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Thai lawmakers approve marriage equality bill

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(Los Angeles Blade graphic)

PORTUGAL

Lisbon Pride 2023 (Photo courtesy of Horta do Rosário for Arraial Lisboa Pride)

The Portuguese Parliament passed the final draft of a bill this past week, which was first introduced last May by the Bloco de Esquerda, the populist democratic socialist political party, that outlaws “any practice aimed at the forced conversion of sexual orientation, identity or gender expression.”

Joined in a coalition with the Livre and PAN parties, the new law incorporates into the country’s penal code that “whoever subjects another person to this type of treatment, including the performance or promotion of medical-surgical procedures, practices with pharmacological, psychotherapeutic or other psychological or behavioral resources, will be punished with a prison sentence of up to three years or a fine.”

During the parliamentary debate in the Constitutional Affairs, Rights, Freedoms and Guarantees, the College of Physicians Committee issued a statement in which it criticized this type of therapy for “not having proven its effectiveness nor respecting the ethical and deontological standards of medical practice.” The organization highlighted that “diversity in sexual orientation and gender identity represents normal expressions, which cannot be considered diseases.”

The law now heads to President Marcelo Rebelo de Sousa for his signature.

Passage of the law by Parliament brings Portugal into alignment with other European Union nations. Malta was the first European country to ban the practice followed by Germany, Greece, Albania, France and Belgium.  

SPAIN

Carla Antonelli, center with red scarf, and Spanish actor Eduardo Casanova attending the second Pride march against the stigma of HIV/AIDS in Madrid on Oct. 21, 2023. (Photo courtesy of Carla Antonelli)

The Assembly of Madrid, the unicameral autonomous legislature which governs the region around Spain’s capital city, voted this past week to rollback protections for transgender people. The measure was passed by the conservative People’s Party.

The measure also contained a proviso that guidelines preventing harassment of LGBTQ students in schools is eliminated, all content aimed at showing the LGBTQ community and the training of teachers in this matter are removed from the study plans.

The bill amended a regional trans rights law and an LGBTQ rights law, both of which were passed in 2016. The decision makes Madrid the first Spanish region to roll back such legislation. The anti-trans bill stripped the previous law of its fundamental pillar: The concept of “gender self-determination” or “freely expressed gender identification.”

The PP’s new law replaced the terms “trans people” and “gender identity” with “transsexuals” and “transsexuality,” terms which activists say are demeaning. 

The Standard, a British news outlet, reported the move by the PP party sparked outcry from the opposition in Madrid and LGBTQ activists.

Carla Antonelli, an assembly member for the left-wing Mas Madrid party who is trans, wore red gloves symbolizing bloodied hands during the raucous debate preceding the vote. She called the bill an “abomination” and compared it to the actions of Nazi SS doctor Josef Mengele, who “also spoke of science to exterminate Jews and LGTBQ people.”

“When you press that button to vote for this infamy … you will all have blood on your hands,” Antonelli said adding: “This is terrorism towards trans people. You won’t be able to wash your dirty conscience because we will remind you of it every day.” 

The Standard also noted that in December 2022, Spain passed a nationwide bill allowing trans people aged 14 and over to change their legal gender without the need for psychological or other medical evaluation, though those aged 14-16 would still need parental or guardians’ agreement.

Fourteen other Spanish regions out of the country’s 17 have laws for the protection of trans rights, LGBTQ rights, or both, on the books.

GREECE

Leftist opposition leader Stefanos Kasselakis speaks at a press conference in November. He married his longtime partner in New York City in October 2023, several weeks after winning a party leadership election. (Photo courtesy of Stefanos Kasselakis)

The spokesperson for Greece’s center-right government announced Dec. 21 that legislation legalizing same-sex marriage will be brought to the Hellenic Parliament before its current term expires in 2027.

Pavlos Marinakis noted this action would take place despite facing staunch opposition from the country’s influential Orthodox Church, which the church’s governing Holy Synod had submitted late on Dec. 20, expressing strong opposition to legalizing same-sex marriage.

The Greek City Times reported that the church’s stance drew significant attention from the Greek news media, sparking a lively debate within the country. Opinion polls indicate that Greeks are evenly divided on the issue of same-sex marriage but generally oppose granting full parental rights to gay couples.

“The position of the Church of Greece remains that children have an innate need and therefore a right to grow up with a male father and a female mother. No amount of social modernization and no amount of political correctness can bypass (this),” the church document said.

“Children are not companion pets for those who wish to feel like a guardian, and are not ‘accessories’ to formalize or make same-sex cohabitation socially acceptable,” it added.

The Associated Press noted that Greece’s left-wing opposition leader, Stefanos Kasselakis, married his male partner in New York in October, several weeks after winning a party leadership election.

Greece legalized same-sex civil partnerships in 2015.

HUNGARY

Hungarian Prime Minister Viktor Orbán, left, speaks at the 32nd annual Bálványos Summer Free University and Student Camp in Băile, Romania, on July 22, 2023. (Photo courtesy of Orbán’s Facebook page)

In a press conference on Dec. 21, Hungarian Prime Minister Viktor Orbán accused the European Commission of blackmailing his country over its anti-LGBTQ laws and other rule-of-law concerns.

“In our view, Hungary fulfils all the qualities of the rule of law, and when the European Commission has specific needs, we implement everything from them, and we are also cooperative,” Orbán told reporters. “You cannot blame me for doing everything I can to promote Hungary’s interests in such a blackmailed situation.”

Orbán has been embroiled in a long-standing dispute with the governing body of the EU, the European Commission, which has frozen billions of funds intended for Hungary over concerns about human rights and the rule of law in the country.

The government of the conservative ruling party of the prime minister has been feuding with the EU since passage of Hungary’s anti-LGBTQ education law in June 2021.

Orbán, who has publicly proclaimed that he is a “defender of traditional family Catholic values,” has been criticised by international human rights groups as discriminating against LGBTQ+ people with this law which European Commission President Ursula von der Leyen called a “disgrace.”

The European Commission, the ruling body of the EU, referred Hungary to the EU Court of Justice over the anti-LGBT law in mid-2022. The commission has said it considers that the law violates the EU’s internal market rules, the fundamental rights of individuals and EU values.

UNITED KINGDOM

Two teenagers were found guilty of Brianna Ghey’s murder at Manchester Crown Court on Dec. 20, 2023. The pair, a boy and a girl who are both 16, will be sentenced Feb. 2, 2024. (Photo courtesy of Brianna Ghey’s family)

 A Manchester Crown jury found a pair of teenagers guilty in the murder of Brianna Ghey, a 16 year old trans girl and TikTok creator who was brutally stabbed to death in a park in Culcheth, Warrington, in February 2023. 

The jury unanimously ruled the teens, known only as Girl X and Boy Y, guilty after deliberating for over four hours. The judge said she would have to impose a life sentence, with the official sentencing to take place next year. 

Ghey, who lived in Birchwood, Cheshire, and was a junior at Birchwood Community High School had been bullied for her trans identity according to comments left on social media posts by friends and fellow students.

Her friends alleged she had been bullied and gang beaten at Birchwood Community High School for several years over the “simple reason of being trans.”

The gruesome details came out during the trial in Manchester, where the jury heard testimony that the pair, a male and a female, both 16 had a “thirst for killing” and were fascinated by torture.

PinkNewsUK reported a “murder plan” was later discovered in the female’s bedroom, and investigators discovered that they had put together a “kill list” made up of five children before they settled on making Ghey their first target. The jury also heard that male had referred to Ghey as “it” rather than “she,” which he said was a “joke” between himself and his female accomplice.

The Judge, Amanda Louise Yip, noted that she would have to impose a life sentence for both defendants. She explained that she will now have to decide what the “minimum amount of time you will be required to serve before you might be considered for release” should be.

Yip, after the jury’s verdict was delivered, announced there was a public interest in lifting restrictions on reporting the teenagers’ names, which because of their ages had not been disclosed. However she said the welfare of the defendants could be put at risk if supports were not put in place, BBC News reported.

The judge acknowledged that naming Ghey’s murderers would “cause distress to their families,” and she noted that they had already faced threats and harassment due to their children’s actions.

“I believe the appropriate balance can be achieved by directing that the order may be lifted but placing a [delay] upon it until the date of sentencing,” she said.

Prime Minister Rishi Sunak and Education Secretary Gillian Keegan. (Photo courtesy of the British government)

The Tory government’s Department for Education released a set of much-feared school policies and guidance concerning transgender students on Dec. 18. LGBTQ advocacy groups responded, describing the government’s draft guidance for trans schoolchildren proposals as “chilling” and “actively dangerous.”

PinkNewsUK reported the long-delayed guidance on how to support trans and non-binary pupils at school lays out steps to approach a range of issues, from social transition, to changing names and pronouns, to access to single-sex spaces. 

The non-statutory guidance explicitly states that primary school-aged children “should not have different pronouns to their sex-based pronouns used about them,” and that if a child wishes to socially transition, parents should be engaged. 

The plan further outlined policies that would forcibly out trans youth to their parents, ban pronouns for all primary school trans youth, prevent trans youth from using restrooms that align with their gender identity and could even lead to forced haircuts and clothing choices.

Journalist Erin Reed noted the policies even allow schools to enforce uniform policies based on a student’s assigned sex at birth, explicitly stating that trans students should follow the “hairstyle rules” of their assigned sex at birth. This would lead to trans girls being forced, for instance, to cut their hair short. You can see the policies here:

British school policies showing schools do not have a duty to allow a child to ‘socially transition.’
British school policies allowing for forced haircuts for trans youth.

Social transition bans are, of course, seen and being promoted in other countries as well. New Zealand’s “Resist Gender Education” calls for the government to ban all social transition in schools, “even with parental consent.” In a statement to PinkNewsUK, Mermaids, a group that advocates for trans youth, added that the government’s guidance is “out-of-touch” and “absurd”. 

“It is difficult to understand how aspects of this draft guidance, including automatically excluding trans pupils from facilities, sport bans or allowing students to be misgendered are compatible with existing equalities law,” the charity said. 

“The overwhelming majority of teachers and parents believe trans pupils should be safe at school and will disregard these discriminatory guidelines, which will be non-compulsory.”

NEW ZEALAND

Laurel Hubbard, New Zealand’s trans Olympic weightlifter. (YouTube screenshot/TVNZ)

A new government policy will yank millions of dollars of public funding from New Zealand sports organizations as the government of newly elected Prime Minister Christopher Luxon sets out its agenda to “ensure publicly funded sporting bodies support fair competition that is not compromised by rules relating to gender.”

Andy Foster, a spokesperson for the populist and nationalist political New Zealand First party says it is “about fairness and safety in sport for women,” the NZ Herald reported.

Trans athlete and two-time national champion mountain biker Kate Weatherly told the Herald she fears it will lead to athletes being forced into men’s competitions or sidelined completely. Given the minimal number of trans women competing in amateur sports, Weatherly fears it could lead to their exclusion from the grassroots arena, she added.

Sport and Recreation Minister Chris Bishop was uncomfortable discussing the coalition agreement. “New Zealand First are very keen to make sure we have an inclusive environment and atmosphere for everybody — and that rules relating to gender don’t get in the way of that,” Bishop told the Herald.

“It is a tricky one, a thorny issue. There’s strong views on both sides of the debate. I’ll work through that with the relevant sporting bodies. Ultimately it’s got to go over to sporting bodies to make sure that we have fair competition.”

THAILAND

Thai MPs debate a same-sex marriage bill. (YouTube screenshot)

On Dec. 21, the Thai House of Representatives passed four draft bills regarding legalizing same-sex marriages in this Southeast Asia nation which has one of the more open cultures in that part of the world in acceptance of LGBTQ people.

Amnesty International Thailand Researcher Chanatip Tatiyakaroonwong noted in a statement:

“By potentially becoming the third place in Asia to legalize same-sex marriage, Thailand has the opportunity to set a bold example for LGBTI people’s rights in this region. These bills and the debates in Parliament over them represent a moment of hope for LGBTI people’s rights in Asia, even though there is still much to be done for their full protection.  

The final version of this draft legislation must not water down calls for the full spectrum of the right to family life, including access to adoption and inheritance for LGBTI couples, as well as the legal recognition of same-sex couples as ‘spouses’ on an equal footing with different-sex couples. 

As LGBTI activists have systematically demonstrated, efforts to broaden rights for LGBTI people don’t go nearly far enough to ensure equal rights guaranteed under international law. These bills set Thailand on a new path that could right those wrongs.

If legislation passes on first reading, Thailand’s Parliament should build on the momentum and prioritize the immediate adoption of this law, taking note of the celebratory reaction as a sign that the country is hungry for equality. Lawmakers in Parliament should continue to demonstrate to Thailand’s LGBTI community that they are listening and valuing their voices, wishes and perspectives. 

Guaranteeing full marriage equality in law not only sends a message to the rest of the region but to the rest of the world, at a time when countries all over the globe are changing outdated laws and building more inclusive societies.” 

Reuters reported that Deputy Prime Minister Somsak Thepsuthin told Parliament, referring to the government’s draft bill.

“In principle, this draft law is for the amendment of some provisions in the civic codes to open the way for lovers, regardless of their gender, to engage and get married. This will provide rights, responsibilities and family status as equal to the marriage between a man and a woman presently in all aspects,” he said.

Somsak said a government survey conducted between Oct. 31-Nov. 14 showed 96.6 percent public support for the draft bill.

Additional reporting from Esquerda News Lisbon, The Standard UK, Greek City Times, The Associated Press, Agence France-Presse, 24.HU News, PinkNewsUK, The BBC, Erin Reed, The New Zealand Herald and Reuters.

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

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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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

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(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.

“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

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