World
Out in the World: LGBTQ news from Europe, North America, and Asia
Georgian lawmakers on Sept. 17 approved package of anti-LGBTQ bills
GEORGIA
In a move that has drawn international condemnation, the Georgian government passed a package of draconian anti-LGBTQ bills through parliament Sept. 17 in a unanimous vote that was boycotted by the opposition.
The new law, dubbed the Law on Family Values and Protection of Minors, bans recognition of any same-sex relationship, ban adoption by transgender people or non-heterosexuals, ban the promotion of same-sex relationships or LGBTQ identities including through the media or public gatherings, and ban legal gender change or medical interventions for gender reassignment. The bills mirror similar bills passed in Russia, which have led to a serious and escalating crackdown on LGBTQ people.
President Salome Zourabichvili has said she intends to veto the legislation, but the ruling Georgian Dream party has enough votes to override any veto.
Opposition parties have been boycotting parliament since the government passed a “foreign agents” law that requires any organization receiving funds from outside the country to register as an agent of a foreign power. Critics said that the bill was a clear mechanism to defund or discredit the opposition, the media, and the nongovernmental organizations.
Both the foreign agent law and the anti-LGBTQ law had already drawn criticism from the international community, but the passage of the anti-LGBTQ law brought a new round of diplomatic condemnation.
The U.S. announced financial sanctions and travel bans on dozens of Georgian leaders it says are complicit “undermining democracy” and “serious human rights abuse.”
The EU had already frozen accession talks with Georgia after the foreign agents bill was passed. This week, it announced it was considering removing access to visa-free travel to the EU for Georgian citizens.
The U.N. Human Rights Office also called on the Georgian government to rescind the law.
“We are deeply concerned that this law may encourage hate speech, lead to more incidents of violence, and reinforce stigma, intolerance and misinformation,” spokesperson Liz Throssell said in a statement.
That statement proved to be sadly prophetic. The day after parliament voted to pass the anti-LGBTQ legislation, Georgia’s most prominent trans woman was murdered in her home.
Kesaria Abramidze, 37, was a model and social media influencer. She was found dead in her apartment after neighbors heard screams. A 26-year-old man has been arrested in connection with the crime.
“Horrifying murder! Rejection of humanity! This should be a sobering call … Hatred drenched in hatred, which weakens and divides us and gives a hand to an enemy to manipulate us,” Zourabichvili wrote on her personal Facebook page. “I hope the death of this beautiful young woman will make us more humane, more Christian. I hope this tragedy will not be in vain.”
The new laws come as the small country located in the Caucasus Mountains gears up for elections on Oct. 26. Georgian Dream looks set to capture the largest share of votes according to polls, but the opposition parties are mostly aligned on the goal of restoring democratic norms if they can form a majority coalition.
EUROPEAN UNION
European Commission President Ursula von der Leyen announced her intention to ban so-called “conversion therapy” across the EU in a mandate letter sent to the new EU Commissioner for Equalities this week.
The letter to Hadja Lahbib, who also serves as Belgium’s minister of foreign affairs, directs her to “propose a new LGBTIQ Strategy for post-2025. The strategy should notably focus on the continued and persisting hate-motivated harassment and violence, including online, and banning the practice of conversion therapy.”
It is not immediately clear how von der Leyen or Lahbib envision a conversion therapy ban – either through EU-wide legislation or by encouraging member states to ban it individually.
Of the EU’s 27 member states, eight already ban conversion therapy in local law: Spain, Portugal, Malta, Greece, Cyprus, Germany, France, and Belgium. Bans have also been proposed in Ireland, Netherlands, Austria, and Finland, but legislation in all four states has stalled.
At the same time, several EU member states have passed or introduced legislation to restrict freedom of expression for LGBTQ people, calling it “LGBT propaganda,” including Hungary, Slovakia, Bulgaria, and Lithuania.
CANADA
Dueling protests for and against LGBTQ-inclusive sex education took place across Canada on Sept. 20 with rallies across the country timed as some provinces head toward local elections.
Anti-LGBTQ groups calling themselves Hands Off Our Kids and 1 Million March 4 Children coordinated the anti-sex education protests, as they did last year. Protests were reported in more than a dozen cities across Canada; including Toronto, Montreal, Vancouver, Edmonton, Calgary, Winnipeg, Moncton, Saskatoon, and Ottawa.
Right-wing media in Canada breathlessly reported Hands Off Our Kids’ estimate that up to two million people — about 5 percent of all Canadians — would participate in the protests. As it turned out, most of the anti-sex education protests saw fewer than 100 participants, and according to reports, all of them were outnumbered by pro-LGBTQ counter-protesters.
Unlike last year’s protests, there were no reports of violence or arrests.
The protests come at a pivotal time for LGBTQ issues in Canadian schools.
In Alberta, the conservative provincial government is planning to introduce legislation in the fall that would require schools to notify parents and obtain their consent if a student chooses to use a different name or pronoun, restrict trans students’ access to school sports and bathroom facilities, require parental notification and consent before any sex education or LGBT issues are discussed in classrooms, and ban gender care for youth under age 16.
Alberta Premier Danielle Smith has also said that after the legislation passes, her party would welcome back lawmaker Jennifer Johnson, who had been booted from caucus after remarks she had made comparing trans students in schools to adding a teaspoon of feces to a batch of cookies.
Three provinces will hold elections in October, in which LGBTQ classroom issues are in the balance. In New Brunswick and Saskatchewan — which go to the polls Oct. 21 and 28, respectively — incumbent conservative governments are defending recently enacted policies that require schools to out trans students to their parents and restrict sex education.
In British Columbia, the opposite is happening. An incumbent New Democratic government is defending its SOGI-123 curriculum that teaches children about inclusion, consent, and health issues in age-appropriate ways, while the opposition BC Conservatives want to scrap it.
Polls in all three provinces indicate very tight races. Earlier this year, a conservative government in Manitoba was defeated after it announced plans to introduce a parental notification and consent law for trans students.
TAIWAN
In a bit of uplifting news, Taiwan announced this week that it would finally remove an administrative roadblock that prevented Taiwanese citizens from marrying a same-sex partner from mainland China.
Same-sex marriage has been legal in Taiwan since 2019, but the government refused to recognize same-sex marriages between Taiwanese and Chinese nationals, due to security concerns and the island’s complicated relationship with the mainland.
Taiwanese who wish to marry a Chinese national must typically marry in China and await an interview by Taiwanese authorities before their relationship is recognized and their partner is granted residency rights on the island. But because China does not recognize same-sex marriage, that’s impossible.
In August, a Taiwanese court ordered the government to begin the interview process for a cross-strait couple who married in the United States. This week, Taiwan’s Mainland Affairs Council announced that it would comply with the decision and recognize cross-strait same-sex marriages performed in any third country where same-sex marriage is legal.
That still presents a roadblock for some couples, as they must travel to a third country to marry. For now, the nearest places for most same-sex couples to travel would be the US territory of Guam or Australia. Thailand is expected to begin performing same-sex marriages next year.
Additionally, cross-strait same-sex couples may still face an administrative burden in settling in Taiwan, as the Chinese partner must cancel their mainland residency before receiving a Taiwanese ID — the last stage in the process. It’s not clear if China will allow its nationals to cancel their residency, as the government will not recognize their same-sex marriages.
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
Dominican Republic
Dominican court strikes down police, military sodomy ban
Nov. 18 ruling ‘a decisive step’ against discrimination
The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.
Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.
Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.
“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”
Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.
The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.
Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.
“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.
Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.
James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.
Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”
Brazil
Black transgender singer from Brazil wins three Latin Grammy Awards
Liniker performed at Las Vegas ceremony
A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.
Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”
She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.
“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”
Liniker in 2022 became the first openly trans woman to win a Latin Grammy.
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