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Gender transition in Switzerland simplified

New law takes effect on Jan. 1

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(Photo courtesy of the the European Union’s Rights, Equality and Citizenship TGEU Program)

New rules written into Swiss law will allow transgender and intersex citizens of Switzerland aged 16 and older to adjust their gender and legal name status on official documents by self-declaration at the civil registry office taking effect starting Jan. 1.

The changes were passed on Dec. 18, 2020, when the Swiss Parliament passed a bill for legal gender recognition procedures based on self-determination. Previously Swiss law required require a certificate from a medical professional confirming an individual’s trans identity. 

In addition, under the current law, legal gender recognition, procedures in Switzerland are still based on court proceedings that vary from court to court or even from judge to judge. The new law will not only simplify and standardize the procedure but will also be less expensive, quicker and based on self-determination.

According to Transgender Network Switzerland, costs will be reduced to an administrative fee of 75 CHF ($81.83). Under the old law, legal gender recognition could cost up to 1.000 CHF ($1091.13). 

Transgender Europe, (TGEU), a network of different organizations working to combat discrimination against trans people and support trans people rights, welcomed the adoption of the legislation last year. TGEU Executive Director Masen Davis noted: “Especially given the backlash against trans people’s human rights in 2020, we are happy to see this law pass before the end of the year. Some countries have shown major step-backs in legal gender recognition, such as Hungary or Russia. It offers our communities some hope to see the Swiss example.”

As the law takes effect, TGEU and the Transgender Network Switzerland (TGNS) expressed criticism that for those younger people and those under adult protection will require parent/guardian consent.

In a media release last December TGNS noted:

“The joy that Switzerland has achieved the current human rights standard for adult intersex and trans women and men is, however, severely clouded in the communities concerned. In contrast to today, under-16s and people under comprehensive assistance can only apply for the change in the future with the consent of the legal representative, even if they are capable of judgment. You are the only one whose personal rights are restricted in this way, although the change in the gender entry does not affect anyone other than yourself.

“Today could be a great day of joy for us: We have wanted a simple, self-determination process for years. But today we are mainly shocked by the way in which Parliament deals with intersex and trans young people. Today’s decision worsens the situation of young people massively and contradicts children’s rights. With this decision the parliament provokes – consciously – great suffering of a minority and lets conflicts in families escalate,” comments Audrey Aegerter, president of InterAction Suisse, on the approved proposal. And Alecs Recher, who heads TGNS’s legal advice, adds with a view to implementation: “We will support all young people and assisted trans and intersex people, so that they receive the correct gender entry despite this new hurdle! We call on Federal Councillor Keller-Suter and Parliament to observe the practical effects of the approval requirement and to make the necessary corrections. “

Switzerland joins Ireland, Belgium, Portugal and Norway as one of the few countries on the continent that allow a person to legally change gender without hormone therapy, medical diagnosis or further evaluation or bureaucratic steps, Reuters reported.

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”

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

“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.” 

“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ‘a decisive step’ against discrimination

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(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex “sodomy” faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated “constitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to work” in the Dominican Republic.

“For decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,” said Cristian González Cabrera, a senior Human Rights Watch researcher. “This ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.”

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

“This decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,” said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James “Wally” Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in São Paulo State, won for Best Portuguese Language Song for her song “Veludo Marrom,” Best Portuguese-Language Urban Performance for her song “Caju” from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for “Caju.”

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

“I’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,” said Liniker as she accepted her first Latin Grammy on Nov. 13. “And being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

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