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Japan’s top court rules restroom restrictions for trans illegal

The ruling is significant as it’s the first time Japan’s high court has ruled on a case regarding LGBTQ employees in the workplace

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In an unanimous decision Tuesday, Japan’s highest court ruled that workplace bathroom restrictions on a transgender female government worker was illegal reversing a lower court’s decision.

The landmark Supreme Court ruling was in the case of a trans female worker at Japan’s Ministry of Economy, Trade and Industry. In court documents, the plaintiff in her fifties who works at the economy ministry sued the government filed a suit in 2015 after she was banned by her government office from using female bathrooms on the floor in the ministry where her office was located and instead was directed to use bathrooms two floors above or below her office floor.

According to court filings by her attorney Toshimasa Yamashita, the ministry had adopted the policy “in the belief that there was a smaller chance her female colleagues would feel uncomfortable if she used a bathroom that her immediate co-workers would not be using.”

Japan’s Public Broadcasting outlet NHK reported that the Supreme Court’s presiding judge Yukihiko Imasaki said that the National Personnel Authority’s decision to uphold the ministry’s policy of restricting the plaintiff’s bathroom usage gave “excessive consideration” to her co-workers and as a result “unfairly neglected the plaintiff’s disadvantage.”

“(The government decision) significantly lacks validity,” Imasaki said. “Therefore, it is illegal, since it is beyond their discretion and is an abuse of their power.”

The ruling is significant as it’s the first time Japan’s high court has ruled on a case regarding LGBTQ employees in the workplace which according to the plaintiff’s attorney will have wide-ranging impact across Japanese society affecting how companies and government ministries handle similar cases regarding transgender employees in the future.

The plaintiff herself told reporters: “This is a Supreme Court ruling for people who are transgender or experience gender dysphoria, but the judges’ opinions could also apply in other human rights issues where discrimination still happens.”

The Associated Press noted: “The decision comes at a time of increased awareness and support for the rights of LGBTQ+ people. Activists have increased their efforts to achieve an anti-discrimination law since a former aide to Prime Minister Fumio Kishida said in February that he wouldn’t want to live next to LGBTQ+ people and that citizens would flee Japan if same-sex marriage were allowed.”

In a news conference after the ruling was issued, Chief Cabinet Secretary Hirokazu Matsuno told reporters the government will consider what to do, given that its argument has been rejected.

“We will do our best to create a society where diversity and human rights are respected, and people of all identities, including members of sexual minorities and the majority, can enjoy full lives,” Matsuno said.

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Brazil

Transgender woman elected to Brazilian Chamber of Deputies

Thabatta Pimenta is first trans person from northeast Brazil elected to Congress

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Thabatta Pimenta will represent Rio Grande do Norte state in the Brazilian Chamber of Deputi

SÃO PAULO — Voters in Brazil’s Rio Grande do Norte state on Sunday elected a transgender woman to the country’s Chamber of Deputies.

Natal Municipal Councilwoman Thabatta Pimenta, who is a member of the Green Party, won with 92,743 votes. She is the first trans woman from northeast Brazil elected to the country’s Congress.

Pimenta became emotional when she was speaking to her supporters after she won. Her brother Ryan, who has cerebral palsy, was by her side.

“This victory belongs to the people of Rio Grande do Norte,” she said. “It is a victory built from the ground up … the people themselves rose up, and you saw the result: today they elected the first female travesti federal deputy from northeast Brazil.”

Pimenta will join Erika Hilton, a travesti member of the leftist Socialism and Liberty (PSOL) party who was a sex worker before her election to the São Paulo Municipal Council, and Duda Salabert, a trans woman and fellow PSOL member from Minas Gerais state, in the Chamber of Deputies.

Hilton on Sunday won re-election with 1,596,472 votes, the most any female member of Congress has received in Brazilian history. Dudabert also won re-election with 215,192 votes.

“Thank you Minas Gerais,” said Dudabert on social media after she won re-election.

Five openly bisexual Chamber of Deputies candidates also won their races on Sunday.

• Guilherme Cortez, a PSOL member in São Paulo state

• Dandara Tonatzin, a member of President Luiz Inácio Lula da Silva’s Workers’ Party in Minas Gerais state

• Anielle Franco, a Workers’ Party member in Rio de Janeiro state

• Maria Marighella, a Workers’ Party member in Bahia state

• Giovana Mondardo, a Brazilian Communist Party member in Santa Catalina state

Fabio Félix, a gay PSOL member of the Chamber of Deputies who represents the Federal District in which Brasília, the country’s capital, is located won re-election with 224,224 votes. Two gay men also won their Chamber of Deputies campaigns.

• Rick Azevedo, a PSOL member from Rio de Janeiro state

• Fabricio Rosa, a Workers’ Party member from Goiás state

Daiana Santos, a lesbian Brazilian Communist Party member who represents Rio Grande do Sul state in the Chamber of Deputies, won re-election with 114,315 votes.

Two lesbian women won their Chamber of Deputies campaigns.

• Rosa Amorin, a Workers’ Party member from Pernambuco state

• Bella Gonçalves, a Workers’ Party member from Minas Gerais who is a member of the Belo Horizonte Municipal Council

Samanda de Lula, a lesbian Workers’ Party member, will represent Rio Grande do Norte in the Brazilian Senate.

Rio de Janeiro Municipal Councilwoman Mônica Benício, who is a PSOL member, came up short in her bid for the Senate. Her then-partner, Rio de Janeiro Municipal Councilwoman Marielle Franco, and her driver, Anderson Gomes, were assassinated on March 14, 2018.

Fabiano Contarato, a gay senator from Espíritu Santo state who is a member of the Workers’ Party, also lost his re-election bid.

“I receive the election results with respect and serenity,” he said on social media. “The popular will is sovereign, and democracy must always be respected.”

Jean Wyllys is a gay former member of the Chamber of Deputies who previously represented Rio de Janeiro state. He resigned in 2019 and fled Brazil after he received death threats. Wyllys this year ran to represent São Paulo state in the Chamber of Deputies, but he did not win his race.

VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in the election. The group on Sunday said 35 of them won their races across the country.

Lula and Sen. Flávio Bolsonaro, whose father is former President Jair Bolsonaro, will face off in the presidential election’s second round on Oct. 25.

The Washington Blade will update this article.

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Brazil

Lula, Flávio Bolsonaro to face off in second round of Brazilian presidential election

Neither man received at least 50 percent of the vote on Sunday

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From left, Brazilian President Luiz Inácio Lula da Silva and Sen. Flávio Bolsonaro. (Photo of Lula by Celso Pupo via Bigstock; screen capture of Bolsonaro via TV Celular Flavio Bolsonaro/YouTube)

SÃO PAULO — President Luiz Inácio Lula da Silva will face off against Sen. Flávio Bolsonaro in the second round of Brazil’s presidential election on Oct. 25 after neither man received more than 50 percent of the vote in the first round that took place on Sunday.

Bolsonaro was ahead of Lula by a 47.03-45.16 percent margin with 100 percent of the vote counted.

Lula in 2022 defeated Bolsonaro’s father, then-President Jair Bolsonaro, in that year’s presidential election.

The Brazilian Supreme Court last year sentenced Bolsonaro — who repeatedly targeted LGBTQ Brazilians and other groups while in office — to more than 27 years in prison for his role in an attempted coup that saw thousands of his supporters storm the Congress, presidential palace, and the Supreme Court itself on Jan. 8, 2023. Bolsonaro is currently serving his sentence at his home in Brasília, the country’s capital, because of his poor health. His son has pledged to pardon him if he becomes the country’s next president.

Lula, who leads Brazil’s leftist Workers’ Party, was Brazil’s president from 2003-2010.

Sergio Moro, a judge who Jair Bolsonaro later tapped as his government’s Justice and Public Security Minister, in 2017 sentenced Lula to 9 1/2 years in prison after his conviction on money laundering and corruption charges that stemmed from Operation Car Wash. 

The Supreme Court in November 2019 ordered Lula’s release.

A Brazilian Workers’ Party supporter campaigns outside a Metro station in Rio de Janeiro’s Ipanema neighborhood on Oct. 3, 2026. President Luiz Inácio Lula da Silva heads the party. (Washington Blade photo by Michael K. Lavers)

VoteLGBT, an organization that seeks to increase LGBTQ representation in Brazilian politics, noted 529 openly LGBTQ candidates ran in this year’s election. More than 100 of them are either transgender or travesti.

The Washington Blade will cover the results of these races when they become available.

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Turkey

House Democrats urge White House to confront Turkish government over anti-LGBTQ crackdown

More than 60 lawmakers signed letter to Secretary of State Marco Rubio

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(Photo by Lora Sutyagina/Bigstock)

More than 60 House Democrats on Thursday called upon the Trump-Vance administration to confront the Turkish government over its anti-LGBTQ crackdown.

Turkish authorities last month detained dozens of people during raids that targeted the country’s LGBTQ community, advocacy groups, and HIV/AIDS service organizations. Journalists were among those taken into custody outside an Istanbul courthouse on Sept. 15 during a protest against the raids that are part of the government’s “My Family Is Safe” campaign.

Council for Global Equality is among the groups that organized a protest outside the Turkish Embassy in D.C. on Sept. 18.

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U.N. High Commissioner for Human Rights Volker Türk on Sept. 21 during a U.N. LGBTI Core Group event that took place on the sidelines of the U.N. General Assembly specifically referenced Turkey.

The Core Group is a group of U.N. member states that have pledged to support LGBTQ and intersex rights.

The U.S. withdrew from the Core Group after the Trump-Vance administration took office. The White House has not publicly commented on Turkey’s anti-LGBTQ crackdown.

“These developments warrant an urgent diplomatic response from the United States to protect the rights of freedom of expression, association, and assembly for all Turkish citizens, regardless of their sexual orientation or gender identity,” reads the letter the lawmakers sent to Secretary of State Marco Rubio. “We therefore urge you to use all available channels to raise these concerns directly with the Turkish government; press for the immediate release of those arrested and detained for their legitimate human rights activities; and ensure that the U.S. Embassy in Ankara closely monitors related judicial proceedings.”

“We further urge the Department to press Turkish authorities to cease efforts to criminalize LGBTQI+ organizations and advocacy and to affirm the right of all people to peacefully assemble,” it adds.

Arizona Congresswoman Yassamin Ansari and U.S. Rep. Dina Titus (D-Nev.) spearheaded the letter. House Speaker Emerita Nancy Pelosi (D-Calif.); House Foreign Affairs Ranking Member Gregory Meeks (D-N.Y.); Del. Eleanor Holmes Norton (D-D.C.); Delaware Congresswoman Sarah McBride, and U.S. Rep. Mark Takano (D-Calif.), who chairs the Congressional Equality Caucus, are among the 65 House Democrats who signed the letter.

“The United States must be a leader in defending human rights and what is happening in Turkey demands an urgent diplomatic response. It’s absolutely appalling to see LGBTQI+ people and the organizations that stand up for their rights be targeted by the (President Recep Tayyip) Erdogan regime,” said Ansari in a press release. “I stand proudly with the LGBTQI+ community here and abroad and will continue to fight for their right to live openly, freely, and without fear, anywhere and everywhere.”

The press release notes the Human Rights Campaign, the Council for Global Equality, and the Planned Parenthood Federation of America support the letter.

“Turkey’s attacks on its LGBTQI+ community are a disturbing reminder that the fight for equality and human rights does not stop at our borders. No one should be silenced or detained for simply being who they are or peacefully demanding dignity and freedom,” said HRC Government Affairs Senior Director Jennifer Pike Bailey. “We are grateful to Representatives Ansari and Titus for recognizing that the fight for LGBTQI+ equality is global and that, even amid the many challenges facing our community here at home, we cannot turn our backs on LGBTQI+ people facing persecution abroad.”

A State Department spokesperson on Friday told the Washington Blade that “as a matter of policy, we do not comment on congressional correspondence.”

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