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Guatemala lawmakers table same-sex marriage ban bill

Country’s president said measure violated international treaties

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Plaza de la Constitución in Guatemala City. (Washington Blade photo by Michael K. Lavers)

Lawmakers in Guatemala on Tuesday tabled a bill that would have formally banned marriage for same-sex couples and defined a family as a man and a woman who are raising children together.

Agencia Presentes, a website that covers LGBTQ-specific news throughout Latin America, noted members of the Guatemalan Congress voted 119-19 to table the “Law for the Protection of Life and the Family” bill. Agencia Presentes, which also reported 26 lawmakers abstained from the vote, posted a video that shows LGBTQ activists celebrating outside the Guatemalan Congress.

Lawmakers in the Central American country on March 8 approved the bill under which a woman who has an abortion would have faced up to 10 years in prison.

The Inter-American Court of Human Rights in 2018 issued a landmark ruling that recognizes same-sex marriage and transgender rights in the Western Hemisphere. Guatemala is among the countries in which the decision is legally binding.

President Alejandro Giammattei sent the bill back to Congress for further review because he said it would have violated international treaties.

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European Union

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

Activists celebrate landmark decision

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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 ā€œto transcribe into the civil register a certificate of same-sex marriage concludedā€ in Germany ā€œbetween a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.ā€

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.  

ā€œToday’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,ā€ said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. ā€œIt 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.ā€ 

ā€œWith 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,ā€ added ILGA-Europe Advocacy Director Katrin Hugendubel. ā€œThe EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.ā€

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.

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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ā€˜a decisive step’ against discrimination

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(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 ā€œsodomyā€ faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated ā€œconstitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to workā€ in the Dominican Republic.

ā€œFor decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,ā€ said Cristian GonzĆ”lez Cabrera, a senior Human Rights Watch researcher. ā€œThis ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.ā€

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.

ā€œThis 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,ā€ 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 ā€œWallyā€ 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.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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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 SĆ£o Paulo State, won for Best Portuguese Language Song for her song ā€œVeludo Marrom,ā€ Best Portuguese-Language Urban Performance for her song ā€œCajuā€ from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for ā€œCaju.ā€

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

ā€œI’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,ā€ said Liniker as she accepted her first Latin Grammy on Nov. 13. ā€œAnd 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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