European Union
Dutch constitution to ban anti-gay discrimination
Advocacy group describes vote as ‘historic victory’
The Upper House of the States General of the Netherlands, the supreme bicameral legislature of the kingdom, on Wednesday voted to amend Article 1 of the Dutch Constitution, expanding it to prohibit discrimination against someone because of a disability or sexual orientation.
In a 56–15 vote in the Dutch Senate, the proposal for amendment passed and is now headed to King Willem-Alexander for his royal assent and the Dutch government. Once approved it will be published in the Staatscourant, the official government publication that formally announces new laws in the kingdom.
LGBTQ advocacy groups and activists celebrated the vote.
Enshrining the rights of LGBTI people in the constitution is a “historic victory for the rainbow community,” said advocacy group COC Nederland. The Dutch LGBTQ rights group was founded in 1946 and is considered the oldest existing LGBTQ organization in the world.
Dutch media outlet NL Times noted that Article 1 states that everyone in the Netherlands “shall be treated equally in equal circumstances.” The following sentence goes on to explicitly mention several examples, including “religion, belief, political opinion, race or sex.” That list will now be expanded.
The procedure for such an adjustment takes years because it has to be voted on several times. With the Senate’s vote, that process has now been completed.
The change was the result of an initiative from coalition party D66 and left-wing opposition parties PvdA and GroenLinks that has developed over the course of 12 years. “You can rightly call this day historic!” said D66 MP Alexander Hammelburg, who helped defend the law in the Senate.
“A disability, or who you fall in love with, should never be a reason to be excluded,” said PvdA MP Habtamu de Hoop.
NL Times also reported that since 2004, COC Nederlands has advocated anchoring the rights of gay men, bisexual, transgender and intersex people in the Constitution. This has already happened in countries such as Sweden, Portugal, Malta, Mexico and South Africa.
An association representing people with physical and mental disabilities, or chronic illnesses, also called it a “historic” day.
“Adding the disability basis to Article 1 is historic news,” said Ieder(in) Director Illya Soffer.
“The government is given an additional task to permanently improve and strengthen the position of people with a disability. Not only in legislation, but also in practice,” Soffer continued.
Bulgaria
Top EU court issues landmark transgender rights ruling
Member states must allow name, gender changes on ID documents
The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.
The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.
“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.
A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.
“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.”
Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.
“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.”
“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.
European Union
European Parliament resolution backs ‘full recognition of trans women as women’
Non-binding document outlines UN Commission on the Status of Women priorities
The European Parliament on Feb. 11 adopted a transgender-inclusive resolution ahead of next month’s U.N. Commission on the Status of Women meeting.
The resolution, which details the European Union’s priorities ahead of the meeting, specifically calls for “the full recognition of trans women as women.”
“Their inclusion is essential for the effectiveness of any gender-equality and anti-violence policies; call for recognition of and equal access for trans women to protection and support services,” reads the resolution that Erin in the Morning details.
The resolution, which is non-binding, passed by a 340-141 vote margin. Sixty-eight MPs abstained.
The commission will meet in New York from March 10-21.
A sweeping executive order that President Donald Trump signed shortly after he took office for a second time on Jan. 20, 2025, said the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and dozens of other U.N. entities.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
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 “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
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.
“Today’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,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It 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.”
“With 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,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
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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