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Lawmakers seek fed’l recognition for Michigan same-sex marriages

Delegation calls on DOJ to clarify whether administration will recognize unions

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Carl Levin, Democratic Party, Senate, Michigan, gay news, Washington Blade

Carl Levin, Democratic Party, Senate, Michigan, gay news, Washington Blade

Sen. Carl Levin (D-Mich.) is among the lawmakers calling for federal recognition of Michigan same-sex marriages (Washington Blade photo by Michael Key).

Members of Michigan’s delegation to Congress are calling on the Obama administration to recognize the more than 300 same-sex marriages that took place in the state for the purposes of federal benefits.

In a letter dated March 27, six lawmakers — led by Rep. Dan Kildee (D-Mich.) — called on U.S. Attorney General Eric Holder to recognize the marriages in the wake of a federal district court decision striking down the state’s ban on same-sex marriage.

“The Court’s decision was a historic step toward equal protection for all American families, regardless of sexual orientation,” the lawmakers write. “By clarifying the federal status of these now married same-sex couples in Michigan—as you did in January for similarly situated same-sex couples in Utah—you can take another step toward full equality.”

Lawmakers seek federal recognition of the same-sex marriages performed on Saturday in Michigan prior to an indefinite stay placed on the weddings by the U.S. Sixth Circuit of Appeals. Gov. Rick Snyder, a Republican who’s seeking re-election, said Wednesday the state recognizes the marriages as legal, but won’t afford the couples state benefits unless the stay is lifted.

But the Justice Department hasn’t yet announced a decision on whether federal benefits would flow to the couples. The department didn’t immediately respond to a request to comment on the letter from Michigan’s federal delegation. Allison Price, a Justice Department spokesperson, had said earlier this week the administration is “closely monitoring the situation.”

Six Democratic members of Michigan’s federal delegation to Congress signed the letter. In addition to Kildee, Reps. John Dingell (D-Mich.), Sander Levin (D-Mich.) and Gary Peters (D-Mich.) signed the letter as well as both U.S. senators from Michigan: Carl Levin (D-Mich.) and Debbie Stabenow (D-Mich.).

The only Democratic member of Michigan federal delegation not to sign the letter is Rep. John Conyers (D-Mich.). His absence is noteworthy because he supports marriage equality and was chief sponsor of the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act, which extended federal hate crimes protections to LGBT people. Conyers’ office didn’t immediately respond to a request to comment on why his name was absent from the letter.

None of the nine Republicans making up the 16 members of Michigan’s federal delegation to Congress signed the letter.

Mitchell Rivard, a Kildee spokesperson, deferred to the Republicans as to why their names are absent from the missive.

“The Democratic delegation, as demonstrated by today’s letter calling for federal recognition of the legal marriages performed last week, are certainly unified in standing for equality for all Michiganders,” Rivard said.

Among the couples who wed in Michigan on Saturday were Anne Callison, 37, and Kelly Callison, 34. The couple, who has a two-year-old named Corbin, married in Ann Arbor, Mich., after being been together five years.

During a conference call with reporters, Anne said recognition of her marriage is important so that Kelly has second-parent adoption rights for their son. Kelly is the egg donor for Corbin, but Anne is the birth mother.

“I would say the thing that’s the most scary is that in order for Kelly to do things like pick him up from child care…access his medical records, all of that means that I have to give permission ahead of time,” Anne said. “Kelly is a stay-at-home mom, and I am working full-time. She should be able to do those things.”

Taking issue with Snyder’s decision not to allow benefits to flow to her and her spouse, Anne said she doesn’t understand why a stay being in place halting additional same-sex marriages led to that decision.

“I’m married, I have a Michigan marriage certificate, it has a seal and witnesses,” Anne said. “I don’t know how much more legal it can get than that.”

For her part, Kelly said the lack of recognition of her marriage continues to build “stress and anxiety” for her entire family.

“We have a two-year-old son that is the center of our lives and because of Gov. Snyder not recognizing a marriage that he himself said is a legal marriage, but the state won’t recognize [it], just adds to the stress that what goes on with our daily lives,” Kelly said.

Under the current situation, Kelly said the couple carries around a notebook of documents to ensure she can make medical and other important decisions for Corbin.

In a statement, Kildee said Anne and Kelly’s union should be recognized by both the state and federal government, criticizing Snyder and Michigan Attorney General Bill Schuette for not allowing benefits to flow to the couple.

“Legally-performed marriages like Anne and Kelly’s should be fully recognized under the law, both at the state and federal level,” Kildee said. “It’s a shame to me that Gov. Snyder and Bill Schuette continue to work around the clock to deny these committed couples the same opportunity for love and happiness that they enjoy themselves.”

The situation in Michigan is along the lines of what happened in Utah after a district court ruling enabled an estimated 1,300 same-sex couples to wed in the state until the U.S. Supreme Court halted the weddings by issuing a stay pending appeal. Gov. Gary Herbert announced his state won’t recognize the weddings pending appeal, but U.S. Attorney General Eric Holder said the state would recognize for the purposes of federal benefits.

Prior to Holder’s announcement, Human Rights Campaign President Chad Griffin wrote a letter to the attorney general, saying there’s no need to think the Utah marriages are invalid.

The Human Rights Campaign issued an organizational statement late Thursday calling for the federal recognition of same-sex marriages performed in Michigan.

“The Department of Justice under Attorney General Eric Holder has been a remarkable leader in the fight for equal recognition of marriage for lesbian and gay couples,” the statement says. “Their decision to recognize marriages performed in Utah during the period when gay couples were granted licenses was legally sound and morally right. The Human Rights Campaign has encouraged the Department to apply the same principles to the Michigan marriages that happened recently and we have every reason to believe that they will continue being champions of the LGBT community.”

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Netherlands

Amsterdam Pride Canal Parade draws hundreds of thousands

Gay Dutch Prime Minister Rob Jetten among participants

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A scene from the 2026 Amsterdam Pride Canal Parade. (Washington Blade photo by Michael Key)

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in the Netherlands through Aug. 10.

AMSTERDAM — Hundreds of thousands of people lined Amsterdam’s canals on Saturday for the city’s annual Amsterdam Pride Canal Parade.

Dutch Prime Minister Rob Jetten, who is openly gay, is among those who participated in the parade that featured more than 80 boats. Participants held signs and posters that, among other things, read “proud to be intersex” and “lesbians love you and a free Palestine.”

The Washington Blade saw at least two attendees holding fans that read “fuck Trump.” One of the boats also compared President Donald Trump and Russian President Vladimir Putin as “the kissing couple.”

(Washington Blade photo by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The parade took place a week after a terrorist attack at Berlin’s Christopher Street Day left one person dead and more than two dozen others injured.

It passed the Homomonument, a memorial to gays and lesbians who have suffered persecution. The Homomonument has been transformed into a makeshift memorial to the victims of the July 25 terrorist attack in the German capital.

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The Canal Parade took place during World Pride, which will end in Amsterdam on Aug. 9.

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European Union

Poland’s top court rejects recognition of same-sex marriages from other EU countries

Ruling sets up potential clash with bloc

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(Bigstock photo)

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

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Taiwan

Taiwan’s government has failed to update process to change gender markers on ID documents

Interior Ministry’s 2008 directive remains in place

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(Photo by bRollGO/Bigstock)

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ advocacy and support organization founded in 1998, said in an email to the Washington Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

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