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Out in the World: LGBTQ news from Europe and Asia

Swedish lawmakers last week passed a sweeping gender-recognition law

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(Los Angeles Blade graphic)

IRAQ

Iraqi protesters set fire to a rainbow-colored flag representing the LGBTQ community in Baghdad in front of the Swedish Embassy after a Quran was burned outside a mosque in Stockholm, June 29, 2023. (Al Jazeera screenshot)

A bill is being discussed in the Iraqi parliament that would introduce the death penalty or life in prison for same-sex relations, Reuters reported this week. Western diplomats have warned Iraqi lawmakers that if passed the law could have serious consequences for Iraqā€™s political and economic ties.

According to Reuters the measure imposes a sentence of life imprisonment or the death penalty for anyone engaging in same-sex relations or anyone who swaps their wife with someone elseā€™s for sexual purposes. Lawmakers postponed voting over time constraints and that some disagreements remained over proposed amendments

The law contains a provision that echoes the Russian law banning the promotion of homosexuality and violations are punishable by at least seven years in prison.

UNITED KINGDOM

Tory MP Miriam Cates speaks in the House of Commons in December 2023 (Parliament TV screenshot)

Miriam Cates, the Tory MP for Penistone and Stocksbridge in South Yorkshire, took aim this week against a proposal to set up voluntary ā€œgender and sexual orientation alliance groupsā€ in Scottish schools that opt in. 

Speaking to GB News, Cates said: ā€œThese are children who have not been through puberty and they donā€™t have sexual feelings. Asking them if they are straight or gay is not only ridiculous, it is also disturbing. Why would an adult in a school be asking a small child about their sexual feelings?ā€ She added that the scheme is ā€œvery, very worryingā€ and has been ā€œdressed up to be seen as a diversity agenda, an inclusivity agenda.ā€

The Tory MP has a long record of anti-LGBTQ remarks and activism. In January 2023, after the government of Prime Minister Rishi Sunak announced its unprecedented decision to use a Section 35 order under the Scotland Act to prevent the Scottish bill from becoming law, addressing the House of Commons, Cates said she believed it was ā€œā€‹ā€‹absolutely rightā€ for the Tory government to block Scotlandā€™s gender reform law. 

PinkNewsUK reported Cates then claimed the bill would make it ā€œvastly easier for a predator to gain access to childrenā€ and alleged it would have a ā€œchilling effectā€ on single-sex spaces. 

PinkNewsUK also noted that the Tory MP said that this latest push to encourage schools to install gender-neutral bathrooms, and hold meetings about LGBTQ inclusion, among other initiatives in Scotland was little more than ā€œadults with a particular ideology are pushing that ideology on children, with damaging effects.ā€

A Scottish government spokesperson told the Telegraph: ā€œWe are committed to doing everything we can to make Scotland the best place to grow up for LGBTQI+ young people.ā€ The spokesperson added: ā€œThis includes funding LGBT Youth Scotland to deliver a range of projects, such as the LGBT Charter program.ā€

SWEDEN

Swedish parliament (Photo courtesy of the Swedish government)

The Swedish parliament has passed a sweeping gender-recognition law that eases the process for transgender people to update their legal gender. The law also lowers the minimum age for a gender change from 18 to 16, although minors will be required to have the consent of their parents, a doctor, and the National Board of Welfare.

The Swedish Parliament adopted the law in a 234-94 vote on April 17, following six hours of tense debate. The law will come into effect next July.

The law was supported by the Moderate Party, which is the largest party in the governing coalition, as well as several opposition parties. The bill was vehemently opposed by the Christian Democrats, which are part of the coalition, and the far-right Sweden Democrats, who are in allied with but not a part of the government.

Sweden became the first modern country to allow legal gender change back in 1972, but the process to do so was derided as cumbersome and dehumanizing. Trans people would be forced to live in their gender identity for at least two years before applying, theyā€™d have to be single or divorce their spouse, and theyā€™d have to first undergo sex reassignment surgery and sterilization. 

Roughly 800 trans Swedes are believed to have undergone sterilization under this regime before the law was changed to remove that requirement in 2013. In 2018, parliament approved a compensation scheme that awarded up to 225,000 Swedish krone (approximately $27,000) to people forced to undergo sterilization.

But other countries have since leapfrogged Sweden in recognizing trans peopleā€™s right to gender self-determination. All of the other Nordic countries ā€” Norway, Denmark, Iceland, and Finland ā€” allow trans people to update their legal gender by simple self-declaration, as do New Zealand, Ireland, Spain, Portugal, Chile, Argentina, Brazil, as well as many states and provinces of Canada, Mexico, and the U.S.

The new law doesnā€™t give trans Swedes everything they had wanted. While the application process no longer requires a doctorā€™s diagnosis of gender dysphoria, a consultation with a doctor or psychologist is still required. Children under 16 are also prevented from changing their legal gender, even with parental consent.

The law also maintains a ban on gender-related surgeries on minors. 

Moderate Party leader Ulf Kristersson says that the bill will be a big help for trans people in Sweden, pitting the law as a reasonable compromise . 

ā€œThe vast majority of people in Sweden will never notice that the law changes. But for a number of people in an often vulnerable situation, the new law can make an important difference. Everyone should be able to respect that,ā€ Kristersson wrote in the Expressen  newspaper

Lina Axelsson Kihlblom, a trans woman and former minister of education from 2021-2022, the change will protect trans peopleā€™s security.

ā€œFor transgender people, it makes a huge difference to oneā€™s freedom, security, future and sense of respect from society. We who are actually affected therefore really want a modernization of the law,ā€ she wrote in Expresssen

ā€œI was forcibly sterilized, aged 21. I also had to wait until I was almost 24 before my legal gender was corrected. For several years, I had risked my life by having to show ID documents that did not show what others or I myself saw. Threats, hatred and fear of the uncomprehending mob were there daily. These traumas give me an ā€˜experienceā€™ that I reluctantly house within me every day, even though I have passed 50. No one else should have to handle it,ā€ Kihlblom says.

CZECH REPUBLIC

Czech President Petr Pavel speaks to the EU Parliament in October 2023 in Strasbourg, France. (Photo courtesy of Pavel’s office)

The Czech Senate ended debate on the same-sex partnership law without a vote on April 17, sending it on to President Petr Pavel, who is expected to sign it into law.

Czechia has allowed same-sex couples to enter ā€œregistered partnershipsā€ since 2006, but these have always been seen as inferior to full marriage equality. Couples in registered partnerships were not given equal tax treatment, were not allowed to adopt children, and were not called ā€œmarriedā€ or treated as a family.

Under the new bill, ā€œregistered partnershipsā€ will be replaced with ā€œpartnerships,ā€ that are given all the rights of marriage except for the word ā€œmarriage,ā€ and except for the right to jointly adopt children. The bill will come into effect in January 2025.

Going forward, couples in partnerships will have access to stepchild adoption, where one partner adopts the otherā€™s biological child. Adopting a partnerā€™s non-biological child will be possible but will require a court procedure.

Same-sex marriage has long been a political hot potato in Czechia. Polls consistently show the public supports same-sex marriage and adoption rights, but lawmakers are more conservative. 

This partnership bill started as a same-sex marriage bill, but the lower house of parliament amended the bill to the current version when it passed it in February. There was some concern among lawmakers that there was not enough support in either house of parliament to pass full marriage equality.

There had been some hope among activists that the Senate would amend the bill to allow same-sex marriage, but that fizzled as several committees examined the bill and failed to adopt amendments. 

ā€œWe were not afraid of the discussion in the Senate, it took place powerfully in the committees. But we didnā€™t want things that hurt people from the LGBTI+ community to be heard again,ā€ VĆ”clav LĆ”ska, a senator from the Pirates party, told iDNES.cz. ā€œThere was a real risk that the law would fall under the table and the LGBTI+ community would get no rights at all. Itā€™s a temporary compromise.ā€

The same-sex marriage advocacy group Jsme fƩr said the new partnerships bill maintains discrimination against gay people and their children.

ā€œIt does not give them the same rights as other citizens. It disadvantages children only according to the relational orientation of those who adopt them. Those children who want to be adopted by a same-sex couple will have to go through their own adoption twice,ā€ said Jsme fĆ©r. ā€œThe dream goal of our journey together is still waiting for us.ā€

NEPAL

(Photo courtesy of the Nepal Tourism Board)

The Nepal Tourism Board hosted the countryā€™s first-ever conference dedicated to promoting LGBTQ tourism in the Himalayan nation this weekend, in a sign of the growing acceptance of queer people as well as the growing interest in the spending power of queer tourists.

Nepal has swiftly expanded LGBTQ rights since the country decriminalized gay sex and cross-dressing in 2007 in the wake of the establishment of democratic government. Since then, the courts have ordered the government to take increasing steps to promote LGBTQ rights and inclusion, culminating in last yearā€™s interim Supreme Court decision legalizing same-sex marriage. A final decision on same-sex marriage is expected from the Supreme Court soon. 

Nepal is only the second country in Asia to legalize same-sex marriage. 

For Nepal Tourism Board director Nandini Lahe-Thapa, LGBTQ tourism represents a huge opportunity for growth in the impoverished country. 

ā€œFor Nepalā€™s tourism industry, the LGBTIQ conference is a triumph as this is one of the most important market segments that we have yet to tap,ā€ Lahe-Thapa told the Kathmandu Post.

Lahe-Thapa hopes Nepal can leverage its position as one of only a few places in the region where LGBTQ people are tolerated and welcomed to provide a unique travel experience for queer visitors. 

ā€œPeople might feel uncomfortable sharing their identity and choices if the place and the people are judgmental and unfriendly. Here we have an advantage as a destination,ā€ Lahe-Thapa says.

To build on that advantage, the Nepal Tourism Board has invested in ways to make the country more welcoming to LGBTQ travelers by training queer Nepalis to work in the hospitality industry ā€” and particularly as trekking guides to help queer visitors access Nepalā€™s popular mountains. Last year, the board organized trekking guide training to 25 queer Nepalis.

There are now dozens of business across the country openly owned by members of the LGBTQ community, including bars, restaurants, hotels, and travel and tour operators, particularly in the bustling capital, Kathmandu.

Participants in the conference also noted that legal same-sex marriage presents a particular opportunity for the country.

ā€œBusinesses are opening up for the queer and thatā€™s a good sign. We can promote Nepal as a same-sex marriage and honeymoon destination,ā€ says Sunil Babu Pant, a former legislator who was the first openly queer lawmaker elected in Asia.

Conference attendees also pointed out that Nepalā€™s long history and diverse culture includes many LGBTQ-related traditions, which present a unique attraction for visitors. Nepal has important ancient festivals, temples, rituals, stories, and traditional culture recognizes six genders, all of which offer a unique experience for the queer traveller.

The queer market is frequently cited as being worth trillions of dollars annual across the globe, with LGBTQ people often seen as being more likely to spend on travel and unique experiences than most buyers. 

One of the largest segments of the LGBTQ tourism market is in neighboring China, where the queer population is estimated to hold hundreds of billions of dollars in wealth. Nepal is uniquely positioned to take advantage of the Chinese market, which is only expected to grow.

ā€œOne of the things that we know from Chinese gay travelers is they are looking for places they feel safe, where they can hold hands and where they can have new experiences,ā€ says Diane Anderson-Minshall, CEO of GO Magazine, who was one of the presenters at the conference.

NEW ZEALAND

31-year-old Ford Oā€™Connor appeared in Auckland District Court and pleaded guilty. (Television New Zealand/TVNZ1 screenshot)

One of the men accused of defacing a Pride-flag themed crosswalk in Aucklandā€™s central business district has pleaded guilty to the crime and was ordered to pay a huge fine in restitution, RNZ reported.

The Progress Pride Flag-themed crosswalk on Karangahape Road in the heart of Aucklandā€™s queer neighborhood was painted over in the middle of the night on March 27, by vandals who were recorded dumping white paint over it and mopping it over the crosswalk to cover it nearly completely. Much of the white paint was subsequently washed off by rain and traffic.

Video of the vandalism was shared to the Tiktok account @aucklandcitynight00. Police quickly identified the vandals by recognizing unique markings on their truck.

It was the second rainbow crosswalk to be vandalized that week, after vandals targeted a crosswalk in Gisborne, about 300 miles southwest of Auckland, two days earlier. Police were able to apprehend several suspects in that incident.

31-year-old Ford Oā€™Connor appeared in court April 15 to plead guilty to the Auckland vandalism and was ordered to pay NZ$16,093 (approximately $9,475) in reparations.

Both sets of vandals were affiliated with the extremist Divinity Church, a Christian cult led by Brian Tamaki with around 1,700 members, according to the latest New Zealand Census. Tamaki preaches a far-right political ideology alongside anti-LGBTQ messages.

Tamaki later told a press conference that Oā€™Connor is married to his granddaughter. Tamaki had previously denied his Churchā€™s involvement in the Auckland vandalism.

Tamaki has also claimed that the vandalism of the Pride crosswalks was not a hate crime, and that he supported the vandalism as an act of protest against ā€œrainbow washingā€ at the taxpayerā€™s expense.

New Zealand does not have hate crime laws that impose stiffer penalties on hate-motivated crimes, although police do track them. The vandalism had been tracked as a hate crime.

The church has recently taken particular issue with drag queen story events at public libraries, leading at least one library to cancel an event due to security concerns raised by the threat of Divinity Church protesters.

Auckland Transport says the Pride flag crosswalk is expected to be restored within the month.

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Japan

Japanā€™s marriage equality movement gains steam

Nagoya High Court this month ruled lack of legal recognition is unconstitutional

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Since 2019, the advocacy group Marriage For All Japan has sued the Japanese government in all five district courts. (Photo courtesy of Marriage For All Japan)

Japanā€™s Nagoya High Court on March 7 ruled the lack of legal recognition of same-sex marriages violates the countryā€™s constitution. 

The plaintiffs argued Japanā€™s Civil Code and Family Registration Act, which does not recognize same-sex marriages, violates the countryā€™s constitution. They cited Article 14, Paragraph 1, which guarantees equality under the law and prohibits discrimination based on factors that include race, creed, sex, or social status. The plaintiff also invoked Article 24, Paragraph 2, which emphasizes that laws governing marriage and family matters must uphold individual dignity and the fundamental equality of the sexes.

The plaintiffs sought damages of 1 million yen ($6,721.80) under Article 1, Paragraph 1, of the State Redress Act, which provides for compensation when a public official, through intentional or negligent acts in the course of their duties, causes harm to another individual. The claim centered on the governmentā€™s failure to enact necessary legislation, which prevented the plaintiff from marrying.

The court noted same-sex relationships have existed naturally long before the establishment of legal marriage. It emphasized that recognizing such relationships as legitimate is a fundamental legal interest connected to personal dignity, transcending the confines of traditional legal frameworks governing marriage and family.

The court further observed same-sex couples encounter significant disadvantages in various aspects of social life that cannot be addressed through civil partnership systems. These include housing challenges, such as restrictions on renting properties, and financial institutions refusing to recognize same-sex couples as family members for mortgages. Same-sex couples also face hurdles in accessing products and services tailored to family relationships. While the court deemed the relevant provisions unconstitutional, it clarified that the governmentā€™s failure to enact legislative changes does not constitute a violation under the State Redress Act.

The lawsuit, titled ā€œFreedom of Marriage for All,ā€ brought together a large coalition of professionals, including more than 30 plaintiffs and 80 lawyers. They filed six lawsuits in five courts throughout Japan.

ā€œWe filed these lawsuits on Valentine’s Day, Feb. 14, 2019, in Tokyo, Osaka, Nagoya, and Sapporo, and in September of that year in Fukuoka,ā€ noted Takeharu Kato, director of Marriage for All Japan. ā€œThen, in March 2021, the Sapporo District Court handed down the first ruling declaring the current laws unconstitutional, which received extensive worldwide media coverage. Subsequently, the Osaka District Court unfortunately ruled that the current law is constitutional, but among the 10 rulings handed down so far, nine have ruled that not recognizing marriage equality is unconstitutional.ā€

Kato is a lawyer who is part of the legal team in the Sapporo case. He is also a board member of Marriage for All Japan, a marriage equality campaign.

ā€œThe MFAJ (Marriage for All Japan) is fully supporting the lawsuits by publicizing the current status of the trials and the rulings in our websites and social networks, setting up press conferences at the time of the rulings,ā€ Kato told the Washington Blade. ā€œWe also make the best of the impact of the lawsuits in our campaign by holding events with the plaintiffs of the lawsuits and inviting them to the rally at Diet (the Japanese parliament) membersā€™ building.ā€

Kato said the campaign has significantly shifted public opinion, with recent polls indicating more than 70 percent of Japanese people now support marriage equality ā€” up from approximately 40 percent before Marriage for All Japan launched. He also noted 49 percent of Diet members now back marriage equality.

Japan is the only G7 country that does not legally recognize same-sex couples. Taiwan, Nepal, and Thailand have extended full marriage rights to gays and lesbians.

Expressing disappointment, Kato said many Japanese politicians continue to resist marriage equality, despite overwhelming public support. Kato added Marriage for All Japan expects the Supreme Court to rule on their lawsuits in 2016.

ā€œWe believe that the Supreme Court will also rule that the current laws are unconstitutional,ā€ he said. ā€œHowever, the Supreme Court’s ruling alone is not enough to achieve marriage equality under the Japanese legal system. We should put more and more strong pressure on the Diet to legalize marriage equality in Japan as soon as possible.ā€

Several municipalities and prefectures issue certificates that provide limited benefits to same-sex couples, but they fall short of equal legal recognition.

Prime Minister Fumio Kishidaā€™s government has faced mounting pressure on the issue as public support for marriage equality has surged in recent years. Kishida has yet to push reforms within his own party; encountering fierce opposition from its traditional leadership.

His government in June 2023 passed Japanā€™s first law addressing sexual orientation and gender identity, aiming to “promote understanding” and prevent “unfair discrimination.” Activists, however, widely criticized the legislation on grounds it fails to provide comprehensive protections or extend marriage rights to same-sex couples.

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Chile

2024 was ā€˜year of regressionā€™ for LGBTQ rights in Chile

Advocacy group blamed rise in ultra-right, government inaction

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(Washington Blade photo by Michael K. Lavers)

A report that a Chilean advocacy group released on Tuesday says 2024 was a ā€œyear of regressionā€ for LGBTQ rights.

The Movement for Homosexual Integration and Liberation (Movilh)ā€™s 23rd Sexual and Gender Diversity Human Rights report notes LGBTQ rights for the first time since democracy returned to Chile in 1990 not only stopped advancing, but saw significant rollbacks in the three branches of government.

The Movilh report describes 2024 as ā€œthe year of regression,ā€ noting 23.5 percent of human rights violations against LGBTQ people over the last two decades occurred last year. A total of 2,847 discrimination complaints were reported in 2024, representing a 78.7 percent increase over the previous year.

The report documents two murders, 44 physical or verbal assaults, two incidents of violence in police stations, 89 reports of abuse in the workplace, and 65 incidents in educational institutions in 2024. The transgender community was particularly affected, with a 462.6 percent increase in discrimination cases compared to 2023.

The Movilh report notes the growing influence of the ultra-right, whose narratives have fostered hate speech, is one of the main factors behind the deterioration of LGBTQ rights in Chile. The advocacy group also criticizes authorities who have remained silent in the face of these attacks, even though they say they support the LGBTQ community.

The report specifically singles out the Executive Branch.

Movilh specifically highlights the prohibition of public funds for hormone treatments for trans minors and the postponement of these procedures in public hospitals. The government reversed course after intense pressure and judicial appeals.

The report also criticizes the judiciary.

The Oral Criminal Trial Court of San Antonio refused to classify the murder of a trans woman as a femicide, arguing her identity card still reflected the gender assigned to her at birth. The Court of Appeals of Santiago also ordered the removal of a homophobia complaint on social media, setting what NGOs have described as a dangerous freedom of speech precedent.

A group of hooded men attacked participants in the Chilean capital’s
annual Pride parade on June 29, 2024. (Photo courtesy of the Movement for Homosexual Integration and Liberation)

The report notes ValparaĆ­so, Metropolitana, and BiobĆ­o are the three regions with the highest number of discrimination complaints, with 51.3 percent, 25.1 percent, and 5.8 percent respectively. Reported cases increased in 11 of Chileā€™s 16 regions, with Ƒuble leading the way with a 300 percent increase.

Faced with this bleak panorama, advocacy groups have intensified their efforts to denounce the violence and demand LGBTQ rights are once again guaranteed. Movilh, along with other organizations, have approached the Inter-American Commission on Human Rights and the U.N. about the situation in Chile.

“We are seeing a reversal of rights that cost decades of struggle,ā€ warns the report. ā€œIf the State does not act urgently, we run the risk of discrimination and violence becoming institutionalized.”

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Hungary

New Hungarian law bans Pride marches

Viktor OrbĆ”n’s government has cracked down on LGBTQ rights

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Stickers on the door to the HƔtter Society's offices in Budapest, Hungary, in April 2024. Hungarian lawmakers have approved a bill that would ban Pride events in the country. (Washington Blade photo by Michael K. Lavers)

Hungarian lawmakers on Tuesday passed a bill that would ban Pride events and allow authorities to use facial recognition technology to identify those who participate in them.

The Associated Press reported thousands of protesters gathered outside the Hungarian parliament in Budapest, the country’s capital, after MPs approved the measure by a 136-27 vote margin. The protesters later blocked traffic on the nearby Margaret Bridge over the Danube River.

ā€œNot only does this law introduce discriminatory and simply evil restrictions on freedom of assembly, but it was also adopted in a highly undemocratic manner, through an extraordinary procedure that did not allow for any real debate,ā€ said TamĆ”s Dombos of the HĆ”ttĆ©r Society, a Hungarian LGBTQ and intersex rights group, in a statement that Outright International released after the vote. ā€œThey proposed it yesterday, and the parliament adopted it today.”

Amnesty International Hungary Director DƔvid Vig also criticized the vote.

ā€œThis law is a full-frontal attack on the LGBTI community and a blatant violation of Hungaryā€™s obligations to prohibit discrimination and guarantee freedom of expression and peaceful assembly,” said Vig.

Prime Minister Viktor OrbƔn and members of his government in recent weeks said they would ban public Pride marches in Budapest. The 30th Budapest Pride is scheduled to take place on June 28.

“The Hungarian government is trying to restrict peaceful protests with a critical voice by targeting a minority,” said Budapest Pride on Tuesday in a statement the Washington Blade published. “Therefore, as a movement, we will fight for the freedom of all Hungarians to protest!”

OrbƔn and members of his ruling Fidesz party over the last decade have moved to curtail LGBTQ and intersex rights in Hungary.

A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.

An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.

MPs in 2023 approved the ā€œsnitch on your gay neighborā€ bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the countryā€™s second-largest bookstore chain, 12 million forints ($33,001.94), for selling copies of British author Alice Osemanā€™s ā€œHeartstopper.ā€

Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungaryā€™s anti-LGBTQ crackdown.

“We will not be intimidated, we will not give in to bullying,” said Dombos. “We are celebrating Pride for the 30th time in Budapest this year.”

“There was Pride before the OrbĆ”n governments, and there will be Pride after,” he added.

Elections will take place in Hungary in 2026.

Budapest Pride spokesperson Johanna Majercsik earlier this month said the Hungarian Helsinki Committee, a Budapest-based human rights NGO, has offered their organization legal advice.

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