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SCOTUS update 4/15

Discrimination

Today, the Supreme Court released orders from last week’s private conference. The Court, according to Equality Case Files, still has taken no action in the LGBT employment cases or in the case of a baker who refused to bake a cake for a same-sex couple. They note that the Court did deny review in two cases today: they denied review for a second time in a case involving a man who was sentenced to die based on homophobic juror bias; in another case, they denied review in an anti-LGBT group’s attempt to reopen the challenge to New Jersey’s ban on LGBT conversion therapy.

We’ll report any updates.

33 Comments Leave a Comment

  • 1. VIRick  |  April 15, 2019 at 2:43 pm

    Japan: First Court Hearings in Same-Sex Marriage Cases

    On Monday, 15 April 2019, two courts in Japan, one in Tokyo and the other in Sapporo, began initial hearings in the first trials against Japan’s laws barring same-sex marriage. LGBT couples spoke about how discrimination has influenced their quality of life.

    Thirteen same-sex couples filed suit against the Japanese government on 14 February 2019, claiming that the government does not recognize same-sex marriage despite homosexuality being legal in Japan. They argue that the issues surrounding same-sex marriage contradict Article 24 of constitution, which says “marriage shall be based only on the mutual consent of both sexes.”
    
    According to the couples, they often face legal difficulties as a result of their sexuality or because they are afraid of revealing it. Without marriage, same-sex couples are unable to help their partners in their time before death nor attend the funeral.

    One of the lawyers representing the plaintiffs, Shigenori Nakagawa, believes the trial could take up to five years before any decision is made. Each plaintiff is asking 1 million yen in compensation, and an additional 5 percent more for each year it takes to complete the cases, plus payment for the cost of the trials to be covered.
    https://www.pinknews.co.uk/2019/04/15/same-sex-co

  • 2. VIRick  |  April 15, 2019 at 4:11 pm

    Chile: Senate Committee to Vote in May, Full Senate in June, on Marriage Equality Bill

    Per LGBT Marriage News:

    Harboe Compromete Aprobar en Mayo Idea de Legislar Matrimonio Igualitario

    El presidente de la Comisión de Constitución, Legislación, y Justicia del Senado, Felipe Harboe, se comprometió hoy, el 15 de abril 2019, en cita con el Movilh y la Fundación Iguales, a votar en mayo próximo la idea de legislar el matrimonio igualitario, y para que se vote en sala en junio, y así avanzar en el cumplimiento del Acuerdo (ACA) firmado por el Estado de Chile y el Movilh ante la CIDH.
    https://www.elperiodista.cl/harboe-compromete-apr

    Harboe Commits to Approving in May the Idea of Legislating for Equal Marriage

    The chairman of the Senate Committee on the Constitution, Legislation, and Justice, Felipe Harboe, pledged today, 15 April 2019, at a meeting with Movilh and Fundación Iguales, to vote this May on the idea of legislating marriage equality, so that it is voted upon in June in the full Senate, thus advancing in the fulfillment of the Agreement (ACA) signed by the State of Chile and Movilh before the CIDH.

  • 3. scream4ever  |  April 15, 2019 at 4:27 pm

    ABOUT FUCKING TIME!!!

  • 4. VIRick  |  April 15, 2019 at 4:35 pm

    Hidalgo: Congress to Vote on Marriage Equality Bill in 3 Weeks

    Per LGBT Marriage News:

    On 14 April 2019, according to the deputy Areli Miranda Ayala (PRD), the full Hidalgo congress should be voting on the marriage equality bill in about 3 weeks, now that it has advanced in committee. She further claims that the majority Morena bloc is in agreement with the proposal.
    https://www.criteriohidalgo.com/destacado/preven-

    If Areli is correct, then this up-coming vote in the Hidalgo congress will make Hidalgo state the first state still without marriage equality, but with a Morena majority following the recent elections, to actually approve a marriage equality bill.

  • 5. VIRick  |  April 15, 2019 at 4:49 pm

    Scream, is Chile slower than Switzerland, or is Switzerland slower than Chile?

    In Chile, once the bill is finally passed in the Senate, it then goes to the House for approval, after which we then have to hope that the president actually signs it into law, after which we then still have to wait an additional 6 months before said law takes effect.

    So, patience is still very much in order.

  • 6. scream4ever  |  April 15, 2019 at 8:32 pm

    I thought he said he will sign it as per the judicial settlement order.

  • 7. allan120102  |  April 15, 2019 at 9:20 pm

    More than 100 same sex marriage have occur in Tijuana alone without amparos, Mexicali instead is obstructing and not letting ss couples to marry without amparos, the other 4 municipalities of the state I am not sure as they count some marriages occurring in the last 2 years but not sure if it was by the amparo method or not. https://zetatijuana.com/2019/04/suman-en-tijuana-

  • 8. VIRick  |  April 15, 2019 at 9:56 pm

    Yes, he has, but when the time comes, he still has to do it. In Chile, I do not count upon anything happening until it actually happens. In fact, we might still find that the courts in Chile move quicker than the incredibly slow-paced legislative process.

  • 9. VIRick  |  April 15, 2019 at 10:20 pm

    Allan, excellent find, as that article answers any number of same-sex marriage questions relative to Baja California, precisely as had been anticipated.

    In the article, they are referring to "the last two years" as being from 3 November 2017 (when the new statewide administrative directive authorizing same-sex marriage was issued) until now (15 April 2019), encapsulating the number of same-sex marriages performed in Baja California without amparo, but with CEDH intervention. And within that time-frame, said marriages have occurred in 4 of the 5 municipalities of Baja California (only Mexicali continues to obfuscate), as follows:

    Tijuana: Más de 100 Matrimonios Igualitarios sin Amparo

    Por su parte, la CEDH hasta el momento ha documentado 186 conciliaciones entre parejas de la comunidad LGBTI y las autoridades en los últimos dos años, para permitir los matrimonios igualitarios en Baja California. De estos casos, 167 fueron en Tijuana, 17 en Ensenada, 1 en Tecate, y uno más en Playas de Rosarito (y 0 en Mexicali).

    Posteriormente se emitió la recomendación 16/2018 por un caso similar, pero en esta ocasión ocurrido en Mexicali. De igual forma, dos mujeres solicitaron los formatos de matrimonio en el registro civil del Ayuntamiento de la Capital del Estado y obtuvieron una negativa.
    https://zetatijuana.com/2019/04/suman-en-tijuana-

    Tijuana: More than 100 Same-Sex Marriages without Amparo

    For its part, in the last two years, the CEDH so far has documented 186 reconciliations between couples from the LGBTI community and the authorities in order to allow for equal marriages in Baja California. Of these cases, 167 were in Tijuana, 17 in Ensenada, 1 in Tecate, and one more in Playas de Rosarito (and 0 in Mexicali).

    Subsequently, recommendation 16/2018 was issued for a similar case, but this time in Mexicali. In the same way, two women requested the marriage forms from the civil registry of the City Council of the State Capital and obtained a refusal.

  • 10. VIRick  |  April 16, 2019 at 1:31 pm

    Colorado: Ex-Ambassador Seeks to Be First Out Gay Man in US Senate

    A gay foreign policy expert who worked in the Obama administration on international LGBT issues has declared his intention to run for the US Senate seat from Colorado. Daniel Baer, 42, a former US ambassador to the Organization for Security and Cooperation in Europe, announced his candidacy on Tuesday, 16 April 2019, in an email blast referencing his spouse, Brian Walsh.

    “Like many of you, Brian and I are dismayed by the chaos unfolding in Washington under this president,” Baer said. “But we’ve also realized that the best way to find hope and optimism is by putting ourselves on the line, taking risks for the values we believe in, and fighting for the country we want.”

    If Baer succeeds in his campaign bid, he’d become the first openly gay man elected to the US Senate and would join Sen. Tammy Baldwin (D-WI), the first out lesbian elected to the Senate, and Sen. Kyrsten Sinema (D-AZ), the first open bisexual elected to the Senate.

    One of seven openly gay ambassadors in the Obama administration, Baer as US ambassador to the OSCE was charged with de-escalating tensions in Europe during the Ukraine crisis in 2014. Previously, Baer served as deputy assistant secretary for the Bureau of Democracy, Human Rights, and Labor under Hillary Clinton when she was Secretary of State. Baer worked on international LGBT issues, including the integration of LGBT human rights abuses in the State Department’s annual human rights report.

    In a campaign video announcement titled “Driving Change,” Baer touts his foreign policy experience at OSCE, as well his relationship with his spouse and their dog.

    It’s not the first time Baer has pursued a run for Congress. In 2017, Baer launched a campaign to run for a US House seat representing Colorado’s 7th congressional district. But Baer later dropped that bid after incumbent Rep. Ed. Perlmutter (D-CO) changed his mind and decided to keep the seat he said he’d vacate. By seeking the Democratic nomination to run for US Senate, Baer is potentially challenging Sen. Cory Gardner (R-CO), one of the most vulnerable senators up for re-election in 2020. According to the Democratic Senatorial Campaign Committee, Gardner is currently polling eight points behind a generic Democratic on the ballot.

    In an interview with the "Denver Post," Baer touted his foreign policy experience in explaining why he’d be superior to the sitting Republican incumbent currently representing Colorado. “Cory Gardner sits on the Foreign Relations Committee,” Baer said. “I think one of the things I offer as a candidate going up against him is that I can go toe-to-toe with Cory Gardner on foreign policy issues.”

    But Baer is one of seven Democrats seeking their party’s nomination to run against Gardner and it remains to be seen if Baer will claim victory. The filing deadline and primary for Colorado aren’t yet scheduled.
    https://www.washingtonblade.com/2019/04/16/former

  • 11. VIRick  |  April 16, 2019 at 1:51 pm

    Michigan: Faith-Based Federal Suit Seeks to Re-Instate Anti-LGBT Discrimination

    Per Equality Case Files:

    On Monday, 15 April 2019, in "Buck v. Gordon," a faith-based adoption agency sued the state of Michigan, challenging a settlement that prevents them from refusing to put children in LGBT homes for religious reasons. The far-right Becket Fund for Religious Liberty filed the lawsuit in western Michigan’s US District Court on behalf of Lansing-based St. Vincent Catholic Charities. It is among more than 90 agencies receiving state funding to help place children from troubled homes with new families, according to the complaint.

    The suit alleges violations of the plaintiffs’ First Amendment rights and the federal Religious Freedom Restoration Act. It was brought less than a month after the legal agreement was announced by A-G Nessel and the ACLU of Michigan, which had sued the state in 2017 in "Dumont v. Gordon" on behalf of two lesbian couples who had alleged they had been turned away because they are gay. Nessel has said such discrimination is illegal.

    The complaint, with all attachments, is here:
    http://files.eqcf.org/cases/119-cv-00286-1/

    Note: It would appear that the agency in question, St. Vincent Catholic Charities of Lansing, does not actually hold a state contract for child placement. As a result, this lawsuit will be tossed for lack of standing. In the meantime, their threat to shut down operations if they do not get their way would be quite welcome.
    https://www.lgbtqnation.com/2019/04/christian-ado

  • 12. VIRick  |  April 16, 2019 at 5:32 pm

    Alabama: Bigoted, Alleged Pedophile Roy Moore Leads GOP Field for US Senate

    Prominent homophobe Roy Moore, who is again threatening to run for US Senator from Alabama, leads other potential Republican candidates in a new poll. In the survey released today, 16 April 2019, by Mason-Dixon Polling & Strategy, 27 percent of respondents said they’d support Moore if the Republican primary were held now. Three Alabama members of the US House trailed him — Mo Brooks with 18 percent, Bradley Byrne with 13 percent, and Gary Palmer with 11 percent. State Senate President Pro Tem Del Marsh had 4 percent, and businessman Tim Jones had 2 percent. A quarter of respondents were undecided.

    Byrne is the only Republican who has formally declared his candidacy, but Moore has said he is thinking about another Senate run. Moore’s poll results reflect the fact that he has greater name recognition than the others in the Republican field. But his extremism and the accusations will likely put off many voters.

    The national Democrats would be happy to have such a controversial candidate opposing Doug Jones. Jones might not beat a traditional Republican candidate in 2020, but Democrats know that he has already beaten Roy Moore once.
    https://www.advocate.com/politics/2019/4/16/bigot

  • 13. scream4ever  |  April 16, 2019 at 6:42 pm

    Let's hope it holds :)

  • 14. VIRick  |  April 16, 2019 at 6:47 pm

    A Gallegos Same-Sex Marriage (or Union) 958 Years Ago

    Per Carlos Callón‏:

    Per a document recorded in Portuguese about a Gallegos same-sex couple, and dated the 16 de abril de 1061 from Lisboa, Portugal:

    Hai 958 anos que os galegos, Pedro Díaz e Muño Vandílaz, en Santa María de Ordes (A Coruña), prometeron estar xuntos "todos os días e todas as noites, para sempre."
    https://twitter.com/carloscallon/status/111826826

    It was 958 years ago that the Gallegos, Pedro Díaz and Muño Vandílaz, in Santa María de Ordes (A Coruña), promised to be together "all the days and all the nights, forever."

    Note: Gallegos, as a nationality, refers to the people of far northwestern Spain. As a language, it is a cross between Portuguese and Spanish. The Gallegos region, in particular, has recorded any number of extremely early same-sex unions, like the above.

    A companion video in Portuguese (with sub-titles in Gallegos), explaining more detail about the couple and that era, is here:
    https://www.youtube.com/watch?v=chBeR6jcTZk&f

  • 15. VIRick  |  April 16, 2019 at 7:16 pm

    San Luis Potosí Congress to Vote on Marriage Equality

    Per LGBT Marriage News:

    Diputados del PAN votarán en contra de la aprobación del matrimonio igualitario dentro de la Comisión de Justicia, la cual se reunirá el próximo miércoles, 24 de abril 2019, para abordar el tema y dictaminar al respecto. Lo anterior lo informó el presidente de la comisión, Rubén Guajardo Barrera, quien junto con Sonia Mendoza Díaz, integra la dupla panista de este grupo de trabajo legislativo.

    Aclaró que además del dictamen de la Comisión de Justicia, el tema de matrimonios igualitarios se votará también en la Comisión de Derechos Humanos, Igualdad, y Género, así como en el Pleno del Congreso.
    https://pulsoslp.com.mx/slp/diputados-panistas-vo

    PAN deputies will vote against the approval of marriage equality within the Justice Commission, which will meet next Wednesday, 24 April 2019, to address the issue and decide on it. The foregoing was reported by the committee's president, Rubén Guajardo Barrera, who along with Sonia Mendoza Díaz, is a member of PAN in this legislative work group.

    He clarified that in addition to the draft bill in the Justice Commission, the issue of equal marriages will also be voted on in the Commission on Human Rights, Equality, and Gender, as well as in the Full Congress.

  • 16. VIRick  |  April 16, 2019 at 8:23 pm

    Quintana Roo: Summary History and Up-Date of Marriage Equality

    (The English translation follows in next post)

    El vacío legal que tiene el Código Civil del Estado de Quintana Roo, en el cual no se establece como requisito que el matrimonio se celebre entre hombre y mujer, pues sólo dice “entre personas,” ha permitido que desde el 2011 se presenten en la entidad enlaces entre personas del mismo sexo.

    Si bien, hoy en día una pareja del mismo sexo puede acudir a cualquier registro civil para casarse, lo cierto es que las peticiones de agrupaciones que trabajan a favor de la inclusión de las personas con preferencias sexuales diferentes a la heterosexual, de reformar el Código Civil del Estado de Quintana Roo para que quede establecida la posibilidad del matrimonio igualitario en la entidad, ha sido ignorada por los legisladores.

    Pese a ello, gracias al vacío legal, de 2011 a 2017, se han llevado a cabo en Quintana Roo 107 matrimonios entre personas del mismo sexo. De acuerdo a la Dirección General y Oficial Central del Registro Civil, en el municipio de Benito Juárez (Cancún) más enlaces se han realizado con 45, seguido de Solidaridad (Playa del Carmen) con 33, y Tulum con 17. En tanto en Othón Pompeyo Blanco (Chetumal) se han llevado a cabo en ese mismo período 6 matrimonios, en Cozumel se realizaron 3, Puerto Morelos, dos, y en Isla Mujeres, uno. En los demás municipios: Felipe Carrillo Puerto, José María Morelos, Lázaro Cárdenas, y Bacalar, no hay ningún registro.

    Es importante destacar que el primer registro oficial y reconocido que se tiene en Quintana Roo de matrimonios igualitarios es en 2014. En ese año, se efectuaron tres enlaces, dos en Solidaridad y uno en Tulum.

    Sin embargo, fue en noviembre de 2011 cuando descubrieron que ese vacío legal se debía permitir el enlace entre personas del mismo sexo. En ese año, se llevaron a cabo dos enlaces en el Registro Civil de Kantunilkin (Lázaro Cárdenas), pero en 2012 la Directora-General del Registro Civil, Adelaida Catalina Sánchez Silva, determinó anular esos enlaces.
    https://www.lajornadamaya.mx/2019-04-16/Reforma-s

  • 17. VIRick  |  April 16, 2019 at 8:41 pm

    (continued in English)

    The legal void in the Civil Code of the State of Quintana Roo, which does not state as a requirement that marriage be celebrated between a man and a woman, since it only says "between persons," has allowed the state since 2011 to have marriages between people of the same sex.

    Although today, a same-sex couple can go to any civil registry and marry, the truth is that the requests of groups working in favor of the inclusion of people with sexual preferences different from the heterosexual, so as to reform the Civil Code of the State of Quintana Roo to firmly establish the possibility of equal marriage in the state, have been ignored by the legislators.

    Despite this, from 2011 to 2017, thanks to the legal vacuum, 107 marriages between same-sex couples have taken place in Quintana Roo. According to the Director-General and Central Official of the Civil Registry, the municipality of Benito Juárez (Cancún) has had more marriages occur with 45, followed by Solidaridad (Playa del Carmen) with 33, and Tulum with 17. In Othón Pompeyo Blanco (Chetumal), 6 marriages have taken place in the same period, 3 occurred in Cozumel, two in Puerto Morelos, and one in Isla Mujeres. In the remaining municipalities: Felipe Carrillo Puerto, José María Morelos, Lázaro Cárdenas, and Bacalar, there is no registry.

    It is important to note that the first official and recognized recording of equal marriages in Quintana Roo is in 2014. In that year, three marriages occurred, two in Solidaridad and one in Tulum.

    However, it was in November 2011 that this legal vacuum was discovered allowing marriage between people of the same sex. In that year, two marriages took place in the Civil Registry of Kantunilkin (Lázaro Cárdenas), but in 2012, the Director-General of the Civil Registry, Adelaida Catalina Sánchez Silva, decided to cancel them.

    Note: The town of Kantunilkin (municipality of Lázaro Cárdenas), Quintana Roo, directly abuts Yucatán state along the northern seashore. Its civil registry is no longer operational.

  • 18. VIRick  |  April 16, 2019 at 11:11 pm

    Tabasco: Little Movement on Pending Same-Sex Marriage Bill

    Per LGBT Marriage News:

    José Cruz Guzmán, presidente de la asociación civil, Todos Unidos por la Diversidad Sexual (Tudisex), abordo a la diputada de Morena, Karla Rabelo Estrada, presidenta de la Comisión de Gobernación y Puntos Constitucionales del Congreso de Tabasco, para solicitar que ya bajen el dictamen de reforma al Código Civil de Tabasco para que se permita el matrimonio entre personas del mismo sexo y la adopción de menores.

    Rabelo Estrada le respondió que se encuentran trabajando para lograr elaborar el dictamen, aunque no le dió una fecha para que pueda ser aprobado.
    https://www.elheraldodetabasco.com.mx/local/desat

    José Cruz Guzmán, president of the civil association, Todos Unidos por la Diversidad Sexual (Tudisex), addressed the Morena deputy, Karla Rabelo Estrada, president of the Commission on Governance and Constitutional Points of the Tabasco Congress, to request that they already present the draft bill to reform the Civil Code of Tabasco so as to allow same-sex marriage and the adoption of minors.

    Rabelo Estrada replied that they are busy working to get the draft bill ready, but nevertheless did not give a date for when it could be approved.

  • 19. VIRick  |  April 17, 2019 at 10:19 am

    Baja California: First Openly Gay Candidate for Baja State Congress

    Per Rex Wockner:

    Baja California has its first openly LGBT candidate for the state legislature (congreso). Joel Cortés is running in the 11th congressional district (Tijuana) for the elections to take place on 2 June 2019.
    https://www.soyhomosensual.com/lgbt/mexicano-busc

    Per Joel Cortés:

    Tenemos constancia de registro, la primer candidatura abiertamente LGBT al congreso de Baja California.
    https://twitter.com/MCortesJoel/status/1117495248

    We have proof of our registration, the first openly LGBT candidate to the Baja California congress.

  • 20. ianbirmingham  |  April 17, 2019 at 12:02 pm

    Roy Moore leads in Alabama Senate poll

    A poll by Mason-Dixon Polling and Strategy published Tuesday found that 27 percent of Republicans polled would support Roy Moore's candidacy in the 2020 election. Reps. Mo Brooks, Bradley Byrne and Gary Palmer trail behind Moore with support in the teens, while Del Marsh and Tim James were under ten percent. Moore's support was highest among women, 31 percent of whom said they would support Moore.

    45 percent of Alabama voters believe [Democratic incumbent Doug] Jones is doing a good job in the Senate, while 44 percent disapprove of his performance. Fifty percent of voters said that they would vote to replace him, as opposed to 40 percent who said they would vote to re-elect him.

    https://www.cbsnews.com/news/roy-moore-leads-in-a

  • 21. ianbirmingham  |  April 17, 2019 at 12:04 pm

    Controversial Republican Roy Moore poised to run for Senate again in Alabama

    Roy Moore is poised to jump into the Alabama Senate race in a bid to earn a rematch with Sen. Doug Jones, the Democrat who handed the former judge a stunning defeat in a 2017 special election. Moore this past weekend told a gathering of grassroots Republicans that he would announce his 2020 plans in a matter of weeks.

    https://www.washingtonexaminer.com/news/campaigns

  • 22. JayJonson  |  April 17, 2019 at 2:55 pm

    Below is a video made in 2013 to introduce him as ambassador. In the video he refers to his partner Brian Walsh. They were married at the U.S. Embassy in Vienna in 2014. https://www.huffpost.com/entry/daniel-baer-marrie
    https://www.youtube.com/watch?v=oOLCp3Hx-n4

  • 23. Mechatron12  |  April 17, 2019 at 8:57 pm

    No, sorry, can't agree with you here. If God forbid Roy Moore wins the primary, then he WILL be Senator. Alabama is probably the reddest state in the country. With Presidential turnout behind him, anyone the GOP selected would win. Keep in mind, even with the allegations fresh in everyone's mind, Jones only barely won.

    That said, it's very unlikely the national GOP/Trump stay out of this, and they will strongly back a candidate who is not Roy Moore. I would be absolutely shocked if Moore ends up being the GOP candidate in November 2020.

  • 24. VIRick  |  April 18, 2019 at 2:41 pm

    Nevada: Soon to Ban "Gay Panic" Defense

    Nevada lawmakers have moved to ban so-called gay and trans panic defenses from being used to re-victimize LGBTQ people who have been assaulted and/or murdered. Senate Bill 97 will prohibit use in a criminal case of certain defenses based on the sexual orientation or gender identity or expression of the victim.

    The bill, introduced in January, passed the Nevada State Senate on 16 April 2019 on a vote of 19-2, with Republicans Ira Hansen and Pete Goicoechea voting against the bill.

    A gay or trans panic defense is one in which the perpetrator of a crime states that they had a moment of impaired judgement after they faced an unwanted sexual advancement from someone of their same gender, or after discovering that someone to whom they may have been sexually attracted is transgender. These defenses, in spite of a growing movement against them, remain legal in most states, and are regularly used by defendants in anti-LGBTQ assaults and murders.

    Currently, only three other states have similar laws on the books against such defenses — California, Illinois, and Rhode Island — with several more states, including Connecticut, currently considering legislation similar to SB 97.

    Perhaps the best-known case to use the "gay panic" defense involved the murder of Matthew Shephard outside of Laramie, Wyoming. At the trial, the defense team for Aaron McKinney, who along with Russell Henderson, was convicted of the murder, had made claims that he had only intended to rob Shephard, but then killed the 21-year-old after Shephard made a pass at McKinney.
    https://www.lgbtqnation.com/2019/04/soon-wont-abl

    For an earlier article from January 2019 on similar pending legislation which would ban the "gay panic" defense in criminal cases in Connecticut, see:
    https://www.lgbtqnation.com/2019/01/connecticut-m

    A note about Wyoming: Not only does Wyoming not have a law banning the "gay panic" defense, but of the 5 remaining states still without hate crimes laws, we have: Arkansas, Georgia, Indiana, South Carolina, and Wyoming.

  • 25. VIRick  |  April 19, 2019 at 12:36 pm

    Taiwan: 157 Same-Sex Couples to Marry on 24 May 2019

    Per Rex Wockner:

    Taipei, 19 April 2019 – A total of 157 same-sex couples in Taiwan plan to register to get married at household registration offices on 24 May 2019, the day that the Constitutional Court set for same-sex marriages to be legalized. To mark the historic day, the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), a local LGBTI rights organization, is also organizing a traditional wedding banquet outside the Presidential Office in Taipei on 25 May.

    The marriage registration and wedding plans are being organized despite ongoing uncertainty over how Taiwan's legislature will handle competing demands from groups in favor of legalizing same-sex marriage and those opposed to categorizing same-sex unions as marriages.

    On 24 May 2017, Taiwan's Constitutional Court ruled that the prohibition of same-sex marriage in the Civil Code was unconstitutional and that the relevant authorities must amend or enact laws in accordance with the court's interpretation No. 748 within two years. The deadline for doing so is 24 May 2019.
    http://focustaiwan.tw/news/asoc/201904190025.aspx

  • 26. davepCA  |  April 19, 2019 at 2:40 pm

    Wonderful! I had forgotten about this!

  • 27. VIRick  |  April 19, 2019 at 2:41 pm

    Aguascalientes: Same-Sex Marriage Now in Effect; Congress Complies with SCJN Ruling

    Per "La Jornada Aguascalientes," el 19 de abril 2019:

    La bancada panista (de mayoría) del Congreso de Aguascalientes acata dictamen de la SCJN sobre el matrimonio igualitario, aunque el tema no está en su agenda. En Aguascalientes, es innecesario que cambios al Código Civil sobre matrimonio igualitario pasen por el Legislativo. El ordenamiento lo acata el Registro Civil de facto.

    “Hay una notificación de la Suprema Corte, y nosotros la estamos acatando. No hay necesidad de momento de hacer modificaciones al Código Civil. Ya de facto lo establece la sentencia de la SCJN donde maneja el tema de matrimonio entre hombre y mujer, ya ahorita, cualquier pareja que quiera establecer el contrato civil lo podrán hacer de cualquier manera, inmediata, cubriendo los requisitos que establece el propio Registro Civil," explicó el diputado panista, Guillermo Alaniz de León, presidente de la Junta de Coordinación Política.
    http://www.lja.mx/2019/04/en-aguascalientes-es-in

    The PAN (majority) caucus of the Aguascalientes Congress accepts the SCJN ruling on equal marriage, although the issue is not on their agenda. In Aguascalientes, it is unnecessary that changes to the Civil Code on marriage equality pass through the Legislative. The law/order is accepted as fact by the Civil Registry.

    "There is a notification from the Supreme Court, and we are complying with it. There is no need at the moment to make modifications to the Civil Code. Already, by fact, the ruling of the SCJN is established whereby it manages the issue of marriage between man and woman, and right now, any couple who wishes to establish a civil contract can do so in whatever manner, immediately, in accord with the requirements established by the Civil Registry," explained the PAN deputy, Guillermo Alaniz de León, president of the Political Coordination Board.

    In other words, the PAN majority of the Aguascalientes congress have no intention of amending the state civil code to accommodate marriage equality. Instead, they have quite passively acquiesced to the Supreme Court ruling mandating marriage equality in the state, just like what was done in Jalisco, Puebla, Chiapas, and Nuevo León before it.

  • 28. FredDorner  |  April 20, 2019 at 9:38 am

    That's the way things should work…

  • 29. VIRick  |  April 20, 2019 at 9:50 am

    Turkey: Court Lifts Ban on LGBT Pride Events in Ankara

    LGBT Pride events can now be held in Ankara, the capital city of Turkey, as a court has lifted a ban that previously prohibited such celebrations. The news was announced on Thursday, 19 April 2019, explaining that it was the Turkish LGBT rights group, Kaos GL, which won on appeal. The organization had previously attempted to do the same in November 2018, but it proved unsuccessful.
    
    “We can say that the court has accepted our arguments that we have advocated since the day when the ban has declared,” Kaos GL’s lawyer, Hayriye Kara, voiced in a statement. The ban was first implemented by the Governorship of Ankara in November 2017.
    https://www.pinknews.co.uk/2019/04/20/court-lifts

  • 30. VIRick  |  April 20, 2019 at 11:30 am

    UK: London Court Gives Gay Man Parental Rights over Surrogate Child

    Following their break-up, a gay man from London has won parental rights over the child he had with his former partner via a surrogate. The High Court’s verdict is groundbreaking, as it marks the first time a non-biological father has been given rights in this type of case. According to "The Times," the decision was made by Justice Theis in February 2019 but has only now been made public.
    
    While no names have been released, the same publication reports that the former couple are to be referred to as K and L. The former is their daughter’s biological father, having used his sperm to create an embryo at a US clinic in 2017. The child, known only as N, was born in Canada in October 2017.

    L’s lawyers explained to the court that he and K had been in a relationship for quite some time, and had been living together in London when they decided to start a family. The pair temporarily moved to Canada, as the laws tend to be similar to the UK’s regarding the surrogacy process, but there are certain benefits, such as both parents’ names being cited on the original birth certificate. In the UK, the biological mother’s name appears on the document unless the parents apply to have it removed.

    K and L had applied for parental responsibility orders shortly after they returned to the UK, but they had difficulties seeing the process through to completion after their relationship began to break down. On one occasion, the police were called after they disagreed on how their daughter should be cared for.

    Nevertheless, Theis stated in court that since N had lived with both of her parents for the majority of her life so far, to refuse her full access to them now would deny her “the social and emotional benefits of recognition of that relationship and would not have the legal reality that matches the day-to-day reality.” This way, N’s relationship with K and L is secured “in a lifelong way.”
    https://www.pinknews.co.uk/2019/04/20/gay-man-win

  • 31. ianbirmingham  |  April 20, 2019 at 12:35 pm

    Perhaps not coincidentally, the right-wing mayor who banned these LGBT Pride events has just been unseated. Under the Islamist anti-democrat Erdogan, the Turkish courts have lost virtually all judicial independence, and have been widely abused to imprison opposition politicians as political prisoners.

    Turkey’s Opposition Gets the Keys to Istanbul

    In a major upset, Erdogan's party lost control of the capital, Ankara, and the country's financial and cultural hub, Istanbul, where the party had repeatedly contested results. Both Ankara and Istanbul had been held by Erdogan's conservative, religious-based party and its predecessor for 25 years. Erdogan's rise to power began as Istanbul mayor in 1994 and he has repeated numerous times in pre-election rallies: "Whoever wins Istanbul, wins Turkey" and "Whoever loses Istanbul, loses Turkey."

    https://aawsat.com/english/home/article/1684561/t

    Jailed Kurdish politician says election result is a response to one-man rule in Turkey

    Selahattin Demirtaş, the jailed former co-chair of Turkey's pro-Kurdish People’s Democratic Party's (HDP), said on Friday that they achieved great success in local elections despite criminalisation efforts against his party and it is a response to one-man rule.

    "Many of us have been criminalized and deemed “terrorists” by government officials. And yet my party, which I co-chaired for many years, still showed its strength in these latest elections," Demirtaş said in an article he wrote for the Washington Post.

    In the local elections on March 31, Turkish President Recep Tayyip Erdoğan's ruling Justice and Development Party (AKP) has lost control of five of six populous cities, including the capital of Ankara and the country's economic hub Istanbul, in a blow to Erdoğan's 16-year rule.

    https://ahvalnews.com/selahattin-demirtas/jailed-

    I’m in prison. But my party still scored big in Turkey’s elections.

    Thousands of members of the Peoples’ Democratic Party (HDP) who should currently be participating in politics — including me — are in prison on political grounds. The security forces continue to harass and obstruct those members of our party who remain free. Many of us have been criminalized and deemed “terrorists” by government officials. And yet my party, which I co-chaired for many years, still showed its strength in these latest elections.

    The HDP’s electoral success, despite all the obstacles confronting it, is remarkable. This shows that the HDP and its many Kurdish supporters remain unbowed by the repressive measures of the state. Once again, HDP voters have expressed their determination to live together in a free, equal, democratic and peaceful Turkey.

    Selahattin Demirtas is an ex-member of the Turkish parliament and a former co-leader of the Peoples’ Democratic Party of Turkey. He is imprisoned in Edirne High Security Prison.

    https://www.washingtonpost.com/opinions/2019/04/1

  • 32. VIRick  |  April 21, 2019 at 11:26 am

    Spain: 14th Anniversary of Marriage Equality

    En un 21 de Abril de hace 14 años, España exhibía con orgullo la aprobación del matrimonio igualitario como un logro de la democracia. Este hito facilitó la formación de más de 40.000 de familias diversas hasta 2016, el 25% de las cuales entre españoles y migrantes LGTB.
    https://twitter.com/FPedroZerolo/status/112000328

    On 21 April 2005, exactly 14 years ago, Spain proudly displayed the approval of marriage equality as an achievement of their democracy. Through 2016, this milestone has facilitated the formation of more than 40,000 families of diversity, 25% of which are between Spanish citizens and LGTB immigrants/foreigners.

    Within this time-frame, the actual total number of LGBT marriages to have taken place in Spain is quite a bit higher, as this statistic does not take into account the fact that Spain allows two foreign citizens to marry each other in Spain. In addition, especially for Latin America, many LGBT persons who could claim derived Spanish citizenship married their foreign partner in Spain, after which the newly-married couples then returned back home to their present country of residence.

    Later, a number of these Spanish mixed-nationality marriages then figured in court cases seeking marriage recognition in countries like Colombia and Costa Rica.

  • 33. VIRick  |  April 21, 2019 at 8:43 pm

    Colorado: EEOC Settles Transgender Employment Discrimination Suit

    Per Equality Case Files:

    On 5 April 2019, in "EEOC v. A&E Tire," a federal Title VII lawsuit against a Colorado automotive chain for retracting a job offer and refusing to hire a transgender man, the EEOC has reached a settlement in this case. The Consent Decree is here:
    http://files.eqcf.org/cases/117-cv-02362-75/

    From the EEOC press release announcing the settlement:
    The Colorado tire company, A&E Tire, Inc. will pay $60,000 and provide other significant relief to settle a sex discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC).

    According to the EEOC lawsuit, A&E Tire offered a job to Egan Woodward, but did not hire him after it learned that he was transgender. The EEOC alleged that A&E Tire offered Mr. Woodward the job subject to a background check, but then called Mr. Woodward when it saw that he had checked female on his background screening paperwork. According to the EEOC, A&E Tire then decided not to hire Mr. Woodward and ultimately hired someone else for the position.

    The EEOC settled the lawsuit after months of discovery and a court order denying A&E Tire's motion to dismiss the lawsuit. In denying the motion to dismiss, the district court held that the lawsuit could proceed because the EEOC plausibly alleged that A&E Tire had not hired Mr. Woodward because he did not conform to sex stereotypes. In doing so, the district court recognized that discrimination against transgender individuals is discrimination based on sex stereotyping because transgender individuals identify as a sex different from their birth-assigned sex.

    The full statement of 8 April 2019 from the EEOC is here:
    https://www.eeoc.gov/eeoc/newsroom/release/4-8-19

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