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

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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World

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

Lawmaker urges Hong Kong to ignore relationship recognition court ruling

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(Los Angeles Blade graphic)

CANADA

Transgender activists in the province of Alberta have filed the first of an expected series of lawsuits against a trio of anti-LGBTQ bills passed by the provincial legislature last week

The province’s United Conservative Party government passed the long-promised legislation which bars trans youth under 16 from accessing gender care, bans trans women and girls from women’s sports, requires parental notification and consent if a student under 16 wishes to use a different name or pronoun, and requires parental notification and consent ahead of any discussion of sexual orientation, gender identity or sexuality in classrooms.

On Friday, Canada’s largest LGBTQ advocacy group Egale filed a joint legal challenge with the Calgary-based trans support center Skipping Stone and five families against the medical care ban, as that bill came into effect immediately upon passage.

“The actions of the government of Alberta are unprecedented. Never before in Canada has a government prohibited access to gender affirming health care,” says Kara Smyth, co-counsel in the case, in a press statement.

Egale says that the law violates the rights of trans people under Canada’s Charter of Rights and Freedoms, including the right to security of the person, freedom from cruel and unusual treatment, and equality. 

It also says the law violates Alberta’s recently amended Bill of Rights, including the right to not be subjected to, or coerced into receiving, medical care, medical treatment, or a medical procedure without consent. This was recently added into provincial law as a sop to far-right conspiracy theorists around vaccines in the wake of the COVID-19 pandemic.

“This government has acted directly counter to expert guidance and evidence, as well as the voices of Albertan families, and introduced policies that use fear and disinformation to target a small and vulnerable part of the community: 2SLGBTQI young people. All Albertan families and youth deserve the ability to access health care and participate fully in their communities,” says Amelia Newbert, co-founder and managing director of Skipping Stone.

Even if the plaintiffs succeed in court, they may still lose, because Canada’s Charter of Rights includes a clause that allows provincial governments to override fundamental rights. That’s what happened when a court in neighboring Saskatchewan ruled against a law requiring schools to out trans students to their parents.

Alberta Premier Danielle Smith has so far refused to say whether she’ll invoke the “notwithstanding” clause to override a court decision if the province loses.

And the temperature for LGBTQ rights in Alberta keeps getting worse. Also last week, the town of Barrhaven passed a citizen-initiated referendum that bans Pride flags — and all flags other than the Canadian, Albertan, or town flag — from being raised or painted on municipal property. That’s going to require that the city remove a recently installed rainbow crosswalk.

It’s the second town in Alberta to ban the Pride flags this year, after Westlock held a similar referendum in February.

ROMANIA

A scheduled second-round presidential election was cancelled by the Constitutional Court amid allegations that Russia was interfering to aid far-right nationalist Călin Georgescu against progressive reformer Elena Lasconi.

The unprecedented move was condemned by both candidates, who accused Romania’s establishment parties of trying to usurp the democratic process. 

Declassified intelligence reports released by the government assert that Georgescu’s campaign was supported by a Russian influence operation, which was largely played out through a massive TikTok campaign that raised his profile from obscurity to winning the first-round election on Nov. 24. 

Fresh elections will be called by the new parliament that was elected separately on Dec 1. In those elections, establishment parties lost ground — and their parliamentary majority — as three far-right ultranationalist parties made major gains.

Georgescu and the three parties supporting him have long been hostile to LGBTQ rights. Lasconi’s record on LGBTQ rights is mixed. She’s previously expressed opposition to same-sex marriage, but during the campaign said she would support civil union legislation and eventually would be open to equal marriage. 

Regardless of who wins the election, it is unlikely Romania’s parliament will bring forward much pro-LGBTQ rights legislation.

LITHUANIA

A court in Lithuania has for the first time recognized a same-sex partner as a child’s parent, in a groundbreaking ruling in a country where same-sex couples and families have few legal rights.

The Vilnius District Court ruling came into effect on Friday, recognizing both women as the child’s parent, LRT English reports.

The couple at the center of the case are Equal Opportunities Ombudsperson Birutė Sabatauskaitė and her partner Jūratė Juškaitė, director of the Lithuanian Center for Human Rights. Juškaitė will now be able to have her name listed as a parent on all of her daughter’s documents, giving her all the rights of a mother.

“From today, our family feels safer. The Vilnius District Court’s ruling that recognises me as the mother of our little girl has come into effect,” Juškaitė posted on Facebook.

While the case does not set a legal precedent, it shows that the Lithuanian courts are open to same-sex couples in the interest of protecting family rights and children’s rights. 

“Family cases are very individual, but yes, it could certainly inspire and give hope to families who don’t fit into the traditional definition of a family,” says Donatas Murauskas, who represented Juškaitė in court.

Same-sex couples are not generally afforded legal recognition or any of the rights that married heterosexual couples have in Lithuania. A bill to recognize civil partnerships awaits a final vote in the Lithuanian parliament, but the newly elected government, a coalition of Social Democrats and nationalists, has not agreed to put the bill in their program. 

CHINA

A Hong Kong lawmaker is calling on the city to ignore last year’s Court of Final Appeal ruling ordering the government to recognize same-sex unions, and is urging the city to instead appeal to mainland China to overrule the court.

Under the “One Country, Two Systems” form of government that Hong Kong has had since the end of the British colonial period in 1997, the city enjoys limited autonomy from Beijing. But China has the power to intervene on matters with “permanent, serious consequences.”

Lawmaker Junius Ho says that a series of Court of Final Appeal rulings that require the city to recognize same-sex couples and grant them equal access to public housing and inheritance rights are serious enough to warrant intervention from Beijing.

He made the comments at a forum hosted by a group he founded to fight the rulings, International Probono Legal Services Association Limited.

“The Court of Final Appeal [made these rulings] on so-called same-sex marriages under just one notion, equal rights. What equal rights? Diversity, inclusiveness and equality,” Ho said. “[These] universal values cannot override the constitution.”

Last year, the Court of Final Appeal gave the city two years to establish a legal mechanism to recognize same-sex couples, but LGBTQ activists have been frustrated by the lack of legislative progress on the issue.

Even as same-sex couples have continued to win victories in court, queer people have noticed that space for free expression has shrunk as the government has cut funding for LGBTQ service organizations and it has become more risky to accept funding from foreign sources amid a broader crackdown from the mainland on Hong Kong’s democratic institutions.

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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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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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