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.