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

Japanese prime minister backs marriage equality without legislative commitment

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(Los Angeles Blade graphic)

JAPAN

Japanese Prime Minister Shigeru Ishiba told parliament that he believed legalizing same-sex marriage would make the country happier, although he has no plan to bring forward legislation to make that happen. 

The remarks, which were echoed days later by Justice Minister Keisuke Suzuki, have buoyed the spirits of equal marriage campaigners in the country, despite the governmentā€™s lack of commitment to progress on the issue.

ā€œCompared to other prime ministers, there is a big difference in Ishibaā€™s tone, his direction and his outlook and we are clearly getting to the stage for Japan to take the next step in the right direction,ā€ marriage equality activist Alexander Dmitrenko told This Week in Asia.

Equal marriage advocates have been waging a long battle through both the courts and the political process to win same-sex marriage rights.

Earlier this month, a third appellate court ruled that the ban on same-sex marriage violates the Japanese constitution, finding for the first time that the ban violates the constitutional right to the pursuit of happiness. Five out of six lower courts that have heard cases seeking equal marriage have also ruled for equality. 

Elections in October yielded a parliament that has a majority in favor of equal marriage, but is still dominated by the largely conservative Liberal Democratic Party, which has formed a minority government. 

While Ishiba says he will not bring forward same-sex marriage legislation and is instead following the progress of cases through the courts for now, it is possible that other parties may try to force the issue by introducing their own bills. 

ā€œThe Fukuoka court has clearly said that the Diet must legally permit same-sex marriages in the same way that marriages between people of opposite sexes are recognized,ā€ Takeharu Kato, one of the lawyers in the equal marriage case that was heard in Sapporo.Ā 

ā€œWe intend to continue to put strong pressure on the government to realize these changes because we are confident that we are nearly there.ā€

PHILIPPINES

Government workers in the Philippines now have the right to dress according to their gender identity, under a new official dress code issued by the Civil Service Commission issued this month.

The Philippinesā€™ civil service is known for its strict dress code for government workers. Workers are required to wear specific locally inspired outfits on Mondays and have been required to wear gender-conforming smart casual office attire on other workdays.

Under the revised dress code, workers are freer to dress according to their gender identity, and female workers are freer to wear either skirts or pants. The new code also relaxes standards relating to tattoos, facial piercings, and hairstyles, as long as they donā€™t interfere with the employeeā€™s work or with safety standards.

Gender-inclusive dress codes have become a much-debated topic in the Philippines in recent years, particularly in schools and universities, where uniforms and dress codes are often strongly enforced. A growing number of institutions have adopted gender-neutral dress codes and uniforms, while the national government says it is studying creating a standard for gender-inclusive dress codes to promote equality.

In another positive development for LGBTQ Filipinos, Globe Telecom, one of the countryā€™s largest mobile providers, has announced it will provide spousal benefits to same-sex partners of its employees. 

Same-sex couples have no legal recognition in the Philippines. A civil union bill has been proposed several times in Congress, but has never advanced.

LITHUANIA

Lithuaniaā€™s constitutional court struck down an ā€œLGBT Propagandaā€ law this week, in a ruling that ought to bring relief to queer activists, publishers, and media outlets.

The ā€œLaw on the Protection of Minors,ā€ which was passed in 2009, banned the promotion of sexual relations or non-traditional conceptions of marriage or family, and drew sharp criticism from queer and civil liberties groups across Europe. It has been used in attempts to ban Vilnius Pride and led broadcasters to restrict advertisements for queer events and causes. 

In one landmark case, government censors used the law to restrict distribution of books of childrenā€™s stories due to its depiction of two same-sex couples. That decision was eventually appealed to the European Court of Human Rights, which found last year that the law violated the European Conventionā€™s guarantee of free expression.

Following the ruling, the previous government tried to repeal the law, but after its bill was voted down by parliament, the government filed this legal challenge to the constitutional court.

“Finally, we are normalizing the portrayal and life of our community, and I believe that LGBT youth will live a freer life,” Vladimiras Simonko, head of the Lithuanian Gay League, told LRT.

The court ruled that the lawā€™s anti-LGBTQ sections were unconstitutional restrictions on free expression, and were also too vague, as they did not define what kinds of information disparage family values.   

The court also found that the implications of the law also unfairly narrow the definition of family found in the constitution.

Same-sex couples are not legally recognized in Lithuania. A bill to recognize civil unions was introduced by the previous government but awaits a final vote before it can be brought into law. The current government has not made passing the bill a priority.

CANADA

The province of New Brunswick has finally repealed regulations that required schools to notify parents and receive their consent if a student wishes to use a different name or pronoun in class, following a change in government in October.

The Canadian Civil Liberties Association, which had brought a legal challenge against the original policy, hailed the changes.

“We will discuss with our legal counsel and affected community groups, but expect that these changes will resolve legal issues in our constitutional challenge,” CCLA Director of Equality Programs Harini Sivalingam told CBC

The controversial regulation, known as Policy 713, was brought forward by the provinceā€™s previous Progressive Conservative Party government under former Premier Blaine Higgs. The regulation, which was introduced with limited consultation, led several of Higgsā€™ Cabinet ministers to resign in protest, and led the charge for provincial conservatives to campaign on anti-trans policies across Canada.

That strategy tended not to work for conservatives. In October, Higgsā€™s government was voted out in favor of the New Brunswick Liberals under Susan Holt, who had pledged to rescind the policy and ensure schools are welcoming for all LGBTQ students.

Similarly, Manitobaā€™s PC government was voted out in May after pledging to introduce a similar policy, and the British Columbia Conservatives lost their bid to replace the provinceā€™s NDP government in elections in October.

Still, Saskatchewanā€™s conservative government won reelection in October after introducing a similar policy earlier in the year, and Albertaā€™s conservative government just passed some of the most sweeping anti-transgender legislation Canada has seen in quite some time, including bans on classroom discussion of LGBTQ issues and participation in gender-appropriate sports.

Albertaā€™s anti-trans laws have already been challenged in court, but Saskatchewanā€™s government used a constitutional provision to prevent any legal challenges to its anti-trans laws for five years after an initial loss in court. 

But conservative governments in Ontario and Quebec, which had initially announced plans to introduce parent notification and consent rules for trans students, have yet to bring forward such policies or regulations.

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Thailand

Thailand marriage equality law takes effect

Country is first in Southeast Asia to allow same-sex couples to marry

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(Public domain photo)

A law that extends marriage rights to same-sex couples in Thailand took effect on Thursday.

Media reports indicate hundreds of same-sex couples tied the knot across the country once the law took effect. The Bangkok Post reported Bangkok Pride and authorities in the Thai capital organized a mass wedding that took place at a shopping mall.

“Today, the rainbow flag is proudly flying over Thailand,” said Prime Minister Paetongtarn Shinawatra on X.

Thai lawmakers last year approved the marriage equality bill. King Maha Vajiralongkorn signed it last September.

Thailand is the first country in Southeast Asia to extend marriage rights to same-sex couples.

Same-sex couples can legally marry in Taiwan and Nepal.

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Uganda

Ugandan advocacy groups step up fight against mpox

More than 500 new cases reported in country over last two weeks

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(Image by rarrarorro/Bigstock)

As mpox cases continue to surge in Uganda, LGBTQ rights organizations have raised concerns over its ā€œtroubling increaseā€ among the queer community and have advised it to be on high alert.  

The Uganda Key Populations Consortium, an LGBTQ rights organization, working closely with the Health Ministry and Kampala Capital City Authority and other government bodies to stem the spread of mpox, has warned that queer people in semi-urban areas are the most affected.   

ā€œThese communities have expressed valid concerns regarding stigma and discrimination which may deter individuals from seeking necessary medical attention,ā€ UKPC Director General Richard Lusimbo said.  

Uganda has recorded 512 new mpox cases in the last two weeks, bringing the total number of cases to 2,127 and 12 deaths, as the Health Ministry confirmed on Tuesday. The World Health Organizationā€™s latest multi-country report on the mpox outbreak, released on Jan. 11, indicates that Uganda has recorded 1,552 cases and 12 deaths since the disease was first reported last July..      

The WHO report places the capital Kampala with the highest number of mpox diseases spread through community transmission with an infection incidence of 45 cases per 100,000 people, followed by the Wakiso and Nakasongola districts.

ā€œCases have been reported in at least 49 percent (71 out of 146) of districts in the country, but the epidemic remains largely concentrated in and around Kampala,ā€ the WHO report reads. ā€œSo far, only clade Ib MPXV, linked to the outbreak in the eastern Democratic Republic of the Congo, has been detected in the country, and current evidence indicates that transmission of the virus is occurring exclusively through close, physical human-to-human contact.ā€ 

People between 20-29 are the most affected group, with sexual contact as a major mode of transmission among sex workers and men who have sex with men.

The UKPC has issued an urgent health advisory to the queer community as it collaborates with the Health Ministry and KCCA in responding to the mpox transmission through immediate and long-term actions, including integrating its response with ongoing HIV prevention and care strategies. 

Lusimbo, whose organization has also partnered with WHO and the Most At Risk Populations Initiative, a local health NGO, to stem the spread of mpox stated a unified preventive approach that is inclusive and effective is vital for the health and safety of all Ugandans.   

ā€œThe fear of stigma and discrimination can exacerbate the situation by hindering effective response and treatment efforts,ā€ Lusimbo said. 

He noted that the fight against mpox in Uganda is not just limited to managing a health crisis. It also offers the queer community an opportunity to advocate for the rights and dignity of the marginalized groups. 

The UKPC last week unveiled an online survey on the mpox epidemic targeting queer people in Uganda to reliably understand its impact on them and their knowledge about the disease.Ā 

ā€œMpox continues to disproportionately affect mostly our community, especially female sex workers and their clients, and men who have sex with men,ā€ the survey reads. ā€œAs the national secretariat and coordinating body for key populations, UKPC, in partnership with KCCA, has been leading important discussions on the diseaseā€™s public health implications in areas where the impact is most notable.ā€

The report states the survey data will help develop tailored, inclusive, and equitable interventions for the LGBTQ community. The survey also seeks to provide specific numbers of queer people who have contracted mpox and those who have died from the disease.

Uganda Minority Shelters Consortium Coordinator John Grace attributed the lack of data about queer people affected by mpox to privacy concerns, stigma, and discrimination against the community by the homophobic public and state authorities tasked with enforcing anti-homosexuality laws. He said the Anti-Homosexuality Law has created a significant barrier for queer people to report such abuses.

ā€œThis makes it difficult to ascertain the true extent of stigma and discrimination or the impact of misinformation about transmission methods,ā€ Grace said.  

Grace also noted the collaboration between LGBTQ organizations and healthcare providers in tackling mpox has been ā€œinconsistent.ā€ 

ā€œWhile some providers have been welcoming and supportive, others demonstrate a lack of awareness or sensitivity regarding the specific needs of the LGBTQ+ community,ā€ he said.

Despite the homophobic climate in Uganda amid the fight against mpox, Grace noted many LGBTQ organizations have proactively disseminated accurate information to educate queer people about the diseaseā€™s prevention within their communities through educational campaigns and safer sex practices.   

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India

India hotel chain policy allows for cancellation of unmarried couples’ reservations

OYO Rooms issued directive on Jan. 9, requires proof of relationship

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(Photo by Postmodern Studio/Bigstock)

Traveling in India is becoming increasingly challenging for unmarried couples, with LGBTQ partners facing even greater hurdles.

OYO Rooms, a major hospitality chain, on Jan. 9 issued a directive to its partner hotels in Meerut, a city that is 50 miles from New Delhi, that allows them to refuse to allow unmarried couples to make reservations.

The chain now requires all couples to present valid proof of their relationship at check-in, even for online bookings. The company stated the decision aligns with local social sensibilities and hinted that the policy might be expanded to other cities based on feedback from the ground.

OYO, which partners with more than half a million hotels across India, operates not only within the country but also in other parts of Asia, the U.S., and Europe. According to sources familiar with the policy change, the company previously received feedback from civil society groups, particularly in Meerut, urging action on this issue. Residents from other cities have also petitioned to disallow unmarried couples from booking rooms in OYO hotels.

OYO and other budget hotel chains for years have been perceived in India as safe spaces for couples seeking privacy. This policy change, however, has sparked criticism online. Many view it as a departure from the brand’s long-standing image as a haven for unmarried couples. In a society where many couples struggle to find private spaces at home or elsewhere, this move has drawn backlash for restricting access to affordable accommodation.

LGBTQ couples, who often rely on OYO and other budget hotels for privacy, may feel the impact of this decision more acutely.

The Supreme Court in 2023 ruled LGBTQ people have the right to form relationships without discrimination, but it also ruled against marriage rights for same-sex couples. OYO’s policy, and others like it, further limit the availability of same spaces for them as they continue to face marginalization.

India in 2023 welcomed approximately 9.23 million foreign tourists, an increase from 7 million in 2021, though still below the pre-pandemic peak of 10.93 million in 2019. While there are no specific records for LGBTQ tourists, the International Gay and Lesbian Travel Association. Restrictive policies like OYO’s directive, however, could create difficulties for LGBTQ travelers seeking budget accommodations.

“OYO is committed to upholding safe and responsible hospitality practices,” said OYO North India Region Head Pawas Sharma in a statement to Press Trust of India. “While we respect individual freedoms and personal liberty, we also recognize our responsibility to listen to and work with law enforcement and civil society groups in the micro-markets we operate in. We will continue to review this policy and its impact periodically.”

The multinational company claims to be reshaping outdated perceptions by presenting itself as a brand that offers safe experiences for families, students, business travelers, religious pilgrims, and solo travelers.

A survey that Booking.com conducted in 2023 found, 91 percent of LGBTQ travelers in India prioritized their personal safety and well-being when choosing travel destinations, a notable increase from 70 percent in the previous year.

“I am surprised OYO is doing this,” said Kalki Subramaniam, a global transgender activist, artist, and founder of the Sahodari Foundation, an organization that supports trans people in India. “What are they trying to establish through this moral code? Do they really care about every customer? If so, how can they introduce something like this? I would like to know what their stance on LGBTQ rights is.”

The Washington Blade made multiple attempts to contact OYO founder Ritesh Agarwal and his company for comment, but has received no response.

Sudhanshu Latad, advocacy manager at Humsafar Trust, a prominent LGBTQ organization in India, expressed uncertainty about the policyā€™s impact on the LGBTQ community.

“Two boys in India are not considered married anyway, so if two boys book a hotel room together, no one usually bothers unless one is feminine or gives off a hint,” Latad said. “However, for a trans woman and a man, it could be a challenge.”

Latad referenced the Supreme Court’s 2023 marriage equality ruling, which allows trans people who fit into the binary system of gender to legally marry.

“Affluent transgender couples may choose bigger hotels, which are less of a challenge, but economically marginalized individuals often end up paying bribes to hotel staff at budget hotels like OYO Rooms,” he added.

Latad further explained that tourists can generally be divided into two categories: Affluent leisure travelers who prefer luxury hotels, and backpackers.

“If backpackers are gay white men, they usually face no trouble securing a room,” he said. “OYO’s policy, however, seems discriminatory towards heterosexual unmarried couples.”

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