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

European Court of Human Rights rules Switzerland cannot deport gay Iranian refugee

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(Los Angeles Blade graphic)

SWITZERLAND

The European Court of Human Rights has ruled that Switzerland cannot deport a gay Iranian refugee claimant, finding that the state’s argument that he’d be safe as long as he’s discreet is not reasonable. 

The decision, which was delivered Nov. 12, applies to all 46 members of the European Convention on Human Rights. 

The Swiss government acknowledged that the refugee claimant, known in the case as M.I., was a gay man and that gay men face persecution from state and non-state actors in his country of origin, Iran. But Switzerland had denied M.I.’s asylum claim, arguing that he could avoid persecution by using discretion and restraint in expressing his sexuality and that it was unlikely his sexual orientation would become known to Iranian authorities otherwise.

The court found this reasoning wrong, noting that M.I.’s sexual orientation could be discovered if he were deported to Iran, and the state had not addressed whether Iranian authorities would provide him with protection against ill-treatment. The court ordered Switzerland to reconsider M.I.’s claim in light of the lack of this protection. 

Homosexuality is illegal in Iran, with penalties including beatings and death. The court ruling notes that given criminalization of homosexuality, it is unreasonable to assume that an LGBTQ person can seek protection from authorities in Iran. 

Jacqueline McKenzie, a lawyer who represented Stonewall UK and African Rainbow Family in their intervention in the case, calls the decision a “watershed” that would help ensure protection for LGBTQ asylum seekers across Europe.

“I am delighted for not just my clients, Stonewall and African Rainbow Family, but for all gay people who continue to face the threat of removal to several countries where gay sex is prohibited by law and penal codes, and where in some instances, punishable by death, on the basis that they can be discreet about their sexuality,” McKenzie says in a statement.

“This is a watershed ruling that puts an end to the reasoning that it is safe to return gay men who are discreet about their sexuality to countries where they would be in danger if their sexuality were to be discovered.” 

ROMANIA

An LGBTQ activist is making history as the first openly queer person to run for parliament in upcoming elections set for Dec. 1.

Florin Buhuceanu is running for the liberal Renewing Romania’s European Project Party (REPER), a minor party that splintered from the Save Romania Union two years ago and currently holds 10 seats in the 330-seat lower house.

He says he’s running to advance LGBTQ rights, including the recognition of same-sex unions, which all political parties in Romania have refused to do so far.

Buhuceanu has a history of advocacy on same-sex couples’ rights. In 2019, he and his partner of 10 years joined 20 other couples in suing the government at the European Court of Human Rights over Romania’s refusal to recognize same-sex couples. Last year, they won their case, and Romania was ordered to recognize same-sex couples in a decision that set an important precedent continent-wide. 

But more than a year later, nothing has changed in Romania, because politicians have lacked the will to implement civil unions in the deeply conservative country. Buhuceanu says the lack of progress threatens democracy and rule of law.

“It’s sad that Romanian politicians are so lacking in courage to look around them and open up their eyes to the realities that are under their nose,” Buhuceanu told the news outlet Context. “This issue cannot be separated from what’s going on with the democracy status of Romania. It’s inconceivable to have final judgments that are not respected immediately.”

Buhuceanu also helped organize Romania’s first gay pride festival and led Accept, the country’s leading LGBTQ advocacy group. Buhuceanu and his partner also curate an LGBTQ history museum in their home in Bucharest, which is open to the public on weekends.

He says he’s running for parliament to drive change for the LGBTQ community.

“It’s the only community I’m aware of with zero political representation and this has to change,” Buhuceanu says. “We cannot wait, we should mobilize our people to occupy as many positions as possible. Otherwise, the anti-gender movement, these extreme political parties, will try to occupy the vacuum we have produced.”

JAPAN

A man is suing the Japanese government after a judge barred him from wearing rainbow-colored socks to a court hearing on same-sex marriage last year.

Ken Suzuki was wearing the rainbow-patterned socks when he attempted to observe the same-sex marriage trial in Fukuoka District Court in June 2023. He says he was told by court officials to hide the rainbow pattern ahead of the trial, and was only admitted after he folded the pattern inward, obscuring it.

He’s now joined two other individuals who were ordered to change or hide clothing with various expressions before attending other unrelated cases in a case before the Tokyo District Court seeking 3.3 million yen (approximately $21,000) in damages. 

Suzuki claims that the court overstepped its authority to maintain order by requiring that he remove the socks, as they did not disrupt the court proceedings. He also says the order was inconsistent, as he was able to wear the socks without issue while attending a different same-sex marriage trial at the Tokyo District Court. 

Several courts across Japan are weighing the rights of same-sex couples. Five of six lower courts that have heard same-sex marriage cases have ruled that the ban on same-sex marriage violates the constitution, as have two superior courts that have heard challenges. Further court hearings are expected in superior courts, and eventually at the Supreme Court. 

VANUATU

Vanuatu’s parliament has amended its marriage laws to explicitly ban same-sex marriage, amid a new crackdown on LGBTQ people in the South Pacific island nation. 

Prior to passage of the marriage law amendment, Vanuatu’s Marriage Act neither explicitly forbade nor permitted same-sex marriage. The new law now states that same-sex marriages may not be registered in Vanuatu.

Interior Minister Andrew Napuat told Radio New Zealand the law expresses the government’s opposition to LGBTQ couples. He also threatened anyone who attempts to conduct a same-sex marriage with revocation of their license.

“When the law was passed (Nov. 14), it made clear the government’s full intention, along with our leaders, that every pastor who performs marriage ceremonies must understand that they cannot conduct a ceremony that is against the law and expect it to be registered,” Napuat says.

“If anyone conducts a marriage that does not follow the spirit of the law passed today and seeks our registration, his or her license will be revoked to prevent further marriages. This applies to religious, civil, or traditional ceremonies.” 

Earlier this month, the Justice and Community Services Ministry announced it was forming a committee to draft a national policy banning LGBTQ advocacy in Vanuatu. 

The proposed crackdown comes after the president of Vanuatu’s Council of Traditional Chiefs said the activities of the country’s LGBTQ advocacy group VPride threaten traditional values and Christian beliefs.

While Vanuatu is a deeply conservative country, same-sex activity has never been illegal since independence from Britain and France in 1980.

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Israel

Queer American in Israel discusses Iran war’s impact

Max Polonsky lives in Jaffa

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Max Polonsky on his balcony in Jaffa (Photo courtesy of Max Polonsky)

The Washington Blade on Wednesday spoke with Max Polonsky, a queer American who lives in Israel, about the Iran war and its impact on the country.

“It’s been tiring,” Polonsky told the Blade during a telephone interview from his home in Jaffa, an ancient port city with a large Arab population that is now part of Tel Aviv.

Polonsky grew up in Cherry Hill, N.J. He lived in D.C. for eight years before he moved to Israel in March 2022.

Israel and the U.S. on Feb. 28 launched airstrikes against Iran.

One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.

An Iranian missile on March 1 killed nine people and injured 27 others in Beit Shemesh, an Israeli town that is roughly 20 miles west of Jerusalem. Shrapnel from an Iranian missile that struck a hair salon in Beit Awa, a Palestinian town in the West Bank, on Wednesday killed four women and injured more than a dozen others.

An Iranian drone that hit a command center in Kuwait on March 1 killed six U.S. soldiers: Sgt. Declan Coady, Sgt. 1st Class Nicole Amor, Capt. Cody Khork, Sgt. 1st Class Noah Tietjens, Chief Warrant Officer 3 Robert Marzan, and Maj. Jeffrey O’Brien. Another American servicemember, Sgt. Benjamin Pennington, died on March 8, a week after Iranian drones and missiles targeted the Prince Sultan Air Base in Saudi Arabia.

Iranian drones and missiles have damaged hotels, airports, oil refineries, and other civilian and energy infrastructure in the United Arab Emirates, Kuwait, Qatar, and elsewhere. Israel on Wednesday attacked Iran’s South Pars natural gas field in the Persian Gulf.

The Associated Press notes roughly 20 percent of the world’s crude oil passes through the Strait of Hormuz that connects the Persian Gulf and the Gulf of Oman. Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the strategic waterway to ship traffic.

The war also left hundreds of thousands of people who were traveling in the Middle East stranded.

The Blade on March 6 spoke with Mario, who had stopped in his native Lebanon while traveling from the U.S. to India for work.

Mario was about to board a flight at Rafic Hariri International Airport in Beirut, the Lebanese capital, on Feb. 28 when the war began and authorities closed the country’s airspace. Mario is now back in the U.S.

The sky above Tel Aviv after Israel’s air defense system intercepted a missile. (Photo courtesy of Max Polonsky)

Polonsky told the Blade there were “alarms all day … sometimes multiple alarms an hour, sometimes every hour, every two hours” on Feb. 28.

Israel’s Home Front Command typically issues warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sound 90 seconds before an expected strike.

People in Tel Aviv, Jerusalem, and in other cities in central Israel have 90 seconds to seek shelter if a rocket or missile is fired from Lebanon or the Gaza Strip. (Hezbollah, an Iran-backed Shia militant group in Lebanon that Israel and the U.S. have designated a terrorist organization, launched rockets at the Jewish State after Khamenei’s death. Israel, in turn, continues to carry out airstrikes against Hezbollah targets in Lebanon. Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip.) People who live close to Lebanon and Gaza have 15 seconds to seek shelter.

Polonsky has a safe room — known as a “mamad” — in his apartment. Polonsky also uses it as his home office and a second bedroom.

He told the Blade the alerts in recent days have become less frequent.

“We’ll get maybe a handful of alarms during the day, maybe some at night,” said Polonsky.

Israel on June 12, 2025, launched airstrikes against Iran that targeted the country’s nuclear and military facilities. The subsequent war, which lasted 12 days, prompted the cancellation of Tel Aviv’s annual Pride parade. An Iranian missile destroyed Mash Central, the city’s last gay bar.

Iran on Oct. 1, 2024, launched upwards of 200 ballistic missiles at Israel. This reporter arrived in Israel three days later to cover the first anniversary of Oct. 7 and the impact the subsequent war in the Gaza Strip had on LGBTQ Israelis and Palestinians.

‘Iranian regime was bad’

Polonsky admitted he doesn’t “know what to think” about the latest war against Iran.

“I don’t know what I think about the war,” he said. “Ultimately what happens is just not in my personal control: whatever Donald Trump, [Israeli Prime Minister Benjamin] Netanyahu, the ayatollah, whoever is running Iran are going to organize and launch attacks and reach any deals is not anything I personally have any control over, so I try to just kind of let that aspect of it go as I’m living my life.”

Israelis celebrating Purim at a house party take shelter in a safe room during an Iranian missile attack. (Photo courtesy of Max Polonsky)

Polonsky told the Blade he understands “there are very serious questions about how” the war started, and Congress’s role in it.

“Those are serious and valid, important questions,” he said. “And at the same time, the Iranian regime was bad.”

Polonsky noted Iran has supported and funded Hezbollah, Hamas, Houthi rebels in Yemen, and other groups “who were attacking Israel.” Polonsky added the Iranian government has “terribly oppressed their people.”

Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.

Reports indicate Iranian authorities killed upwards of 30,000 people during anti-government protests that began late last year. Sources with whom the Blade spoke said LGBTQ Iranians are among those who participated in the demonstrations.

“I’m not sad to see them pressured,” said Polonsky, referring to the Iranian regime.

He also described Khamenei as “a bad guy.”

“Him not being there is better,” said Polonsky.

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State Department

Report: US to withhold HIV aid to Zambia unless mineral access expanded

New York Times obtained Secretary of State Marco Rubio memo

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(Image by rusak/Bigstock)

The State Department is reportedly considering withholding assistance for Zambians with HIV unless the country’s government allows the U.S. to access more of its minerals.

The New York Times on Monday reported Secretary of State Marco Rubio in a memo to State Department’s Bureau of African Affairs staffers wrote the U.S. “will only secure our priorities by demonstrating willingness to publicly take support away from Zambia on a massive scale.” The newspaper said it obtained a copy of the letter.

Zambia is a country in southern Africa that borders Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, Angola, and the Democratic Republic of Congo.

The Times notes upwards of 1.3 million Zambians receive daily HIV medications through PEPFAR. The newspaper reported Rubio in his memo said the Trump-Vance administration could “significantly cut assistance” as soon as May.

“Reports of (the) State Department withholding lifesaving HIV treatment in return for mining concessions in Zambia does not make us safer, stronger, or more prosperous,” said U.S. Sen. Jeanne Shaheen (D-N.H.), the ranking member of the Senate Foreign Relations Committee, on Tuesday. “Monetizing innocent people’s lives further undermines U.S. global leadership and is just plain wrong.”

The Washington Blade has reached out to the State Department for comment.

Zambia received breakthrough HIV prevention drug through PEPFAR

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia two months later received the first doses of the breakthrough HIV prevention drug.

Kenya and Uganda are among the African countries have signed health agreements with the U.S. since the Trump-Vance administration took office.

The Times notes the countries that signed these agreements pledged to increase health spending. The Blade last month reported LGBTQ rights groups have questioned whether these agreements will lead to further exclusion and government-sanctioned discrimination based on sexual orientation and gender identity.

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Botswana

The rule of law, not the rule of religion

Bonolo Selelo and Tsholofelo Kumile are challenging the Botswana Marriage Act

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(Bigstock photo)

Botswana was in a whole frenzy as religious and traditional fundamentalists kept mixing religion and constitutional law as if it were harmless. It is not. One is a private matter of belief between you and God, while the other is the framework that protects and governs us all. When these two systems get fused, the result is rarely justice. It results in discrimination. 

The ongoing case brought by Bonolo Selelo and Tsholofelo Kumile challenging provisions of the Botswana Marriage Act has reignited a familiar debate in Botswana. Some commentators insist that marriage equality violates religious values and therefore should not be recognized by law. It is a predictable argument. It is also fundamentally incompatible with constitutional governance.

Botswana is not a Christian state. It is a constitutional democracy governed by the Constitution of Botswana. That distinction matters. In a constitutional democracy, laws are interpreted in accordance with constitutional principles such as equality, dignity, protection, inclusion and the rule of law, rather than the doctrinal beliefs of any particular religion.

Religion has no place in constitutional law and democracy

The central problem with religious arguments in constitutional disputes is simple in that they divide, they other, they contest equality and they are personal. Constitutional law by contrast, must apply equally to everyone.

Botswana’s Constitution guarantees fundamental rights and freedoms under Sections 3 and 15, including protection from discrimination and the right to equal protection of the law. These provisions are not conditional on religious approval. They exist precisely to protect minorities from the preferences or prejudices of the majority.

Legal experts, such as Anneke Meerkotter, in her policy brief in Defense of Constitutional Morality, point out that constitutional rights function as a safeguard against majoritarian morality. If rights depended on whether the majority approved of a minority’s identity or relationships, they would not be rights at all. They would merely be privileges.

This principle has already been affirmed in Botswana’s jurisprudence. In the landmark decision of Letsweletse Motshidiemang v Attorney General, the High Court held that criminalizing consensual same-sex relations violated constitutional protections of liberty, dignity, privacy, and equality. This judgment noted that constitutional interpretation must evolve with society and must be guided by human dignity and equality. The court emphasized that the Constitution protects all citizens, including those whose identities, expressions or relationships may be unpopular. That ruling was later upheld by the Court of Appeal of Botswana in 2021, reinforcing the principle that constitutional rights cannot be restricted on grounds of moral disapproval alone. These decisions were not theological pronouncements. They were legal determinations grounded in constitutional principles.

The danger of religious majoritarianism

When religion is used to justify legal restrictions, the result is what constitutional scholars call “majoritarian moralism.” It allows the dominant religious interpretation in society to dictate the rights of everyone else. That approach is fundamentally incompatible with constitutional democracy. Botswana is religiously diverse. While Christianity is the majority faith, there are also Muslims, Hindus, traditional spiritual communities, Sikh and people who practice no religion at all. If the law were to follow the doctrines of one religious group, which interpretation would it adopt? Christianity alone contains dozens of denominations with different views on love, equality, marriage, sexuality, and gender. The moment the state begins to legislate on the basis of religious doctrine, it implicitly privileges one belief system over others. That undermines both religious freedom and constitutional equality. Ironically, keeping religion separate from constitutional law is what protects religious freedom in the first place.

Judicial independence is the cornerstone of Botswana’s governance system

The current case involving Bonolo Selelo and Tsholofelo Kumile is before the judiciary, where it belongs. Courts exist to interpret the Constitution and determine whether legislation complies with constitutional rights. Political and religious lobbying, as well as public outrage, must not influence that process.

Judicial independence is the cornerstone of Botswana’s governance system. According to the International Commission of Jurists, judicial independence ensures that courts can make decisions based on law and evidence rather than political or social pressure.

When governments, political, religious, or traditional actors attempt to interfere in constitutional litigation, they weaken the rule of law. Botswana has historically prided itself on having one of the most stable constitutional systems in Africa. The judiciary has played a critical role in safeguarding rights and maintaining legal certainty. The decriminalization case demonstrated this. Despite strong public debate and political sensitivity, the courts assessed the law according to constitutional principles rather than moral panic. The same standard must apply in the current marriage equality case.

This article was first published in the Botswana Gazette, Midweek Sun, and Botswana Guardian newspapers and has been edited for the Washington Blade. 

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.

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