CAMBODIA

Cambodia’s first ever LGBTQ community space, Cocoon, opened in the capital of Phnom Penh last month, with an event featuring art, dance, and drag performances.

Cocoon aspires to be a safe queer space for everyone and has planned a series of events including community brunches, movie nights, speed dating, and an introduction to queer ballroom culture. The space will also host a queer artist residency program beginning next year.

“To queer Phnom Penh people who do not have a safe space, this is your Cocoon,” says Cocoon founder Ian Goh. “To queer people visiting Phnom Penh, you now have a place to love and be loved unconditionally.”

While the general human rights situation in Cambodia has faced steady criticism from international observers, there has been progress in recent years on encouraging acceptance of the country’s LGBTQ community. The government has promoted LGBTQ-inclusive schools since 2017, and the nation’s monarch has publicly supported same-sex marriage, although it remains illegal in the southeast Asian nation.

EUROPEAN UNION

The European Court of Justice delivered a pair of rulings important for LGBTQ people this week, requiring all European Union member states to recognize legal gender changes carried out in other member states, and ordering Facebook’s parent company Meta to restrict how it collects data about users’ sexual orientations.

ECJ rulings are binding on all 27 EU member states.

The gender change ruling stemmed from a case where a Romanian transgender man, Arian Mirzarafie-Ahi, obtained a legal gender change after moving to the UK, and wanted his legal gender and name recognized when he later returned to Romania in 2021. 

Romania does not have a clear or simple process for its citizens to change their legal gender and refused to recognize Mirzarafie-Ahi’s UK gender change. Mirzarafie-Ahi filed a claim in Romanian court to have his gender and name change registered, and the national courts referred the matter to the ECJ.

In a preliminary ruling issued on Oct 4, the ECJ found that Romania’s refusal to recognize Mirzarafie-Ahi’s legal gender change was a violation of his mobility rights under the EU treaty.

The court found that EU states must recognize legal gender and name changes that have occurred in another EU member state, and they must issue updated identity documents without requiring any additional legal or medical process. The court found that the fact that the UK is no longer a member of the EU is irrelevant in this case, as Mirzarafie-Ahi had begun her gender change process while the UK was still a member.

The ruling stems from the fundamental right of all EU citizens to reside in any EU member state. The court found that refusing to recognize the legal gender and name of an EU citizen imperils that right, because it could prevent a trans person from residing in a country that does not recognize their identity.

“Today’s verdict has shown us that trans people are equal citizens of the European Union. When you have rebuilt a life in another part of the European Union because you are not welcome in your own country, it is normal to ask to be treated with dignity when interacting with the authorities in your home country,” says Mirzarafe-Ahi’s legal counsel Iustina Ionescu.  

In a similar ruling six years ago, the ECJ ruled that EU members must grant residency rights to the same-sex partners of EU citizens in another case that came out of Romania. However, Romania has yet to implement the ruling and continues to refuse to issue residency permits to same-sex spouses, including to the original complainant.

The ECJ also issued another ruling on Oct 4 restricting the way Facebook’s parent company collects data on users’ sexual orientation.

Austrian privacy activist Max Schrems filed a complaint after he received personalized ads on Facebook directed at gay men. Although Schrems had commented on his sexuality publicly, he objected to Facebook using his information for targeted ads.

The court found that the EU’s General Data Protection Regulation prohibits social media organizations from collection of personal data, including about a person’s sexual orientation, from outside their platforms for use in targeted ads.

GEORGIA

The government’s sweeping anti-LGBTQ bill was signed into law this week by the speaker of parliament, after the president refused to give it her signature.

The draconian law, which has drawn criticism from the opposition and Western allies, imposes some of the strictest restrictions on LGBTQ people in Europe. The law bans recognition of any same-sex relationship, bans LGBTQ people from adopting, bans trans people from marriage, bans all legal or medical gender change, forbids public gatherings and demonstrations for LGBTQ rights, bans positive portrayals of LGBTQ people in schools and the media, and rebrands the International Day Against Homophobia, Biphobia, and Transphobia on May 17 as a holiday for the sanctity of the family.

The law mimics “LGBT propaganda” laws passed in Russia, Kyrgyzstan, Hungary, and Bulgaria, and which have been taken up by far-right parties with close ties to Russia across Europe.

It’s the latest anti-democratic and anti-human rights legislation passed by the ruling Georgian Dream Party, which has strained relations with Georgia’s Western allies. Earlier this year, the EU froze accession talks with Georgia after it passed a law curbing opposition activities.

Georgia heads to the polls on Oct. 26.

HONG KONG

Hong Kong’s top court heard the government’s final appeal of a lower court ruling ordering the city to give same-sex couples equal access to public housing last week.

In Hong Kong, families and married couples are given priority access to social housing, and current policy does not recognize same-sex couples, who are barred from living together in the subsidized apartments.

The Court of Final Appeal’s judges did not seem sympathetic to the government’s arguments on Friday, according to the South China Morning Post. After the hearing, the court reserved judgment.

The CFA ruled last year that Hong Kong must provide a legal framework for recognizing same sex couples and gave the city two years to implement it. So far, the city government has not yet proposed a way to implement the ruling.

Hong Kong is formally part of China, but governs itself semi-autonomously, with a separate court and legal system inherited from the British colonial administration that ended in 1997.

CANADA

A provincial government minister facing reelection in New Brunswick is facing calls to resign after she used the National Day for Truth and Reconciliation to compare trans-inclusive education policies to the genocide of Canada’s Indigenous People.

September 30 was established as the National Day for Truth and Reconciliation by the Canadian government in 2021. The focus of the day has largely been on the abuse First Nations children suffered in the residential school system, a nationwide network of schools, often run by churches, where First Nations children who had been taken from their families were forcibly assimilated into European Canadian culture. 

Many children suffered loss of culture and language, physical beatings, sexual abuse, starvation, denial of medical care, and thousands of children died in the care of schools, with many being buried in unmarked graves.

Conservative politicians across Canada, who have taken a sharp anti-trans turn over the past few years, used the opportunity to compare trans-inclusionary policies in education to the genocide of First Nations.

Sherry Wilson, New Brunswick’s minister for women’s equality, wrote in a lengthy, since-deleted post on Facebook that her province’s previous policies that allowed trans children to use different names or pronouns at school without parental notification or consent were comparable to the residential schools. Earlier this year, New Brunswick put in place a policy requiring parental notification and consent if a student wants to use a different name or gender.

“The government of the day actually tried to make the case that parents were harmful to their children, and that government schools needed to change their culture and lifestyle,” Wilson’s post read. “The horrible tragedy is a stain on Canadian history, but it was only allowed to happen because children enrolled in school were isolated from their parents’ oversight, input and influence … This must never be allowed to happen again in Canada! We must never put our teachers in a position where they have to hide important parts of a child’s development from their own parents!”

New Brunswick goes to the polls on Oct 21, and the incumbent Progressive Conservatives are in a tight race. Wilson has faced calls to drop out of her reelection bid, but she has remained in the race.

“That she would try to draw this dog-whistle comparison on the National Day for Truth and Reconciliation should make every New Brunswicker ashamed that she was recently a minister for this province,” the six chiefs of the Wolastoqey Nation also said in a statement.

Using residential schools as a talking point against trans-inclusive school policies and sex education generally has become a recurring talking point for Canada’s conservatives. 

Another New Brunswick PC candidate, Faytene Grasseschi, made similar statements to CBC last year.

British Columbia Conservative Party leader John Rustad compared residential schools to the province’s LGBTQ-inclusive sex ed curriculum last year. His party is running neck-and-neck with the incumbent New Democrats in BC’s provincial election on Oct 19.