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Out in the World: LGBTQ news from Europe and Asia

Qatar has detained a man with HIV who is a dual British and Mexican citizen

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(Los Angeles Blade graphic)

AUSTRALIA

Sydney Mardi Gras parade pays tribute to a murdered gay couple from New South Wales, Jesse Baird and Luke Davies. In its annual float, Qantas Airways painted the name of Davies, who worked for the carrier as a flight attendant on the side of the faux cockpit. (ABC News Australia YouTube screenshot)

As the 46th Sydney Gay and Lesbian Mardi Gras ended its two week long celebrations with the annual massive Mardi Gras parade on Oxford Street this past weekend, this year’s celebration marred by the murder of a gay couple that jarred the country’s entire LGBTQ community, the parade came to a halt on Saturday in a powerful act of remembrance for the couple, Jesse Baird and Luke Davies.

In its annual float, Qantas Airways paid tribute to Davies who worked for the carrier as a flight attendant. A Qantas spokesperson confirmed that Davies’ name was added prominently on the side of the Qantas float, and Executive Manager Crew Leeanne Langridge in a statement said that Davies “was a much-loved member of the Qantas cabin crew community in Brisbane and Sydney.

“He had a passion for travel, life, his family and friends and the customers that he served. He will be deeply missed. The whole team at Qantas are thinking of Luke and Jesse’s loved ones,” Lanridge said.

The Star Observer, the country’s largest queer news media outlet, reported that a New South Wales police officer, Beaumont Lamarre-Condon, who reportedly once dated Baird, a Network 10 reporter and a sports official who umpired in AFL matches in the Northern Football and Netball League, has been charged with their murders.

Jesse Baird, left, and Luke Davies, right (Photo courtesy of Baird’s Instagram page and New South Wales police)

Lamarre-Condon is accused of shooting them dead with his police-issued sidearm at Baird’s home in Paddington, Sydney. The couple’s remains were found at a property at Bungonia, near Goulburn, around 115 miles south of Sydney on Feb. 27, 2024. 

The murder of the couple caused the Sydney Gay and Lesbian Mardi Gras organizers to uninvite police from the iconic Mardi Gras parade the BBC reported

The parade’s board said the decision to exclude police, who have taken part in the annual march for over two decades, was “not taken lightly” but that it was essential to create a safe environment “to protest, celebrate” and “honor and grieve those we’ve lost.”

Sydney’s Mardi Gras parade has a complex history of both LGBTQ activism and police brutality, after the first march in 1978 resulted in dozens of people being beaten and arrested by local officers, the BBC noted.

CHINA

Lai Ke, also known as Xiran, (Photo courtesy of Xiran/WeChat)

A Chinese transgender activist is facing deportation back to mainland China as she is scheduled for release on Sunday from Siu Lam Psychiatric Center, a psychiatric detention institution where Hong Kong authorities usually hold trans detainees.

Lai Ke, also known as Xiran, was convicted of using “forged” documents to attempt to travel from China to Toronto via Hong Kong last year. Lai was detained at Hong Kong International Airport on May 3, 2023, while transferring to a flight to Toronto having begun her journey in Shanghai.

Lai was convicted in a Hong Kong court on June 16, 2023, and sentenced to 15 months in prison, which she served at the Siu Lam Psychiatric Center. A release notice from the Siu Lam Psychiatric Center seen by Amnesty International states that Lai is due to be released early for good behavior on March 2. As Lai is not a resident of Hong Kong, she is subject to being deported to mainland China under Section 19 of the Hong Kong Immigration Ordinance. 

“Time is of the essence to prevent Lai Ke from being unlawfully deported to mainland China, where she would be at grave risk of serious human rights violations — including arbitrary detention, unfair trial, and even torture and other ill-treatment — due to both her transgender identity and her activism,” Sarah Brooks, the deputy regional director for Asia for Amnesty International said.  

“To return her given these risks would be an abandonment of Hong Kong’s obligations under international law.” 

Lai had been a vocal advocate for trans rights in China alongside her partner. According to her friends, her partner was imprisoned in China in June 2023 on account of her own activism and her trans identity. 

While serving her sentence, Lai has been denied access to the medication she was taking as a part of her hormone replacement therapy and held in solitary confinement for complaining about the denial of her medical treatment, her friends added. 

“There is a very real risk that Lai Ke will face persecution — including further imprisonment — if she is returned to mainland China,” said Brooks.

PHILIPPINES

Pura Luka Vega booking photo. (Photo courtesy of Pura Luka Vega and the Manila Police Department)

A 33-year-old drag queen who had been incarcerated in a Manila jail last fall for allegedly violating the Catholic-majority country’s obscenity laws for his performance dressed as Jesus Christ, performing a rock version of the Lord’s Prayer in Tagalog, was arrested again this past week.

Investigators from the Manila Police District, charged Amadeus Fernando Pagente, who performs under the stage/drag name Pura Luka Vega, for six counts of alleged violation of Article 201 including immoral doctrines, obscene publications and exhibitions and indecent shows. The arrest of the drag artist on Feb. 29 was due to a warrant issued by a court in Quezon City.

Supporters and fans raised the bail of 720,000 Philippine pesos, ($12,852.55) and Pagente was released on March 1. In a post on X, formerly Twitter, the drag artist thanked his benefactors writing: “The fight still goes on, life still goes on. I am very grateful to those who helped me with my bail. To my drag sisters who tirelessly helped me and organized fund raising for legal fees, thank you very much. Thank you.”

These latest charges stem from a complaint issued by the Kapisanan ng Social Media Broadcasters ng Pilipinas, a broadcast media organization, on behalf of Philippines for Jesus Movement.

This is the second time the Philippines for Jesus Movement, comprising Protestant church leaders, has registered a criminal complaint with prosecutors against the drag performer. He was accused of violating obscenity laws for his performance dressed as Jesus Christ, performing a rock version of the Lord’s Prayer in Tagalog last August. He was incarcerated and then later released.

At the time Pagente told Agence France-Presse: “The arrest shows the degree of homophobia” in the Philippines. “I understand that people call my performance blasphemous, offensive or regrettable. However, they shouldn’t tell me how I practice my faith or how I do my drag.”

Ryan Thoreson, a specialist at the Human Rights Watch’s LGBT rights program, also called for the charges against Pagente to be dropped. “Freedom of expression includes artistic expression that offends, satirizes or challenges religious beliefs,” Thoreson told the BBC.

UKRAINE

Victor Pilipenko (Photo courtesy of Telegram)

A Ukrainian army combat medic was stripped of honors awarded to his unit by the Ukrainian Orthodox Church after the church leadership was informed that he was gay.

Viktor Pylypenko, a medic with 1st mechanized battalion, 72nd Black Zaporozhians Brigade medical corps, along with his fellow servicemembers were awarded medals for “sacrifice and love to Ukraine” by the Ukrainian Orthodox Church of the Kyiv Patriarchate’s Patriarch Filaret for their actions and deeds serving in the Donbas region against the Russian invaders.

Pylypenko who serves as an openly gay soldier together with the commander of the medical corps, Yurii Lytvynenko, arrived from Donbas to receive the medals from Filaret. The patriarch personally thanked Pylypenko for his service.

According to the Ukrainian news website obozrevatel.com, that after receiving the award, the soldier published a post on his Facebook page thanking Filaret for the award, thinking that in this way the UOC changed its attitude towards the LGBTQ community.

“I am sincerely glad that Patriarch Filaret took such a step and thanked me, an openly gay man and human rights activist, for the protection. He gave me a medal with his signature and seal. He and the Kyiv Patriarchate headed by him have radically changed their position on LGBTQ+ people and no longer consider us ‘sinful’ or the cause of the coronavirus,” Pylypenko wrote.

On Feb. 25 the church responded in its own Facebook post calling Pylypenko’s post a falsehood:

“Among the distinguished military personnel of the medical point was Victor Pylypenko. Unfortunately, on his social media pages, he posted false information about Patriarch Filaret awarding him a distinction as openly gay for human rights and that Patriarch Filaret and the Kyiv Patriarchate radically changed their negative position on LGBT.

This is an outright lie and manipulation.

Taking into account the efforts of the dark forces to distort the consistent position of the upc of the Kyiv Patriarchate, we want to officially state:

1. Soldier Victor Pilipenko received a thank you from the church, exclusively as a defender of Ukraine, not as an LGBT activist, at the submission of his fellow soldiers from the combat unit of the heroic 72nd Brigade of the Black Zaporozhye. Patriarch Filaret did not personally award the Pilipenkoví medal and did not know about his sinful tendencies.

2. Holy Patriarch Filaret and the Ukrainian Orthodox Church of the Kyiv Patriarchate, based on the foundations of the Holy Scriptures, the thousand-year teaching of the Orthodox Church, invariably occupies a principled negative position on Sodom sin, condemns propaganda t. zv ‘same-sex marriages.’ Homosexual sex relationships are a false distortion of the God-given nature of man. As said in the Bible, the Lord Himself for the sins of people destroyed Sodom and Homorrah. The patriarch repeatedly stated it publicly and in court proved the legality of such his right.

3. We thank warrior Victor Pilipenko (as well as all our defenders for defending our liberty and territorial integrity) for his military service, but we do not divide his sinful likeness and LGBT agitation. We inform that due to open propaganda of sinful ideology and the denial of the existence of God, consider the church award to Victor Pilipenko from 08.02.2024 Order no. 27468 — revoked.

The Apostle Paul in the first letter to the Corinthians warned: ‘he deceive yourself: Neither prostitutes, nor idolosuluzeliji, nor adulterous, nor malakí̈, nor mužoložcí, nor thieves, nor lehvari, nor drunkards, nor lihoslovci, nor predators — the kingdom of God will not inherit. And such were some of you; but washed, but sanctified, but justified in the name of our Lord Jesus Christ and by the Spirit of our God’ (1 Cor. 6, 9-11).

Based on the foundations of Christian evangelical love for all, sinners in particular, desiring them salvation, we urge everyone to repent of their personal sins.

Then the church’s press service said: “We would like to inform you that in view of the open propaganda of a sinful ideology and the denial of the existence of God, the church award to Viktor Pylypenko is hereby revoked.” 

Pilipenko then accused the Kyiv Patriarchate of awarding the medals as a PR campaign:

“I wrote words of gratitude to Filaret, naively imagining that he deliberately awarded me and showed his colleagues a Christian, undoubtedly noble gesture, a signpost to reconciliation and mutual respect for gays, atheists, and people of other faiths. But everything turned out to be more prosaic: Filaret was just handing out his awards as a PR campaign for his denomination.”

Outrage from his fellow soldiers and others has been building regarding the Kyiv Patriarchate’s actions.

Ilia Krotenko, a fighter with the 72nd Black Zaporozhians Brigade, emphasized that the “trinkets” handed out by the church are worthless.

“In connection with the absolutely disgusting act of the UOC-Kyiv Patriarchate and Patriarch Filaret, who took away the award from war veteran Viktor Pylypenko only because he is openly gay, I also refuse a similar award of my own,” he wrote.

SLOVENIA

8th of March Research Institute protests in Ljubljana, the capital city of Slovenia. (Photo courtesy of the 8th of March Research Institute)

Activists from across Europe, including Slovenia, Spain, France and Poland formed an alliance to launch a petition to collect over 300,000 signatures as a first step towards laying the groundwork to ensure that in Europe, reproductive rights are safeguarded and accessible for each and every woman.

This event marks a pivotal moment where voices from diverse European nations unite to advocate for reproductive rights, underscoring the collective resolve to ensure the safety and accessibility of abortion services across the continent.

Nika Kovac, founding director of the 8th of March Research Institute, part of the new alliance, said, “The need to kick off the petition is driven by a deep concern over the erosion of reproductive rights, as witnessed in various parts of the world, including the United States and Poland. We are dedicated to creating a network of friends united by shared values of empathy and solidarity. The key to change is international solidarity.”

“The freedom to choose our body is a common value in every single country of Europe. We are here to demand that it also becomes a right that everyone has in practice,” she added.

Though a large majority of Europeans support abortion, the values of women’s bodily autonomy and their freedom to choose are not shared by all governments and state laws. In a significant number of EU countries, legal and access restrictions prove to be a considerable hurdle for those who need it the most. Slovenia has proven to be a significant outlier, being the only European country to enshrine the right to abortion in its constitution with France currently trying to do the same.

“Ban on abortion kills women, ban on abortion ruins lives and the lack of access to abortion kills women and ruins lives,” said Marta Lempart, founder of Polish Women’s Strike, who has been the loudest advocate for reproductive rights in the country.

“In my country, women die in state hospitals because they are denied abortions. Each time it happens, we cry and protest and say ‘not one more’ but today I am not here to cry and shout but to say that we can get through it. You will never walk alone.”

“In many countries, abortions are legal but not free, so, it’s only for rich people; Also, in many countries abortions are legal, but women are intimidated, and humiliated for accessing a health service. This should not be happening. We need solidarity as we need to protect women not only in Poland but across Europe.”

Alice Coffin, who leads permanent action against patriarchal structures that harm French society and is a member of the alliance, said, “While Poland is infamous for severely restricted access to abortion, populist far-right parties with the same agenda are emerging across the continent. Their anti-abortion agenda is rarely in the forefront of their public communication but it becomes an important policy point if they achieve power. However, there is widespread public opposition to these measures.”

She added, “The French Senate is due to vote on including abortion in its constitution on Wednesday, Feb. 28. The president of the Senate is opposed. The Vatican has expressed its anger. But we have every hope that it will come to pass. So, abortion is an issue that will be very much on the political and media agenda in France over the next few days.”

The petition will actively be distributed among various individuals across multiple countries to ensure wide reach and engagement with the aim of gathering an initial 300,000 signatures. With this petition, the coalition hopes to build momentum and support for the substantive changes they aim to achieve.

The initiative represents a powerful, united front of committed individuals and organizations, and was attended by prominent feminist activists including Nika Kovač who has been one of the initiators of the #MeToo movement in Slovenia; Lempart, activist, and founder of the Polish Women’s Strike, who has been the loudest advocate for reproductive rights in a country with an almost total ban on abortions and has organized the biggest pro reproductive rights protests in the history of Poland; Alice Coffin, renowned feminist and author from France; Silvia Casalino, activist from France, along with Dr. Imma Clarà, director of the Spanish organization L’Associació; LGBTQ activist and researcher Kika Fumero; feminist activist and journalist Cristina Fallarás who launched the Spanish #MeToo movement. #Cuéntalo (Spain) participated in the petition launch.

The coalition’s political stance stems from a fundamental disagreement with the reality that women in Europe still face life-threatening risks due to lack of access to safe abortion services.

The coalition’s overall goal is to safeguard and advance abortion rights across Europe, ensuring that all women have access to the safe, respectful and legal healthcare services they deserve.

QATAR

Manuel Guerrero Aviña and the British Embassy in Doha, Qatar (Photo courtesy of the British government’s X page)

An HIV positive openly gay dual British and Mexican citizen is being held because of his sexuality in this peninsular Arab country bordering the Persian Gulf. Manuel Guerrero Aviña, 44-year-old Qatar Airways employee, has been imprisoned since Feb. 4 after responding to a false Grindr text.

PinkNewsUK reported according to his brother Enrique Aviña, who is leading the campaign QatarFreeManuel, his brother is being imprisoned because of his sexuality, and has been denied access to antiretroviral medicines.

“Qatar police used a false Grindr profile to contact Manuel and invite him to participate in a meeting with other people from the LGBT community in the city of Doha,” Enrique Aviña told British newspaper the Mirror. 

“Manuel was supposed to meet a person he thought he had arranged an appointment with on the night of Feb. 4 but instead encountered police officers who were waiting to arrest him.”

“He has been denied the right to a lawyer and has been forced to sign documents in Arabic without a translator to assist him. Even worse, he has been prevented access to antiretroviral medicines he needs to be able to live with HIV, which constitutes an act of torture and puts his life at risk,” Enrique Aviña said.

PinkNewsUk also reported because Aviña registered as a British national when he was hired by Qatar Airlines and moved there to work, the Mexican Embassy in Qatar said, the British Embassy is dealing with his case, but Mexican consular officers been in contact with his family.

“With regards to the case of Manuel Guerrero Aviña, who has Mexican and British nationality and is currently under arrest in Doha, the Mexican Embassy in Qatar confirms it has been following developments since it was informed about the detention,” an embassy statement read.

“It has been in constant contact with his relatives and has confirmed Manuel has legal representation.”

A spokesperson for the UK Foreign Office told PinkNewsUK: “We are providing consular assistance to a British man who is detained in Qatar and are supporting his family.”

Additional reporting from the Star Observer, ABC News Australia, the BBC, Agence France-Presse, Obozrevatel.com, Kyiv Post and PinkNewsUK.

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Japan

Japanese Supreme Court to consider marriage equality

Japan only G7 country that does not legally recognize same-sex couples

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Japanese Supreme Court (Photo public domain)

The Japanese Supreme Court on Wednesday said it will consider six marriage equality lawsuits.

NHK, the country’s public broadcaster, noted all 15 of the court’s justices will consider the case.

Japan is the only G7 country that does not legally recognize same-sex couples, despite several court rulings in recent years that found the denial of marriage benefits to gays and lesbians unconstitutional.

Tokyo High Court Judge Ayumi Higashi last November upheld Japan’s legal definition of a family as a man and a woman and their children.

Prime Minister Sanae Takaichi, who became the country’s first female head of government last October, opposes marriage rights for same-sex couples. She has also reiterated the constitution’s assertion that the family is an institution based around “the equal rights of husband and wife.”

Same-sex couples can legally marry in Taiwan, Nepal, and Thailand.

NHK reported the Supreme Court is expected to issue its ruling in early 2027.

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Botswana

Lorato ke Lorato: marriage equality, democracy, and the unfinished work of justice in Botswana

High Court considering marriage equality case

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(Bigstock photo)

As Botswana prepares for the resumption of a landmark marriage equality case before the High Court on July 14–15, the country finds itself at a critical constitutional crossroads.  

At first glance, the matter may appear to be about whether two women, Bonolo Selelelo and Tsholofelo Kumile, can have their love legally recognized. At its core however, this case is about something far more profound: the dismantling of patriarchy, the decolonization of law, and the integrity of Botswana’s constitutional democracy. 

Beyond marriage: a question of power 

Marriage, as a legal institution, has never been neutral. It has historically functioned as a  mechanism for regulating women’s bodies, sexuality, and social roles within a patriarchal  order. To deny LBQ (lesbian, bisexual, and queer) women access to marriage is not merely to exclude them from a legal benefit, it is to reinforce a hierarchy of relationships, where heterosexual unions are deemed legitimate and all others invisible. This case therefore challenges the very foundations of who gets to love, who gets to belong, and who gets to be protected under the law. 

As feminist scholars have long argued, patriarchy is sustained through institutions that  appear ordinary but are deeply political. The law is one such institution. And it is precisely  here that this case intervenes: by asking whether Botswana’s legal system will continue to uphold exclusion, or evolve to reflect the constitutional promise of equality. 

A constitutional journey: Botswana’s courts and human dignity

This is not the first time Botswana’s courts have been called upon to affirm the dignity of  LGBTQI+ persons. Over the past decade, the judiciary has built a progressive body of  jurisprudence grounded in equality, nondiscrimination, and human dignity. 

In Attorney General v. Rammoge and Others (Court of Appeal Civil Appeal No. CACGB 128-14, 2016), the Court of Appeal upheld the right of LEGABIBO to register as an organization. The court affirmed that: 

“The refusal to register the appellant society was not only unlawful, but a violation of the  respondents’ fundamental rights to freedom of association.”

This was followed by the ND v. Attorney General of Botswana (MAHGB-000449-15,  2017) case, where the High Court recognized the right of a transgender man to change his gender marker. The court held: 

“Gender identity is an integral part of a person’s identity … and any interference with  that identity is a violation of dignity.” 

In Letsweletse Motshidiemang v. Attorney General (MAHGB-000591-16, 2019), the High Court decriminalized same-sex activity, declaring sections of the Penal Code unconstitutional. Justice Leburu powerfully stated: 

“Human dignity is harmed when minority groups are marginalized.” 

This decision was affirmed by the Court of Appeal in Attorney General v. Motshidiemang (CACGB-157-19, 2021), where the court emphasized: 

“The Constitution is a dynamic instrument … it must be interpreted in a manner that gives effect to the values of dignity, liberty, and equality.” 

These cases collectively establish a clear principle: the Constitution of Botswana protects all persons, not just the majority. 

The marriage equality case now asks a logical next question: If LGBTQI+ persons are entitled to dignity, identity, and freedom from criminalization, why are their relationships still denied recognition? 

Decolonizing the law: What is truly ‘UnAfrican’? 

Opponents of marriage equality often argue that homosexuality is “unAfrican.” This claim, while politically powerful, is historically inaccurate. Same-sex relationships and diverse gender identities have existed across African societies long before colonial rule. What is foreign, however, are the laws that criminalize these identities. 

Botswana’s anti-sodomy laws were inherited from British colonial legal systems, not from  indigenous Tswana culture. As scholars of African history have demonstrated, colonial  administrations imposed rigid Victorian moral codes that erased and suppressed existing  sexual diversity. To claim that homosexuality is unAfrican, while defending colonial-era laws, is therefore a contradiction.

A truly decolonial approach to the law requires us to ask: Whose morality are we upholding? And whose history are we erasing? 

Marriage equality, in this sense, is not a Western imposition: it is part of a broader project of reclaiming African dignity, plurality, and humanity. 

Democracy on trial: the question of separation of powers

This case also raises important questions about the health of Botswana’s democracy. 

Following the 2021 Court of Appeal decision affirming the decriminalization of same-sex  relations, Botswana witnessed public demonstrations, including marches led by groups such as the Evangelical Fellowship of Botswana (EFB), opposing the judgment and calling for the retention of discriminatory laws. 

While public participation is a cornerstone of democracy, these events raise deeper concerns about the separation of powers. Courts are constitutionally mandated to interpret the law and protect fundamental rights, even when such decisions are  unpopular. When judicial decisions grounded in constitutional principles are publicly resisted on moral or religious grounds, it risks undermining the authority of the courts  and the rule of law itself. 

Democracy is not simply about majority opinion: it is about the protection of minority rights within a constitutional framework. 

Botswana is not a theocracy 

It is also important to clarify a recurring misconception: Botswana is not a Christian nation. 

Botswana is a secular constitutional democracy and more accurately, a pluralistic society that recognizes and respects diversity of belief, culture, and identity. The Constitution does not elevate one religion above others, nor does it permit religious doctrine to  dictate legal rights. The law must serve all citizens equally, regardless of faith. 

To frame marriage equality as a threat to Christianity is therefore misplaced. The question before the courts is not theological, but constitutional: Does the exclusion of same-sex couples from marriage violate the rights to equality and nondiscrimination?

Love, equality, and the future of justice 

At its heart, this case is about love, but it is also about power, history, and justice. It asks whether Botswana is prepared to move beyond colonial legal frameworks and patriarchal  norms, and to embrace a future grounded in equality, dignity, and inclusion. 

It asks whether the Constitution will continue to be interpreted as a living document, one that evolves with society, or remain constrained by outdated moral assumptions. Ultimately, it asks whether Botswana’s democracy can hold true to its founding promise: that all persons are equal before the law. 

As the High Court prepares to hear this case in July 2026, the nation has an opportunity to affirm not only the rights of two individuals, but the broader principle that love, in all its diversity, deserves recognition, and protection. 

Lorato ke lorato.  

Love is love. 

Justice, if it is to mean anything at all, must make space for it.

Nozizwe is the CEO of LEGABIBO (Lesbians, Gays and Bisexuals of Botswana)

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India

Menaka Guruswamy celebrated as India’s first openly LGBTQ MP

Constitutional lawyer elected to Rajya Sabha on March 9

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Menaka Guruswamy (Screen capture via OxfordUnion/YouTube)

India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.

Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.

Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights. 

Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.

Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election. 

“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.

India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited. 

In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.

Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.

Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.

“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”

Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023. 

Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.

Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.

“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”

Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.

“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”

Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.

According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability. 

One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.

More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.

Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse. 

On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.

Guruswamy has not responded to the Blade’s multiple requests for comment about her election.

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