government to legalize it.
District courts have been weighing same-sex marriage since several coordinated cases were filed across the country in 2019. Along with Thursdayās ruling from the Tokyo District Court, five district courts have ruled that the ban on same-sex marriage was unconstitutional, while one court has upheld the ban. A seventh district court case was filed last month.
But on Thursday, the Sapporo High Court delivered the first ruling on same-sex marriage at the appellate level, and same-sex couples won there, too.
So far, all courts have dismissed claims for monetary compensation.
Itās likely that all of the cases will end up at the Supreme Court.
In a statement released after the ruling, the plaintiffsā lawyers called on the government to act swiftly to protect their rights.
āI would like to reiterate that this shows that there is no time left for legal reform. The government should take seriously this judgment that found this provision to be unconstitutional … and promptly amend the law to allow marriage between same-sex couples,ā the statement says.
Under Japanās legal system, courts rarely invalidate or amend laws that are ruled unconstitutional, leaving that to the legislature.
But Japanās national government has long been cold to LGBTQ rights. Last year, queer activists had hoped that the government would finally pass a long-demanded anti-discrimination bill, but by the time it was put before the legislature, it had been watered down to a bill that only calls on the government to promote understanding of LGBTQ people.
At the local level, queer activists have seen greater success. Twenty-nine of Japanās 47 prefectures, as well as hundreds of municipalities, have enacted partnership registries for same-sex couples that at least afford some limited rights.
THAILAND
BY ROB SALERNO | Same-sex marriage could soon be a reality in the Southeast Asian country, as a bill to legalize cleared its first test in the legislature Thursday.Ā
A committee set up by the House of Representatives to examine the bill approved it, setting it up for a final vote in the House on March 27. After that, it will need to be approved by the Senate, which is dominated by appointees of the former military junta that ruled the country until 2017. It is expected that the bill will pass into law by the end of the year.
The proposed bill gives same-sex couples equal rights to married heterosexual couples, including in inheritance, tax rights and adoption.
Same-sex marriage and LGBTQ rights generally have become a major political issue in Thailand in recent years, with queer people becoming increasingly visible and demanding greater equality.
Parties promising to legalize same-sex marriage and promote LGBTQ rights were the major victors of last yearās election, although the leading party was controversially disqualified from forming a government due to its support for reforming laws that penalize disparaging the monarchy, which was deemed unconstitutional. Nevertheless, the parties that formed government agreed to pass a same-sex marriage law, and last December, the house voted overwhelmingly to approve in principle a series of draft marriage bills.
The new government has also signaled that it will soon introduce a bill to facilitate legal gender change for trans people, and has begun a campaign to provide free HIV medication as an effort to eliminate HIV transmission by 2030.
Reporting by Erin Reed and Rob Salerno
Africa
Burundi’s president reiterates LGBTQ people should be stoned in a stadium
Ćvariste Ndayishimiye first made comment last December
Burundian President Ćvariste Ndayishimiye on March 8 reiterated his call for LGBTQ people to be stoned in a stadium.
Ndayishimiye made the remark during the commemoration of the International Women’s Day in Gitega, the country’s political capital. He first called for the public stoning of LGBTQ people lastĀ December during a public event.
LGBTQ activists sharply criticized the comments and some international diplomats even threatened to cut economic ties with Burundi. Ndayishimiye, however, seems unmoved by this pushback and maintained that if it meant if his nation would cut economic ties with the developed countries on the basis of his anti-LGBTQ stance then so be it, reaffirming that nothing will change his stance.
JĆ©sus Dior Kant, a gay man and LGBTQ activist from Burundi, said the president’s remarks are tantamount to publicly calling for the lynching of gay people.
“This violent and anti-LGBT+ rhetoric endangers the lives of many individuals in Burundi and stains the nation’s commitment to human rights,” said Kant. “Such discourse not only incites homophobia and violence but also violates international human rights laws and norms that protect individuals regardless of their sexual orientation or gender identity.”
Kant also said what Ndayishimiye said now poses a real and immediate threat for LGBTQ people in the country.
“The impact of this statement is not merely rhetorical, it poses a real and immediate threat to the safety and well-being of the LGBT+ community in Burundi,” said Kant. “It encourages hate crimes, promotes discrimination and undermines progress made towards equality and justice. This is not just a problem for the LGBT+ community but a stain on the moral fabric of our global society, reflecting on us all.”
Kant called for Ndayishimiye to immediately withdraw his remarks and commit to protecting the rights of LGBTQ people in the country.
“Your call to stone gay individuals constitutes a blatant violation of human rights and an incitement to violence and discrimination,” said Kant. “We implore you to take the necessary measures to withdraw your statement advocating violence against the LGBT+ community, commit to protecting LGBT+ individuals in Burundi by enforcing laws that guarantee rights and well-being and respecting international human rights conventions, ensuring that Burundi is a nation that respects and values every human life.”
ClĆ©mentine de Montjoye, a researcher at Human Rights Watch’s Africa Division, said the anti-LGBTQ crackdown in Burundi could become worse, including continued political repression and restrictions on freedom of expression to maintain the governing partyās control.Ā
“This type of fearmongering is not new in Burundi, where sexual relations between people of the same sex have been illegal since former President Pierre Nkurunziza signed a new criminal code into law in 2009,” noted de Montjove. “The law was a fierce blow to Burundiās LGBT people, who had begun to come out and organize, albeit in small numbers, to demand their rights be respected.”
De Montjove further noted the National Assemblyās human rights commission added the anti-homosexuality provision in the 2009 criminal code at the last minute, apparently under pressure from Nkurunziza, who made statements on television that described homosexuality as a curse.
“Ndayishimiye, who presents himself as a progressive, rights-respecting leader, should be working to reverse this trend rather than stoking more fear and hatred,” said de Montjoye.
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