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Tokyo High Court Japan’s same-sex marriage ban is unconstitutional

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(Los Angeles Blade graphic)

JAPAN

The Tokyo High Court ruled that the country’s ban on same-sex marriage is unconstitutional, upholding a lower court ruling. This is the second High Court ruling favoring same-sex marriage after the Sapporo High Court came to a similar conclusion earlier this year, and more High Court rulings are expected over the next few months. 

The court found that laws restricting marriage to opposite-sex couples “are not based on reasonable grounds” and lead to “discriminatory treatment (of people) based on their sexual orientation,” according to the ruling.

The rulings don’t immediately create a right to same-sex marriage in Japan, but they add pressure on the government to address the unconstitutionality. These cases will likely find their way to the Supreme Court next year.

Same-sex marriage is not currently legal anywhere in Japan, and the government has long asserted that Section 24 of the post-war constitution rules out same-sex marriage. Section 24 states “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”

However, equal marriage supporters point out that Section 24 was not intended to deal with same-sex marriage, but rather to assert the right of individuals to marry the person of their choice, rather than traditional arranged marriages. 

A series of recent court victories have gradually opened up recognition of equal rights for same-sex couples in Japan. Five lower courts have found that the ban on same-sex marriage violates the constitution, while only one lower court has upheld the ban as constitutional. 

Earlier this year, the Supreme Court found that same-sex couples are entitled to survivors’ benefits for victims of crime. 

Additionally, 450 municipalities and 30 of Japan’s 47 prefectures have instituted partnership registries for same-sex couples. Although these registries have little legal force, they have helped couples access local services and demonstrate growing recognition of same-sex couples’ rights.

This week’s High Court ruling comes at a time of flux in Japanese politics. During last week’s parliamentary election, the ruling Liberal Democratic Party lost its governing majority, while the opposition Constitutional Democratic Party, which supports same-sex marriage, made huge gains.

Anglo Nippon Politics reports that a very narrow majority of newly elected legislators have expressed support for same-sex marriage, but that the dynamics of the new parliament may make it difficult for the LDP, which hopes to hold onto power with support for smaller conservative parties, to advance controversial issues.

CANADA 

The Alberta government under United Conservative Party Premier Danielle Smith introduced four pieces of anti-LGBTQ and anti-transgender legislation last week, prompting protests in the capital Edmonton and in the province’s largest city Calgary.

Smith had initially announced the legislation in February, amid a general hysteria about transgender youth and school inclusion policies that had swept through conservative parties across Canada. 

The four bills ban gender care for trans youth, require parental notification and consent if a trans student wishes to use a different name or pronoun in school, bars trans women from competing in sports in schools and colleges, and requires parental notification and “opt-in” if sexual orientation, gender identity, or human sexuality will be discussed in classrooms.

Opponents criticized Smith for the legislation, which critics said was timed to help Smith in a leadership review held this weekend. Smith’s leadership was upheld with more than 91 percent of the vote at the UCP convention in Red Deer on Saturday.

More than 1,000 people showed up at Calgary City Hall to demonstrate against the bills on Saturday, as well as against the UCP’s priorities for Alberta, while hundreds more turned up in front of the provincial legislature in Edmonton.

Rowan Morris, an organizer with Trans Rights YEG, told the Edmonton Journal that the bills had galvanized opposition from across the political spectrum, recalling a conversion he had with a conservative supporter.

“[She said], ‘My whole family is here, we’re all conservatives, we will all be conservatives for the rest of our lives, but we recognize that bodily autonomy is a freedom we need to uphold for all Albertans. Whether we agree on how you live your life or not, the government does not have a place in your private medical decisions with your doctor,’” Morris said.

Because of the UCP’s majority in the provincial legislature, there is little chance the bills won’t pass. Voters next go to the polls in Alberta in October 2027.

Voters in Canada have had a chance to weigh in on anti-trans policies this year, and the results have been mixed. In Manitoba and New Brunswick, voters turfed conservative parties from government after they introduced or announced anti-trans policies, while in British Columbia, voters kept the governing New Democrats in office after the opposition Conservatives had announced several similar anti-trans policies.

Last month, voters in Saskatchewan returned its conservative government to power after it introduced a parental notification and consent policy in violation of Canada’s Charter of Rights and pledged to introduce a ban on trans students accessing change rooms and bathrooms in schools if reelected.

GERMANY

The Gender Self-Determination Act came into force on Friday, marking a historic advancement for trans rights in Germany. 

Under the new law, anyone will be able to change their legal name and gender by making a simple application at their local registry office. 

The new law replaces the Transsexuals Act, which dates from the early 1980s, and required anyone wishing to change their legal gender to get permission from a judge after submitting two psychological assessments. 

The law allows name and gender changes for minors. Children under 14 can have the process done by their parents, while those over 14 can do so with parental permission. Youth will also have to submit a declaration that they have sought advice from a psychologist or from a youth welfare specialist.

Also included in the law is a new protection that makes it a criminal offense to out a trans person without their consent.

Gender self-determination is increasingly the norm in Western European countries. Belgium, Luxembourg, France, Spain, Portugal, Malta, Greece, Ireland, Norway, Iceland, and Denmark have all introduced similar legislation in recent years. Additionally, Argentina, Brazil, Chile, Colombia, Costa Rica, Uruguay, India, Pakistan, as well as several provinces and states of Canada, the U.S., and Mexico allow gender self-determination.

SWITZERLAND 

The Swiss canton of Vaud became the latest place in Europe to ban so-called conversion therapy, as legislation to ban the discredited practice of attempting to change a person’s sexual orientation or gender identity nationwide has stalled in the federal parliament.

Vaud is the third of Switzerland’s 26 cantons to ban conversion therapy, following Neuchatel last December and Valais earlier this year. Vaud is Switzerland’s third-largest canton, home to more than 800,000 people. 

In 2022, the lower house of the Swiss parliament passed a motion calling on the government to introduce a conversion therapy ban, but the motion was rejected by the upper house earlier this year.  Legislators at the time said they wanted to wait for more information from the Federal Council, which was due to report on conversion therapy over the summer. 

In the meantime, several other Swiss cantons have begun debating local bans on conversion therapy, including Geneva, Bern, and Zurich. 

Doctors and therapists are already prohibited from practicing conversion therapy in Switzerland by their professional associations, but much conversion therapy is carried out by unlicensed individuals.

Conversion therapy has already been banned across much of Western Europe, including France, Germany, Norway, Belgium, Spain, Portugal, Malta, Greece, Cyprus, and Iceland. It has also been banned in Mexico, Ecuador, New Zealand, Canada, Taiwan, and in many U.S. and Australian states.

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The Vatican

Executive director of LGBTQ Catholic group to travel to Rome for conclave

Marianne Duddy-Burke met Pope Francis in 2023

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DignityUSA Executive Director Marianne Duddy-Burke, middle, greets Pope Francis in 2023. (Photo courtesy of Marianne Duddy-Burke)

The executive director of a group that represents LGBTQ Catholics will travel to Rome next week for the papal conclave that starts on May 7.

DignityUSA Executive Director Marianne Duddy-Burke on Thursday told the Washington Blade she will arrive in Rome on May 6. Duddy-Burke said she plans to spend time in St. Peter’s Square “and have conversations with people.”

“I will wear Dignity insignia, have rainbow flags,” she said.

Pope Francis died on April 21. His funeral took place five days later.

The Vatican’s tone on LGBTQ and intersex issues softened under the Argentine-born pope’s papacy, even though church teachings on homosexuality did not change.

Francis, among other things, described laws that criminalize consensual same-sex sexual relations as “unjust” and supported civil unions for gays and lesbians. Transgender people were among those who greeted Francis’s coffin at Rome’s St. Mary Major Basilica before his burial on April 26.

Duddy-Burke and two others from the Global Network of Rainbow Catholics met with Francis in October 2023 during a meeting that focused on the Catholic Church’s future. Duddy-Burke noted Francis “invited” her and her colleagues as his “special guests for the audience and then had a conversation with him afterwards.”

“For me the sort of visibility that he (Francis) brought to our community and to our concerns feels irreversible,” said Duddy-Burke. “He empowered so many people and so many new ministries.”

Cardinal Fridolin Ambongo Besungu — the archbishop of Kinshasa in Congo who has described homosexuality as an “abomination” — is among the cardinals who are reportedly in the running to succeed Francis.

“I really don’t know,” said Duddy-Burke when the Blade asked her who the next pope will be. “Of course, I am hoping and praying hard that it will be someone who will continue to lead the church on responsiveness of human need and greater inclusivity.”

“What happens in that room is such a mystery,” she added.

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Lesotho

LGBTQ activist murdered in Lesotho

Authorities have arrested a suspect in Kabelo Seseli’s death

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Kabelo Seseli (Photo courtesy of Seseli's Facebook page)

Kabelo Seseli, a gay crossdresser and LGBTQ activist in Lesotho, was murdered over the weekend in a suspected homophobic attack.

According to the People’s Matrix Association, a LGBTQ rights organization, Seseli’s body was found with stab wounds on their neck and genitals.

“This was not just a murder, it was a hate-driven, dehumanizing act meant to send a message of fear and rejection to our community,” said the People’s Matrix Association in a statement posted to its Facebook page on April 29. “Kabelo deserved to live. Kabelo deserved dignity, safety, and the freedom to exist without fear, just like every Mosotho.”

The LGBTQ rights group also said it is demanding action, justice, and protection from the government, especially given the fact authorities have arrested a suspect.

“We strongly condemn this act of violence and call on the government of Lesotho and law enforcement authorities to conduct a thorough investigation and ensure that those responsible are held fully accountable,” said the People’s Matrix Association. “We also urge leaders and the public to reflect on the role of hate speech and social stigma, which continue to incite violence against LGBTI individuals across our country. We demand action.”

Victor Mukasa of Trans and History Intersex Africa also condemned Seseli’s murder.

“Death is a fact of life, but murder is criminal,” said Mukasa. “Murder of people because they are LGBTIQA+ or for belonging to a particular social group is a hate crime.”

Thato Motsieloa, a gay crossdresser and LGBTQ activist, said he was “deeply distraught to learn about the brutal murder of Kabelo Seseli.” Motsieloa said he and Seseli met on Facebook.

“Although we never met in person, we had plans to do so,” said Motsieloa. “The manner of his death is particularly heartbreaking, and the fact that his killers desecrated his body by removing his private parts is utterly heinous. I hope justice is served, and those responsible face the consequences of their horrific actions. My sincerest condolences go out to Kabelo’s family, may his soul rest in eternal peace.”

Lesotho in 2012 decriminalized consensual same-sex sexual relations. Marriage, however, remains limited to heterosexual couples. There have also been sporadic reports of anti-LGBTQ hate crimes since 2012.

The International Commission of Jurists, in partnership with Outright International, a New York-based LGBTQ advocacy group, in 2022 held a workshop with the Lesotho judiciary that focused on human rights for the LGBTQ community.

The judiciary noted LGBTQ people exist, but acknowledged there is no local jurisprudence on their rights, even though the country’s constitution guarantees the right to respect private and family life and freedom from discrimination.

Religious and cultural norms, like in many African countries, play a pivotal role in how society perceives the LGBTQ community. Many people in Lesotho disregard the existence of LGBTQ people, even though the government is trying to make room for the acknowledgment of LGBTQ rights.

Outright International Africa Advocacy Officer Khanyo Farise says the judiciary’s active engagement with the LGBTQ community is an important step towards ensuring LGBTQ rights are upheld.

“Judges and judicial officers play an important part in ensuring access to justice for LGBTIQ+ people, but also have an important role in producing judgments which can advance their human rights,” said Farise.

ICJ Africa Communications and Legal Officer Mulesa Lumina said though the ICJ is encouraged by these developments, particularly the willingness of judiciary members to understand the plight of the community, LGBTQ people continue to face harassment, discrimination, abuse and violence because of their actual or perceived sexual orientation and gender identity.

“We will continue working with partners, such as the People’s Matrix and Outright International, to ensure the enforcement of the country’s obligations under international human rights law, which entitle LGBTIQ persons to the full range of human rights without discrimination,” said Lumina.

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India

LGBTQ Kashmiri students targeted after terrorist attack

26 people killed in Baisaran Valley on April 22

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Baisaran Valley in Kashmir (Photo by SB Stock/Bigstock)

Baisaran Valley, a Kashmiri meadow surrounded by pine trees, was bustling with Hindu tourists on April 22.  

Families were wearing phirans (traditional Kashmiri clothing) for photos, while ponies trotted along the Lidder River. Gunfire shattered this peace when five terrorists opened fire. They targeted Hindu men, checking their religion before shooting them. The terrorists killed 26 people — 25 tourists, including a Navy officer who was on his honeymoon — and Syed Adil Hussain Shah, a pony guide who died protecting others. More than 20 others were wounded.

The Resistance Front, a Pakistan-based group tied to Lashkar-e-Taiba, a terrorist organization, initially claimed responsibility for the attack, but retracted the claim three days later, fearing India’s diplomatic and military response that eventually included the tightening of borders and the suspension of the Indus Waters Treaty.

The attack sparked outrage across India.

Misdirected anger targeted Kashmiri students in Dehradun, Jalandhar, and other cities in which LGBTQ people face heightened vulnerability. They endured harassment, evictions, and threats of violence. The J&K Students Association reported more than 1,000 distress calls, and Kashmir Chief Minister Omar Abdullah urged states to protect them.

Activists across India have rallied to help LGBTQ Kashmiri students in their cities.

Harish Iyer, a prominent activist, offered shelter and legal assistance to them in Mumbai, the country’s financial hub.

“Religion is a tool used by terrorists worldwide to ensure that their victims divert their energy towards fighting each other while  they continue to focus on our destruction,” said Iyer. “It is a tried and tested formula designed to divide us while we should all be united against them.”

Iyer told the Washington Blade he saw videos of Kashmiri students being targeted.

“Hate gets compounded when you look at it from several intersectional points,” he said. “To belong to identities like queer, Muslim, and Kashmiri makes one vulnerable. In a moment where hate reveals its fang, it is important that love opens its home too.”

Iyer said he received a couple of phone calls from queer people in northern India who had been attacked. He offered to pay for their travel to Mumbai or any other city, but they eventually told him they found a place where they would be safe.

“It just reinstates our collective faith in humanity and asserts that there are kind people everywhere,” said Iyer. “The community stands united with each other against terror.”

He stressed “intersectional realities make us most vulnerable” and “that’s why we need to rise up and be the best of who we are as queer humans.” Iyer told the Blade that other queer activists in India are trying to do just that, albeit silently, by opening their homes to people who have been targeted. 

“Anish Gawande, the queer spokesperson of the Nationalist Congress Party, has been working hard to restore peace in the valley,” he noted. “He has been doing good work in the Kashmir Valley for several years now. I truly admire his courage and candor. But truly, it’s the everyday queer Indian who advocates for kindness who matter.” 

“They would not be known to all and sundry, may not have a fan following or several followers on social media, but they have it in them to open their homes and their world to those affected,” added Iyer. “Sometimes, love doesn’t cause outpouring visibility, sometimes it silently protects and creates homes with a beating heart.”

Gawande has worked in Kashmir since 2012, running a program for Kashmiri journalism students and an art residency. 

He acknowledged to the Blade the increase in violence against Kashmiri students. Gawande also said LGBTQ Kashmiri students face unique challenges because they are a “minority within a minority.”

“In these difficult times, several activists like Harish Iyer have come forward to offer their support to young Kashmiri LGBTQ students who are afraid for their own safety,” he said. “The intent of the terrorists was to divide us — we cannot let their strategy succeed. I am incredibly grateful to so many members of the queer community and allies who have stepped forward to help all Kashmiris in this difficult time.”

Gawande said he has been supporting the efforts of student leaders, including Nasir Khuehami of the J&K Students Association, who has been leading efforts to ensure Kashmiris across India remain safe and secure. Gawande also said government officials, politicians, and law enforcement are working to protect the students.

“I am grateful to both the central government and state governments across the country for their prompt assistance in this matter,” said Gawande. “In these difficult times, when emotions run high, we remain united against hate.” 

“Today, attempts are being made to create divides between Indians and Kashmiris, between Hindus and muslims,” he added. “We must stand up against such attempts in one voice.” 

Gawande last weekend traveled to Srinagar, the Kashmiri capital, and led multi-faith prayer services in temples, churches, gurdwaras (Sikh places of worship), and dargahs (shrines) “to mourn those who lost their lives in Pahalgam and to send out a message of communal harmony.”

“When attempts are being made to divide us on religious grounds, we must unite through religion,” he said.

Gawande also spoke directly to Kashmiri LGBTQ students, urging them to reach out to the J&K Students Association. He said his New Delhi home and his party’s offices across the country are “also available to those who need a safe space or a place to grieve.”

“In this time of grief, where we are all mourning the dastardly loss of life, it is important to stand up for what is right,” said Gawande. “Queerness has taught me that we have two kinds of families — those of birth and of choice.”

“Kashmir holds a special place in my heart, and when the well being of those who I consider family is under threat, there is no question of even thinking about any potential jeopardizing of my own safety,” he added.

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