World
Out in the World: LGBTQ news from Europe, Asia, and Canada
Slovenia court rules same-sex couples have constitutional right to assisted reproduction
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.
Uganda
Ugandan minister: Western human rights sanctions forced country to join BRICS
President Yoweri Museveni signed Anti-Homosexuality Act in 2023
Ugandan Foreign Affairs Minister Henry Oryem has revealed U.S. and EU sanctions over the country’s Anti-Homosexuality Act and other human rights violations have pushed Kampala to join the BRICS bloc.
Oryem noted Western powers’ decision to sanction other countries without U.N. input is against international norms, and Uganda needed to shield itself from such actions by aligning with the bloc that includes China, Russia, India, South Africa, Brazil, Egypt, the United Arab Emirates, Ethiopia, Iran, and Indonesia. (Consensual same-sex sexual relations remain criminalized in the United Arab Emirates, Egypt, and Ethiopia. Iran is among the countries in which consensual same-sex sexual relations remain punishable by death.)
Kampala officially became a BRICS member on Jan. 1, joining eight other countries whose applications for admission were approved last October during the bloc’s 16th annual summit in Kazan, Russia.
“The United States and European Union, whenever they impose sanctions, expect all those other countries to make sure they abide by those sanctions and if you don’t, you face penalties or even they sanction you,” Oryem said.
Oryem spoke before parliament’s Foreign Affairs Committee on Tuesday.
MPs asked him to explain the circumstances that led Uganda to join BRICS and the country’s financial obligation from the membership.
“Now because of that and the recent events, you have realized that the United States and European Union have started freezing assets of countries in their nations without UN resolutions which is a breach of international world order,” Oryem said. “Uganda can’t just standby and look at these changes and not be part of these changes. It will not be right.”
Oryem also said President Yoweri Museveni’s Cabinet discussed and approved the matter before he directed the Foreign Affairs Ministry to write to the BRICS Secretariat about admitting Uganda into the bloc.
The U.S. and other Western governments condemned Museveni’s decision to sign the Anti-Homosexuality Act, and announced a series of sanctions against Kampala.
Washington, for example, imposed visa restrictions on government officials who championed the Anti-Homosexuality Act, re-evaluated its foreign aid and investment engagement with Uganda, including the President’s Emergency Plan for AIDS Relief (PEPFAR), and reviewed Kampala’s duty-free trade with the U.S. under the African Growth and Opportunity Act for sub-Saharan African countries.
The U.S. in May 2024 imposed sanctions on House Speaker Anita Among and four other senior Ugandan government officials accused of corruption and significant human rights violations.
Although the EU criticized the enactment of the Anti-Homosexuality Act, the 27-member bloc did not sanction Kampala, despite pressure from queer rights activists. The state-funded Uganda Human Rights Commission and several other human rights groups and queer activists, meanwhile, continue to pressure the government to withdraw implementation of the law.
UHRC Chair Mariam Wangadya, who called on the government to decriminalize homosexuality last month, has said her commission has received reports that indicate security officers who enforce the Anti-Homosexuality Act have subjected marginalized communities to discrimination and inhuman and degrading treatment
“As a signatory to several international and regional human rights conventions, Uganda is committed to ensuring non-discrimination and equality before the law,” Wangadya said. “At the domestic level, Uganda’s constitution, under Article 21, prohibits discrimination based on gender, ensuring equality before the law, regardless of sex, race, ethnicity, or social status.”
Museveni’s son comes out against Anti-Homosexuality Act
Museveni’s son, Army Chief General Muhoozi Kainerugaba, has also emerged as a critic of the Anti-Homosexuality Act.
“I was totally shocked and very hurt. Japanese are warriors like us. I respect them very much. I asked them how we were oppressing them. Then they told me about the AHA,” he said on X on Jan. 3 while talking about how the Japanese questioned him over Uganda’s persecution of queer people during his recent visit to Tokyo. “Compatriots, let’s get rid of that small law. Our friends around the world are misunderstanding us.”
Kainerugaba, who is positioning himself as Museveni’s successor, had already declared an interest in running for president in 2026 before he withdrew last September in favor of his 80-year-old father who has been in power for more than three decades.
In his X post, Kainerugaba also indicated that “we shall remove this Anti-Homosexuality Act in 2026.” He left the platform six days later after his posts threatened Uganda’s diplomatic relations.
“They (gays) are sick people, but since the Creator made them … what do we do? Even ‘kiboko’ (whips) might not work. We shall pray for them,” Kainerugaba said.
The Supreme Court is currently considering a case that challenges the Anti-Homosexuality Act. The Constitutional Court last April upheld the law.
India
Indian Supreme Court rejects marriage equality ruling appeals
Judges ruled against full same-sex relationship recognition in 2023
The Indian Supreme Court on Jan. 9 rejected a series of petitions that challenged its 2023 ruling against marriage equality
A 5-judge bench — Justices Bhushan Ramkrishna Gavai, Surya Kant, Bengaluru Venkataramiah Nagarathna, Pamidighantam Sri Narasimha, and Dipankar Datta — said there were no errors in the ruling that justified a review.
A five-judge Supreme Court bench, led by Chief Justice Dhananjaya Yeshwant Chandrachud, on Oct. 17, 2023, in a 3-2 decision ruled against recognizing the constitutional validity of same-sex marriages in India.
The court emphasized it is parliament’s rule to decide whether to extend marriage rights to same-sex couples. It also acknowledged its function is limited to interpreting laws, not creating them.
The judges on Jan. 9 stated they had reviewed the original rulings.
“We do not find any error apparent on the face of the record,” they said. “We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.”
A new bench of judges formed on July 10, 2024, after Justice Sanjiv Khanna unexpectedly recused himself from hearing the appeals, citing personal reasons. The reconstituted bench included Narasimha, who was part of the original group of judges who delivered the ruling.
“The fact that we have lost is a comma and not a full stop for equality,” said Harish Iyer, a prominent LGBTQ rights activist in India and one of the plaintiffs of marriage equality case. “The admission of review petitions is a rarity, and while we will proceed with all legal recourses available this is not the only fight.”
Some of the plaintiffs in November 2023 appealed the Supreme Court’s original decision. Udit Sood and other lawyers who had represented them in the original marriage equality case filed the appeal.
The appeal argued the ruling contained “errors apparent on the face of the record,” and described the earlier ruling as “self-contradictory and manifestly unjust.” It criticized the court for acknowledging the plaintiffs face discrimination, but then dismissing their claims with “best wishes for the future,” contending this approach fails to fulfill the court’s constitutional obligations toward queer Indians and undermines the separation of powers envisioned in the constitution. The appeal also asserted the majority ruling warrants review because it summarily dismissed established legal precedents and made the “chilling declaration” that the constitution does not guarantee a fundamental right to marry, create a family, or form a civil union.
While speaking to the Washington Blade, Iyer said this setback is a reminder that our futures can be shaped by collaboration and numerous small victories along the way.
“We will have a multi-pronged approach,” he said. “We need to speak to parents groups, teachers, police personnel, doctors, and medical staff, news reporters, podcasters, grassroots activists, activists from allied movements, our local/state and national level elected representatives. We all need to do our bit in our circle of influence. These small waves will create a force that will help us propel toward marriage equality.”
Iyer told the Blade he is confident the community will achieve marriage equality within his lifetime, offering assurance to every queer individual.
“I just hope that I am not too old to find someone to marry with by then.”
As per the Supreme Court’s rules, a ruling is reviewed only if there is a mistake or error apparent on the face of the record, the discovery of new evidence, or any reason equivalent to these two. Justices typically consider appeals without oral arguments, circulating them among themselves in chambers. The same set of justices who issued the original ruling typically rules on the appeal. In this case, however, Justices Sanjay Kishan Kaul and S. Ravindra Bhat, and Chandrachud, who were part of the original bench, had retired.
Souvik Saha, founder of Jamshedpur Queer Circle, an LGBTQ organization that conducts sensitization workshops with law enforcement and local communities, described the Supreme Court’s refusal to hear the appeal as not just a legal setback, but a significant blow to the hopes of millions of LGBTQ people across India. He said the decision perpetuates a sense of exclusion, denying the community the constitutional promise of equality under Article 14 and the right to live with dignity under Article 21.
“This decision comes at a time when global momentum on marriage equality is growing,” said Saha, noting Taiwan and more than 30 other countries around the world have extended marriage rights to same-sex couples. “The lack of recognition in India, despite the 2018 Navtej Johar judgement — decriminalizing homosexuality, leaves the LGBTQ community in a vulnerable position.”
Saha further noted in Jharkhand, a state in eastern India where socio-cultural stigmas run deep, the Supreme Court’s refusal highlights the fight for equality is far from over.
He shared the Jamshedpur Queer Circle recently supported a young lesbian couple who were disowned by their families and faced threats when attempting to formalize their relationship. Saha stressed that without legal safeguards, such couples are left without recourse, underscoring the urgent need for marriage equality to ensure protection and recognition for LGBTQ people.
“While the decision delays progress, it cannot halt the movement for equality,” said Saha. “Marriage equality is inevitable in a country where nearly 60 percent of Indians aged 18-34 believe that same-sex couples should have the right to marry (Ipsos LGBT+ Pride Survey, 2021.) This ruling highlights the need to shift our advocacy strategy towards building a stronger case for social and political change.”
Saha proposed several calls to action and strategies for moving forward.
He emphasized to the Blade the need for mobilizing the community through state-level consultations and storytelling campaigns to humanize the issue of marriage equality. Saha also highlighted the importance of developing stronger petitions, supported by case studies, international precedents, and data to effectively address judicial concerns.
Saha suggested working with allies in civil society and corporate India to push for incremental changes. He advocated for engaging policymakers in dialogue to promote legislative reforms, emphasizing the economic benefits of inclusion. Saha also called for campaigns to counter misinformation and prejudice, while establishing counseling and support groups for LGBTQ people and their families that provide guidance and support.
“Legal recognition of marriage is not just about ceremony; it is about the basic rights, dignity, and respect that every individual deserves,” said Saha. “Together, through collective action, we will ensure that the arc of justice bends in our favor.”
Indrani Chakraborty, an LGBTQ activist and mother of Amulya Gautam, a transgender student from Guwahati in Assam state, described the Supreme Court’s appeal denial as an “insensitive approach.”
“Love and commitment are emotions that can never be under boundaries. Rejection of same-sex marriage is an oppressive approach towards the LGBTQI+ community,” said Chakraborty. “This is discrimination. Marriage provides social and legal security to the couple and that should be irrespective of gender. Same-sex relationships will be there as always even with or without any constitutional recognition. The fight should go on, as I believe, this validates the intention. The community needs to stand bold, and equality be achieved.”
The Vatican
Vatican approves Italian guidelines for gay priests
Seminary candidates cannot be denied because of sexual orientation, must remain celibate
The Vatican has approved new guidelines that opens the door for gay men in Italy to become priests.
The New York Times on Jan. 10 reported the Vatican approved the guidelines the Italian Bishop’s Conference adopted last November.
The guidelines specifically stipulate seminaries cannot reject applicants simply because of their sexual orientation, as long as they remain celibate. They will remain in place for what the Times described as a “3-year trial period.”
“This development is a big step forward,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a press release. “It clarifies previous ambiguous statements about gay seminary candidates, which viewed them with suspicion. This ambiguity caused lots of fear and discrimination in the church, way beyond the arena of seminary admissions.”
“This new clarification treats gay candidates in the same way that heterosexual candidates are treated,” added DeBernardo. “That type of equal treatment is what the church should be aiming for in regards to all LGBTQ+ issues.”
The Vatican in 2016 reaffirmed gay men becoming priests.
“The church, while profoundly respecting the persons in question, cannot admit to the seminary or to holy orders those who practice homosexuality, present deep-seated homosexual tendencies or support the so-called ‘gay culture,’” reads a document the Vatican’s Congregation for the Clergy released that Pope Francis approved.
The document essentially reaffirmed the Vatican’s 2005 position on the issue. (Benedict XVI was pope at the time.)
The Vatican’s tone towards LGBTQ and intersex issues has softened since Francis became pope in 2013.
Francis publicly backs civil unions for same-sex couples, and has described laws that criminalize homosexuality as “unjust.” Francis in 2023 said priests can bless same-sex couples.
The pontiff earlier this month named Cardinal Robert McElroy of San Diego, who DeBernardo notes has made “strong positive statements regarding LGBTQ+ issues,” as the new archbishop of Washington. President-elect Donald Trump has nominated Brian Burch, the president and co-founder of CatholicVote, an anti-LGBTQ Catholic group, to become the next U.S. ambassador to the Vatican.
Francis during a 2023 interview with an Argentine newspaper described gender ideology as “one of the most dangerous ideological colonizations” in the world because “it blurs differences and the value of men and women.” A declaration the Vatican’s Dicastery for the Doctrine of the Faith released last March with Francis’s approval condemned gender-affirming surgeries and “gender theory.”
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