Asia
Gay man recounts escape from Taliban-controlled Afghanistan
Group regained control of country on Aug. 15, 2021
Imran Khan is a gay man from Afghanistan.
An American soldier who texted him on Aug. 26, 2021, 11 days after the Taliban regained control of Afghanistan, told him to go to Kabul International Airport. Khan, along with a group of other LGBTQ and intersex Afghans and members of the country’s special forces, were able to pass through Taliban checkpoints after a mullah with whom they were traveling said they were going to their cousin’s house for a child’s funeral. The group of LGBTQ and intersex Afghans were able to enter the airport, but Khan and several soldiers who were members of the country’s special forces were outside the perimeter when a suicide bomber killed more than 180 people at a gate the U.S. Marines controlled. They returned after the attack, but were then forced to leave.
Khan was still in Kabul on Aug. 30, 2021, when the last American forces withdrew from the country.
Kabul Luftbrücke, a German group, on March 18, 2022, evacuated Khan from Kabul to Pakistan. Khan arrived in Germany less than a month later and now lives in Korbach, a city in the country’s Hesse state.
Khan’s partner and many other LGBTQ and intersex Afghans he knows remain in Afghanistan.
“I’m still hoping that an angel will come and will save their lives before the Taliban finds them,” Khan told the Washington Blade on Monday.
Khan is among the LGBTQ and intersex Afghans who have been able to leave Afghanistan since the Taliban regained control of the country.
Dane Bland, the director of development and communications for Rainbow Railroad, on Monday told the Blade the Toronto-based organization has been able to evacuate 247 LGBTQ and intersex Afghans to the U.S., the U.K., Canada and Ireland.
A group of 29 LGBTQ and intersex Afghans who Rainbow Railroad helped evacuate from Afghanistan with the help of the British government and two LGBTQ and intersex rights groups in the country — Stonewall and Micro Rainbow — arrived in the U.K. on Oct. 29, 2021. A second group of LGBTQ and intersex Afghans reached the country a few days later.
Taylor Hirschberg, a researcher at the Columbia Mailman School of Public Health who is also the Hearst Foundation scholar, said he has helped upwards of 70 LGBTQ and intersex Afghans and their families leave the country.
“I know that there are some people who are still fighting to get people out, but now it has come down to a trickle,” Hirschberg told the Blade on Monday.
A Taliban judge in July 2021 said the group would once again execute gay people if it were to return to power in the country.
A report that OutRight Action International and Human Rights Watch released earlier this year notes a Taliban official said his group “will not respect the rights of LGBT people” in Afghanistan. The report also documents human rights abuses against LGBTQ and intersex Afghans, including an incident in which the Taliban beat a transgender woman and “shaved her eyebrows with a razor” before they “dumped her on the street in men’s clothes and without a cellphone.”
OutRight Action International on Monday told the Blade that it has had “at least one confirmed report of the killing of an LGBTQ activist, police searching for another and several more reports of extrajudicial killing and other forms of persecution that are difficult to confirm given the danger to political witnesses.”
“The U.S. and other governments that profess support for human rights need to do more to ensure the Afghan regime respects fundamental rights of all Afghans and help those in danger to reach safety,” said OutRight Action International.
Bland said Rainbow Railroad “absolutely” feels “governments, including the governments of the United Kingdom, Canada and the United States, should be doing more to help LGBTQI+ Afghans fleeing the current crisis.”
Immigration Equality Legal Director Bridget Crawford on Monday noted her organization’s LGBTQ and intersex Afghan clients who “survived unspeakable trauma, both as a consequence of sharia law and existing brutal homophobic practices” are “now safely resettled in Canada.” Crawford nevertheless added that Immigration Equality recognizes that “many more queer people are still at grave risk in Afghanistan.”
“The Biden administration must prioritize these LGBTQ Afghans as refugees in the United States,” said Crawford. “President Biden himself has expressed that the U.S. has the good will and capacity to take in vulnerable refugees, but he must back up those words with action.”
State Department spokesperson Ned Price on Monday told reporters during a briefing that nearly 90,000 Afghans have been “evacuated or otherwise transported to the” U.S. since Aug. 15, 2021. Price also noted the U.S. has “facilitated the departure of some” 13,000 Afghans from Afghanistan since the last American troops withdrew from the country.
“There are a number of priorities, a number of enduring commitments we have to the people of Afghanistan,” said Price. “At the top of that list is to use every tool that we have appropriate to see to it that the Taliban lives up to the commitments that it has made publicly, that it has made privately, but most importantly, the commitments that the Taliban has made to its own people, to all of the Afghan people. And when we say all of the Afghan people, we mean all. We mean Afghanistan’s women, its girls, its religious minorities, its ethnic minorities. The Taliban has made these commitments; the Taliban, of course, has not lived up to these commitments.”
Price, who is openly gay, did not specifically refer to LGBTQ and intersex Afghans during Monday’s briefing.
Hirschberg said Canada, France, Germany and the U.K. have “come to bat” and “are really supporting getting LGBTQI Afghans out, along with others.” He told the Blade the U.S. has not done enough.
“We’re not seeing quite the eagerness from the United States, unfortunately,” said Hirschberg.
The Blade has reached out to the White House for comment on the first anniversary of the Taliban regaining control of Afghanistan and efforts to help LGBTQ and intersex Afghans leave the country.
Ukraine overshadows plight of LGBTQ and intersex Afghans
Russia on Feb. 24 invaded Ukraine.
The U.N. High Commissioner for Refugees notes more than 6 million Ukrainians have registered as refugees in Europe.
The European Union allows Ukrainians to travel to member states without a visa.
Germany currently provides those who have registered for residency a “basic income” that helps them pay for housing and other basic needs. Ukrainian refugees can also receive access to German language classes, job training programs and childcare.
Dr. Ahmad Qais Munhazim, an assistant professor of global studies at Thomas Jefferson University in Philadelphia who is originally from Afghanistan, has helped three groups of Afghans leave the country since the Taliban regained control of it.
Munhazim on Monday noted to the Blade his family has lived in a Toronto hotel room for three months. Munhazim also pointed out the treatment that Ukrainian refugees once they reach the EU, the U.K., Canada or the U.S.
“Countries of course would claim they were not prepared, but we can see that it was a very racialized response,” said Munhazim. “The way they responded to Ukraine, they weren’t prepared for that either, but we know that these borders immediately started opening up, assistance was offered in a very, very humanitarian way to Ukrainians just because they had blond hair and blue eyes, which was not offered to Afghans or Syrians earlier when they were fleeing Syria.”
Maydaa told the Blade that countries had “this huge concern about LGBT people coming from Afghanistan.”
“It was related to, I believe, terrorism and all this prejudgment of Afghan people,” said Maydaa. “I also think this is playing a huge role when it comes to resettlement and international action.”
Maydaa, like Munhazim, also noted the different reception that Ukrainian refugees have received once they reached the EU or the U.K.
“They, especially in Europe and the U.K., feel they have more responsibility towards Ukraine,” said Maydaa. “[There was] all this racism on the news. ‘They look like us. They are blonde, green eyes, white skin, Christians.'”
Netherlands
Thailand’s first openly gay senator attends World Pride in Amsterdam
Blade sat down with Pornchai Witayalerdpan on Aug. 7
Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key were on assignment in the Netherlands from July 28-Aug. 10.
AMSTERDAM — The first openly gay man elected to the Thai Senate says the law that extended marriage rights to same-sex couples in Thailand has positively impacted his country’s global image.
“It totally changed how the world perceived Thailand,” Sen. Pornchai Witayalerdpan told the Washington Blade on Aug. 7 during an interview at the World Pride Human Rights Conference in Amsterdam.
Thailand on Jan. 23, 2025, became the first country in Southeast Asia to allow same-sex couples to legally marry.
The marriage equality bill received final legislative approval in June 2024 when the Senate approved it by a 152-130 vote margin. King Maha Vajiralongkorn signed it a few months later. Then-Prime Minister Prime Minister Paetongtarn Shinawatra is among those who supported the law.
Witayalerdpan was a freelance interpreter before he took office in July 2024.
The independent senator noted Thailand’s marriage equality movement began to gain traction with a lawsuit that the Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed.
The Constitutional Court in 2021 upheld a law that defined marriage as between a man and a woman. MP Tunyawaj Kamolwongwat of the Move Forward Party later introduced the marriage equality bill that became law.
“It was a coalition of efforts between the civil society organizations, the LGBTQ organizations, and also the Pride movement in Thailand,” Witayalerdpan told the Blade.
Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.
The Nepalese Supreme Court in June issued a landmark ruling that ordered the country’s government to guarantee full marriage rights to same-sex couples.
The Japanese Supreme Court in March said it will consider six marriage equality lawsuits that have been filed in the country. The Indian Supreme Court in 2023 ruled against marriage rights for same-sex couples. South Korea is among the other Asian countries in which marriage equality efforts are gaining momentum.
Witayalerdpan said Thailand’s marriage equality law could have a direct impact in Japan, which is the only G7 country that does not legally recognize same-sex couples.
“It’s been nothing but a positive effect (in Thailand) after the same-sex marriage law (took effect),” he said.
InterPride, the organization that coordinates World Pride events, has announced Bangkok and Barcelona, Spain, are the two finalists to host the biennial event in 2030. (World Pride took place in D.C. in 2025.)
Witayalerdpan told the Blade that World Pride in Bangkok would further improve Thailand’s global image. He also said his fellow lawmakers, in turn, should pass LGBTQ rights bills — including proposals that would allow transgender people to legally change their name and gender and enable same-sex couples to have children via surrogates from in vitro fertilization. Witayalerdpan noted the most important bill to him is one that would strengthen Thailand’s LGBTQ-inclusive nondiscrimination law that took effect in 2015.
Impact of US funding cuts has ‘been very hard’
Witayalerdpan also offered advice to activists in the U.S. and elsewhere around the world.
“Keep on pushing forward,” he told the Blade. “I know that it’s hard for activists in Thailand as well.”
Witayalerdpan acknowledged the loss of U.S. government funding since the Trump-Vance administration took office — which has forced advocacy groups in Asia and elsewhere around the world to close — has “been very hard.” Witayalerdpan noted the global LGBTQ and intersex rights movement in response to these cuts has turned to the European Union, the U.K., Canada, and the Netherlands to help fill the gap.
“It’s very good that these countries are providing more funds to the activists in Asia than before because of the Trump situation,” he told the Blade. “It can increase their soft power as well.”
Witayalerdpan said American activists should “wish for a positive result in the mid-term elections.”
“Then there is some resistance,” he added.
Witayalerdpan specifically highlighted efforts to fight against the Trump-Vance administration’s efforts to restrict gender-affirming healthcare.
A federal court in Massachusetts on Aug. 15 struck down a key provision of a U.S. Department of Health and Human Service rule that would have limited access to gender-affirming care under the Affordable Care Act. Maryland and California are two of the 21 states that sued the Trump-Vance administration over the issue.
“You have to show more resistance … to show that we are still here and we will push back when we can,” said Witayalerdpan.
India’s Income Tax Department has opposed a same-sex couple’s petition that challenges Section 56(2)(x) of the Income Tax Act.
The provision exempts gifts between spouses from tax. The couple seeks the same benefit for their relationship.
At the center of the challenge is the explanation to the fifth provision of Section 56(2)(x). According to the petition, the provision excludes same-sex partners from the definition of “spouse.” The petition describes that exclusion as unconstitutional.
The provision defines “relative” to include an individual’s spouse, siblings, the spouse’s siblings, parents’ siblings, and other blood relatives.
Paiyo Ashiho and another petitioner, Vivek Divan, asked the Bombay High Court to recognize same-sex couples presumed to be in a marriage as “spouses” under the fifth provision to Section 56(2)(x).
A similar challenge is pending before the Karnataka High Court.
Bengaluru-based engineers Anurag Kalia and Akhilesh Godi have sought similar relief. Kalia said he wanted to give Godi a gold bracelet worth more than ₹115,500 ($1213.44.). The case remains pending.
The Prime Minister Narendra Modi-led government rejected the petition in an affidavit filed last year. It argued the plea was not legally tenable because it challenged no action or order of the Income Tax Department. Calling the petition an “abuse of process of law,” the government said the relief sought fell outside the scope of the Income Tax Act, 1961.
The government also argued the petitioners sought the benefits available to a “spouse” without legal recognition of their relationship. According to the affidavit, they had not placed on record any law recognizing their relationship as a marriage. It urged the court to dismiss the petition with costs.
The case returned to the spotlight on July 6, when the Bombay High Court heard the petition.
Justices B.P. Colabawalla and Firdosh P. Pooniwalla adjourned the matter after Solicitor General Tushar Mehta said he would appear on behalf of Modi’s government.
The petition comes nearly two years after the Indian Supreme Court’s marriage equality ruling.
In 2023, a five-judge Constitution Bench, in a 3-2 verdict, declined to recognize the constitutional validity of same-sex marriage in India. The country’s top court said MPs must decide whether to extend marriage rights to same-sex couples.
During the 2023 marriage equality hearings, lawyer Abhishek Manu Singhvi told the Supreme Court that marriage is a source of social validation, dignity, self-respect, fulfillment, and security. He argued that it also carries legal and civil benefits, including those related to taxation, inheritance, and adoption. Lawyer Anand Grover, who also appeared for the petitioners, told the court that marriage remains fundamental to the functioning of society and is necessary to access several state benefits, including joint tax benefits and surrogacy rights.
Chief Justice Dhananjaya Y. Chandrachud, in his minority opinion, said the Income Tax Act provides numerous tax benefits for payments made on behalf of a spouse, including deductions for life and health insurance premiums. He also noted that marriage confers several financial benefits on a spouse, including eligibility for gratuity, funeral expenses, medical benefits, and provident fund claims as the dependent of a deceased spouse.
In the marriage equality ruling, the Supreme Court recognized queer people cannot be discriminated against. The court said denying queer couples the material benefits and services available to heterosexual couples violates their fundamental rights.
While issuing directions to the federal, state, and territory governments; Chandrachud said the government should ensure there was no discrimination in access to goods and services. He also directed governments to sensitize the public about queer rights, establish a hotline for the queer community, create safe houses for queer couples, and ensure intersex children were not forced to undergo medical operations.
The petition is awaiting its next hearing before the Bombay High Court.
India’s tax system relies on both direct and indirect taxes, although its direct tax base remains relatively narrow. Individuals pay income tax at progressive rates of up to 30 percent, while consumers pay taxes on most goods and services through the Goods and Services Tax. The Income Tax Act also provides exemptions, deductions, and other tax benefits for eligible taxpayers, including those linked to family relationships and legal marital status.
India’s LGBTQ community is estimated to comprise between 135 million and 140 million people, or nearly 10 percent of the country’s population. Collectively, it is estimated to have a purchasing power exceeding $168 billion. The World Bank estimated that exclusion based on sexual orientation and gender identity cost India between $1.9 billion and $30.8 billion in lost economic output annually, or up to 1.7 percent of its gross domestic product.
India imposed a separate Gift Tax Act in 1958 to tax certain transfers of property made without consideration. Parliament repealed the law in 1998 to simplify the tax system and encourage genuine gifting. However, concerns over tax avoidance later prompted the government to bring gifts back within the Income Tax Act. Today, specified gifts exceeding prescribed limits may be taxed under Section 56(2)(x), subject to exemptions that include gifts received from relatives.
Under the Income Tax Act, gifts received from non-relatives exceeding ₹50,000 ($525.30) in a financial year are generally treated as taxable income, unless they qualify for a statutory exemption. Gifts received from specified relatives, including a spouse, are exempt from tax regardless of their value.
Tarun Khaitan — a research director and professor of public law at the London School of Economics Law School, honorary professorial fellow at Melbourne Law School, and associate fellow of the Bonavero Institute of Human Rights at the University of Oxford — told the Washington Blade the guarantee of equality and non-discrimination under India’s constitution was deliberately framed in broad terms because its framers envisaged that the understanding of those principles would evolve over time. They did not intend to freeze their meaning in 1950, he said. Instead, older and newer statutes alike must be interpreted in light of the constitution’s contemporary understanding.
“Constitutional values must inform the interpretation of all laws in India. It is well established in Indian jurisprudence that if a term can carry two meanings, the court will give it the meaning that complies with constitutional demands,” Khaitan said. “The term ‘spouse’ is not defined in the Income Tax Act, and unlike ‘husband’ or ‘wife’ is not a legal term of art in Indian family law. Its use by the Income Tax Act therefore is apt for judicial interpretation, which must be guided by the constitutional guarantees of equality and liberty.”
Asked how courts should balance respect for legislative choices with their constitutional responsibility to safeguard equality and dignity, Khaitan said he was not convinced that the legislature had made a clear choice in this case. He noted that the Income Tax Act uses the term “spouse” without defining it, adding that no other Indian law, to his knowledge, defines the term either. Its meaning has evolved over time, he said, pointing to the Oxford English Dictionary, which now defines a spouse as “a husband or wife, or a person joined to another in a comparable legally recognized union.”
Khaitan said the decision to restrict the meaning of “spouse” to different-sex married couples appeared to be the government’s interpretation rather than one expressly adopted by MPs. Even so, he said, courts have a duty to safeguard constitutional rights, although those rights are not absolute. The state, he said, must justify any restriction by demonstrating that it serves a sufficiently important public interest and that the limitation is proportionate to that objective.
“The extension of marriage would be a symbolic expression of equal acceptance of same-sex relations by law as well as a the extension of the bundle of material incidents that typically attach to it. Whether or not such extension happens, concerns such as inheritance, hospital visitation rights, decisions regarding end of life care, pensions etc affect the lives of same-sex couples as well as unmarried different-sex couples in a real, material sense,” Khaitan said. “There is no conceptual reason why the expressive salience of ‘marriage’ and the material incidents of a domestic partnership cannot be unbundled.”
Khaitan has had his scholarship cited by the Supreme Court in several constitutional cases, including Navtej Singh Johar v. Union of India, which decriminalized consensual same-sex relations, and Lt. Col. Nitisha v. Union of India, a landmark judgment on indirect discrimination.
Taiwan
Taiwan’s government has failed to update process to change gender markers on ID documents
Interior Ministry’s 2008 directive remains in place
More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.
On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.
In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation.
Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.
Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.
In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.
The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law.
The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.
In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard.
The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.
“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.
The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation.
The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.
The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.”
According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.
The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.
“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”
The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.
The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.
Black Educated Lesbians: A movement rooted in community
Hegseth uses transphobic slur while campaigning for Iowa congressman
What ‘Queer Eye for the Straight Guy’ can still teach us
I respect AOC, even though I often disagree with her
Chicago’s LGBTQ+ youth: Why their zip code still matters
Bros + romance + fantasy = ‘Bromantasy.’
PHOTOS: Nellie’s Drag Brunch
‘Maddie’s Secret’ defies campy expectations
Remembering Barbara ‘Boo’ Price, a pioneering force in women’s music
