Asia
Second Japanese court rules same-sex marriage ban is unconstitutional
Judge issued ruling in Nagoya
In a ruling issued Tuesday, the Nagoya District Court became the second major higher court in the country to rule that the lack of legal recognition of same-sex marriage is unconstitutional.
Presiding Judge Osamu Nishimura said more people have become supportive of recognizing same-sex marriage, and the reasoning behind excluding same-sex couples from the legal marriage system is becoming “shaky,” resulting in a situation that is “difficult to ignore,” the Kyodo News agency reported.
Kyodo also noted the court pointed out that the public remains divided over the issue, and it was only in 2015 that a system to issue certificates recognizing same-sex couples as being in “relationships equivalent to marriage” was introduced by local governments in Japan for the first time.
In March 2021 the Sapporo District Court issued its ruling that the local in Sapporo governmentās actions violated two provisions of the Japanese Constitution: Article 14 that ensures the right to equal treatment and Article 24, which does not expressly deny the right of marriage to same-sex couples.
In Tuesday’s ruling, Nishimura echoed the Sapporo decision saying that a failure to recognize same-sex marriage violates Article 14 of the constitution, which stipulates that all people are equal, and Article 24, which stipulates that “laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.”
The two rulings are at odds with opinions issued by other high courts across Japan. Public Media Broadcaster NHK reported that in June 2022 the Osaka District Court ruled that the ban does not violate the constitution. The judge said Article 24 stipulates that marriage shall be based on the mutual consent of parties from both sexes.
The Tokyo District Court also ruled the ban constitutional in November that year. At the same time, the judge said not providing legal protections for same-sex families represents an “unconstitutional state.”
With this second ruling, pressure is building on the Japanese Diet (Parliament) to legalize same-sex unions.
The case, brought by two male residents in a relationship from Aichi Prefecture, were represented by attorney Yoko Mizushima who told reporters: āThis ruling has rescued us from the hurt of last yearās ruling that said there was nothing wrong with the ban, and the hurt of what the government keeps saying,ā referring to the June 2022, Osaka District Court ruling last year that the ban was not unconstitutional.
Asia
Bangladesh political turmoil has forced LGBTQ people into hiding
Prime Minister Sheikh Hasina resigned, fled the country on Monday
The political turmoil in Bangladesh that led to Prime Minister Sheikh Hasina’s resignation and subsequent decision to flee the country on Monday has left the LGBTQ community under unprecedented threat.
The Washington Blade this week heard harrowing accounts of targeted violence and intimidation that has forced many LGBTQ Bangladeshis to go into hiding. Factions seeking to exploit the power vacuum in the wake of Hasina’s resignation have made this situation worse.
Tushar Kanti Baidya, program director of Inclusive Bangladesh, a local NGO and transgender-led LGBTQ youth organization, said a more sinister development has overshadowed the ongoing protests against Hasina’s job quota policies.
He noted the recent rise of right-wing political parties, which have spearheaded anti-trans and anti-LGBTQ movements, poses an even greater threat to the community. Badiya fears the lives of local trans activists are now in grave danger as these groups move to align themselves with the newly formed interim government. This alliance, he says, not only encourages those who wish to silence them but also creates an environment where hate and violence could escalate unchecked.
“The quota that has been reserved for disability and transgender people are only for those who are physically disabled and intersex people,” said Baidya. “In Bangladesh, by the common people, transgender refers to intersex people. Some of the (leaders) of the protesters deny the existence of transformation from male to female or vice versa and (continue their) opposition to include transgenders into the quota but intersex people.”
Baidya said trans activists had initially raised the issue of their inclusion in the job quota system nearly two years ago, well before the current crisis emerged. The trans and LGBTQ communities, however, chose not to participate in the quota demand. Baidya said fear drove this decision, noting anti-LGBTQ and anti-trans rhetoric from some quota reform movement leaders grew more intense.
While some trans people have supported the broader student movement that demanded Hasina’s resignation, they have been cautious about specifically advocating for the quota reserved for them because they were wary of the potential backlash. Baidya emphasized this reluctance reflects the severe risks and hostility the community faces in this fraught political climate.
Baidya told the Blade that despite Hasina’s government’s problematic human rights record and her autocratic regime, it is noteworthy that LGBTQ and other minority groups felt relatively safe when she was in office and were able to conduct their advocacy work with minimal government interference. The trans community, in particular, saw significant benefits that included increased social support, greater acceptance in mainstream jobs, and even successful bids for local government positions.
Baidya pointed out Inclusive Bangladesh Executive Director Sanjiboni Sudha, and Saraban Tahura, the group’s project coordinator, are among those who anti-trans activists publicly targeted, publishing their photos and sharing their personal information.
This targeted harassment, according to Baidya, underscores the dangerous shift in the current political environment, where the progress made under the previous government is now at risk.
“Currently, we are processing some of our staff’s asylum process and also trying to facilitate to relocate them into a safe place or out of the country and also sending advisories and security suggestions to the community members,” Baidya told the Blade
US State Department spokesperson condemns ‘all recent acts of violence’
Hasina fled Bangladesh after protesters stormed her official residence on Monday.
She has been in India, where she met with National Security Advisor Ajit Doval.
The political unrest ā and anti-government protests that have taken place across Bangladesh in recent weeks āhas left upwards of 300 people dead and many others injured. At least 94 people were killed on Sunday, the deadliest day since the protests began.
Students in Bangladesh began demonstrating against the government, demanding reforms to the civil service quota system. Protests argue loyalists of Hasina’s ruling party, the Awami League, disproportionately benefited from the existing quotas.
“We condemn all recent acts of violence in Bangladesh,” said State Department spokesperson Matthew Miller on Wednesday during his daily press briefing in Washington. “We support the freedom of peaceful assembly.”
“We condemn violence against those who are exercising their peaceful right to assembly. And we condemn violence on behalf of any protester who has turned their peaceful exercises simply into an excuse for violence,” he added. “We condemn violence in all cases.”
Tahura, a trans activist in Bangladesh, spoke exclusively with the Blade.
She said the situation of the LGBTQ community since Hasina’s resignation is out of control.
Saraban told the Blade she is now safe after she sought refuge in a shelter away from her home. Saraban said the escalating violence and targeted harassment made it imperative for her to find a secure location to avoid the growing threats.
“This is very difficult for us,” said Saraban. “We are facing threats from anti-LGBTQ groups in Bangladesh. They are telling the LGBTQ community that your story ends now. They are telling us that there is no place for LGBTQ people in Bangladesh. They only want to only recognize (the) hijra community. We are not hijra, but transgenders, so our situation is really bad.”
Hijra or kinner on the Indian subcontinent are intersex or eunuch people. The hijra community has a distinctive social structure, traditions, and rituals.
Saraban told the Blade the Bangladesh Nationalist Party (BNP), and Jamaat-e-Islami (Jamaat) are related and often align with each other.
She said she went into hiding under the previous government. Jamaat, which is anti-LGBTQ, has resurfaced in the wake of Hasina’s resignation and is now threatening Saraban and other LGBTQ activists.
“It is a dangerous situation for the LGBTQ community, mostly, three activists are targeted in our country,” said Saraban. “Other than me, Ho Chi Minh Islam, and Sanjiboni Shudha, are the three most popular transgender activists in Bangladesh.”
“We are in very grave risk,” added Saraban.
Saraban said she and other activists are looking to escape the country for their own safety. She told the Blade that although she does not want to leave Bangladesh, the situation is not safe for her or the community.
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reachedĀ atĀ [email protected]. He is on X at @mohitkopinion.
Asia
Thailand marriage equality bill receives final approval
Country third jurisdiction in Asia to allow same-sex marriages
The Thai Senate on Tuesday overwhelmingly approved a bill that will extend marriage rights to same-sex couples.
The measure passed by a 152-130 vote margin with four senators voting against it and 18 abstaining. The Thai House of Representatives in April approved the marriage equality bill, with 400 of 415 lawmakers who participated in the vote backing it.
Taiwan and Nepal are the two other Asian jurisdictions that allow same-sex couples to legally marry.
Asia
Maldives activists say new president won’t bring LGBTQ rights to country
Island nation is a popular tourist destination
Maldives, a Southeast Asian country that is a popular tourist destination, on Sept. 30 elected a new president.
Doctor Mohamed Muizzu, leader of the Progressive Party of Maldives and the president-elect, secured 54 percent of the total votes. He defeated incumbent President Ibrahim Mohamed Solih of the Maldivian Democratic Party.
Maldives does not offer any rights to the LGBTQ community.
Consensual same-sex sexual activities are prohibited in the country under the Penal Code 2014. Same-sex couples can face up to eight years in prison and 100 lashes (for both men and women.) The penal code works under the Islamic laws that criminalize same-sex relationships in the country.
Solih in 2019 started to work on human rights concerns and LGBTQ issues in the country, but the previous government abandoned the work after Islamic extremists pressured them. Solih did nothing to prevent extremist groups from attacking the country’s democratic institutions.
“I believe for ordinary liberals it would be safer with the new government because when the Progressive Party of Maldives ruled before, they did not get personal with activists who were not connected to the opposition. They were busy fighting with each other,” said Ulfa M. Fahmee, a humanist creator and LGBTQ rights activist. “Now the ruling party wants international rights groups to see they value democratic values, so they don’t openly arrest opposition activists, instead they attacked those viewed as promoting liberal values.”
“(The) new president is already focused on bringing economic equality unlike previous government who sent islanders to pray for rain when the poor ran out of stored rainwater in the islands making Maldivians believe they have to sacrifice LGBTQ and irreligious for God to get necessities instead of asking from government,” added Fahmee.
Fahmee was forced to flee Maldives because of safety concerns after state-sponsored news outlets accused her of blasphemy.
She said the Maldivian Democratic Party ran a hate campaign against her while the opposition party was protesting against government officials who were caught doing a blasphemous report.
Fahmee told the Washington Blade that Maldivian media is not allowed to post pictures until a conviction is secured, but the press published her pictures while she was still under investigation, putting her in danger of being harmed by extremists. With pain and anger in her words, Fahmee told the Blade that local police still have not returned any of her and her family’s confiscated electronics.
Fahmee is currently living in exile.
“We don’t have an openly LGBTQ community in Maldives, but the current govt enjoyed inciting hate and violence against ordinary liberals who were seen as part of LGBTQ,” said Fahmee. “Whenever privileged elites were accused of any un-Islamic activity, (the) MDP government did hate campaigns against ordinary liberals and jailed many people while at the same time sending human rights fraud reports to international rights organizations blaming Islamists for the hate spreading. Islamists are usually after the government officials so govt tries to divert hate targeted at them by encouraging more state sponsored hate against liberals.”
LGBTQ activists have faced several challenges in the Maldives, including disappearances and death.
Radical Islamic extremists in June 2012 killed blogger, LGBTQ activist and journalist Ismail Khilath Rasheed. Authorities did not investigate the murder.
According to a report published by The Edition, a local Maldivian media outlet, former President Mohamed Nasheed and his newly formed party will be part of the incoming government and will take oath on Nov. 17 with Muizzu.
“There is going to be no change as a consequence of Dr. Mohamed Muizzu being president,” said Shakyl Ahmed, an LGBTQ activist. “Some say that it will get worse because ‘salaf’ (a group of sheikhs) is on the new president’s side, but the new president definitely won’t make things better for us.”
Ahmed told the Blade he is not hopeful about the new government. He said that the new president doesn’t change the lives of the LGBTQ community in the country.
“Most LGBT people in Maldives are Muslim, so most of them don’t support gay rights in Maldives, even if they are gay,” said Ahmed. “However, they do engage in sexual acts with the same sex in secret. There are a few of us who support gay rights and we are trying to progressively change people’s minds.”
Kit Died, another LGBTQ activist, told the Blade the president-elect will make the situation worse for the LGBTQ community in Maldives. Died added he is known to have connections with extremist factions.Ā
“We have no support from the government at all ā our existence itself is a crime ā so all crimes against queer folk in this country get ignored,” said Kit. “Queer people get blackmailed, robbed, and sexually assaulted regularly here with no investigation or police report.”
“The Anti-LGBTQIA+ narrative in Maldives is upheld by the constitution,” added Kit. “The Maldives constitution is one of the few places in the world that mandates all its citizens to be Sunni Muslims. This creates a paradox for citizens who were born into the religion and want to leave or happen to be queer. There’s no space for queerness in the Maldives’ specific variety of Islam, which is stricter than most in practice thanks to the tiny population that is concentrated in very small cities.”
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.
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