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U.S. provides support to LGBTQ groups in Ukraine, surrounding countries

Special envoy in regular contact with activists, groups

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Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad, spoke with the Washington Blade on March 18 about Russia's invasion in Ukraine and its impact on the country's LGBTQ community. (Photo courtesy of OutRight Action International)

The special U.S. envoy for the promotion of LGBTQ rights abroad on Friday said she and her office continue to provide support to advocacy groups in Ukraine and in countries that border it.

Jessica Stern told the Washington Blade during a telephone interview that she has held “multiple roundtables” with Ukrainian activists and organizations “to make sure that my office and I both have the relationships and then getting information directly from people on the frontlines.” Stern also noted she has also spoken with LGBTQ rights organizations in Poland, Hungary and other countries that “would be receiving LGBTQI Ukrainian refugees” and regional and international groups “that are closely monitoring and supporting LGBTQI Ukrainians in this incredibly difficult time.”

“The first and most important thing that the U.S. has been doing has been establishing contact with people who are advocating for and servicing LGBTQI Ukrainians, and then in all instances, trying to find ways to support them,” said Stern. “One of the things that’s been really important has been to identify the sort of patterns of human rights abuses, violations and vulnerability that they’re tracking that we need to be aware of.”

Stern said the State Department has “activated” its grant mechanisms to provide financial support to LGBTQ organizations in Ukraine and in surrounding countries.

“One of the things we’ve been focused on has been ensuring that LGBTQI Ukrainian organizations and LGBTQI organizations in the surrounding countries have the financial resources to provide emergency support to this population that finds itself facing double and triple discrimination,” she said.

Stern told the Blade a “top priority” is to ensure that humanitarian assistance to Ukraine “is distributed without discrimination.”

“One of the message that my office has been conveying and with working with others at the State Department to convey is that LGBTQI Ukrainian refugees are at heightened risk and that they should be supported and that anyone providing humanitarian assistance should actually be on the watch for instances of discrimination or violence they may be subjected to.”

Stern said her office has not received “too many stories of (discrimination) incidents, but we have to been able to sound the alarm.”

“The institutions and partners, we work with have been taking that seriously,” she said.

Russian airstrike kills Kharkiv activist

Stern spoke with the Blade less than a month after Russia launched its invasion of Ukraine.

A Russian airstrike in Kharkiv, Ukraine’s second-largest city that is less than 30 miles from the Russian border in the eastern part of the country, on March 1 killed Elvira Schemur, a 21-year-old law student who was a volunteer for Kharkiv Pride and Kyiv Pride. A group of “bandits” on the same day broke into the Kyiv offices of Nash Mir, an LGBTQ rights group, and attacked four activists who were inside.

“The case of Nash Mir was really horrific and really demonstrated the kind of opportunistic violence that LGBTQI persons, human rights defenders and organizations can be subject to right now by both state and non-state actors,” said Stern.

Stern told the Blade that activists have also said many transgender and gender non-conforming Ukrainians have decided to remain in the country because they cannot exempt themselves from military conscription.

“What I’ve been told is that many trans and gender non-conforming Ukrainians are sheltering in place, and even in some cases staying in places where they are at risk of being attacked by missiles and bombs and definitely in harm’s way simply because they’re concerned that they don’t have a way of being exempted from military conscription,” she said.

Stern cited the case of a trans man who tried to leave Ukraine and “in an effort to prove who he was, who he said he was, he was actually forced to remove his shirt and show his chest” at the border.   

“Unfortunately, that’s not the only humiliating and potentially violent incident that I’m hearing us,” she said.

Stern expressed concern about safety of gay men who are conscripted into the Ukrainian armed forces. Stern also noted “all women are at risk in times of war and conflict.”

“There’s absolutely a concern about the safety and well-being of lesbian and bisexual and trans and intersex women,” she said.

Challenges for LGBTQ Ukrainians ‘will be enormous’

Stern told the Blade the State Department is “working to provide as much support as possible for all Ukrainians that want to leave the country.”

She noted many LGBTQ activists in Ukraine with whom she spoke immediately after the invasion began said they did not want to leave. Stern acknowledged some of them have now fled the country.

“The invasion has just been so violent that even the most committed activists that people we both know have had to change their strategy,” said Stern. “So, in every instance where I’m hearing of an individual or a group that is at risk and wants to leave, we’re doing everything we can to help give them the support they need.”

“Most people do not become refugees,” she added. “You know, most people cannot leave … the global community should do everything we possibly can to affirm the human rights and provide support for Ukrainian refugees.”

President Biden shortly after he took office issued a memorandum that committed the U.S. to promoting LGBTQ rights around the world.

Ukrainian President Volodymyr Zelenskyy last November pledged his country would continue to fight discrimination based on sexual orientation and gender identity after he met with Biden at the White House.

Letters that Congressional LGBTQ+ Equality and Ukraine Caucuses sent to Secretary of State Antony Blinken on the eve of the invasion noted Ukraine in recent years “has made great strides towards securing equality for LGBTQ people within its borders and is a regional leader in LGBTQ rights.” These advances include a ban on workplace discrimination based on sexual orientation and gender identity and efforts to protect Pride parades.

Stern reiterated the challenges for LGBTQ people inside Ukraine “will be enormous” as the conflict drags on.

“In all war and conflict, anyone who is vulnerable and vulnerable before the conflict remains at heightened risk and even becomes at greater risk,” she said. “Where people have access to weapons and LGBTQI people are unsafe. In a context where the rule of law is weak, LGBTQI people are at risk as the Nash Mir case showed us immediately.”

“I’m very worried that discrimination and violence will rise for LGBTQI people in Ukraine,” added Stern. “I’m extremely concerned that the track record from the Russian government on these issues is a harbinger of danger for LGBTQI Ukrainians in Russian occupied parts of the country.”

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Chile

Chilean presidential election outcome to determine future of LGBTQ rights in country

Far-right candidate José Antonio Kast favored to win Dec. 14 runoff.

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From left: José Antonio Kast and Jeannette Jara. The two candidates to succeed outgoing Chilean President Gabriel Boric will face off in a Dec. 14 runoff. (Screenshots from José Antonio Kast/YouTube and Meganoticias/YouTube)

The results of Chile’s presidential election will likely determine the future of LGBTQ rights in the country.

While Congresswoman Emilia Schneider, the first transgender woman elected to Congress, managed to retain her seat on Sunday, the runoff to determine who will succeed outgoing President Gabriel Boric will take place on Dec. 14 and will pit two diametrically opposed candidates against each other: the far-right José Antonio Kast and Communist Jeannette Jara.

Schneider, an emblematic figure in the LGBTQ rights movement and one of the most visible voices on trans rights in Latin America, won reelection in a polarized environment. Human rights organizations see her continued presence in Congress as a necessary institutional counterweight to the risks that could arise if the far-right comes to power.

Chilean Congresswoman Emilia Schneider. (Photo courtesy of Emilia Schneider)

Kast v. Jara

The presidential race has become a source of concern for LGBTQ groups in Chile and international observers.

Kast, leader of the Republican Party, has openly expressed his rejection of gender policies, comprehensive sex education, and reforms to anti-discrimination laws.

Throughout his career, he has supported conservative positions aligned with sectors that question LGBTQ rights through rhetoric that activists describe as stigmatizing. Observers say his victory in the second-round of the presidential election that will take place on Dec. 14 could result in regulatory and cultural setbacks.

Jara, who is the presidential candidate for the progressive Unidad por Chile coalition, on the other hand has publicly upheld her commitment to equal rights. She has promised to strengthen mechanisms against discrimination, expand health policies for trans people, and ensure state protection against hate speech.

For Schneider, this new legislative period is shaping up to be a political and symbolic challenge.

Her work has focused on combating gender violence, promoting reform of the Zamudio Law, the country’s LGBTQ-inclusive nondiscrimination and hate crimes law named after Daniel Zamudio, a gay man murdered in Santiago, the Chilean capital, in 2012, and denouncing transphobic rhetoric in Congress and elsewhere.

Schneider’s continued presence in Congress is a sign of continuity in the defense of recently won rights, but also a reminder of the fragility of those advances in a country where ideological tensions have intensified.

LGBTQ organizations point out that Schneider will be key to forging legislative alliances in a potentially divided Congress, especially if Kast consolidates conservative support.

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Kazakhstan

Kazakh lawmakers advance anti-LGBTQ propaganda bill

Measure likely to pass in country’s Senate

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Kazakh flag (Photo by misima/Bigstock)

Lawmakers in Kazakhstan on Wednesday advanced a bill that would ban so-called LGBTQ propaganda in the country.

Reuters notes the measure, which members of the country’s lower house of parliament unanimously approved, would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.”

The bill now goes to the Kazakh Senate.

Reuters reported senators will likely support the measure. President Kassym-Jomart Tokayev has also indicated he would sign it.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Consensual same-sex sexual relations are decriminalized in Kazakhstan, but the State Department’s 2023 human rights report notes human rights activists have “reported threats of violence and significant online and in-person verbal abuse towards LGBTQI+ individuals.” The document also indicates discrimination based on sexual orientation and gender identity remains commonplace in the country. (Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, in August condemned the current White House for the “deliberate erasure” of LGBTQ and intersex people from the State Department’s 2024 human rights report.)

Russia, Georgia, and Hungary are among the other countries with propaganda laws.

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Turks and Caicos Islands

Turks and Caicos government ordered to recognize gay couple’s marriage

Richard Sankar and Tim Haymon legally married in Fla. in 2020

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From left: Richard Sankar and Tim Haymon. (Photo courtesy of Tim Haymon)

The Turks and Caicos Islands’ Court of Appeal has ruled the British territory’s government must recognize a same-sex couple’s marriage.

Richard Sankar, a realtor who has lived in the British territory for nearly three decades and is a Turks and Caicos citizen, married Tim Haymon in Fort Lauderdale, Fla., in 2020.

Haymon, who is American, in August 2021 applied for a spousal exemption under the Turks and Caicos’ immigration law on the basis of his status as a spouse that would have allowed him to legally live and work in the territory.

The Turks and Caicos’ Director of Immigration initially denied the application because its definition of marriage used does not include same-sex couples.

Haymon and Sankar filed their lawsuit in October 2021. The Supreme Court heard the case in November 2022.

The court in March 2024 ruled the government’s refusal to issue a work permit exemption for Haymon violates the Turks and Caicos’ constitution that bans discrimination based on sexual orientation. The government appealed the decision, and the Court of Appeal heard it in January 2025.

The Court of Appeal in September dismissed the government’s appeal. It released its decision on Oct. 27.

Stanbrook Prudhoe, a law firm in the Turks and Caicos, represents Haymon and Sankar.

“Just like any other spouse coming to the Turks and Caicos Islands and marrying a Turks and Caicos islander, we’re just wanting the same rights,” Haymon told the Blade during a March 2024 interview.

Haymon told the Blade he has received his “spousal certificate that gives me residency and the right to work” in the British territory in the British territory. The government appealed a 2022 Supreme Court ruling that ordered it to give him the certificate, but the Court of Appeals denied it.

The Supreme Court ordered the Director of Immigration to grant Haymon a residence permit. He told the Blade he received it on Monday.

The Turks and Caicos are a group of islands that are located roughly 650 miles southeast of Miami.

Consensual same-sex sexual relations have been decriminalized in the British territory since 2001.

The constitution states “every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.” The constitution also says “every person in the islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, color, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth, or other status.”

Then-Cayman Islands Grand Court Chief Justice Anthony Smellie in 2019 ruled same-sex couples can legally marry in the Cayman Islands. The Caymanian Court of Appeal later overturned the decision, and the British territory’s Civil Partnership Law took effect in 2020. 

Then-Bermuda Supreme Court Justice Charles-Etta Simmons in 2017 issued a ruling that paved the way for gays and lesbians to legally marry in the British territory. The Domestic Partnership Act — a law then-Gov. John Rankin signed that allows same-sex couples to enter into domestic partnerships as opposed to get married — took effect in 2018.

Bermuda’s top court later found the Domestic Partnership Act unconstitutional. The Privy Council, a British territories appellate court in London, upheld the law. It also ruled same-sex couples do not have the constitutional right to marry in the Cayman Islands.

The Turks and Caicos government has until Nov. 24 to appeal the Court of Appeals decision. It remains possible the Privy Council’s Judicial Committee could hear Haymon and Sankar’s case.

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