Connect with us

World

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

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

Published

on

(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.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

World

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

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

Published

on

(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. 

Continue Reading

India

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

Committees have only been established in 17 regions

Published

on

(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.

Continue Reading

Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

Published

on

(Image by rarrarorro/Bigstock)

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular