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The South Korean Supreme Court last week upheld health benefits for same-sex couples

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(Los Angeles Blade graphic)

SOUTH KOREA
The South Korean Supreme Court delivered a victory for same-sex couples last week, upholding a lower court ruling that found same-sex couples must be given equal access to benefits under the country’s National Health Insurance Service.

The ruling is a landmark as the first legal recognition of same-sex couples in the East Asian nation.

The Supreme Court ruled that the NHIS refusal to provide spousal benefits to same-sex couples was unconstitutional discrimination. The ruling is final.

The case was filed by a gay couple, So Seong-wook and Kim Yong-min, in 2021 after the NHIS revoked So’s registration as a dependent of Kim and imposed a new premium. So and Kim had been a couple since 2017 and had held a marriage ceremony in 2019.

The NHIS allows married or common-law heterosexual couples to register as dependents in employer-backed insurance but had no policy recognizing same-sex couples.

The Seoul Administrative Court ruled for the NHIS in 2022, but the following year that decision was overturned by the Seoul High Court, which ruled for the couple that the denial was discriminatory.

“When I listened to the verdict, I was so moved that I couldn’t hold back my tears,” So told reporters outside the court. “It took four years to earn this dependent status. We need to fight harder to legalize same-sex marriage going forward.”

The advocacy group Marriage for All Korea said in a statement that the decision was just a first step.

“This decision brings hope to other same-sex couples living in Korean society and is a huge milestone toward marriage equality and equal citizenship for LGBTQ people. However, same-sex couples who are not legally recognized in their marriage still experience various forms of discrimination,” the statement says.

“The lengthy and arduous lawsuits that same-sex couples must endure to gain single rights as a spouse, as seen in this case, should no longer be necessary. Fundamentally, we will continue to push for a broader marriage equality movement to eliminate all institutional discrimination that hinders same-sex couples from legally marrying and fully enjoying their rights as spouses, and for LGBTQ people in Korea to enjoy equal citizenship.”

Several bills to recognize same-sex marriage or civil unions and to ban discrimination against LGBTQ people have been introduced by opposition members in South Korea’s parliament over the years, but none has progressed.

So Sung-uk and his partner Kim Yong-min. (Photo courtesy of marriageforall.kr)

LITHUANIA
A final attempt to pass a long-stalled civil union bill before the end of the current session of Parliament came to an anticlimactic end on July 18, as the government withdrew the bill from the agenda before the final day session began.

The civil union bill had long been a bone of contention in the fractious governing coalition whose largest party is the conservative Homeland Union and includes the more progressive Freedom Party, which had made the bill a priority.

The bill passed through two readings in parliament in part with the support of leftist opposition parties, but when the opposition withdrew their support of the bill — in part to deny the government a win on the issue — the coalition no longer had enough votes to get it passed, as a segment of the Homeland Union opposed it.

Over the past month, the Freedom Party had attempted to strong-arm the Homeland Union holdouts into supporting the bill, by threatening to block Lithuania’s appointment of a European commissioner unless the party supported the bill.

In the last few days of parliament’s session before the legislature is dissolved for October elections, it seemed that the parties had come to an agreement, and the civil union bill was going to be put on the agenda for a final vote on the final day of the session.

But the opposition Social Democrats refused to play ball, once again preferring to deny the government a victory on the file, even though the Social Democrats had campaigned on supporting civil unions in the past. Without their votes, the bill would be doomed to fail.

The government withdrew the bill from the agenda rather than allow it to fail. This will allow the bill to be brought back by the new parliament in October, rather than starting the process over again.

Despite the bill’s withdrawal, anti-LGBTQ protesters met outside the parliament and burned rainbow flags. Vilnius police said they are investigating potential charges of incitement to hatred.

The two-round parliamentary election is scheduled for Oct. 13 and Oct. 27, and polling shows the Social Democrats currently hold a wide lead.

Lithuania is one of only five European Union countries that do not recognize same-sex unions. The others are Romania, Bulgaria, Slovakia, and Poland, the latter of which has proposed a civil union bill that its government hopes to pass in the fall.

UNITED KINGDOM
The newly elected Labour government under Prime Minister Keir Starmer included a ban on conversion therapy in the King’s Speech that opened parliament on July 17, indicating that the bill will be a priority item during the session.

The King’s Speech is a tradition in UK politics, where the monarch reads a speech prepared by the government outlining its priorities for the upcoming session of parliament, usually lasting about a year.

During the election campaign, Starmer had pledged to back a transgender-inclusive ban on the abusive practice of conversion therapy, an issue which has become a political lightning rod in the UK over the past decade as a wave of anti-trans hysteria has gripped the media and much of the political class.

The previous Conservative government had pledged to ban conversion therapy six years ago but failed to bring a bill forward after floating the idea that the bill would allow conversion therapy for trans youth.

The UK LGBTQ advocacy group Stonewall praised the commitment to a conversion therapy ban in a statement.

“We welcome the new government’s commitment to banning conversion practices. Each day that these abusive practices remain legal, our communities are put at risk,” the statement says. “The government needs to urgently publish a comprehensive bill to ban these abhorrent practices once and for all.”

But the new government’s approach to trans issues is not entirely praiseworthy.

Two weeks ago, new Labour Secretary of State for Health Wes Streeting announced that his government was defending and extending a ban on puberty blockers for trans youth that was put in place by the Conservatives. That action has been denounced by trans activists and legal experts.

JAPAN
A trans woman is suing for the right to change her legal gender without first divorcing her wife, in a challenge to the nation’s laws surrounding both same-sex marriage and gender recognition.

The woman, who has not been identified, is in her 50s and has been in a long-term marriage to her wife, who is in her 40s, and neither partner wants to divorce. While she has legally changed her name to a woman’s name, her identification still lists her as “male,” which forces her to have uncomfortable conversations outing her trans status whenever she needs to show official documents.

Since 2003, it has been possible for trans people to update their legal gender in Japan, but only if they are unmarried. That essentially forces any married trans person to divorce their partner if they want to update their gender.

In 2010, the Japanese Supreme Court upheld the requirement that trans people be unmarried to update their legal gender, calling the situation “reasonable” and saying it did not violate the constitution.

But the woman’s lawyers believe the legal situation has changed.

Since 2021, several district courts across Japan have found that the ban on same-sex marriage is unconstitutional. While that has not yet legalized same-sex marriage, these cases will eventually be decided by the Supreme Court. If the court agrees with the lower courts that the ban on same-sex marriage is unconstitutional, then it should also find the divorce requirement for trans people to be unconstitutional.

Yoko Mizutani, one of the woman’s lawyers, says this case may also contribute to legalizing same-sex marriage.

“Many of those concerned have resigned to the notion that if same-sex marriages are not recognized, the unmarried requirement of the act will not change. If we win this petition, it could also help resolve the issue of same-sex marriage.”

SPAIN
The Constitutional Court has provisionally blocked an anti-LGBTQ law passed by the government of the Madrid Community that stripped a number of legal protections from LGBTQ people; citing constitutional, discriminatory, and jurisdictional issues.

Last year, the local government, which is led by the right-wing People’s Party and supported by the far-right Vox party, passed a bill that stripped legal recognition of trans youth, stopped allowing legal gender change without a medical diagnosis, allowed anti-LGBTQ discrimination and authorized conversion therapy.

Despite these legal protections being stripped at the local level, national laws still afforded LGBTQ people all of these rights and protections.

The national government, which is currently led by the left-wing People’s Socialist Party, filed for the injunction against the law, which it called unconstitutional, which the Constitutional Court has accepted.

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A queer Korean adoptee finds healing with original family members

‘I should have been there’

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(Public domain photo)

What does longing for your child look like? What happens when they resurface in front of you, when that rift was once an immeasurable open sea — a searing pain that silently hollowed you out for decades? For the child wrenched away by circumstance and thrown into the purgatory of always feeling in-between: in between home, in between being a whole person, in between who you could have been and who you are now — what does it mean to become and belong?

In filmmaker Jota Mun’s documentary “Between Goodbyes”, the fragmented yearning for home, family and identity are woven together into a tremendous and at times dream-like contemplation of the self, focused on various family members set adrift by a deceitful international adoption machine. 

The story is focused on Mieke Murkes, a queer Korean adoptee who grew up in the rural village of Vaassen in the Netherlands. Shortly after her birth in 1982, she was raised by Willy, a devout evangelical Christian woman. But the story does not begin with Mieke in Vaassen. It begins with Okgyun, her original mother, walking through an ephemeral meadow as she makes her way to a shoreline. This is our first point of loss. 

It is important to understand how the stories of Okgyun and Mieke exist. In “Between Goodbyes”, we see a frustrating glimpse into the cultural and political forces that created this separation. Since 1955, 200,000 children have been adopted from South Korea, and just three years ago, several of these adoptees found that their documents had been falsified. Murkes would sift through her own papers in “Between Goodbyes”, noting their dull and rote descriptions of her physical appearance and health. “The paperwork is as if you’re buying a new car,” Murkes says. 

Written nearby: “Both parents are unknown,” a falsehood that leaves the family breathless. It is a gut punch. 

This March, a South Korean governmental agency admitted that it had violated the rights of adoptees, but an investigation that began in 2022 at the behest of over 350 Korean adoptees has been halted. Whether or not retribution can ever be paid is up in the air, but the reeling grief and complicated self-reckoning many of these adoptees and their families face are rendered and expressed with deep tenderness in Mun’s documentary. “I did not know how to fit the Korean part of me in there,” Murkes said. 

When Okgyun was pregnant with Mieke, she was also raising three other daughters: Mijin, Mikyung and Taekyung. The population was booming, and mothers like herself were being shamed for continuing to have children. Considering abortion, Okgyun recounts a midwife who convinced her not to go through with it — that if the child were a boy, she should keep him. If it turned out to be a girl, she could give her away to live “a good life” in the U.S. “Men are always positioned above women,” Okgyun said. “I always hated that.” 

After Mieke was born, Okgyun’s mother-in-law told her to give her away. “She was gone before I saw her face,” Okgyun said. “I let her go.” Her guilt tightens her throat, trembles in her voice. “I dreamed of Mieke a lot. I can’t tell you how many times,” Okgyun said. “Dreaming and forgetting, dreaming, and forgetting. The thought that kept me going is that one day I can find Mieke.” 

What ensued was a several years-long search. Kwangho, Mieke’s original father, pleaded with an adoption agency for any leads about Mieke. They denied him several times and his desperation only grew. “I had to find her to be at peace before I die,” he said. 

Meanwhile, Mieke’s own grief and confusion were compounding. When she was beginning to discover her queerness, she was deeply ingrained in local religious spaces. What made her feel free, the church treated as an aberration — as behavior that resulted from loss. 

When she would eventually meet her original family, they, too, had trouble processing her queer identity and masculine presentation. To them, queerness was “acquired” from being raised in a foreign land. With time, they grew to embrace Mieke and her partner, Marit, even as misunderstandings arose. Of this, Mieke’s conflictedness is explored. Gay rights are more advanced and accepted in the Netherlands than in South Korea, but this does not mean contending with her queerness would have been easy with her adoptive mother, Willy. “It probably would have disappointed her a lot,” Mieke tearfully revealed.

Mieke’s stepping in between knowing and unknowing is reminiscent of Okgyun’s dreaming and forgetting — their grief and confusion move within them, replicating themselves over and over again. “Between Goodbyes” dives deeply into this in order to offer a portrait of healing: of its complications and the necessity of community support to achieve this. 

Mun discusses the film with the Los Angeles Blade, diving into how reunification between adoptees and original family members is, in many ways, made nearly impossible by factors like language and cultural barriers enforced and held tightly in place by the international adoption system. This film illustrates a break in this narrative and the mighty efforts behind it all.

A broadcast version of “Between Goodbyes” is now available to stream on PBS. See below for more information.

Can you tell me about the inception of making “Between Goodbyes”? Have you always wanted to tell a story about international Korean adoption from a queer perspective?

As a queer Korean adoptee myself, [there are] so many intersections that I haven’t quite seen on screen before. So I was always really excited about making something about my community. And then I’d say, in 2017, is around when I started getting closer to zeroing in on the idea. I think part of it was through befriending Mieke and hearing her parents’ story. Hearing about their efforts really blew my mind. 

So much of the standard narrative is that adoptees initiate the search. So even before meeting [Okgyun and Kwangho], it just felt like it spoke so loudly of not only their character, but a piece of the puzzle that I had never considered — that they could be longing for us. And I think as an adoptee, you always wonder what [your original parents] would think. So it’s very noticeable that we almost don’t ever hear from them directly. Even in narrative stories of adoption, they’re usually deleted, or they’re written in a really flat way that feels like they’re serving the plot. I’ve never seen a depiction of birth mothers in particular who are questioning their own circumstances or feel angry about it.

There’s a lot of nuance given to all of the different people that we see in the story. The pain is layered and deep, and we don’t just view it from one perspective. What was it like having to portray this hurt, when many adoption stories typically focus solely on the adoptee’s emotional and personal journey?

It’s so unique through each lens, even though it’s the same pain. Like her sisters — of course, it’s going to affect them. Even if she never said anything, they must have felt it. It just ripples out to everyone and keeps expanding. 

Originally, it was focused on Mieke, because that’s who I had the most access to, and she’s the closest to me in terms of general identity markers. So in my mind, I felt more confident that I could tell her story in a nuanced way. But what about Okgyun? I was hitting a similar barrier of communication that Mieke had hit. That’s part of why our main producer, Zoe Sua Cho, was so essential in conveying more about Okygun and the original family’s side of the story. 

When I was in the early stages of developing the film, there was a quote that I felt was really inspirational: “In our hurting, we did not realize that we were stolen from each other” (by SN Désirée Cha from Outsiders Within Writing on Transracial Adoption.) The same quote came back to me in the edit and helped us find a narrative structure that went beyond just one person’s perspective. 

What if the main character is the collective trauma, a singular event that causes the family to splinter and suffer across decades? I wanted to explore how tempting it is in these moments of righteous anger at systemic problems to end up fighting with each other. I feel like they both had to mourn something that was so much bigger than any one family. Mieke’s adoption affected so many people that I almost wanted that to be the main character. How do we not get lost in that pain and still try to come back together? It’s too much to carry alone. 

So the main character is not necessarily one person, but the issue that you’re trying to tackle throughout the story. It also makes me think about how the documentary itself, or the making of it, also participates in this community healing that I feel like was the focus of “Between Goodbyes”.

I hope it’s an important layer. Suffice to say I think I always deflect to name a singular main character. I wanted to show everyone’s point of view while of course highlighting especially Okgyun and Mieke. 

What else can you share about your approach to filmmaking?

You know, I was on this wonderful panel earlier this year, hosted by A-DOC, and I kind of surprised myself in preparing for it. I realized, actually, I have a lot of strong beliefs on filmmaking ethics that I hope come through in the film. For example, I reject the genius artist myth. The fantasy that if an artist is talented enough, they get permission to treat everyone around them terribly. That exploitation and squeezing things out of people is the best way to make great art. 

Instead, I want to believe that the sensitivity, the care, and emotional work I poured in is going to come shining through in the film. And I do think that’s part of why we witnessed so many intensely vulnerable moments that I couldn’t have predicted.

This emotional connection to the film is also, visually, represented in artistic and inventive ways. There are sequences interspersed throughout that feel dream-like and cinematic. Creatively, what was it like to structure and craft how you wanted those scenes to be, the weight that they carried, and why you wanted to represent them in that way?

Aw, thanks for saying so! I was clear from the beginning that I wanted certain moments in the film to look as cinematic and epically life-changing as they feel in real life. Because visually, sometimes these moments of heartbreak can look rather dull. The deep heartbreak of a farewell at the airport. What does it look like? It looks like two people hugging in a very normal-looking terminal. But that’s not what it feels like. It feels larger than life. So to me, every single one of the art [scenes] has a very literal symbolism in my mind.

I really enjoy the complexity given to the family, both through the artistic symbolism and through the different angles we get to view them in. When it comes to Mieke’s queer identity, there are varying levels of acceptance and also tension that co-exist. One of her sisters, Mikyung, skirts around terms and labels, instead saying Mieke is “like that,” and “I don’t know anyone like that.” There was this feeling that queerness is learned or acquired elsewhere — that Mieke “wouldn’t have turned out like that” if she had grown up with her original family in Korea.

I can’t be sure what they were implying but you know, I definitely didn’t want to fall into a common trope of seeing Western values as being so liberal and accepting and framing all other cultures as homophobic. I want to be clear that there is a queer community in Seoul. It’s not the same as Amsterdam, of course, but it does exist. 

That’s part of why it was important for me to include Mieke mentioned what she thinks her Dutch mom would have thought — just to clarify that homophobes are everywhere. There are plenty of them here in the West as well. Mieke’s Dutch parents were Evangelist Christians. So it’s not like everyone in the West is free to be a lesbian, you know?

Another moment that struck me in the film was a moment where we, as the audience, get to see you clearly. In this scene, we see you and Mieke on a rooftop, and you’re consoling her as she’s trying to prepare for a difficult conversation with her original mother, Okgyun. Did you have to find a balance in terms of being the director of this film and being Mieke’s friend?

It was really important to me to show friendship and how much that can help you along the journey. You think that for her to emotionally process things, it would have to be with her mom. But that rooftop conversation felt so transformative in itself. And then what ended up being the kind of mirror scene to that was Okgyun talking to Ruth [a fellow original mother]. She needed a buddy, too. How many times in life are we like: the opposing party doesn’t need to get it, but if my friend just could — that would give me so much relief and patience to enter the actual conversation with the person I’m upset with. 

Being so personally close to Mieke and her family meant that my film was about all people I loved and cared about. I think the documentary field comes from such a long history of an anthropological approach. It’s like, “I’ve helicoptered in, and I just met you, but I’m the expert artist.” I wish the ethos were the opposite; we need to care about everyone, from the participants to the crew. I don’t want the blood, sweat, and tears to come through on the screen. I hope that watching it makes people feel cloaked in tenderness and care.

I was so worried about everyone, probably too much. It’s such a weird thing to ask people to do, to be in a film, so I took that with a lot of responsibility. Be aware of the impact you’re having. I am having an effect on this family’s life. I almost wanted to be like: “Forget my art project.” This is about the rest of their lives as a family, and that’s more important. So it became a light on my path, trying to make decisions as best I could to have a positive impact on their relationship. 

It almost made me question my ethics in a different direction. “Am I intervening too much?” And that’s a strange thing: I have to admit I exist. I’m not a fly on the wall. And I think that’s why the conversation on the roof was really the most vulnerable for me, because I was showing myself. I’ve actually been here the whole time, cheering them on or trying to diffuse tension. I set out to make a film about how hard it is to stay in reunion, but now I’ve realized I’ll be heartbroken if their reunion doesn’t last. So in many ways the film was really just a vehicle for my attempt at keeping us all connected across so many distances, and that’s my own emotional journey or connection to their story.

Mun plans to release the full-length film in 2026, along with deleted scenes and additional footage. Up-to-date information can be found on the film’s Instagram page.

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Kazakhstan

Kazakh Senate tables anti-LGBTQ propaganda bill

Lawmakers say they need more time to consider proposal

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Kazakh flag (Photo by misima/Bigstock)

The Kazakh Senate has tabled a vote on a bill that would ban so-called LGBTQ propaganda in the country.

Members of Kazakhstan’s lower house of parliament last month unanimously approved the measure that would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.” The Kazakh Telegraph Agency, an independent news organization, reported the Senate in a statement said senators needed more time to consider the measure.

“It is important to note that the law introduces amendments and additions to the Labor Code of Kazakhstan as well as to 12 other laws of the Republic of Kazakhstan. This is a significant amount of work and requires additional time,” reads the statement. “Moreover, given that the law also regulates issues related to the protection of children’s rights, this is always a matter requiring special consideration and increased attention … “

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Russia, Georgia, and Hungary are among the other countries with anti-LGBTQ propaganda laws.

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Colombia

Colombia anunció la inclusión de las categorías ‘trans’ y ‘no binario’ en los documentos de identidad

Registraduría Nacional anunció el cambio el 28 de noviembre

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(Foto via Bigstock)

OrgulloLGBT.co es el socio mediático del Washington Blade en Colombia. Esta nota salió en su sitio web.

Ahora los ciudadanos colombianos podrán seleccionar las categorías ‘trans’ y ‘no binario’ en los documentos de identidad del país.

Este viernes la Registraduría Nacional del Estado Civil anunció que añadió las categorías ‘no binario’ y ‘trans’ en los distintos documentos de identidad con el fin de garantizar los derechos de las personas con identidad diversa.

El registrador nacional, Hernán Penagos, informó que hizo la inclusión de estas dos categorías en los documentos de: registro civil, tarjeta de identidad y cédula de ciudadanía.

Según la registraduría: “La inclusión de estas categorías representa un importante avance en materia de garantía de derechos de las personas con identidad de género diversa”.

Estas categorías estarán en el campo de ‘sexo’ en el que están normalmente las clasificaciones de ‘femenino’ y ‘masculino’ en los documentos de identidad.

En 2024 se inició la ejecución de diferentes acciones orientadas implementar componentes “‘NB’ y ‘T’ en el campo ‘sexo’ de los registros civiles y los documentos de identidad”.

Las personas trans existen y su identidad de género es un aspecto fundamental de su humanidad, reconocido por la Corte Constitucional de Colombia en sentencias como T-236/2023 y T-188/2024, que protegen sus derechos a la identidad y no discriminación. La actualización de la Registraduría implementa estos fallos que ya habían ordenado esos cambios en documentos de identidad.

Por su parte, el registrador nacional, Penagos, comentó que: “se trata del cumplimiento de unas órdenes por parte de la Corte Constitucional y, en segundo lugar, de una iniciativa en la que la Registraduría ha estado absolutamente comprometida”. Y explicó que en cada “una de las estaciones integradas de servicio de las más de 1.200 oficinas que tiene la Registraduría Nacional se va a incluir todo este proceso”.

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