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Swiss voters narrowly reject anti-marriage proposal

Tax equity initiative failed by a 51-49 percent margin

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Switzerland, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality

Switzerland, gay news, Washington Blade, gay marriage, same-sex marriage, marriage equality

LGBT rights advocates rally in support of marriage rights for same-sex couples in 2014 in Bern, Switzerland. Swiss voters on Feb. 28, 2016, narrowly rejected a proposal that would have defined marriage as between a man and a woman in the country’s constitution. (Photo courtesy of Maria von Känel/Swiss Rainbow Families Association)

Swiss voters on Sunday narrowly rejected a proposal that would have prevented same-sex couples from receiving marriage rights.

Election officials indicate the initiative failed by a 51-49 percent margin.

The Christian Democratic People’s Party of Switzerland proposed the initiative — titled “For the Couple and the Family — No to the Marriage Penalty” — in 2012 as a way to address tax “inequality” among married couples. The initiative also sought to amend the Swiss Federal Constitution to define marriage as between a man and a woman.

“Marriage is the sustainable and regulated union between a man and a woman,” reads the proposed amendment, according to ILGA-Europe. “From a fiscal point of view, marriage constitutes an economic community. It cannot be discriminated against other ways of living, in particular in terms of tax and social insurance.”

“This initiative was anti-LGBTI sentiment masquerading as tax reform,” said Joyce Hamilton, co-chair of ILGA-Europe’s Executive Board, in a statement on Sunday. “The Swiss public saw through the proposal and said they didn’t want to be part of it.”

Swiss LGBT rights advocates also welcomed the vote’s outcome.

Pink Cross posted a picture to its Twitter page with the caption “Yes! A no!”

The Bern-based advocacy group was among the coalition of more than LGBT organizations that urged Swiss voters to oppose the initiative.

“We are very happy that we won this vote,” Pink Cross Secretary General Bastian Baumann told the Washington Blade.

Maria von Känel of the Swiss Rainbow Families Association described Sunday’s vote as “a successful fight against a significant setback.”

“We succeeded in mobilizing a large section of the general public in preventing the enshrinement in the Swiss constitution of the definition of marriage as between one man and one woman,” she told the Blade.

Switzerland has legally recognized same-sex relationships under its Partnership Act since 2007.

The country’s highest court later ruled that gays and lesbians in long-term relationships were entitled to receive the same death benefits from their partner’s pensions that heterosexuals do.

Members of the Legal Affairs Committee of the National Council, which is the lower house of the Swiss Federal Assembly, in February 2015 overwhelmingly recommended that the country extend marriage rights to same-sex couples. The Legal Affairs Committee of the Council of States, which is the upper house of the Swiss Federal Assembly, last September approved the proposal by a 7-5 vote margin.

The Swiss Federal Assembly later this year is expected to debate the issue.

Von Känel told the Blade on Sunday that 70 percent of Swiss people support marriage rights for same-sex couples.

“The result of the vote strengthens our resolve to continue our struggle for marriage equality, a parliamentary initiative on which topic is currently being discussed,” she said, referring to Sunday’s vote.

Baumann made a similar point.

“So now we approaching more conservative MP’s and try to convince them for marriage equality,” he told the Blade. “In other hand we try to show the diversity of love and couples in Switzerland with our campaign.”

The Council of States on March 8 is scheduled to vote on a bill that would extend second-parent adoption rights to LGBT couples.

“We are hopeful and cautiously optimistic that the bill will pass,” von Känel told the Blade.

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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