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Out in the World: LGBTQ news from Europe, Australia, and Canada

Italian lawmakers have passed a bill to ban overseas surrogacy

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(Los Angeles Blade graphic)

ITALY

The Italian Senate gave final passage to Prime Minister Giorgia Meloni’s bill to ban criminalize the use of surrogacy overseas, in what LGBTQ activists are saying is a direct attack on same-sex parents.

Surrogacy is already illegal in Italy. The new law cracks down on parents who travel out of the country to obtain surrogacy services where it is legal, like the U.S. or Canada. Under the new law, such parents could be subject to fines of up to €1 million (approximately $1.1 million) or imprisonment for up to two years.

While the vast majority of Italians who engage in overseas surrogacy are heterosexual couples, activists fear the law will be used specifically to target male same-sex couples, who cannot simply pretend not to have used a surrogate.

That would fit with a pattern of attacking same-sex parents since Meloni took office in 2022. Last year, her government issued an order directing municipalities to delete non-biological same-sex parents from birth certificates that had already been issued to children. That decision was condemned by the European Parliament and other world leaders.

Protesters demonstrated in front of the Italian Senate during the debate, carrying signs that read “We are families, not crimes.”

Meloni has long argued for banning surrogacy as a women’s rights issue, claiming that surrogacy commodifies women’s bodies. 

She called the law “a common-sense rule against the commodification of the female body and children. Human life has no price and is not a commodity,” in a post on X.

“The alleged defense of women, the vaunted interest in children, are just fig leaves behind which the homophobic obsession of this majority is hidden,” says Laura Boldrini, an opposition lawmaker.

In many places where surrogacy is legal, it is only legal for altruistic, rather than commercial reasons. Surrogates can be reimbursed for legitimate expenses but cannot be otherwise compensated. That’s how surrogacy works in Canada and Australia.

The Polish Sejm in Warsaw (Washington Blade photo by Michael K. Lavers)

POLAND

The Polish government introduced its long-awaiting civil union legislation last week, revealing that the government has dropped plans to allow couples in civil unions to adopt children in a compromise meant to get the bills through parliament.

Prime Minister Donald Tusk had pledged to introduce same-sex civil unions within his first 100 days of taking office last year, but that pledge faced numerous roadblocks as the outgoing government initially refused to cede power, and then more conservative parts of his three-party coalition balked at expanding LGBTQ rights.

The bills would allow same-sex and opposite-sex couples to register their partnerships, giving partners rights to inheritance and medical decision-making. 

But couples in civil unions would not be allowed to jointly adopt, nor would one partner be allowed to adopt the other’s biological children.

That was a key demand of the junior coalition partner, the Poland Peasants’ Party (PSL). The bills are unlikely to gain any support from the opposition Law and Justice Party or Confederation Party, both of which strongly oppose LGBTQ rights.

The bills may still face opposition from President Andrzej Duda, an ally of Law and Justice who has opposed LGBTQ rights in the past. He has not publicly commented on the bills. 

Duda’s term expires next year, and all parties are attempting to position themselves in the election for his replacement, expected in May 2025.

CANADA

Provincial elections in British Columbia remained too close to call a day after polls closed on Oct 19, with the incumbent New Democratic Party leading or elected in 46 seats, while the rival BC Conservatives, who had campaigned on scrapping an anti-bullying program that promoted awareness of LGBTQ people in schools, were leading or elected in 45 seats. The BC Greens were elected in two seats. 

Elections BC says it could be a week before results are finalized, due to a number of very close races and the number of mail-in and out-of-district ballots yet to be counted. 

If the BC Conservatives lose, it would be the second loss of a provincial election in 2024 for a conservative party that had run on a platform of restricting sex education, discussion of LGBTQ issues, and inclusion of trans kids in schools, after the Manitoba Progressive Conservatives were booted from office in June. 

Two more Canadian provinces are heading to the polls in the next week, and in both races, incumbent conservative parties are defending newly introduced policies that require schools to out trans students to their parents and require parental consent if a child wishes to use a different name or pronoun in school. 

In New Brunswick, voters head to the polls today, and the incumbent Progressive Conservatives are facing a strong challenge from the New Brunswick Liberals. Liberal leader Susan Holt has promised to scrap the parental-notification policy and put safeguards in place for LGBTQ students if elected.

Saskatchewan Premier Scott Moe has promised to double-down on anti-transgender policies if re-elected Oct 28. This week, he said his first order of business would be passing a policy restricting school change rooms based on sex assigned at birth. 

Saskatchewan NDP leader Carla Beck slammed the proposal.

“People see this for what it is,” Beck told a press conference. “It’s the ugliest gutter politics. I think people are tired of it.”

Canadian conservatives have been turning hard against trans people over the past couple of years, reflecting similar culture war divisions in the U.S. and the UK, despite a general consensus on equal rights for trans people that had developed over the previous decade. In fact, Scott Moe was a Cabinet minister in the Saskatchewan Party government that passed that province’s ban on gender identity discrimination. 

Meanwhile, in neighboring Alberta, Premier Danielle Smith has proposed a package of legislation that would require parental notification and opt-in for any discussion of sexual orientation or gender identity in classrooms, as well as severely restricting access to gender care for trans youth. The bills are expected to be debated in the upcoming fall session of the legislature.

AUSTRALIA

The New South Wales state legislature passed a bill meant to promote LGBTQ equality on Thursday, but only after it had been watered down in order to gain support from the governing Labor Party. 

Independent lawmaker Alex Greenwich had originally proposed a comprehensive bill that would have addressed multiple areas of law that discriminate against queer people. 

A key provision would have repealed a loophole in state anti-discrimination law that allows religious schools to discriminate against LGBTQ students and teachers. That provision was dropped. 

Greenwich’s original bill also would have established an affirmative right to gender-affirming care and would have decriminalized sex work. Both provisions were also dropped. 

Greenwich says his bill faced concerted opposition from religious organizations and he removed the provisions in order to get the bulk of the bill’s reforms passed.

“It’s heartbreaking that I’m in a position where I’m having to remove a reform that I have fought for my entire political career,” Greenwich told ABC News Australia. “There has been a concerted campaign, particularly by some religious organizations, and I’m not wanting to hold up some urgent reforms while we’re still working this through.”

The parts of the bill that have been salvaged are still important reforms for LGBTQ rights.

The bill will update domestic violence laws to apply to same-sex couples and recognize parenting rights for children born through surrogacy overseas. It will also allow trans people to update their legal gender on birth certificates without undergoing surgery — an important reform that is already the norm in the rest of Australia. Nonbinary or non-specified will also be options.

The bill also repeals offenses related to living off the earnings of a sex worker, makes it a criminal offense to threaten to out a person, and adds hate crime protections for trans people. 

This year, New South Wales’s Labor government earned plaudits from LGBTQ activists for passing a bill banning conversion therapy, and issuing a historic apology to people persecuted under old anti-LGBTQ laws. 

Earlier this year, Australia’s governing Labor Party dropped its promised reform to federal anti-discrimination laws to repeal a loophole allowing anti-LGBTQ discrimination in schools, following backlash from religious groups.

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South Africa

WorldPride 2028 to take place in Cape Town

South Africa is first African country to host event

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(Photo courtesy of Michael Gladwin)

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in Medellín, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,” said Cape Town Pride CEO Tommy Patterson. “A few weeks ago, in Medellín, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.”

“Cape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Patterson’s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,” said Gladwin. “A heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Town’s LGBTQ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as “garbage” and “filth” that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,” said Bougardt. “The city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

“Just as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we don’t want it in Cape Town,” he added. “I pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

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Out in the World: LGBTQ news from Europe, Asia, and Canada

Slovenia court rules same-sex couples have constitutional right to assisted reproduction

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(Los Angeles Blade graphic)

SLOVENIA

The Constitutional Court has issued a ruling that laws barring same-sex couples and single women from accessing assisted reproduction are unconstitutional discrimination

The court has left the laws in place while giving parliament one year to bring the laws governing assisted reproduction into compliance with the constitution. 

The Slovenian LGBTQ advocacy group LEGEBITRA celebrated the ruling in a post on its web site.

“The decision of the Constitutional Court is a victory for all those who wanted to start a family in Slovenia and were unfairly deprived of this opportunity in the past. Rainbow (and single-parent) families are part of our society, and their children are part of the community in the country in which they live and grow up. It is only fitting that their story begins here,” the post says.

The Treatment of Infertility and in Vitro Fertilization Procedures Act has had its restrictions on single women and same-sex couples from fertility treatment targeted by progressive legislators since it was introduced in 2000. 

Amendments that would have allowed single women to access in vitro fertilization were passed in 2001 but were immediately put to a citizen-initiated referendum, which voted them down. 

Since then, the former Yugoslav republic has undergone a number of progressive changes, including joining the European Union in 2004 and gradually expanding LGBTQ rights.

In 2020, a group of legislators from the Left party asked the Constitutional Court to review the law, and the following year, their request was joined by the state’s Advocate for the Principal of Equality. 

The court spent more than four years deliberating the appeal, during which time it also struck down laws banning same-sex marriage in 2022. Parliament later amended the law so that same-sex couples enjoy all rights of marriage, including adoption, but left the ban on assisted reproduction in place.

The Slovenia Times reports that the ruling was welcomed by the governing coalition, which includes the Left party. The government has pledged to move quickly to implement the ruling.

“This corrects one of the gravest injustices done to women by right-wing politics and the Catholic Church in Slovenia, who denied women the right to become mothers,” the Left said.

The case was brought by a group of left-leaning MPs four years ago — but perhaps the delay is related to the fact that in that time, the court also struck down the ban on same-sex marriage in 2022. 

RUSSIA

Russian authorities raided three nightclubs in Moscow over the weekend as part of the state’s deepening crackdown on LGBTQ people and expression, Radio Free Europe reports.

The raids took place late Saturday night and early Sunday morning at the Mono, Arma, and Simach nightclubs in the capital. All three clubs have been known to host themed events for LGBTQ clientele. 

According to Russian state-owned media outlet TASS and several Telegram channels, patrons, and employees of the clubs were forced to lie on the floor with their hands behind their heads before they were carted away in police wagons. Patrons and workers had their phones, laptops, and cameras seized and documents inspected

It’s not yet known what prompted the raids, although Russian authorities frequently claim to be inspecting for illegal substances and drug users.

Russian authorities have carried out several raids on LGBTQ establishments since the passage of a law banning positive portrayals or information about queer people in 2022. Last year, the Russian Supreme Court ruled that the “international LGBT movement” is an “extremist organization” and granted a request from the Ministry of Justice to ban it from the country. 

Russia’s crackdown on LGBTQ rights has inspired copycat legislation among its neighbors, notably in Georgia, Belarus, and Kyrgyzstan.

CANADA

A small town in Northern Ontario has been fined C$10,700 (approximately $10,000) for its refusal to issue a Pride Month declaration or raise the rainbow flag.

The town of Emo population 1,300, which sits on the border with Minnesota about 200 miles northwest of Duluth, had been requested to issue the Pride declaration by Borderlands Pride in 2020 and raise the flag for one week, but the town council refused in a 3-2 vote, prompting a years-long legal battle. 

Last week, that came to an end as the Ontario Human Rights Tribunal found the town and its mayor guilty of discrimination and ordered the town to pay Borderlands Pride C$10,000 in compensation, and the mayor to pay an additional C$5,000 ($3,559.92).

“We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service,” Doug Judson, a lawyer and board member of Borderlands Pride, told CBC News.

The tribunal also ordered the mayor to take a Human Rights 101 training course offered by the Ontario Human Rights Commission within 30 days. 

Mayor Harold McQuaker has not commented publicly on the ruling.

CHINA

Calls for Hong Kong government’s to officially recognize same-sex unions have intensified after the city’s Court of Final Appeal issued rulings last week that affirmed lower court rulings that found same-sex couples have equal rights to inheritance and social housing as heterosexual couples.

The ruling was in line with a similar ruling issued last year by the city’s top court, in which the city was ordered to provide legal recognition for same-sex couples by September 2025. 

The new ruling with facilitate same-sex couples’ access to public housing, a vital need in one of the world’s most housing-crunched cities. The ruling also affirms that same-sex spouses can inherit public housing from a deceased spouse. 

In both cases, the ruling only applies to spouses who have legally married overseas, because Hong Kong does not yet have a way for same-sex couples to legally register their relationships.

The nearest places where same-sex Hong Kong citizens can marry are Australia and the U.S. territory of Guam, with Thailand becoming available in the new year. Although same-sex marriage is legal in nearby Taiwan, residency requirements may block access there.

Although legislators have been slow to act on demands for civil unions or same-sex marriage, Hong Kongese same-sex couples have gradually gained access to more rights through court actions. 

The Court of Final Appeal has previously ordered the government to have foreign marriages recognized for immigration purposes, to allow same-sex couples to file their taxes jointly, and to stepchild adoption. 

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India

India’s Transgender Welfare Boards fail to meet trans people’s basic needs

Committees have only been established in 17 regions

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(Photo by Rahul Sapra via Bigstock)

Nineteen of India’s 28 states and eight union territories lack a functional Transgender Welfare Board, despite legal mandates.

Most of the boards that have been established in 17 regions operate without policies, compliance framework, or any substantial authority. This lack of oversight, combined with an absence of policies, has left transgender Indians without access to critical services.

India’s 2011 Census says there are 487,803 trans people in the country, yet only 5.6 percent have managed to apply for a trans identity card. These identity cards, essential for accessing government programs designed specifically for trans people, remain challenging to obtain, hindering access to crucial welfare programs.

Under the Transgender Persons (Protection of Rights) Act 2019 and its 2020 rules, 17 states and union territories, including Assam, Bihar, Chandigarh, Chhattisgarh, Gujarat, Jammu and Kashmir, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Rajasthan, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, and West Bengal, have notified the establishment of a Transgender Welfare Board. Rule 10(1) of the law, however, mandates all state and union governments must constitute a board to safeguard trans rights, promote their interests, and facilitate access to government welfare schemes.

Reports reveal most Indian states with a notified Transgender Welfare Board have held fewer than one meeting per year since their inception, raising concerns about the effectiveness of these boards. States such as Gujarat, Jammu and Kashmir, Chhattisgarh, Manipur, and Tripura have yet to disclose any updates on their boards’ activities. Notably, Gujarat’s Transgender Welfare Board, established in collaboration with UNAIDS in 2019, reportedly did not hold a single meeting until Oct. 14, according to board members. 

Only a few states and union territories saw any regular activity from their Transgender Welfare Boards in 2023; with Tamil Nadu, Kerala, Chandigarh, and Maharashtra holding just four meetings each. Other states have held fewer meetings or none at all since the board’s formation.

In states like Mizoram, the Transgender Welfare Board has not held meeting since its creation. 

In Manipur, the board has been virtually defunct since its establishment in 2017. Although the state’s reappointed the 17-member board last year, it included only minimal trans representation, with one trans woman and one trans man appointed.

The Punjab and Haryana High Court in 2022 criticized the Chandigarh Transgender Welfare Board for its insufficient activity, describing it as a mere “cosmetic feature” in a Public Interest Litigation filed by Yashika, a trans student. The court observed that the board had failed to meet regularly, hindering its ability to fulfill its duties and effectively support the trans community. 

“Although the petitioner had submitted complaints in this regard to the Union Territory Administration, no relief was granted and, thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features,” said the High Court. “Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.”

An Amicus Curiae the Kerala High Court appointed in 2021 reported the Kerala State Transgender Justice Board had not held a single meeting that year.

Since its creation under the Social Justice and Empowerment Ministry, the National Council for Transgender Persons has held only two meetings in the past four years. Reports also suggest that budget allocations for state Transgender Welfare Boards often vary based on the ruling political party.

Maharashtra in 2020 allocated approximately $602,410 to its welfare board, but no further budget was earmarked for the board after the government changed. 

Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, criticized the frequent inaction of Transgender Welfare Boards. 

“As an LGBTQ rights activist and head of Jamshedpur Queer Circle, I find it deeply disheartening yet unsurprising that only 5.6 percent of transgender people in India possess a transgender ID card. This figure underscores the systemic barriers faced by the transgender community when accessing their rights,” said Saha. “The example of Gujarat’s Transgender Welfare Board, which despite its collaboration with UNAIDS was dormant for nearly four years, illustrates how bureaucratic inefficiency and lack of political will stymie progress. Similarly, Mizoram’s board has yet to hold a single meeting, reflecting the widespread neglect of transgender issues.”

Souvik further said the situation in Jharkhand mirrors these national trends.

The state’s Transgender Welfare Board, though established, has faced challenges in regular functioning and proactive policy implementation. Reports from local community members highlight that meetings are infrequent and the board’s activities lack sufficient outreach. Trans people in Jharkhand, as a consequence, face barriers in securing IDs and accessing welfare schemes, contributing to a continued cycle of marginalization.

Saha told the Washington Blade that inaction within Transgender Welfare Boards stems from a lack of political will, bureaucratic hurdles, social stigma, marginalization, and inadequate representation. His organization has encountered numerous stories reflecting these challenges, with community members expressing frustration over the stagnant state of welfare boards and the difficult process of obtaining official recognition. Saha emphasized that these systemic barriers leave many in the transgender community struggling to access the support and resources they are entitled to.

“For any meaningful change, it is essential that welfare boards function effectively, with regular meetings, transparent procedures, and active community involvement,” said Saha. “The government must take urgent steps to address these issues, enforce accountability, and collaborate with local LGBTQ organizations to bridge the gaps between policy and practice.”

Meera Parida, a trans activist from Odisha, told the Blade that while the previous state government implemented numerous welfare initiatives for trans individuals, it fell short of establishing a dedicated Transgender Welfare Board.

“Back then it was Biju Janata Dal party leading the state and now it is Bharatiya Janata Party (BJP) still there is no Transgender Welfare Board in the state,” said Parida. “After the Supreme Court’s judgement, it was our thought that some radical change is coming, nothing short of that happened. Most of the governments have no interest in it and that is why this is not happening.”

Parida told the Blade it was also her failure as she was associated with the previous government and in the party, but she was not able to convince her political party to establish a welfare board for trans people. 

The Blade reached out to UNAIDS for reaction, but the organization has yet to response.

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