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Snyder suspends benefits for Michigan same-sex marriages

Governor acknowledges couples legally married, but withholds benefits until stay lifted

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Rick Snyder, Michigan, gay news, Washington Blade

Gov. Rick Snyder (R-Mich.) won’t recognize same-sex marriages performed in Michigan (Photo by Major.guy2012; courtesy Wikimedia Commons)

Michigan Gov. Rick Snyder announced on Wednesday his state won’t afford benefits to the same-sex couples who married in his state over the weekend until the courts lift a stay on the weddings as litigation moves forward.

Still, Snyder acknowledged the more than 300 same-sex weddings that took place on Saturday were legally valid.

“After comprehensive legal review of state law and all recent court rulings, we have concluded that same-sex couples were legally married at county clerk offices in the time period between U.S. District Judge [Friedman’s] ruling and the Sixth U. S. Circuit Court of Appeals temporary stay of that ruling,” Snyder said in a statement.

But Snyder continued the state will suspend benefits afforded to the couples “in accordance with the law” until the stay on the weddings from the U.S. Sixth Circuit Court of Appeals is lifted.

“Because the stay brings Michigan law on this issue back into effect, the rights tied to these marriages are suspended until the stay is lifted or Judge Friedman’s decision is upheld on appeal,” Snyder said.

Same-sex couples obtained marriage licenses over the weekend in Ingham, Washtenaw, Muskegon and Oakland counties after a district court ruled the state’s ban on same-sex marriage was unconstitutional. Snyder and Michigan Attorney Bill Schuette appealed the ruling to Sixth Circuit and asked judges to halt the weddings with a stay, which was granted Tuesday.

A spokesperson for the American Civil Liberties Union of Michigan, which reportedly had threatened to sue if the Michigan doesn’t recognize the same-sex marriages, said Wednesday the organization is looking at options.

“As a matter of law and fundamental fairness, the state is obligated to extend all the rights and responsibilities that flow from marriage to the more than 300 couples married this weekend,” Rana Elmir said. “Doing anything less violates our laws, treats legally married gay and lesbian couples like second-class citizens, and adds to the confusion and instability these loving families have had to endure. We will continue to explore legal options on behalf of these couples and encourage those who have been denied the benefits of marriage to contact us.”

But Elmir said her organization is pleased that Snyder said the unions are legally valid because that “opens the door” for federal recognition of the marriages. She said the Obama adminstration should “absolutely” recognize the unions because “there is no doubt that these marriages are valid.”

The question still lingers over whether the federal government will recognize the same-sex marriages performed in Michigan. In Utah, when a district court ruling enabled 1,300 same-sex couples to wed before a stay was instituted by the U.S. Supreme Court, Gov. Gary Herbert said his state won’t recognize the unions, but U.S. Attorney General Eric Attorney said they’re valid in the eyes of the Obama administration.

Allison Price, a Justice Department spokesperson, said her earlier comment that the Obama administration is “closely monitoring the situation” still stands as of Wednesday afternoon.

Speaking with reporters on Wednesday, Snyder refused to articulate his position on same-sex marriage, saying he’s focused on jobs and the economy.

“I’m not going to go back and rehash a sentence in one debate from four years ago,” Snyder said. “I’ve been focused on jobs, it’s my main message, and I’m staying consistent with that.”

According to Crain’s Detroit Business, Snyder told reporters on Wednesday that his office had to make legal decision on whether the marriages were valid on his own because Schuette didn’t respond to a request to meet.

“We did our own research,” Snyder was quoted as saying. “We believe this is the appropriate position to take.”

Joy Yearout, a Schuette spokesperson, responded to the report to the Washington Blade by saying the governor and the attorney general often speak, but those discussions are kept under wraps.

“The Department of Attorney General and the Governor’s office talk all the time,” Yearout said. “Those conversations are confidential. The Governor’s written statement speaks for itself, and as the Attorney General has said all along, these issues will ultimately be sorted out by the courts, just as they have in other states. The sooner these questions are answered, the better.”

Yearout didn’t respond to a follow-up question on whether she denies Snyder’s comments that Schuette never followed up on a request to meet about the same-sex marriages.

Snyder makes his announcement as his pursues re-election in a 2014 gubernatorial election where Democrat Mark Schauer will be his likely challenger in the general election.

Rep. Dan Kildee (D-Mich.) was among the Democrats criticizing Snyder for his decision not to recognize the unions in the aftermath of the announcement.

“Today Governor Rick Snyder double downed on ambivalence,” Kildee said. “As a leader, you either support equality for all loving couples or you don’t. It’s that simple. This is not a complicated question. Governor, do you support equality for all Michiganders? Or is that not on your agenda?”

Emily Dievendorf, executive director of the statewide LGBT group, Equality Michigan, also took aims at Snyder, saying she finds his actions “despicable.”

“Equality Michigan finds it despicable that a Governor claiming to stand for families, children, and the economy would side with his out-of-touch Attorney General and continue this wasteful crusade to harm Michigan families,” Dievendorf said. “The DeBoer-Rowse family and their legal team will continue to defend our families in court, and the efforts by people like East Lansing Mayor Nathan Triplett and Ingham County Clerk Barb Byrum to get the government to recognize these marriages will not be forgotten. Equality Michigan calls on the Governor to end the second-class treatment of LGBT families in Michigan and the executive branch’s attack on marriage equality.”

CORRECTION: An initial version of this article misspelled Rep. Dan Kildee’s name and said he was criticizing Mark Schauer. The Blade regrets the error.

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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Senegal

Senegalese lawmakers approve bill to further criminalize homosexuality

A dozen men arrested in February for ‘unnatural acts’

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(Image by xileodesigns/Bigstock)

Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.

The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.

The bill passed with near unanimous support. Only three of 135 MPs abstained.

President Bassirou Diomaye Faye is expected to sign the measure.

The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.

Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”

Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”

“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.

Türk also urged Faye not to sign the bill.

“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk. 

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Malaysia

Malaysia blocks access to Grindr, other gay dating websites

Restrictions part of continued anti-LGBTQ crackdown

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(Image by Flogel/Bigstock)

Malaysia has blocked access to Grindr, Blued, and other gay dating websites, and is now considering further steps to restrict their mobile application. 

Communications Minister Fahmi Fadzil on Feb. 25 said the government is pursuing legal measures to curb the availability of LGBTQ dating apps on Google’s Play Store and Apple’s App Store.

Fadzil, in a written parliamentary reply, said the Malaysian Communications and Multimedia Commission has not received any requests to remove the mobile versions of Grindr and Blued from app stores, noting the challenges of regulating platforms owned by foreign companies.

“Control over applications on platforms such as Google Play and Apple Store is subject to regulations and policies set by the said platform providers, since both applications are owned by foreign companies operating outside of Malaysia,” Fadzil said. “This includes those that spread lewd or immoral content, exploitation, abuse, scams, exploiting children or threats towards public safety.”

Fadzil was responding to a question about whether the Malaysian Communications and Multimedia Commission had worked with app store providers to block downloads of such apps.

The Washington Blade reached out to Google and Apple multiple times for comment but did not receive a response.

Malaysia has stepped up digital restrictions targeting the LGBTQ community as part of a broader crackdown on what authorities describe as “deviant” or immoral content. Consensual same-sex sexual relations remain criminalized in the country under both civil and Sharia law.

Malaysia has proposed a Cyber Crime Bill that would expand the government’s legal powers to address the misuse of digital platforms, including the promotion of same-sex dating applications, Deputy Prime Minister Ahmad Zahid Hamidi said. The bill would replace the Computer Crimes Act of 1997.

“We are disappointed in the decision to block access to Grindr in Malaysia and believe that online platform regulation should be proportionate and consistent with international human rights law,” a Grindr spokesperson told the Blade in an email. 

“At Grindr, our mission is to help make a world where the lives of our global community are free, equal, and just,” added the spokesperson. “For many of our users, Grindr is often the primary way for them to connect, express themselves, and discover the world around them. In addition to serving as an important source of information, Grindr is committed to advancing the health and well-being of the community around the world and through our social impact initiative, Grindr for Equality, we partner with hundreds of advocates, community-based organizations, and public health agencies to support the global LGBTQ+ community.”

Grindr, based in California, is popular around the world. Blued, a China-based app that BlueCity operates, is one of the world’s largest social networking and dating platforms for gay men.

Blued did not respond to the Blade’s request for comment.

Online platforms ‘critical for LGBTQ people’

Malaysian authorities in May 2023 raided Swatch stores at shopping malls across the country and confiscated more than 160 rainbow-colored watches from the company’s Pride collection, saying the designs carried “LGBT connotations.” The raids, which the Home Affairs Ministry carried out, were widely criticized by advocacy groups.

Police last June opened an investigation into a closed-door LGBTQ sexual health workshop. 

Selangor police chief Hussein Omar Khan said authorities were examining the event under the Penal Code for allegedly causing “disharmony or ill will” on religious grounds, as well as under the Communications and Multimedia Act, a law frequently used to police online speech. Critics said the investigation reflected growing government overreach and warned against the criminalization of public health initiatives aimed at marginalized communities. Activists cited this case as another example of Prime Minister Anwar Ibrahim’s crackdown on LGBTQ rights.

The Home Affairs Ministry in November 2020 banned the book “Gay Is OK! A Christian Perspective,” written by Pastor Oyoung and published by Gerakbudaya in 2013, saying it was likely to be “prejudicial to public order, morality and the public interest.” The Kuala Lumpur High Court later overturned the ban and ordered the respondents — then-Home Affairs Minister Hamzah Zainudin and the Malaysian government — to pay costs of 5,000 Malaysian ringgit ($1,276.81.)

A 2014 Human Rights Watch report documented widespread discrimination and abuse against transgender women in the country. 

The report found that trans people face arrests under laws that effectively criminalize “cross-dressing,” along with harassment and abuse by police and religious authorities. It also described systemic discrimination in employment, health care, and education, leaving many trans women marginalized and vulnerable to violence and exploitation.

Thilaga Sulathireh, a founding member of Justice for Sisters, a Malaysian trans rights group, said restrictions on LGBTQ people’s freedom of expression through censorship have been an ongoing trend in Malaysia over the past decade. 

Sulathireh said there have been increasing calls to curb what critics describe as “LGBT normalization” in films, books, and social media, which activists link to what they say is a harmful and inaccurate perception that LGBTQ people are immoral. Sulathireh added Grindr had been blocked in Malaysia for several years and that, as of last weekend, the app was no longer available on Google Play and the Apple App Store. Sulathireh said Justice for Sisters views the move as a serious violation of LGBTQ people’s rights to nondiscrimination, dignity, privacy, and freedom of expression.

“The blocking of LGBTQ related apps is part of the on-going and increasing trend of state sponsored discrimination against LGBTQ people in Malaysia,” Sulathireh told the Blade in an email. “In late February, the deputy minister in the prime minister’s (Religious Affairs) Department announced that the government is opting to replace references to LGBT persons with the term “budaya songsang” (deviant culture) and encouraged others to do the same to avoid LGBT normalization in all spaces, including social media. At the same time, called on members of the public to immediately report ‘suspicious activities, events or content.’”

Sulathireh told the Blade a deputy minister recently outlined a range of government-led initiatives targeting LGBTQ people in Malaysia. 

According to Sulathireh, these include so-called “spiritual guidance camps.” Sulathireh said some participants, including those who identify as “ex-LGBT” or part of the “hijrah” community, have been encouraged to act as peer educators to reach other LGBTQ people. 

Additional initiatives the deputy minister listed include academic Islamic conferences, state-level sermons coordinated by the state Islamic councils, and mosque-level programs. Sulathireh told the Blade the government presented a paper to the Council of Rulers outlining what officials described as the negative implications of legal gender recognition. Sulathireh said authorities have also established a multiagency committee to address issues involving Muslim LGBTQ people, promoted what they call “psychospiritual therapy,” and worked with police and the Communications and Multimedia Commission to monitor the promotion of LGBTQ-related activities online.

“The blocking of these apps and websites severely impacts all areas of LGBTQ people’s lives,” said Sulathireh. “These platforms have proven critical for LGBTQ people to find support, communities, access life-saving resources, information and services, love and intimacy. I think being able to find love, intimacy and connections is critical for LGBTQ’s self-acceptance, self-worth, health, and well-being.” 

“The blocking makes it even more challenging for people to connect safely online and offline,” added Sulathireh. “People will become more isolated and all of these have a severe impact on LGBTQ’s mental health and well-being, which is already poor.”

Sulathireh said Justice for Sisters research and observations indicate many LGBTQ people in Malaysia already experience social media and digital spaces as hostile environments. As a result, many limit their use of these platforms and adopt higher levels of self-censorship. Sulathireh added the recent bans targeting LGBTQ visibility on digital platforms are also unfolding alongside a broader policy push to restrict social media access for children under 16.

“The state sponsored LGBTQ discrimination over the years has resulted in increasing discrimination by non-state actors and anti-rights groups with impunity,” Sulathireh said. “This ban will further entrench the culture of impunity against LGBTQ people.”

Nalini Elumalai, senior Malaysia program officer at ARTICLE 19, an international freedom of expression organization, said the blocking of dating apps is not occurring in isolation but is happening under the guise of public morality, digital censorship, and the enforcement of laws that undermine the rights of LGBTQ individuals in Malaysia. 

Elumalai noted that Deputy Religious Affairs Minister Marhamah Rosli recently urged the public to refrain from using the term “LGBT” and instead describe it as “deviant culture” in an effort to combat normalization and reduce LGBTQ-related content on social media. Elumalai said blocking Grindr and Blued represents an ongoing attack on the LGBTQ community, particularly their rights to freedom of expression, access to information, and to be treated equally before the law without discrimination — protections guaranteed under Articles 8 and 10 of Malaysia’s Federal Constitution. 

“The blocking of LGBTQI+ dating platforms appears to reflect a broader pattern in Malaysia where LGBTQI+-related expression and activities face heightened scrutiny and repression, particularly when they become visible online,” said Elumalai in a statement to the Blade.

Elumalai noted JEJAKA, a community-based organization had to cancel their “Glamping with Pride” event that was to have taken place on Jan. 17-18 because of safety concerns after it received death threats on social media.

“Ongoing repression of LGBTQI+ expression will further entrench systemic discrimination against marginalized groups, normalise inequality, and perpetuate division and hostility among the people in Malaysia,” said Elumalai. “Further, when one group is punished or prevented from expressing themselves freely online, others, including various online platforms, may also self-censor out of fear that they too could face scrutiny or penalties, even for legitimate expressions.”

The Malaysian Communications and Multimedia Commission has not responded to the Blade’s request for comment.

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