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Tongan lawyers have called for removal of country’s gay chief justice

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(Los Angeles Blade graphic)

TONGA

A group of lawyers in the South Pacific nation of Tonga has called for the removal of newly appointed Chief Justice Malcolm Bishop because he is openly gay.

Bishop, a 71-year-old native of Wales, was appointed to the role last month. It is relatively common in small island nations for judges to be appointed from other Commonwealth countries, due to the scarcity of qualified jurists. 

Bishop has more than five decades of legal experience and has lived as an openly gay man through much of his career.

But a group of Tongan lawyers say Bishop should not serve on the bench because “his lifestyle conflicts with the law of Tonga,” and they’ve petitioned King Tupou VI to remove him. The group cites Tonga’s Criminal Offenses Act, which criminalizes sodomy with a penalty of up to 10 years in prison. 

But that opposition is not universal. The Tongan Law Society has dissociated itself from the petition.

Henry Aho, a lawyer and former president of Tonga’s Leitis Association, the country’s largest LGBTQ advocacy group, suggests a darker purpose behind the petition.

He says the group is trying “to bring to the fore that this law exists and that it ought to be used to prosecute consenting adults also.”

Neither Bishop nor King Tupou VI have responded publicly to the petition.

The sodomy law has never been enforced in Tonga, but the country’s largely Christian culture remains deeply conservative and opposed to LGBTQ rights. Efforts to lobby the government to repeal the sodomy law — a relic of the British colonial administration – have fallen on deaf ears, even as other South Pacific nations like Palau, Nauru, Fiji, and the Cook Islands have decriminalized sodomy in recent years.

The government has opposed LGBTQ rights so strongly that it is one of only five countries that has not signed or ratified the Convention on the Elimination of Discrimination Against Women, out of fear that it could lead to decriminalization of homosexuality and same-sex marriage. The other states are Iran, Sudan, Somalia, and the Vatican. The U.S. and Palau have signed but not ratified the convention. 

AUSTRALIA

Australia’s Labor government has spun itself in circles on LGBTQ issues in recent weeks, with its latest broken promise to the country’s LGBTQ community being new hate crime legislation that does not criminalize hate speech that vilifies minority groups.

The updated legislation strengthens some of the nation’s laws against urging hate-motivated violence and by adding specific provisions for hatred motivated by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.

The government also introduced a separate bill that would criminalize “doxing,” which is the release of a person’s personal information with the intent to threaten, harm, or intimidate them. The law encompasses the release of a person’s private information about their sexual orientation or gender identity. Violators could get up to seven years in prison if their target is a member of a protected class.

But Labor had promised to criminalize the vilification of LGBTQ people, and that’s missing from the introduced legislation.

Attorney General Mark Dreyfus says the two laws “respond to the increasing prevalence of hate speech and hateful conduct in our society.”

Vilification laws already exist in several Australian states, but a national law would protect queer Australians in the states that don’t have them — Western Australia, South Australia, Victoria, and the Northern Territory.

This is the latest policy flip on LGBTQ issues from the Labor government of Prime Minister Anthony Albanese.

Last month, the government caused controversy when it announced that it would not count LGBTQ people in the 2026 national Census, contrary to their election manifesto. The government eventually reversed its announcement, first saying it would ask a question about sexual orientation, then saying it would also add a question about gender identity.

Albanese’s government also came under fire earlier this year for walking back a promise to close an exception to discrimination law that allows religious schools to discriminate against LGBTQ students and teachers.

In a positive development, the government of South Australia state announced it would introduce a law to ban conversion therapy this week, modeled after legislation passed in several other states. After it passes, only Western Australia, Tasmania, and Northern Territory would lack laws against conversion therapy.

Western Australia’s government had announced plans to ban conversion therapy in 2022, but this week announced that they will not have time to pass a bill to ban it until after state elections next year.

JAPAN

Pressure is increasing on Japan’s government to recognize same-sex couples, as four more prefectures began same-sex partnership registries this month.

Fukushima, Yamaguchi, Niigata, and Shima, with a combined population of about 7 million people, bring the total number of prefectures issuing partnership certificates to same-sex couples to 30 out of Japan’s 46 prefectures. They’re home to more than 66 percent of Japan’s population of 125 million.

Partnership certificates help same-sex couples access local services, but otherwise hold no legal status and confer no rights or obligations on the parties. That’s made it difficult for same-sex couples to access national services or uphold their rights regarding inheritance, parenting, and taxation.

Even though polls suggest a majority of Japanese people support equal rights for same-sex couples, the deeply traditional national government has continued to oppose expanding marriage rights.

A series of court cases filed across the country have sought to have the ban on same-sex marriage declared unconstitutional. But while five out of six district courts that have heard the cases found the ban unconstitutional, they have all refused to allow same-sex marriage outright. 

Appeals to those cases are ongoing, with one appeal to be heard in the Tokyo High Court on Sept 26, a ruling in a separate Tokyo case expected to be handed down Oct. 30, a ruling from the Nagoya High Court expected on Nov. 5, and a ruling from the Fukuoka High Court expected on Dec. 13.

It’s likely the issue will ultimately be decided by Japan’s Supreme Court.

Japan is in the midst of selecting a new prime minister, after incumbent Fumio Kishida announced he was resigning as leader of the governing Liberal Democratic Party last month. None of the leading candidates for leadership has endorsed same-sex marriage except for Taro Kono, who is currently polling far behind other candidates. The leadership election is scheduled for Sept. 27. 

FINLAND

A citizen’s initiative to ban so-called conversion therapy in Finland appears to have the support of a clear majority of lawmakers but is still unlikely to pass into law due to opposition from two conservative parties that are part of the ruling coalition.

Last week, the chair of parliament’s Legal Affairs Committee, Juho Eerola, announced he was indefinitely suspending consideration of the initiative due to purported leaks to the media on the issue. Eerola comes from the far-right Finns Party, which opposes the initiative and LGBTQ rights generally.

The Finns are joined by the Christian Democrats in opposing the conversion therapy initiative. Leaders of both parties put out a statement saying the initiative would not pass during the life of the current parliament, which is expected to last until 2027.

The two parties are in a four-party coalition with the National Coalition Party and the Swedish People’s Party. While both of the latter parties support the conversion therapy ban, the coalition agreement does not mention it.

The left-leaning opposition Social Democrats, Left Alliance, and Green League all support banning conversion therapy as well. Together, those five parties have 125 votes out of 200 members of parliament — and several members of the Center Party are also supportive.

Under Finnish law, a citizen’s initiative must be considered by parliament if it gathers more than 50,000 signatures. Groups supporting a ban submitted 52,000 signatures in November 2023.

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Colombia

Gay Venezuelan man who fled to Colombia uncertain about homeland’s future

Heberth Aguirre left Maracaibo in 2018

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Heberth Aguirre is a gay man and activist from the Venezuelan city of Maracaibo who has lived in Colombia since 2018. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — A gay Venezuelan man who has lived in Colombia since 2018 says he feels uncertain about his homeland’s future after the U.S. seized now former Venezuelan President Nicolás Maduro.

“On one hand I can feel happy, but on the other hand I feel very concerned,” Heberth Aguirre told the Washington Blade on Tuesday during an interview at a shopping mall in Bogotá, the Colombian capital.

Aguirre, 35, is from Maracaibo, Venezuela’s second-largest city that is the heart of the country’s oil industry.

He developed cultural and art initiatives for the Zulia State government.

“Little by little, I suddenly became involved in politics because, in a way, you had to be involved,” recalled Aguirre. “It was necessary to be involved because the regime often said so.”

“I basically felt like I was working for the citizens, but with this deeply ingrained rule we had to be on their side, on the side of the Maduro and (former President Hugo) Chávez regime,” he added.

Maduro in 2013 became Venezuela’s president after Chávez died.

“There are things I don’t support about the regime,” Aguirre told the Blade. “There are other things that were nice in theory, but it turned out that they didn’t work when we put them into practice.”

Aguirre noted the Maduro government implemented “a lot of laws.” He also said he and other LGBTQ Venezuelans didn’t “have any kind of guarantee for our lives in general.”

“That also exposed you in a way,” said Aguirre. “You felt somewhat protected by working with them (the government), but it wasn’t entirely true.”

Aguirre, 35, studied graphic design at the University of Zulia in Maracaibo. He said he eventually withdrew after soldiers, members of Venezuela’s Bolivarian National Guard, and police officers opened fire on students.

“That happened many times, to the point where I said I couldn’t keep risking my life,” Aguirre told the Blade. “It hurt me to see what was happening, and it hurt me to have lost my place at the university.”

Venezuela’s economic crisis and increased insecurity prompted Aguirre to leave the country in 2018. He entered Colombia at the Simón Bolívar Bridge near the city of Cúcuta in the country’s Norte de Santander Province.

“If you thought differently, they (the Venezuelan government) would come after you or make you disappear, and nobody would do anything about it,” said Aguirre in response to the Blade’s question about why he left Venezuela.

The Simón Bolívar Bridge on the Colombia-Venezuela border on May 14, 2019. (Washington Blade video by Michael K. Lavers)

Aguirre spoke with the Blade three days after American forces seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

The Venezuelan National Assembly on Sunday swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president. Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

President Donald Trump on Tuesday in a Truth Social post said Venezuela’s interim authorities “will be turning over between 30 and 50 million barrels of high quality, sanctioned oil, to the United States of America.”

“This oil will be sold at its market price, and that money will be controlled by me, as president of the United States of America, to ensure it is used to benefit the people of Venezuela and the United States,” wrote Trump.

Trump on Sunday suggested the U.S. will target Colombian President Gustavo, a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s.

Petro has urged Colombians to take to the streets on Wednesday and “defend national sovereignty.” Claudia López, a former senator who would become the country’s first female and first lesbian president if she wins Colombia’s presidential election that will take place later this year, is among those who criticized Trump’s comments.

“Let’s be clear: Trump doesn’t care about the humanitarian aspect,” said Aguirre when the Blade asked him about Trump. “We can’t portray him as Venezuela’s savior.”

Meanwhile, Aguirre said his relatives in Maracaibo remain afraid of what will happen in the wake of Maduro’s ouster.

“My family is honestly keeping quiet,” he said. “They don’t post anything online. They don’t go out to participate in marches or celebrations.”

“Imagine them being at the epicenter, in the eye of the hurricane,” added Aguirre. “They are right in the middle of all the problems, so it’s perfectly understandable that they don’t want to say anything.”

‘I never in my life thought I would have to emigrate’

Aguirre has built a new life in Bogotá.

He founded Mesa Distrital LGBTIQ+ de Jóvenes y Estudiantes, a group that works with migrants from Venezuela and other countries and internally placed Colombians, during the COVID-19 pandemic. Aguirre told the Blade he launched the group “with the need to contribute to the general population, not just in Colombia.”

Aguirre met his husband, an American from California, at a Bogotá church in December 2020 during a Christmas event that SDA Kinship Colombia, an LGBTQ group, organized. A Utah judge virtually officiated their wedding on July 12, 2024.

“I love Colombia, I love Bogotá,” said Aguirre. “I love everything I’ve experienced because I feel it has helped me grow.”

He once again stressed he does not know what a post-Maduro Venezuela will look like.

“As a Venezuelan, I experienced the wonders of that country,” said Aguirre. “I never in my life thought I would have to emigrate.”

The Colombian government’s Permiso por Protección Temporal program allows Aguirre and other Venezuelans who have sought refuge in Colombia to live in the country for up to 10 years. Aguirre reiterated his love for Colombia, but he told the Blade that he would like to return to Venezuela and help rebuild the country.

“I wish this would be over in five years, that we could return to our country, that we could go back and even return with more skills acquired abroad,” Aguirre told the Blade. “Many of us received training. Many of us studied a lot. We connected with organizations that formed networks, which enriched us as individuals and as professionals.”

“Returning would be wonderful,” he added. “What we’ve built abroad will almost certainly serve to enrich the country.”

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Colombia

Claudia López criticizes Trump over threats against Colombian president

Presidential candidate would become country’s first lesbian head of government

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Former Bogotá Mayor Claudia López speaks at the LGBTQ+ Victory Institute's International LGBTQ Leaders Conference in D.C. on Dec. 7, 2024. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — Colombian presidential candidate Claudia López has criticized President Donald Trump after he suggested the U.S. will target Colombian President Gustavo Petro.

“Colombia is very sick, too, run by a sick man, who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump told reporters on Air Force One on Sunday.

Trump made the comments a day after American forces carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

Petro is a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. He has urged Colombians to take to the streets and “defend national sovereignty.”

“Colombians are the ones who decide who governs Colombia,” said López on her X account. “President Gustavo Petro won free elections and has a constitutional mandate.”

López did not mention Trump by name in her comment.

The first-round of Colombia’s presidential election will take place on May 31. The country’s 1991 constitution prevents Petro from seeking re-election.

López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city. She took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano.

“This year we will decide at the polls what direction (the country) is heading and what leadership will advance Colombia,” said López in her X post. “Supporting soft dictatorships and attacking democracies is an absurd and unacceptable political action by the United States towards Colombia, Venezuela, and Latin America.”

López would be Colombia’s first female president if she wins the election. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.

The LGBTQ+ Victory Institute in 2024 honored López at its annual International LGBTQ Leaders Conference in D.C. The Washington Blade interviewed her during the gathering.

Editor’s note: International News Editor Michael K. Lavers will be on assignment in Colombia through Saturday.

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Colombia

Blade travels to Colombia after U.S. forces seize Maduro in Venezuela

Former Venezuelan president, wife seized on Saturday

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Washington Blade International News Editor Michael K. Lavers (Washington Blade photo by Michael Key)

Washington Blade International News Editor Michael K. Lavers will be on assignment in Colombia through Jan. 10.

Lavers arrived in Bogotá, the Colombian capital, on Monday. American forces two days earlier carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores on Monday pled not guilty to federal drug charges in New York.

Maduro in 2013 became Venezuela’s president after his predecessor, Hugo Chávez, died.

The country’s ongoing economic and political crises have prompted millions of Venezuelans to flee to neighboring Colombia and other countries throughout Latin America and around the world. The seizure of Maduro and Flores threatens to further destabilize Venezuela and the broader region.

The Washington Blade, which has reported from Colombia several times over the last decade, has interviewed several LGBTQ Venezuelan opposition leaders. The Blade has also extensively covered the plight of LGBTQ Venezuelans and Venezuelans with HIV/AIDS who have left their country because of violence, persecution, discrimination, and a lack of medications.

“LGBTQ Venezuelans in Colombia and elsewhere have a unique perspective on the events that have transpired in their homeland over the last two days, and how they continue to reverberate throughout the hemisphere,” said Lavers. “It is critically important for the Washington Blade to document the situation in the region as it continues to evolve and to show how it will impact LGBTQ communities.”

“The Blade has a long history of covering the plight of LGBTQ communities around the world and this trip reflects our commitment to the region,” said Blade Editor Kevin Naff. “This reporting will help shine a light on the challenges facing LGBTQ Venezuelans and those living with HIV and how they are coping with the unfolding events.”

Lavers last reported from Colombia in 2021. His coverage included a trip to Cúcuta, a Colombian city that is on the country’s border with Venezuela.

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