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Tongan lawyers have called for removal of country’s gay chief justice

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(Los Angeles Blade graphic)

TONGA

A group of lawyers in the South Pacific nation of Tonga has called for the removal of newly appointed Chief Justice Malcolm Bishop because he is openly gay.

Bishop, a 71-year-old native of Wales, was appointed to the role last month. It is relatively common in small island nations for judges to be appointed from other Commonwealth countries, due to the scarcity of qualified jurists. 

Bishop has more than five decades of legal experience and has lived as an openly gay man through much of his career.

But a group of Tongan lawyers say Bishop should not serve on the bench because “his lifestyle conflicts with the law of Tonga,” and they’ve petitioned King Tupou VI to remove him. The group cites Tonga’s Criminal Offenses Act, which criminalizes sodomy with a penalty of up to 10 years in prison. 

But that opposition is not universal. The Tongan Law Society has dissociated itself from the petition.

Henry Aho, a lawyer and former president of Tonga’s Leitis Association, the country’s largest LGBTQ advocacy group, suggests a darker purpose behind the petition.

He says the group is trying “to bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also.”

Neither Bishop nor King Tupou VI have responded publicly to the petition.

The sodomy law has never been enforced in Tonga, but the country’s largely Christian culture remains deeply conservative and opposed to LGBTQ rights. Efforts to lobby the government to repeal the sodomy law — a relic of the British colonial administration – have fallen on deaf ears, even as other South Pacific nations like Palau, Nauru, Fiji, and the Cook Islands have decriminalized sodomy in recent years.

The government has opposed LGBTQ rights so strongly that it is one of only five countries that has not signed or ratified the Convention on the Elimination of Discrimination Against Women, out of fear that it could lead to decriminalization of homosexuality and same-sex marriage. The other states are Iran, Sudan, Somalia, and the Vatican. The U.S. and Palau have signed but not ratified the convention. 

AUSTRALIA

Australia’s Labor government has spun itself in circles on LGBTQ issues in recent weeks, with its latest broken promise to the country’s LGBTQ community being new hate crime legislation that does not criminalize hate speech that vilifies minority groups.

The updated legislation strengthens some of the nation’s laws against urging hate-motivated violence and by adding specific provisions for hatred motivated by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.

The government also introduced a separate bill that would criminalize “doxing,” which is the release of a person’s personal information with the intent to threaten, harm, or intimidate them. The law encompasses the release of a person’s private information about their sexual orientation or gender identity. Violators could get up to seven years in prison if their target is a member of a protected class.

But Labor had promised to criminalize the vilification of LGBTQ people, and that’s missing from the introduced legislation.

Attorney General Mark Dreyfus says the two laws “respond to the increasing prevalence of hate speech and hateful conduct in our society.”

Vilification laws already exist in several Australian states, but a national law would protect queer Australians in the states that don’t have them — Western Australia, South Australia, Victoria, and the Northern Territory.

This is the latest policy flip on LGBTQ issues from the Labor government of Prime Minister Anthony Albanese.

Last month, the government caused controversy when it announced that it would not count LGBTQ people in the 2026 national Census, contrary to their election manifesto. The government eventually reversed its announcement, first saying it would ask a question about sexual orientation, then saying it would also add a question about gender identity.

Albanese’s government also came under fire earlier this year for walking back a promise to close an exception to discrimination law that allows religious schools to discriminate against LGBTQ students and teachers.

In a positive development, the government of South Australia state announced it would introduce a law to ban conversion therapy this week, modeled after legislation passed in several other states. After it passes, only Western Australia, Tasmania, and Northern Territory would lack laws against conversion therapy.

Western Australia’s government had announced plans to ban conversion therapy in 2022, but this week announced that they will not have time to pass a bill to ban it until after state elections next year.

JAPAN

Pressure is increasing on Japan’s government to recognize same-sex couples, as four more prefectures began same-sex partnership registries this month.

Fukushima, Yamaguchi, Niigata, and Shima, with a combined population of about 7 million people, bring the total number of prefectures issuing partnership certificates to same-sex couples to 30 out of Japan’s 46 prefectures. They’re home to more than 66 percent of Japan’s population of 125 million.

Partnership certificates help same-sex couples access local services, but otherwise hold no legal status and confer no rights or obligations on the parties. That’s made it difficult for same-sex couples to access national services or uphold their rights regarding inheritance, parenting, and taxation.

Even though polls suggest a majority of Japanese people support equal rights for same-sex couples, the deeply traditional national government has continued to oppose expanding marriage rights.

A series of court cases filed across the country have sought to have the ban on same-sex marriage declared unconstitutional. But while five out of six district courts that have heard the cases found the ban unconstitutional, they have all refused to allow same-sex marriage outright. 

Appeals to those cases are ongoing, with one appeal to be heard in the Tokyo High Court on Sept 26, a ruling in a separate Tokyo case expected to be handed down Oct. 30, a ruling from the Nagoya High Court expected on Nov. 5, and a ruling from the Fukuoka High Court expected on Dec. 13.

It’s likely the issue will ultimately be decided by Japan’s Supreme Court.

Japan is in the midst of selecting a new prime minister, after incumbent Fumio Kishida announced he was resigning as leader of the governing Liberal Democratic Party last month. None of the leading candidates for leadership has endorsed same-sex marriage except for Taro Kono, who is currently polling far behind other candidates. The leadership election is scheduled for Sept. 27. 

FINLAND

A citizen’s initiative to ban so-called conversion therapy in Finland appears to have the support of a clear majority of lawmakers but is still unlikely to pass into law due to opposition from two conservative parties that are part of the ruling coalition.

Last week, the chair of parliament’s Legal Affairs Committee, Juho Eerola, announced he was indefinitely suspending consideration of the initiative due to purported leaks to the media on the issue. Eerola comes from the far-right Finns Party, which opposes the initiative and LGBTQ rights generally.

The Finns are joined by the Christian Democrats in opposing the conversion therapy initiative. Leaders of both parties put out a statement saying the initiative would not pass during the life of the current parliament, which is expected to last until 2027.

The two parties are in a four-party coalition with the National Coalition Party and the Swedish People’s Party. While both of the latter parties support the conversion therapy ban, the coalition agreement does not mention it.

The left-leaning opposition Social Democrats, Left Alliance, and Green League all support banning conversion therapy as well. Together, those five parties have 125 votes out of 200 members of parliament — and several members of the Center Party are also supportive.

Under Finnish law, a citizen’s initiative must be considered by parliament if it gathers more than 50,000 signatures. Groups supporting a ban submitted 52,000 signatures in November 2023.

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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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Japan

Tokyo court upholds Japan’s same-sex marriage ban

Country is only G7 nation without legal recognition of same-sex couples

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(Bigstock photo)

The Tokyo High Court on Nov. 28 ruled the lack of marriage rights for same-sex couples in Japan is constitutional.

The Associated Press notes Judge Ayumi Higashi upheld the legal definition of a family in Japan as a man and a woman and their children. The court also dismissed the eight plaintiffs’ demand for 1 million yen ($6,406.85) in damages.

Hiromi Hatogai, one of the plaintiffs, told reporters after the court ruled that she is “so disappointed.”

“Rather than sorrow, I’m outraged and appalled by the decision,” said Hatogai, according to the AP. “Were the judges listening to us?”

Japan remains the only G7 country without legal recognition of same-sex couples, even though several courts in recent years have ruled in favor of it.

The Sapporo District Court in 2021 ruled the denial of marriage benefits to same-sex couples violates the constitution’s equality clause. The Nagoya District Court in 2023 issued a similar ruling. The Fukuoka District Court in a separate decision said Japan’s current legal framework is unconstitutional. The Tokyo High Court in 2024 came to the same conclusion.

The Washington Blade last month noted Prime Minister Sanae Takaichi, who is Japan’s first female head of government, opposes marriage equality and has reiterated the constitution’s assertion the family is an institution based around “the equal rights of husband and wife.”

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India

India’s Jharkhand state works to improve trans people’s access to health care

People for Change working with local officials to address disparities

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Jkarhkand State Health Minister Irfan Ansari, right, meets with local LGBTQ activists. (Courtesy photo)

The transgender community has been part of India’s social fabric for centuries, but decades of policy neglect pushed many into poverty and inadequate health care. 

The Supreme Court formally recognized trans people as a third gender in 2014, yet state-level services developed slowly. Telangana opened India’s first dedicated trans clinic, the Mitr Clinic, in 2021 with support from the U.S. Agency for International Development and Johns Hopkins University. Jharkhand State has now ordered all government hospitals and medical colleges to establish dedicated outpatient units for transgender patients.

People for Change, an LGBTQ organization, spent the past year mapping gaps in trans health care across Jharkhand. Its surveys of 100 trans residents in five districts found limited access to gender-affirming care, hormone therapy, dermatology, and mental-health services. The group followed this survey with a May 2025 consultation in Jamshedpur, an industrial town in Jharkhand, that brought together clinicians and community leaders to outline a feasible outpatient model. 

Those findings were presented to Health Minister Irfan Ansari in June, backed by input from allied organizations and more than 50 trans leaders. The process helped inform the state’s decision to introduce dedicated trans outpatient departments in all government hospitals and medical colleges.

People for Change, which played a central role in shaping the policy, noted that government hospitals in Jharkhand still face infrastructure and resource gaps. Even so, the group said the order reflects a clear policy commitment to creating dedicated trans health services.

If Jharkhand’s trans outpatient departments system functions as planned, it could become a regional model for states with comparable gaps in public health access. 

Government data from the 2011 Census — the latest official count to identify an “other” gender category — lists 13,463 trans residents in Jharkhand, alongside sizable populations in neighboring states: 40,827 in Bihar, 30,349 in West Bengal, 22,364 in Odisha, 18,489 in Chhattisgarh, and 137,465 in Uttar Pradesh. Though likely underreported, these figures underscore the scale of need across eastern and central India.

“The decision to start dedicated transgender OPDs (outpatient departments) is not just an administrative step — it is a statement of inclusion, a recognition that the transgender community deserves discrimination-free, dignified, and responsive healthcare. When the government takes such a deliberate step, it sets a tone for systemic change,” said Souvik Saha, founder of People for Change. “It creates an official entry point for transgender healthcare.”

“For the first time, transgender persons will have a recognized and respectful space within the public health system,” added Saha. “That itself is a major shift. It signals to doctors, nurses, and administrators that transgender health is a priority. This leads to sensitization, accountability, and the gradual improvement of attitudes within hospitals.”

Saha told the Washington Blade the policy is likely to trigger broader improvements, noting that once a service is formally notified, budget allocations, training, infrastructure, and staffing typically follow. He said the move could strengthen the system gradually, “step by step.”

“We are realistic: we know improvements won’t happen overnight. But we are also optimistic because the state has already shown genuine leadership and empathy by issuing this order,” said Saha. “And since Jharkhand is celebrating its 25th year of formation, this decision reflects the state’s intention to move towards greater equality and social justice.” 

“For the transgender community, this is not just a service — it is dignity. It is visibility. It is inclusion,” he added. “And with the government, civil society, and community working together, we believe this will lead to meaningful and lasting change in the years ahead.”

Saha told the Blade that the dedicated transgender outpatient will operate within existing government medical colleges and hospitals in Jharkhand and will be staffed by current medical and paramedical teams, with no separate funding required at this stage. He said the policy does not call for separate wards or beds, but for clearly designated outpatient spaces for trans patients. The service, he added, will be run by existing staff who will receive training and orientation as needed.

“At this moment, the specific operational details are still being discussed with the government of Jharkhand. However, what is clear is: the OPD will function as a dedicated space within the hospital, not limited to a specific day,” said Saha. “Transgender individuals will have access to focused, discrimination-free services through this dedicated space. The clinic will run through existing hospital systems, with linkages to psychiatry, dermatology, endocrinology, and other departments when required.”

“This structure allows the government to start services immediately without needing new construction, new staff positions, or separate budget lines,” he added. “It is a practical and efficient first step, making the service accessible while keeping the doors open for: future budget allocations, specialized staffing, expansions into gender-affirming services, and strengthened infrastructure. The government’s intent is very clear: to ensure dignified, equitable, and discrimination-free healthcare for the transgender community. This order is a strong beginning, and operational details will continue to evolve through collaborative discussions between the government, hospitals, and People for Change.”

Saha acknowledged that taboos, misinformation, and stereotypes about the trans community persist in Jharkhand and in many other states. However, Saha said there are encouraging models at which to look. 

He pointed to Kerala and Chhattisgarh, which have introduced sensitization programs and begun integrating trans-inclusive practices into their public health systems. These examples, he noted, show that when health departments invest in training and awareness, attitudes shift and services become more respectful and accessible.

“In Jharkhand, People for Change has proposed a similar approach. We have formally recommended to the government that civil surgeons, chief medical officer, doctors, nurses, and other hospital staff be trained on gender sensitization and transgender health challenges. This includes understanding gender identity, psychological needs, respectful communication, medical protocols, and ways to ensure discrimination-free services,” said Saha. “The encouraging part is that these proposals are already being discussed in detail with the government of Jharkhand. The government has shown strong intent through the issuance of the transgender OPD order, and training health professionals is naturally the next crucial step.”

Saha noted that it remains unclear whether trans people will be recruited into government health roles, saying it is too early to make any definitive statement. He explained that recruitment requires separate processes, policies, and approvals, and the current order does not address new staffing or the creation of government positions.

A recent performance audit by the Comptroller and Auditor General of India, the constitutional authority responsible for auditing government spending and administration, outlined severe human-resource and medicine shortages across Jharkhand’s public health system. 

Tabled in the state assembly in February, the report found that about 61 percent of sanctioned posts for medical officers and specialists were vacant, along with more than half of all staff-nurse positions and roughly four-fifths of paramedic posts. The audit also documented acute shortages of essential drugs in the hospitals it reviewed, with stock gaps ranging from 65 to 95 percent during the 2020-2022 period. The findings highlight the systemic constraints that the new trans outpatients will have to navigate.

Saha acknowledged that drug shortages remain a serious issue in government hospitals and said the concern is valid. Even so, he added that he is approaching the new outpatient policy with hope and confidence.

“The government of Jharkhand has made a historic and intentional decision by opening dedicated transgender OPDs,” said Saha. “When a government takes such a strong step of recognition and inclusion, it also shows the readiness to understand the specific health challenges and medication needs of the transgender community.” 

“As more transgender persons start coming to the OPDs and their health requirements become clearer through proper documentation and reporting, we are confident that the state will make every effort to ensure that essential medicines are available for them,” he added.

Saha said People for Change is also seeking support outside the public system. The organization has begun briefing civic service groups — including Lions Club, Rotary Club and Inner Wheel, international volunteer organizations that run local welfare and health projects — on the outpatient order and the community’s needs. According to Saha, several of these groups have indicated they may help trans patients with medicines and other essentials when prescribed by a doctor.

“So the effort is two-fold: the government is creating an inclusive health system and will be informed of the community’s specific medicinal needs through the OPDs. People for Change and partners are strengthening the safety net to ensure that transgender persons are never left unsupported,” said Saha. “We truly believe that this collaborative approach will ensure that transgender individuals receive the medication and care they deserve — with dignity, consistency, and compassion.”

“Every hospital may take a slightly different amount of time depending on internal readiness, but overall: The foundational work is already underway, Hospitals have started preparing their designated OPD spaces, And coordination is happening at the level of civil surgeons, medical superintendents, and hospital management teams,” he added.

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