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The road to decriminalization in Sri Lanka

Country’s Supreme Court this month ruled in favor of MP’s bill

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(Photo by rarrarorro/Bigstock)

Thanks to its colonial legacy, Sri Lanka is one of 67 countries in the world that still criminalizes same-sex sexual relations among consenting adults. Sections 365 and 365A of Sri Lanka’s Penal Code state that “carnal intercourse against the order of nature” (in other words, any type of sex that is considered unnatural) and “acts of gross indecency” are criminal offenses punishable by law, carrying a sentence of up to 10 years. While they do not specify that these offenses pertain to same-sex sexual relations anymore, they are most often used against the lesbian, gay, bisexual, transgender, intersex and queer/questioning (LGBTIQ) community. In addition, the Vagrancy Law and Section 399 of the Penal Code regarding “cheating by personation” (referring to impersonation) are also used against the LGBTIQ community in Sri Lanka, particularly against transgender individuals.

For eons, criminalization has led to arbitrary arrests, inhumane forceful anal examinations, degrading treatment etc. It has sanctioned discrimination, stigmatization, denial of basic human rights, harassment and violence towards LGBTIQ community by state officials in the criminal justice system and unfortunately by the wider public as well. This has led to social and economic marginalization and to the exclusion of LGBTIQ individuals and groups from vital services. EQUAL GROUND, the oldest and one of the truly diverse organizations in Sri Lanka, has been fighting relentlessly for over 19 years to decriminalize consenting same-sex relationships. This has been a roller coaster ride where EQUAL GROUND encountered political and social backlash, tackled online and offline threats, hate comments etc., but it has never given up. As they say, “Rome wasn’t built in a day, but they were laying bricks every hour.” Rather, the attacks and barriers motivated EQUAL GROUND to stand firmly and continue fighting the good fight. Due to its relentless hard work and support from allies, the international community and like-minded organizations, finally we are seeing decriminalization firmly on the table — something which seemed so far-fetched only a couple of years back. 

As mentioned earlier, the criminalization of same-sex sexual conduct in Sri Lanka has its origins in 19th century British colonial law. Introduced in 1883, section 365A originally criminalized “any act of gross indecency” between males. In 1995, when reforming the Penal Code — due to a private members bill in 1995 — the government ignored recommendations to repeal the provision and instead amended Section 365A from “male person” to “person,” bringing lesbian and bisexual women within its remit. Consequently, lesbian, bisexual, transgender and queer (LBTQ) women in Sri Lanka are extremely vulnerable to harassment, violence and discrimination by State actors and by society at large. At the same time, it perpetuates and reinforces the widespread societal stigma against LBTQ women, giving license to harassment and discrimination in employment, housing, education, health care and family relations, to name a few. Realizing and experiencing such discriminatory treatment, in 2018 Rosanna Flamer-Caldera, executive director of EQUAL GROUND (with the support of Human Dignity Trust) challenged the criminalization of lesbians and bisexual women in Sri Lanka by submitting a communication to the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) under the Optional Protocol in August 2018. This move was the first steppingstone towards initiating the process and talk of decriminalization. This ground-breaking case was the first time CEDAW considered an individual complaint relating specifically to the criminalization of lesbian and bisexual women. Flamer-Caldera sought a wide range of remedies, beginning with the repeal of criminalization of same-sex consensual relationships between adult women which is contrary to the Convention. She also sought amongst other things, the wider decriminalization of consensual same-sex activity in private between adults and effective protection from gender-based violence against women based on the intersection of their sex and sexual orientation. 

After years of struggle, finally in February 2022, the CEDAW committee ruled the judgment in Flamer-Caldera’s favor. The committee decided that Rosanna Flamer-Caldera’s rights had been violated by the criminalization of same-sex sexual intimacy in Sri Lanka. Moreover, the CEDAW committee urged the government to decriminalize same-sex sexual relations.

In August 2022 Parliamentarian and lawyer Premanath C. Dolawatte presented to Parliament a Private Member’s Bill to amend Sections 365 and 365A of the Penal Code of Sri Lanka with the aim of ensuring the rights of the LGBTIQ community. The bill was subsequently handed over to President Ranil Wickremesinghe where he stated that the government will not oppose the amendment. Dolawatte, at a public forum inclusive of major political parties including the Samagi Jana Balawegaya and Ceylon Workers’ Congress, also stated that he was hopeful that a majority of MPs in the House would support his bill and join the effort to protect the rights of the LGBTIQ community. A revised version of this gill was gazetted and presented to Parliament in March and April 2023 respectively. 

In September 2022, EQUAL GROUND was invited by MP Buddhika Pathirana (SJB) to put together a discussion on LGBTIQ inclusion, following which a proposal was made and accepted to (a) the Samagi Jana Balawegaya’s (SJB) National Reforms Committee to incorporate LGBTIQ rights in their party manifesto, (b) sensitize SJB parliamentarians and politicians on sexual orientation and/or gender identities/expressions (SOGIE) issues. This discussion was attended by LGBTIQ activists, lawyers, healthcare professionals, business personnel as well as politicians from the SJB party including the party leader Mr. Sajith Premadasa, who is also the current leader of the opposition.

In December 2022, EQUAL GROUND submitted the Universal Periodic Review (UPR) report (4th cycle), in collaboration with the Center for International Human Rights of Northwestern Pritzker School of Law in Chicago. In this joint submission, as remedial measures EQUAL GROUND sought to decriminalize consensual same-sex sexual conduct by repealing Penal Code Section 365 and 365A and ensuring that Penal Code Section 399 and the Vagrants Ordinance are not misused to target LGBTIQ persons. In February 2023, at the U.N. Human Rights Council’s Universal Periodic Review Working Group session (42nd session), the U.S., the U.K., Canada, New Zealand and Norway, among others, urged Sri Lanka to decriminalize same-sex relationships. Responding to all the recommendations, Minister of Foreign Affairs, President’s Counsel (PC) M.U.M. Ali Sabry assured that the government would work towards decriminalization, however same-sex marriage would not be legalized. Referring to the Private Member’s Bill, he stated that the government will support its position of decriminalizing same-sex relationships.

A petition was presented to the Supreme Court in April this year challenging the constitutionality of the bill to amend the Penal Code. After hearing more than a dozen petitions on both sides of the argument, the Supreme Court has determined that a private member’s bill seeking the decriminalization of homosexuality is not inconsistent with the Constitution. The decision is seen as a historic development that has created hope towards real change. Activists will still have to lobby for support from the 225 parliamentarians to push forward the proposed legislation through Parliament; but it has opened the door of an inclusive and equal future where everybody will be able to enjoy their basic rights regardless of their sex, gender, sexual orientation, gender identity etc.

Both the president of Sri Lanka and the joint opposition has stated they will not oppose the bill. The next steps for it to eventually become legislation, is a vote with a simple majority at Parliament to see this through.

This Supreme Court decision in early May 2023 is major for the community in terms of any kind of progress they have seen over the last few decades. 

On several occasions, the international community has urged the government to decriminalize consensual same-sex sexual conduct. For instance, in 2021 the European Union Parliament adopted a resolution with regard to the withdrawal of Sri Lanka’s GSP+ status given their concern over Sections 365 and 365A of the Penal Code that criminalize individuals with diverse sexual orientations and gender identities. Unfortunately, the EU dropped this condition from at the last moment granting GSP+ status to Sri Lanka. It was a severe blow to the LGBTIQ community and EQUAL GROUND who had lobbied at high levels within the EU and had been assured by the EU that indeed decriminalization would be an important condition of Sri Lanka’s GSP+ status. 

LGBTIQ rights, from 2021 to until now, has seen some positive changes developing with national laws and policies. 

According to EQUAL GROUND’s mapping study in 2021, approximately 12 percent of the Sri Lankan population identify themselves as LGBTIQ. Continuing to preserve Victorian, homophobic laws that penalizes individuals for who they are and/or for choosing a same-sex partner, violates their human rights as citizens of this country and drives the community underground to live in constant fear and in the shadows. Therefore, in order for Sri Lanka to be consistent with international standards of human dignity and rights, these laws can no longer be viewed with the moral standards that existed during the time of their creation.  Rather, they have to be viewed in line with modern-day community standards based on the principles of human dignity and respect.

Rosanna Flamer-Caldera is the executive director of EQUAL GROUND.

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Finding the courage to flee U.S. to save my trans daughter

‘My child has begged for her safety so I must go’

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(Photo by Eggi821/Bigstock)

Well, we did it. Two weeks ago, I climbed into our SUV with my 23-year-old trans daughter and I drove to Toronto. A foot firmly in the highly logical/practical and a foot in the conceptual/creative means I am not risk averse because I can sense a problem and comfortably decide whether I can absorb the outcome. 

As a result, I don’t scare easily. Every now and then though, my more intuitive self will sound an alarm letting me know that I need to pay attention, and so I do – especially when it comes to my children. Like many of you my internal sirens have been clanging at air raid levels for some time. It’s been clear to me that trans people are going to be both a political tool and a targeted group for the new administration. As ugly forces converged to deliver the results that Tuesday in November I have been fighting the urge to grab my family and simply leave. To get up, get out of the way of what I feel is coming. That’s crazy talk, right? This is the United States. I mean we can’t be there? You know what I mean. THERE.

The place that created the phrase: “Pessimists went to New York, optimists went to Auschwitz.” Rounding up people and simply sending them somewhere. I think we are, and I can’t wait to be wrong. 

As I listen to stunning silence from Democrats and threat-immobilized or power-driven Republicans alike, and watch companies pay fealty and capitulate in advance, I am appalled by so few rising to meet the moment. I am disgusted by the demonstrated cowardice just about everywhere we look. What luxury it is to think that as a politician you’re secure enough to wait it out, as though there will be anything left. To think that you will never be in the crosshairs or to think that it’s too hard to do more than you already do. I decided I didn’t have that privilege; for my family optimism could be ruinous.

On occasion I ask my daughter how she feels about things as they evolve, the clank of each hammer on the chisel chipping away her rights, or each time the president of our country has spent five rambling minutes regularly declaring my child a villain or abomination or the result of some woke virus. Being aware, far too sharp and equally sensitive, the question would overwhelm her, “Mom, I know. I know. I just can’t.” For months that would be the end of the conversation. Sometimes she would come to me in tears to talk about how it felt to be unsafe in your own country, or to know that the administration wants to eliminate you. It’s gut wrenching.

Her circle of friends, many of whom struggle, are her lifeline. We all know how important our 20-something tribes are. But when she’d raise the topic with her loves in hopes of creating a plan they too would shut down. This is not unique. For so many of us it is overwhelming. For my daughter, any desire to leave felt like a betrayal, or like she would be abandoning her circle. Any desire to stay felt perilous. I’ve shed torrents of tears at their predicament. That this is their future. And I waited, hitting the snooze button on my internal alarm.

Then politicians started talking about camps and withholding medications. I got a text. “Let’s go. It’s time. [My girlfriend] said she’d move to Canada.” Three weeks later we left.

My family members are fighters and protesters. Ask any one of them and they’ll roll up their sleeves and argue. My parents marched on Washington in the 1960s. They demonstrated at nuclear plants in the ‘70s. My daughter has always fantasized about how the only good Nazi is a dead Nazi, and embracing her free-floating desire to stay and fight. It’s only a fantasy, but I get it. I have that blood in my veins and that idealism thumping in my heart. A political science student and obsessive political hobbyist, I have gone with my peers to rage against the machine, and been an activist from time to time. I never imagined that I would be willing to walk off the field.

The optimist in me says it will all work out, that it is always worth the fight. The middle-aged woman, burdened with the tasks of modern living complains that it’s too hard, too expensive. But my child, my child. My child has begged for her safety. So, I must go. It’s really just logistics, like everything else when you have to move mountains — or countries — for your child. Rent our house. Sell our things. Pack. Drive. Get gas. Check and check. Just like we’d do for any other life change. Look for jobs. Split up the family and delegate responsibilities. Done. As I go through this I think, is it any less than Taylor Swift’s mom did when she left Pennsylvania for Tennessee? Or any family that moves and wakes way before dawn for gymnastics or hockey? I’m not going to lie, I picked the easiest place to go, and the one she was most willing to take on. We joke that if the administration is serious about invading Canada that she may choose to fight for the side where the government fights behind her. On her side and at her back.

“I want to live somewhere my own government doesn’t want me dead.”

Staying to fight the good fight is important. But leaving to protect the vulnerable and the precarious is (while no small feat) doable. I hope. If you feel you should, do. If you feel you can’t, look again. If you have to you will. 


Anonymous is the mother of a trans daughter who recently moved from the U.S. to Canada. 

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Trans people aren’t scared enough

Virginians should make Arlington a sanctuary city

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President Donald Trump (Washington Blade file photo by Michael Key)

It’s time for transgender Americans to be more scared. Donald Trump is leading a fascist administration. In his first month in office, Trump signed a flurry of executive orders that clamp down on trans people. One ordered that trans women can’t compete in women’s sports in federally funded institutions. Another banned transgender service members from the military. And yet another executive order, signed on his very first day in office, told the federal government that only two genders exist — those that people were given at birth. 

Furthermore, Trump took over the Kennedy Center, electing himself as the chair of the board, and immediately a Pride event was cancelled. Taking over arts and letters is a surefire sign of fascism. Fascism, as defined by Merriam Webster, is a “populist political philosophy or regime that exalts nation and often race above the individual, that is associated with a centralized autocratic government headed by a dictatorial leader, and that is characterized by severe economic and social regimentation and by forcible suppression of opposition.”

America, in essence, is becoming more and more of a fascist state, and Trump is already a fascist leader. Trump’s strand of fascism is interesting, because he is an utter capitalist, with a fetish for colonizing foreign spaces. Trump has been trying to colonize Greenland for many years now, and he also shared an AI generated video of him colonizing the Gaza strip with a Trump hotel and pictures of Elon Musk spooning hummus next to the beach. Both of these are concerning, but the Trump Gaza video is especially horrifying because it shows he is in some sort of quasi break from reality where posting an AI generated future of a war-torn land seems OK. When I floated the Trump Gaza video among friends and family, they reacted with words like “crazy,” “insane,” and “delusional.”

When mentioning his transphobia, one relative who is politically aware theorized that Trump would unleash all of his anti-trans fury in just a few months but that he would run out of transphobic things to do. Unfortunately, the opposite seems to be true. Every passing day seems to bring a new anti-trans piece of legislation, whether it’s Texas’s proposed ban on being transgender in and of itself, or whether it’s Utah’s anti-trans bathroom ban

Yet even more unfortunately, I am not seeing trans people get scared enough. I am not seeing enough action on our part. I am unsure whether our collective inaction is due to the fact that both houses of Congress are red, or whether some of us simply don’t have the privilege of fighting. 

Regardless, I can propose one policy solution that trans people in the D.C. area can implement: Make Arlington a sanctuary city. In order to make Arlington a sanctuary city, Arlingtonians (and other Virginians for that matter) should lobby the county board to do so. However, Virginia faces stiff pushback from Gov. Youngkin when it comes to the formation of sanctuary cities. On Dec. 12, 2024, Youngkin proposed a budget that would include a “sanctuary city ban” across the state. We have to make sure that we lobby the legislature to reject this proposed version of the budget. 

Until then, transgender Americans need to start devising plans to move to sanctuary cities across the country and to fund underprivileged trans people who need the money to do so. Some of us also need to start thinking about moving to Canada if our futures become less bright. 


Isaac Amend is a writer based in the D.C. area. He is a transgender man and was featured in National Geographic’s ‘Gender Revolution’ documentary. He serves on the board of the LGBT Democrats of Virginia. Contact him at [email protected] or on Instagram at @literatipapi.  

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Building LGBTQ power beyond American dependency

Unity, an international political body, and economic sovereignty are key to reclaiming our future

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The White House was lit in rainbow colors following the Respect for Marriage Act signing ceremony in December 2023. As the pillars of a US-driven LGBTQ liberation movement crumble, we must reclaim our future.(Washington Blade photo by Michael Key)

Two weeks ago, I mentioned “LGBTQ + sovereignty” in this newsletter, the pursuit of self-determined, economically empowered, and politically independent queer communities that control their narratives, resources, and futures as a response to the new world order. A reader cheekily replied, “So your next installment will discuss how to build that power?” implying that it is easier said than done.

It’s a fair criticism. The amplitude and pace of the changes we experience make it easier to fall in love with the problem than to articulate the first steps in a response. Across the board, the people I speak with are overwhelmed and directionless. There’s a shared sense of paralysis as if the path forward for queer liberation has vanished entirely.

Our movement had placed its bets on a single horse: American support reliant on repeated electoral victories by the Democrats. We have become quickly addicted to funding from USAID, the State Department, other U.S.-dominated international organizations, diplomatic initiatives, and leadership from American companies. Recent reports describe how the reversal of this support is debilitating for our entire movement but also illustrate in their recommendations how hard it is to imagine an LGBTQ+ future without the U.S. government and corporations.

A figure I love to quote is that, according to MAP, the number of donors giving more than $25,000 to the most significant U.S. non-profit organizations dropped from an already bafflingly low 302 in 2019 to 134 in 2023 — a 56 percent decrease over five years, reflecting the disengagement of wealthy LGBTQ+ Americans.

One less-documented aspect of the new emerging world order is the consequences of our reliance on U.S. cultural imperialism. While the United States championed values that inspired movements for dignity and equality worldwide, LGBTQ+ people could envision a domino effect. A completely new American ethos, one that aligns with illiberal nations like Russia and China, could embolden the anti-LGBTQ+ movement everywhere.

Planning for the future is generally a painful exercise. It becomes even more challenging when it is not the one we worked towards. Our community has a strong preference for the present, too. This stems from a long-standing inability to envision a happy ending for our movement and personal lives. Long-term planning is not our forte.

Another obstacle is that the leaders articulating the response to the new world order are the ones who bet everything on a losing hand — those who linked our movement to a single political party as if our fight could be outsourced to straight American politicians and corporations. They also often are personally too deep in bed with the Democrats and corporations to envision an alternative strategy. They cling to the illusion that the subsequent Democratic victory will rescue us. And, as LGBTQ+ people increasingly struggle to find dignity and economic opportunities, they continue rearranging chairs at donor galas.

I wrote about how our long-term goals diverged from those of the Democratic Party two years ago in a piece titled “The Return of Vintage Homophobia Calls for Vintage Queer Tactics”: “Progressive politicians have a vested interest in making sure conservatives remain the villains in the fight for LGBTQ+ equality.”

The LGBTQ+ response to a changing world cannot rely solely on the U.S. midterm elections and success in U.S. courts. Many of the changes I described are irreversible: America has lost legitimacy on LGBTQ+ issues, and international economic development is no longer a global priority. Frankly, there is also a good chance that Democrats will become wobbly on LGBTQ+ issues as the campaign to vilify LGBTQ+ people gains momentum.

If the future evolves further into a world where “might make right,” where economic interests override human dignity, where philanthropy and economic development are abandoned, where strict norms of masculinity and the nuclear family make a comeback, and where authoritarian regimes set the terms — where do LGBTQ+ people stand?

In the past few weeks, I have thought about some first steps to regain control of our future:

— Rebuilding unity. In the last year, I have had many versions of a recent conversation with a prominent investor — someone whose track record includes backing some of the most iconic tech founders of our time — who argued that LGBTQ+ people are not “a people,” that we owe nothing to each other, and that we share little beyond sexual practice and loosely defined identities. It was a sobering reminder of how far we’ve drifted from the fierce solidarity that once defined our movement. Larry Kramer must be spinning in his grave. Many of our community’s most economically successful members share that view — intellectually confident yet oblivious to the sacrifices of our elders and our shared destiny. We must recreate a sense of shared destiny. We concede the foundation of collective liberation if we accept that we are just a scattered demographic and not a people bound by struggle, history, and shared hope.

— Establish a truly representative international body. I’d argue for an organized, democratic assembly where every LGBTQ+ person — who has paid modest dues — has a voice and a vote. This body would unite elected representatives across geographies and identities to define a shared political and economic vision, coordinate global action, and hold institutions accountable. It would foster a sense of common purpose and ownership, moving us beyond donor-driven agendas, geopolitical games, or national silos and toward a structure rooted in accountability, solidarity, and self-determination.

— Lay the foundations of economic sovereignty. Political power without economic power is always borrowed — and today, LGBTQ+ communities remain locked out of capital flows, investment ecosystems, and financial decision-making at every level. I spent the last 15 years assessing our socio-economic outcomes, and we are systematically getting crumbs. To change that, we must architect our economic infrastructure: an interconnected system of community development financial institutions, social investment funds, queer-owned enterprises, and financial vehicles designed by and for LGBTQ+ people. We must tap into our community genius to foster employment and economic independence. The Global LGBTQ+ Inclusive Finance Forum I am co-organizing this fall is a first step — less a conference than a catalytic engine to define standards, scale innovations, and mobilize capital across borders. From Nairobi to São Paulo to Manila, we can seed an economy that doesn’t just include us but belongs to us because economic independence is the precondition for lasting freedom.

What comes next for LGBTQ+ people is a question of imagination. For LGBTQ+ people, the challenge is to bridge our creativity with our aversion to planning for the future. If we are to reclaim the trajectory of our movement, we must be less reactionary and more strategic. The collapse of old certainties is not a tragedy — an American-driven queer liberation movement was also inexorably tied to the doomed U.S. brand of capitalism, but an opening. We are being called to imagine more than a world where generous straight allies toss us the scraps of their power and goodwill. Our sovereignty — political, cultural, economic — is not something to be granted by the Democratic party or won in U.S. courtrooms. It is something we must build with intention, with vision, and with each other. This is the work of a generation. Let’s begin.

Fabrice Houdart is a human rights and corporate social responsibility specialist with 20 years of experience at the World Bank and the United Nations. In 2022, he founded the Association of LGBTQ + Corporate Directors, and in 2023, he co-founded Koppa, a nonprofit focused on LGBTQ+ economic empowerment. He originally published this article on “Fabrice Houdart | A Weekly Newsletter on LGBTQ+ Equality” on March 23.

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