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Inter-American court rules in favor of lesbian religion teacher in Chile

Sandra Pavez Pavez fired in 2007

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Sandra Pavez Pavez (Photo courtesy of Movimiento de Integración y Liberación Homosexual)

The Inter-American Court of Human Rights on Wednesday ruled Chile is responsible for the discriminatory treatment of a teacher who was removed from her position in 2007 because she is a lesbian.

Sandra Pavez Pavez had worked as a Catholic religion teacher since 1985 at Colegio Municipal Cardenal Antonio Samoré in San Bernardo, a city that is just south of the country’s capital of Santiago. The Chilean Catholic Church on July 25, 2007, revoked her certification that the Chilean Ministry of Education required to work as a religion teacher.

The reason?

Pavez came out as a lesbian after a rumor indicated she was in a relationship with another woman. Pavez also refused to undergo psychological and psychiatric therapies the church offered her in order to change her sexual orientation.

The clergy acted under the Ministry of Education’s Decree 924, which the Pinochet dictatorship issued in 1983, that “regulates religion classes in educational establishments” and empowers churches to decide who may or may not teach the subject.

El Movimiento de Integración y Liberación Homosexual (Movilh), Chile’s main LGBTQ rights group, appealed the decision to the San Miguel Court of Appeals. It was rejected and the Supreme Court upheld the ruling.

Both Chilean courts ruled Pavez had not suffered discrimination under Decree 924, so Movilh sued Chile in the Inter-American Court of Human Rights.

More than a decade later, the court ruled “the State of Chile is responsible for the violation of the rights to equality and non-discrimination, personal liberty, privacy and work, recognized in the American Convention on Human Rights, to the detriment of Sandra Pavez Pavez, for the discriminatory treatment she suffered … based on her sexual orientation.”

“At no time were the effects that this measure would have on Sandra Pavez Pavez’s personal life or on her teaching vocation taken into account,” reads the decision. “The court determined that the right to work was compromised to the extent that, through the reassignment of functions, her teaching vocation was undermined and constituted a form of job demotion.”

As part of the resolution, the court ordered comprehensive reparation measures that include a public act of recognition of international responsibility and guarantees of non-repetition.

Chile is also required to amend its policies towards educational institutions, pay Pavez $35,000 in material and non-material damages and another $30,000 in costs and expenses.

‘This is a historic moment’

Pavez retired in January without being able to return to the classroom.

“I am very happy because from now on, with this sentence, in no country in America will teachers, and in particular religion teachers, be able to be discriminated against because of their sexual orientation or gender identity,” said Pavez. “Religious freedom and the right of parents to educate their children can no longer be used as an excuse to discriminate against LGBTIQA+ people. This is a historic moment not for me, but for all discriminated people.”

“It was 15 years of struggle after my country denied me the right to practice the profession I studied and loved so much,” she added. “I regret that the discrimination I suffered at the hands of the church and the Supreme Court was accompanied by the total silence of successive governments in Chile, which never showed solidarity with my cause. I trust that the current government will turn things around and fully comply with the sentence.”

Movilh President Rolando Jiménez said “we are in the presence of an act of justice in the face of some of the most brutal abuses suffered by a person because of their sexual orientation or gender identity in Chile.”

“In an unprecedented event in the world, Sandra Pavez has defeated the State, but also all the churches in the country that last year united for the first time in its history to appeal to the Inter-American Court to deny rights to the teacher under an alleged religious freedom,” added Jiménez. “The court has been clear, the State cannot discriminate on the basis of sexual orientation or gender identity, nor can it allow churches to do so. This is a landmark ruling, a double triumph over religious and State abuses.”

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Cuba

Cuban lawmakers to consider simplifying process for trans people to change IDs

National Assembly in July will reportedly debate proposal

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A transgender Pride flag flies over Mi Cayito, a beach east of Havana. (Washington Blade photo by Michael K. Lavers)

Cuban lawmakers are reportedly poised to consider a proposal that would allow transgender people to legally change the gender marker on their ID documents without surgery.

Cubadebate, a government-run website, on May 11 referenced the proposal in an article about an International Day Against Homophobia, Biphobia, and Transphobia march in Havana that the National Center for Sexual Education organized.

Mariela Castro, the daughter of former Cuban President Raúl Castro who spearheads LGBTQ issues on the island, is CENESEX’s director.

Cubadebate notes the National Assembly in July will consider an amendment to the country’s Civil Registry Law that “for the first time would allow citizens to determine the sex on their identification cards without the need for a court order or gender assignment surgery.”

Argentina, Uruguay, Germany, and Malta are among the countries that allow trans people to legally change their name and gender without surgery.

Cuba’s national health care system has offered free sex-reassignment surgery since 2008, but activists who are critical of Mariela Castro and CENESEX have said access to these procedures is limited. Mariela Castro, who is also a member of the National Assembly, in 2013 voted against a measure to add sexual orientation to Cuba’s labor code because it did not include gender identity.

The Cuban constitution bans discrimination based on sexual orientation and gender identity, among other factors. Authorities routinely harass and detain activists who publicly criticize the government.

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Chile

Chilean lawmakers back report that calls for suspension of program for trans children

Country’s first transgender congresswoman condemned May 15 vote

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LGBTQ activists criticized Chilean lawmakers who endorsed a report that calls for the suspension of a program for transgender and nonbinary children. (Photo courtesy of Fundación Iguales)

The Chilean Chamber of Deputies on May 15 approved a report that recommends the immediate suspension of a program that provides psychosocial support to transgender and gender non-conforming children and adolescents and their parents.

The 56-31 vote in favor of the Investigation Commission No. 57’s recommendations for the Gender Identity Support Program sparked outrage among activists in Chile and around the world. Six lawmakers abstained.

The report proposes the Health Ministry issue a resolution against puberty blockers, cross-hormonalization, and other hormonal treatments for minors, regardless of whether they have been diagnosed with gender dysphoria. The report also suggests Chilean educational institutions should not respect trans students’ chosen names.

The report, among other recommendations, calls for a review of the background of all minors who are currently receiving hormone treatments. The report also calls for the reformulation of hormone therapy guidelines and sending this background information to the comptroller general.

Report ‘sets an ominous precedent’

Frente Amplio Congresswoman Emilia Schneider, the first trans woman elected to the Chilean Congress and a member of the commission, sharply criticized her colleagues who voted for the report.

“Today in the Chamber of Deputies the report of hatred against trans people was approved; a report that seeks to roll back programs so relevant for children, for youth, such as the Gender Identity Support Program; a program that, in addition, comes from the government of (the late-President) Sebastián Piñera,” Schneider told the Washington Blade. ”This is unacceptable because the right-wing yields to the pressures of the ultra-right and leaves the trans community in a very complex position.”

Schneider noted “this report is not binding; that is, its recommendations do not necessarily have to be taken into account, but it sets an ominous precedent.” 

“We are going backwards on such basic issues as the recognition of the social name of trans students in educational establishments,” she said.

Ignacia Oyarzún, president of Organizing Trans Diversities, a Chilean trans rights group, echoed Schneider’s criticisms. commented to the Blade. 

“We regret today’s shameful action in the Chamber of Deputies, where the CEI-57 report issued by the Republican Party was approved in a context of lies, misinformation and misrepresentation of reality,” Oyarzún told the Blade. “This only promotes the regression of public policies and conquered rights that have managed to save the lives of thousands of children in the last time.” 

Oyarzún added the “slogan ‘children first’ proves to be an empty phrase without content used by those who today promote measures that push to suicide a significant number of children for the fact of being trans.”

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group known by the acronym Movilh also condemned the approval of the report, calling it “transphobic” and accusing the commission of omitting the opinions of organizations and families that support the current policies. 

Movilh notes lawmakers approved both the Gender Identity Law and Circular 812, which promotes respect for trans students’ rights, within the framework of an agreement with the Inter-American Commission on Human Rights.

“The text of the approved report is scandalous, because it seeks to take away the access to health to trans minors, including denying them the psychosocial accompaniment that also includes their respective families,” said María José Cumplido, executive director of Fundación Iguales, another Chilean LGBTQ advocacy group. “Likewise, it attempts against school inclusion, since it intends to eliminate something as essential as the use of the social name in educational spaces. In short, it takes away rights and freedoms to trans people, especially to minors.”

Cumplido, like Schneider, pointed out that “although its content is not binding, we will be alert to the political and legislative consequences that it may produce and we will continue working to avoid setbacks with respect to the rights of trans people.”

The report’s approval reflects a global trend that has seen neighboring Argentina, the U.S., and other countries reserve policies for trans and nonbinary young people. The Peruvian Health Ministry recently classified gender identity as a mental illness, and lawmakers have passed a law that prevents trans people from using public restrooms based on their identity.

Casa Rosada in Buenos Aires, Argentina, last month. Argentina is among the countries that have curtailed the rights of transgender and nonbinary children. (Washington Blade
photo by Michael K. Lavers)

Experts and human rights activists warn the suspension of Chile’s Gender Identity Support Program and other programs could adversely impact the mental health of trans and nonbinary children who already face high levels of discrimination and are at heightened risk to die by suicide.

“We will defend the Gender Identity Support Program and the right to exist of trans children and youth across the country,” said Schneider. “I want to reassure the trans families of our country that we will not rest until our rights are respected and that we can continue advancing because there is still much to be conquered.”

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Iran

Underground queer network challenges Iranian regime

Homosexuality remains punishable by death in country

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(Image by Micha Klootwijk/Bigstock)

While global powers negotiate with Iran’s regime under Ayatollah Ali Khamenei to curb its advancing nuclear program, the oppressed LGBTQ community is building and operating a secret underground network to resist state-coerced sex reassignment surgeries. 

These surgeries, mandated for gay and lesbian people as a state-sanctioned alternative to execution for homosexuality, are part of Iran’s penal code that criminalizes consensual same-sex sexual relations. The network provides safe houses, forged identification documents, and covert communication channels to protect members from government raids and imprisonment.

Precise data on LGBTQ people prosecuted in Iran for resisting state-coerced sex reassignment surgeries over the past decade remains elusive, as the regime’s opaque judicial system obscures such cases under vague charges like “corruption on earth” or “sodomy.” NGOs, including 6Rang, report that thousands of gay and lesbian Iranians face pressure to undergo surgeries to avoid execution for same-sex conduct, with resistance often leading to arrests or harassment for violating gender norms.

Zahra Seddiqi Hamedani and Elham Choubdar, two prominent activists, in 2022 were sentenced to death for their social media advocacy, charged with “corruption” and “human trafficking,” though their convictions were overturned in 2023. Similarly, Rezvaneh Mohammadi in 2019 received a five-year sentence for promoting “homosexual relations,” a charge hinting at resistance to the regime’s heteronormative mandates.

Arsham Parsi in 2003 escalated his clandestine fight for Iran’s LGBTQ community by launching Voice Celebration, a secret Yahoo chat group where 50 queer Iranians, using aliases, exchanged coded messages to evade the regime’s surveillance. Operating like operatives in a shadow network, participants shared text messages about human rights and survival tactics, knowing a single breach could lead to torture or execution. Parsi, then 23, orchestrated the group’s encrypted communications, building a virtual lifeline that connected isolated individuals across the country until his cover was nearly blown, forcing a desperate escape in early 2005.

Parsi in an exchange with the Washington Blade revealed a defiant undercurrent in Iran, a movement too elusive to be called traditional resistance yet pulsing with covert rebellion against the regime. 

The state’s relentless push to force gay men into coerced surgeries — marketed as a “solution” to their sexuality — seeks to erase their identities through enforced conformity. Parsi, steering the International Railroad for Queer Refugees, disclosed how queer Iranians fight back with clandestine measures: Underground education to counter state propaganda, discreet psychological support to fortify resilience, and encrypted networks to forge secret alliances. These efforts, veiled to evade regime detection, dismantle the state’s narrative with every hidden signal and guarded connection.

“We are working to create a true grassroots resistance by empowering people to understand their identity, seek safe alternatives, and reclaim their agency despite the oppressive context,” said Parsi. “The Iranian regime’s policies are built on denial of sexual orientation and a forced alignment with a binary gender model.” 

“Rather than recognizing gay, lesbian, or bisexual individuals, the system pressures them — particularly gay men — to undergo irreversible surgeries in order to be legally tolerated,” he added. “This systemic violence creates deep psychological harm and compels many to resist, even quietly, to protect their truth. The lack of legal recognition and the threat of arrest, harassment, or blackmail fuels the underground defiance we see today. It’s not only resistance for survival — it’s a rejection of state-imposed identity suppression.”

IRQR, guided by Parsi, for nearly two decades has operated as a lifeline, orchestrating daring escapes and running a covert network for Iran’s hunted queer community. 

Parsi said his work relies on secret, encrypted channels — meticulously managed to avoid detection — to funnel at-risk individuals to safety, smuggle life-saving information, secure hidden safe houses, and deliver emotional support. Every operation faces threats not only from the regime’s security forces but also from Basij militia operatives who masquerade as queer individuals to infiltrate networks, heightening the peril for those marked by their identities.

Black-clad Basij militia members respond at the first signs of defiance; tearing through crowds on motorcycles with batons and guns at the ready, poised to crush any challenge to Iran’s regime. These paramilitary volunteers, bound by fierce loyalty to the Islamic Republic, serve as the state’s enforcers, their plainclothes operatives slipping into dissident networks to root out the defiant. 

The Basij fill queer Iranians with dread; their so-called morality patrols and digital traps stalking those who dare to exist outside the regime’s rigid norms.

“Their goal is not only to gather intelligence but to undermine, divide, and cancel the work of activists and organizations like ours,” said Parsi. “This divide-and-conquer strategy is designed to break solidarity and generate mistrust.” 

“We have seen numerous cases where trusted circles were compromised by these informants, and it has made our work — and survival — even more complex,” he further noted. “Despite this, we persist. Through our underground connections, we have helped thousands of queer Iranians seek safety, community, and ultimately, freedom.”

Parsi told the Blade that international support — through funding, advocacy, policy pressure, or amplifying his stories — can significantly strengthen his work to protect Iran’s persecuted queer community. He emphasized IRQR operates with limited resources, making global solidarity essential to improve outreach, enhance safety measures, and respond swiftly to those in need. Parsi underscored such support brings visibility to the crisis in Iran, reminding those at risk they are not forgotten while exerting pressure on a regime that thrives on silence and fear.

Arsham Parsi (Washington Blade file photo by Michael Key)

One of the things that Parsi’s underground network offers is online workshops that educate queer Iranians about how they can remain beyond the regime’s reach. 

He said these sessions, designed for safety and accessibility, encompass peer support, mental health education, digital security training, and guidance on refugee pathways. Parsi explained the workshops give vulnerable Iranians the tools to navigate persecution, defy state surveillance, and pursue escape, exposing the resilience of a community under relentless scrutiny.

“Due to the high risk of persecution in Iran, traditional protests are not feasible,” said Parsi. “Instead, acts of resistance take quieter forms — like anonymous storytelling which are just as powerful in building awareness and connection within the community. While discreet, these activities help create a sense of solidarity and empowerment among queer Iranians.”

Parsi, undeterred by Iran’s unyielding regime, asserted with measured confidence that while underground acts of defiance — living authentically, supporting one another, resisting forced medicalisation — may not shift policy overnight, they are already improving lives. He stressed these quiet rebellions that queer Iranians stage challenge the regime’s narrative of shame and invisibility, forging a resilient foundation for future change. Each act, Parsi emphasized, dismantles the regime’s grip, offering hope to those navigating a landscape of relentless oppression.

“At IRQR, we view each life saved, each network built, and each truth spoken as a small but powerful act of resistance,” said Parsi. “These are the seeds of future liberation. Over time, as they multiply and gain visibility — locally and internationally — they will help reshape the landscape for queer Iranians.”

ILGA Asia Executive Director Henry Koh said queer Iranians’ underground resistance is a powerful assertion of bodily autonomy and self-determination. He described it as a deeply courageous act in a regime where visibility invites immense personal risk, from arrest to execution. 

When asked by the Blade if the Iranian regime’s punitive measures against openly queer people fuel underground resistance, Koh responded unequivocally. 

“Absolutely,” he said. “The climate of criminalization and repression leaves little safe space for queer people to live openly. This forces many into secrecy or underground networks as a means of survival, resistance, and mutual support. Such conditions are not only unjust but also profoundly harmful to the well-being of LGBTIQ+ individuals.”

“It is important to distinguish between affirming gender-affirming care and any form of coercive medical intervention,” he added. “When states or authorities mandate medical procedures as a condition for recognition or safety, it constitutes a grave violation of human rights. Gender identity is deeply personal, and no institution should override an individual’s self-defined identity.”

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