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12/3 open thread UPDATE 12/5

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This is an open thread. We’ll post any breaking news.

UPDATE 12/5: The Eleventh Circuit heard argument in a case in which a student who is transgender wants to use the correct bathroom. The argument audio should be posted here soon. The case is Adams v. School Board of St. Johns Co..

30 Comments Leave a Comment

  • 1. VIRick  |  December 3, 2019 at 3:58 pm

    Arizona: State Appeals Court Reverses Lower Court's Name Change Refusal

    Per Equality Case Files:

    On 3 December 2019, in "In Re: V. Cortez," a transition-related case, an Arizona state appeals court has reversed a lower court decision that denied Sebastian Tomas Valentine's application for a legal name change.

    "This case requires us to decide whether an applicant must show good cause to change names under A.R.S. § 12-601. The superior court here summarily denied—with prejudice—[the appellant's] application to change names for lack of good cause. We reverse and remand because good cause is not required under the statute."

    The Opinion is linked here:
    https://www.azcourts.gov/Portals/0/OpinionFiles/D

    Note: Be careful when reading the court's Opinion. Although this case had to be filed under the applicant's original name, V. Cortez, even for the appeal, Equality Case Files (correctly) chose to utilize the applicant's chosen name, Sebastian Tomas Valentine, when preparing their court report. Following suit, in stating the case name for reference, I have chosen to only utilize the applicant's first initial.

  • 2. VIRick  |  December 3, 2019 at 4:44 pm

    Mauritius: Legal Challenge to Anti-Sodomy Law Has Had Its First Court Hearing

    Per LGBT Marriage News:

    Abdool Ridwan Firaas Ah Seek has brought a legal case challenging the constitutionality of Section 250, a law that punishes gay sex. On 21 November 2019, the case had its first hearing by the Supreme Court and will have a second hearing on 18 February 2020. His legal case is being supported by the Collectif Arc-En-Ciel (CAEC), a human rights organisation in Mauritius working to improve the lives of LGBT individuals.

    Under Section 250, a colonial-era hold-over law from the time when Mauritius was ruled by Britain, those persons found to have had gay sex can be imprisoned for up to five years. Activists claim that although the law is rarely enforced, it has other continuing negative impacts on the community.

    “Section 250 is like the sword of Damocles hanging over the lives of LGBT Mauritians,” Aschwin Ramenah, Director of CAEC said. “The time has come to repeal this discriminatory law that unfairly targets members of our society simply because of who they love.” Representatives from CAEC also claim that the existence of the law contributes to a culture of stigma for LGBT people, one which can discourage HIV testing and normalize hate crimes and discrimination.
    https://www.pinknews.co.uk/2019/12/03/activists-c

    One can find more detail about both legal challenges to Mauritius' anti-sodomy law here:
    https://www.gaystarnews.com/article/tropical-isla

  • 3. VIRick  |  December 3, 2019 at 8:03 pm

    Mexico: Navy Has Recorded 21 Marriages between Same-Sex Couples

    De acuerdo con cifras de la Secretaría de Marina Armada de México (Semar), del año 2014 a la actualidad, se han registrado 21 matrimonios entre personas del mismo sexo. De estos, 16 pertenecen a la comunidad lésbica y 5 a la comunidad gay.

    Cuando un marino contrae matrimonio con una persona de su mismo sexo y registra su unión dentro de la institución, en automático se afilia a su pareja y ambos obtienen todos los beneficios sociales que la ley les otorga, como lo son:
    • Servicio médico
    • Pensión por viudez
    • Ocupación temporal de casas y departamentos en residencias navales
    • Créditos para vivienda
    • Seguro de vida
    • Fondo de apoyo en caso de fallecimiento
    https://seisfranjasmx.com/2019/12/02/secretaria-d

    According to figures from the Secretary of the Navy of Mexico (Semar), from 2014 to the present, 21 marriages between same-sex couples have been registered. Of these, 16 belong to the lesbian community and 5 to the gay community.

    When a sailor marries a person of the same sex and registers their union within the institution, their partner automatically joins them and both obtain all the social benefits that the law authorizes, such as:
    • Medical service
    • Widowhood pension
    • Temporary occupation of houses and apartments in naval residences
    • Home loans
    • Life insurance
    • Support fund in case of death

  • 4. ianbirmingham  |  December 4, 2019 at 12:35 am

    These numbers seem awfully low… why so few?

  • 5. VIRick  |  December 4, 2019 at 2:24 pm

    Ian, I primarily posted that report because of its detailed focus on gay/lesbian same-sex couples within one branch of Mexico's military, as previously, there has been almost no mention of this subject in the regular press. I did not really pay attention to the exact numbers (which in retrospect do seem quite low), but instead, noted the equality in the provision of benefits as a good example of the social integration of sexual minorities at the federal government level.

    The Mexican Armed Forces are composed of two independent entities: the Mexican Army and the Mexican Navy. The Army also includes the Air Force, the Presidential Guard, Military Police, and Special Forces. The Navy includes the Naval Infantry Force (Marine Corps) and Naval Aviation (FAN).

    Military conscripts only serve in the regular Army (Ejército Mexicano), not in any of its 4 special units. All told, the Army has a total force of 183,000. The much smaller Navy (Armada de México) is all-volunteer, and totals 66,000 personnel, mostly career-oriented. In practical terms, on a day-to-day basis along both coasts, the Navy serves more as a de facto Coast Guard.

  • 6. VIRick  |  December 4, 2019 at 6:05 pm

    Morocco: Landmark Proposals on Individual Freedoms

    Per LGBT Marriage News:

    The (Moroccan) National Human Rights Commission has proposed decriminalizing LGBT sex as part of a broad Penal Code reform, focused on repealing laws that compromise privacy and freedom of conscience.

    Today, 4 December 2019, Human Rights Watch said that the Moroccan parliament should adopt the groundbreaking proposals made by a government-appointed body to enshrine individual freedoms.

    In a memorandum published on 28 October 2019, the (Moroccan) National Human Rights Council (also known by its French acronym, CNDH) recommended decriminalizing consensual sex between non-married adults and granting more religious freedoms. The CNDH memorandum aims to contribute to the projected overhaul of Morocco’s penal code, which parliament is scheduled to begin reviewing on 30 November. Many Moroccans have gone to prison for non-marital sex, as well as for adultery and homosexuality.

    “Morocco’s parliament should take the State out of people’s bedrooms and let them pursue their consensual private lives without fear of trials and prison time,” said Ahmed Benchemsi, Middle East and North Africa communications director at Human Rights Watch.

    The CNDH is established by the constitution to provide guidance on human rights matters to Moroccan institutions. Its memorandum identified provisions of the penal code that violate or undermine individual freedoms, including articles 489, 490, and 491, which provide prison terms for same-sex relations, non-marital sexual relations, and adultery, respectively. These provisions violate the right to privacy, as guaranteed under article 24 of Morocco’s constitution and the International Covenant on Civil and Political Rights (ICCPR), which Morocco has ratified.

    In a report released in June, the Office of the General Prosecutor stated that 7,721 adults were prosecuted for having non-transactional sexual relations outside of marriage in 2018. The number includes 3,048 who were charged with adultery, 170 with same-sex relations, and the remainder (4503) simply for sex between unmarried persons.

    The CNDH also recommended specifically criminalizing rape in marriage, based on “the principle of considering consent the cornerstone of sexual relations between adults.” A law on violence against women, which went into effect in 2018, criminalizes some forms of domestic violence but fails to explicitly define and criminalize marital rape.

    The council also urged repealing penal code article 220, which criminalizes proselytizing but only when done to lure people away from Islam. The discriminatory law punishes “using seduction means in order to shake a Muslim’s faith or convert him to another religion” with up to three years in prison. Authorities have used this provision to deport foreign Christians, but also, to charge or convict Moroccan converts to Christianity allegedly for nothing more than talking about their new faith in the company of Muslims. In 2003, thirteen heavy metal musicians were convicted under article 220 for what the court called “Satan worship.”
    https://www.hrw.org/news/2019/12/04/morocco-landm

  • 7. VIRick  |  December 5, 2019 at 1:08 pm

    Philippines: President Appoints Transgender Woman to Government

    Dindi Tan, a long-time LGBT activist in the Philippines, is now director of the country’s Department of Agrarian Reform. Tan had previously been the department’s assistant program manager. On Wednesday, 4 December 2019, Tan told the "Washington Blade" that she is the first trans woman named to a position within the Philippine government.

    “This is very big for our community here in the Philippines,” said Tan. “It sends a powerful message that the LGBT community is part of the government agenda and that the present administration remains committed to furthering equal rights for everyone. By appointing LGBT leaders to positions of power in the bureaucracy, we will be able to incorporate our voices into the mainframe of the governmental process,” added Tan.
    https://www.washingtonblade.com/2019/12/05/philip

  • 8. VIRick  |  December 5, 2019 at 1:28 pm

    Myanmar: Miss Universe Contestant Comes Out as Lesbian; Wants Marriage Equality Everywhere

    LGBT Marriage News:

    Swe Zin Htet, the Miss Universe contestant for Myanmar (Burma) comes out as a lesbian. She says she hopes for marriage equality in ever country.

    In Burma, sexual acts between people of the same sex or gender are illegal and can be punished with deportation, fines, and up to 10 years in prison.

    Swe Zin Htet, concursante de Miss Universo, se declara lesbiana; en su país de Myanmar (Birmania) esto es ilegal. La joven, habló también sobre su deseo de que el matrimonio igualitario sea una realidad en todos los países.

    En Birmania los actos sexuales entre personas del mismo sexo o género son ilegales y pueden ser castigados con deportación, multas económicas, y hasta 10 años de prisión.
    https://www.periodicocentral.mx/2019/rayas/entret

  • 9. VIRick  |  December 5, 2019 at 6:09 pm

    Brasil Sees a Boom in Same-Sex Marriages in 2018

    In Brasile è Boom di Matrimoni tra Persone dello Stesso Sesso

    Nel 2018, il Brasile ha conosciuto, rispetto al 2017, un aumento dei matrimoni tra persone dello stesso sesso pari al 61,7%. A rivelarlo l’indagine condotta dall’Instituto Brasileiro de Geografia e Estatística (IBGE) e pubblicata il 4 dicembre 2019, in base alla quale risulta che nello scorso anno (2018) sono stati registrati 9.520 matrimoni egualitari rispetto ai 5.887 del 2017.

    A essere soprattutto cresciute (64,25%) le nozze tra donne: da 3.387 nel 2017 a 5.562 nel 2018. Mentre quelle tra uomini sono invece aumentate da 2.500 a 3.958, con un incremento del 58,3%. L’indagine mostra anche come il picco dei matrimoni egualitari si sia realizzato principalmente nel mese di dicembre 2018 con 3.098 casi contro i 614 di dicembre 2017.

    Dal 2013, la Risoluzione 175 del Consiglio Nazionale di Giustizia (CNJ) obbliga gli uffici notarili a celebrare nozze tra persone dello stesso sesso e a convertire le unioni stabili omoaffettive, precedentemente normate, in matrimonio. Per Klívia Brayner de Oliveira, responsabile Statistiche del Registro Civile dell’IBGE, la popolazione è sempre più consapevole di questa normativa, "specialmente le donne, a cui piace ufficializzare la relazione."
    http://www.gaynews.it/2019/12/05/brasile-matrimon

    In 2018, Brasil experienced a 61.7% increase in same-sex marriages compared to 2017. This was revealed by the survey conducted by the Instituto Brasileiro de Geografia e Estatística (IBGE) and published on 4 December 2019, according to which it is reported that in the past year (2018) 9,520 egalitarian marriages were registered compared to 5,887 in 2017.

    The number of marriages between women has increased 64.25%: from 3,387 in 2017 to 5,562 in 2018. Those between men have increased from 2,500 to 3,958, with an increase of 58.3%. The survey also shows that the peak in egalitarian marriages was achieved mainly in December 2018 with 3,098 instances against 614 in December 2017.

    Since 2013, Resolution 175 of the National Council of Justice (CNJ) obligates notary offices to celebrate marriages between persons of the same sex and to convert stable same-sex unions, previously registered, into marriages. Per Klívia Brayner de Oliveira, Head of Statistics of the Civil Registry of IBGE, the population is increasingly aware of this decision, "especially women, who like to formalize their relationship."

  • 10. VIRick  |  December 5, 2019 at 7:06 pm

    Kansas: Olathe Adopts LGBTQ-Inclusive Non-Discrimination Ordinance

    The City Council in Olathe KS has finally adopted an LGBTQ-inclusive non-discrimination ordinance. It also agreed to investigate an ethics complaint against a city council member who is said to have inappropriately contacted the employer of an activist who backed the measure.

    On Tuesday night, 3 December 2019, council members voted 4-3 to ban discrimination on the basis of sexual orientation and gender identity in employment, housing, and services from businesses, "The Kansas City Star" reports. Olathe was the last city in Johnson County to adopt such an ordinance. Johnson County is the most populous county in Kansas and is part of the Kansas City metropolitan area.

    After the vote on the ordinance, the council then voted 5-1 to investigate an ethics complaint against member Karin Brownlee. LGBTQ rights activist Brett Hoedl brought said complaint, saying Brownlee had spoken to his employer about her objections to the non-discrimination ordinance. Hoedl, who heads the Metro Kansas City chapter of Equality Kansas, was a leading advocate for the measure, which Brownlee voted against Tuesday night.
    https://www.advocate.com/politics/2019/12/05/kans

  • 11. Randolph_Finder  |  December 6, 2019 at 7:34 am

    Monaco: Limited Same Sex couple recognition passed their National Council, comes into effect in 6 months.

    From the information at Wikipedia and its reference in French at https://www.monaco-tribune.com/2019/12/loi-contra… It appears that the Monaco Parliament has passed a bill on Cohabitation that will come into effect in 6 months.

    From Wikipedia:
    The cohabitation agreement bill (Contrat de vie commune) was finally introduced to the Monegasque Parliament on 16 April 2018. Under the bill cohabiting same and opposite-sex couples would be considered on a par with siblings for inheritance taxes and not at the same level as married couples. The agreement, which is open to siblings and parents and children as well, also provides an enumerated set of property rights and reciprocal obligations. The contrat is signed in front of a notary and then deposited at a public registry.[13] On 4 December 2019 the National Council unanimously approved the bill. The law is expected to enter into force in 2020, six months after its publication on Monaco's Journal.

    Note, Monaco is not in the EU, but it is in the Schengen Area which means that most LGBT citizens of Monaco can travel into France, get Married and come home in less time than it takes for me to get to my post office. :)

  • 12. JayJonson  |  December 6, 2019 at 11:06 am

    But if same-sex couples from Monaco get married in the Schengen Area, would their marriages be recognized in Monaco?

  • 13. Randolph_Finder  |  December 6, 2019 at 11:24 am

    Definitely not as marriages. Whether their marriages would automatically get treated as a cohabitation agreement, I'm not sure.

    See http://www.conseil-national.mc/index.php/textes-e… for the information and I think there is a link to the text of the law, but it is entirely in French, I think.

    My *guess* is that Marriage Equality is at least 5 years out, but on of the Reigning Prince's nieces has attended an LBGT pride parade in NYC…

  • 14. ianbirmingham  |  December 6, 2019 at 2:45 pm

    Mexico needs a high-quality cover band to produce a local adaptation of this video:

    https://www.youtube.com/watch?v=nmGuy0jievs

  • 15. VIRick  |  December 6, 2019 at 3:27 pm

    Monaco: New Law Concerning Cohabitation Contract (Contrat de Vie Commune)

    N° 974 – Projet de Loi Relative au Contrat de Vie Commune

    Le projet de loi N° 974 a pour objectif de mieux prendre en compte la situation des personnes qui ont fait le choix d’avoir un projet de vie commun sans être mariées.

    Ce projet de loi laisse le libre choix à chacun de conclure, ou non, un contrat de vie commune afin de bénéficier des droits et obligations qui en découlent, à la condition que l’une des parties au contrat soit de nationalité monégasque ou qu’elle réside habituellement sur le territoire de la Principauté. De cette façon, pourront conclure un contrat de vie commune les personnes qui vivent en union libre, mais également les membres d’une même famille, soit à titre d’exemple, un frère et une sœur, un père et une fille, une mère et un fils. Ces personnes devront toutefois répondre à une exigence de cohabitation telle que l’énonce le projet de loi dans une disposition spécifique.

    Le dit contrat s’inscrit dans la continuité du Droit de la Famille Monégasque et n’entend ainsi nullement concurrencer avec l’institution du mariage. Ainsi, le régime juridique du contrat est sans effet sur les règles de la filiation, de l’autorité parentale, et sur les droits de l’enfant. Il n’entend pas modifier non plus les règles relatives à l’adoption, et sera sans incidence sur celles régissant la dévolution du nom. De plus, le Gouvernement a considéré qu’il ne pouvait y avoir, comme dans le mariage, de dimension extra-patrimoniale qui s’imposerait aux contractants, comparable au devoir de fidélité, de secours, ou d’assistance.
    http://www.conseil-national.mc/index.php/textes-e

    No. 974 – Draft Law Concerning the Cohabitation Contract

    The purpose of Bill 974 is to better take into account the situation of people who have chosen to have a common life together without being married.

    This draft law gives everyone the freedom to conclude a contract of cohabitation, or not, in order to benefit from the rights and obligations arising from it, provided that one of the parties to the contract is of Monégasque nationality or habitually resides within the territory of the Principality. In this way, people who live in a common-law relationship, but also members of the same family, will be able to conclude a cohabitation contract, for example, a brother and a sister, a father and a daughter, a mother and a son. However, these persons will have to meet a requirement of cohabitation as stated in the bill in a specific provision.

    The said contract is a continuation of the Law of the Monégasque Family and thus does not intend to compete with the institution of marriage. Thus, the legal regime of the contract has no effect on the rules of parentage, parental authority, and the rights of the child. It does not intend to change the adoption rules either, and will not affect those governing the devolution of the surname. In addition, the Government considered that there could be, as in marriage, an extra-patrimonial dimension that would be imposed on the contracting parties, comparable to the duty of fidelity, relief, or assistance.

  • 16. VIRick  |  December 6, 2019 at 4:13 pm

    Jay, the short answer to your question is "No, not as a marriage."

    However, there is also a very long, complicated answer, one having much more to do with taxes (and their deliberate avoidance), especially when it comes to the subject of inheritance and inheritance taxes. So, on that level, the relationship of all same-sex couples is finally being recognized, albeit as one of cohabitation. So, if I were Monégasque or a habitual resident, and already married in France, just to be safe, I would re-register my relationship (as cohabitation) with the authorities within Monaco. Since France has had marriage equality since 2013, and since the City Hall (l'Hôtel de Ville) of Beausoleil, France, is a mere 3 blocks from the border, I am quite certain that any/all same-sex couples from Monaco, who might wish to do so, have already married. Thus, the issue has always been one of its subsequent recognition by Monaco.

    On a per capita basis, Monaco is the wealthiest entity in Europe, much of it being inherited wealth. At least half of the population claims to be "domiciled" in Monaco solely for its tax benefits. But in order to qualify to do so, they must also own an actual property within the tiny principality, even if it is nothing more than a one-room condo. In fact, to accommodate the "overflow" of eager "customers," Monaco has almost doubled its size by filling in the adjacent seashore to create more dry land for real estate development. I have literally walked along the seawall border that stretches out into the Mediterranean at the westernmost edge of Monaco, noting that on the one side is the newly-created dry land of Fontvieille in Monaco, while on the other is the deep blue Mediterranean and the boat harbor of Cap-d'Ail, France.

    Most of the people who work within the principality actually live a few blocks inland, just within the boundaries of the adjacent municipality (commune) of Beausoleil, France. The majority are thus engaged in various service industries catering to the ultra-rich of Monaco who have ensconced themselves within the principality for tax avoidance purposes. Within this tiny, narrow strip, there's only one area right around the railway station, called Monaco-Ville, where normal people of relatively modest means actually live.

  • 17. VIRick  |  December 6, 2019 at 7:19 pm

    Colombia: First Openly Gay Municipal Mayor Given Award

    Per Caribe Afirmativo:‏

    Felicitamos a Julian Bedoya, primer alcalde abiertamente gay de Colombia, quien acaba de ser condecorado como el mejor alcalde comunal del Valle Del Cauca, por su labor en materia social, inversión en las zonas rurales, y desarrollo de infraestructura en el municipio de Toro.
    https://twitter.com/Caribeafirmativ

    We congratulate Julian Bedoya, the first openly gay mayor of Colombia, who has just been awarded as best communal mayor of Valle Del Cauca, for his work on social matters, investment in rural areas, and development of infrastructure within the municipality of Toro.

  • 18. VIRick  |  December 6, 2019 at 8:24 pm

    Sinaloa Congress Just Provided Us with Grounds for an "Action of Unconstitutionality"

    Sinaloa will have marriage equality by early 2021 via an "Action of Unconstitutionality" strike-down by the Supreme Court due to the approval of this relatively minor change in its Family Code, while simultaneously leaving the man-woman definition of marriage untouched:

    Per LGBT Marriage News:

    El Congreso de Sinaloa reformó el Código Familiar para que no haya límite de plazo para que se exija pensión alimenticia cuando los padres se separan. Eliminan trato desigual en concubinatos y matrimonios. Con votación unánime de los diputados durante la sesión ordinaria de este jueves, el 5 de diciembre 2019, respaldaron derogar el párrafo segundo del Artículo 171 del Código Familiar para que no se limite a los concubinos a un año el plazo para demandar pensión alimenticia después de la separación.

    La diputada de Morena, Francisca Abelló Jordá, consideró que el trato era discriminatorio entre las parejas que viven bajo el régimen de matrimonio o de concubinato; por ello, la Comisión que preside: la de Equidad, Género, y Familia, presentó la iniciativa que el pleno avaló.
    https://lineadirectaportal.com/sinaloa/eliminan-t

    The Sinaloa Congress reformed the Family Code so that there is no time limit for requiring alimony when the parents separate. They eliminated unequal treatment between cohabitation and marriage. With a unanimous vote of the deputies during the ordinary session of this Thursday, 5 December 2019, they supported repealing the second paragraph of Article 171 of the Family Code so that the term for demanding alimony is not limited to one year after separation for cohabitants.

    The Morena deputy, Francisca Abelló Jordá, considered the treatment was discriminatory between couples who are living under the regime of marriage v. that of cohabitation; therefore, the presiding Committee: that of Equity, Gender, and Family, presented the initiative that the full congress endorsed.

    Per Rex Wockner:

    If the new law contains language saying that marriage is still only between a man and a woman (and it does), then various government entities can challenge that within 30 days of publication. In the 5 states whose marriage equality bans were terminated this way, it was the CNDH that filed the "Action of Unconstitutionality" at the SCJN.

  • 19. VIRick  |  December 6, 2019 at 9:22 pm

    Monaco Recognizes Civil Unions for All Couples

    Per Rex Wockner:

    Monaco Reconnaît l'Union Civile pour Tous les Couples

    La Principauté de Monaco a adopté ce mercredi, 4 de décembre 2019, un projet de loi permettant aux couples hétérosexuels comme homosexuels de s'unir en union civile. Ce contrat, proche du Pacs (de France), permet aux couples non-mariés d'exister juridiquement.

    Le Conseil National de Monaco a adopté à l'unanimité un projet de loi permettant à tous les couples, de même sexe ou de sexe différent, de s'unir grâce à un contrat d'union civile, une forme d'union déjà reconnue dans la plupart des pays d'Europe. Ce contrat sera également ouvert aux membres d'une même famille qui vivraient ensemble.

    Cette loi va ouvrir des droits en cas de maladie, des droits de succession, mais aussi permettre la co-titularité d'un bail, pour tous les couples qui se seront uni avec le contrat civil, et qui seront passés devant le notaire.
    https://www.bfmtv.com/societe/monaco-reconnait-l-

    This Wednesday, 4 December 2019, the Principality of Monaco adopted a bill allowing heterosexual as well as homosexual couples to be united in civil unions. This contract, close to the Pacs (of France), allows unmarried couples to exist legally.

    The National Council of Monaco unanimously adopted a bill allowing all couples of the same or different sex to unite under a civil union contract, a form of union already recognized in most European countries. This contract will also be open to members of the same family who live together.

    For all couples who will be united with the civil contract, and which will be signed before a notary, this law will open certain rights in case of illness, as well as the rights of inheritance, while also permitting the co-ownership of a lease.

    Note: Most all condo properties in Monaco are "owned" by its "owners" who hold title to the property by means of a long-term lease, while the building's true owner, for a fat annual fee, manages the year-round upkeep and maintenance of the building and common grounds itself (while providing employment for some of the many service workers who live across the border in Beausoleil, France).

  • 20. VIRick  |  December 6, 2019 at 10:35 pm

    Chihuahua: Trans Persons Can Adapt Birth Certificate Information without Amparo

    Chihuahua: Personas Trans Pueden Adecuar Acta de Nacimiento sin Amparo

    El 26 de noviembre 2019, el Registro Civil nos informó que, en cumplimiento a la jurisprudencia emitida por el pleno del Décimo Séptimo Circuito, ya no se les negará la adecuación en sus actas de nacimiento, por lo que no será necesario interponer un juicio de amparo, permitiendo que tengan acceso a su derecho a la identidad y nombre, respetando sobre todo, la igualdad.
    https://www.proceso.com.mx/608332/en-chihuahua-pe

    On 26 November 2019, the Civil Registry informed us that, in compliance with the jurisprudence issued by the full court of the Seventeenth Circuit, they will no longer be denying adaptation for birth certificates, so it will no longer be necessary to file for an amparo, allowing everyone to have access to their right to identity and name, respecting above all, equality.

    This change makes Chihuahua jurisdiction #11 within Mexico to allow for self-determination of gender identity.

  • 21. Randolph_Finder  |  December 7, 2019 at 5:51 am

    The article from bfmtv talks about Monaco being one of the last countries in Europe to have PACS/Civil Unions. To me that is a significant exageration. According to Wikipedia, 29 of the 50 countries in Europe have the ability for a couple to *get* a Civil Union (or better) in the country (A few additional give rights for couples brought together elsewhere because of an ECHR decision)

    One of the last in *Western* Europe, sure.I think the only area left in *anyone's* definition of Western Europe with no recognition at all (and no plans) is Vatican City.

  • 22. JayJonson  |  December 7, 2019 at 6:33 am

    Thanks, Rick, for this very informative answer. You are an amazing world traveler, and you not only get around, but you also learn an enormous amount while in these various places you visit. I always learn a great deal from your posts.

  • 23. Randolph_Finder  |  December 7, 2019 at 2:52 pm

    From what I can tell, this PACS-lite has more to do with taxes and inheritance than health and welfare. The cheering for this law will be in the accountants offices rather than on the streets. I'm still glad to have it though.

    There is sort of a RC church is still too strong for Marriage Equality in Southeastern Europe Club with Andorra, Monaco, Liechtenstein, Austria Italy and (maybe) Slovenia in it. I'm not sure whether Switzerland belongs in Club or not.

  • 24. VIRick  |  December 8, 2019 at 2:35 pm

    Spain: LGBT History from 2000: First Same-Sex Marriage in Orense and Galicia (and one officially acknowledged)

    Per LGBTIQ:

    El 6 de octubre 2000, cinco años antes de que el PSOE sacara adelante la reforma del Código Civil de España en 2005 que daba paso al matrimonio igualitario, en Orense hubo esta 'boda:'
    https://twitter.com/LGTBNews

    On 6 October 2000, five years before the PSOE carried out the reform of the Civil Code of Spain in 2005 that gave way to marriage equality, there was this 'wedding' in Orense:

    Dos Homosexuales se 'Casan' en el Concello de Ourense

    El Concello de Ourense acogió la primera unión pública entre homosexuales de Galicia. Tanta normalidad quisieron transmitir los invitados que hasta olvidaron el arroz, adquirido a última hora cuando la pareja estaba a punto de salir de la casa consistorial. Alberto Blanco y Lázaro González celebraron su inscripción en el Registro de Parejas del Concello de Ourense, como si fuese una boda más. Hasta llegaron con quince minutos de retraso.

    El concejal Alexandre Sánchez Vidal fue quien ofició, destacando en una corta intervención la valentía de los dos protagonistas al reconocer su condición de homosexuales y el simbolismo del acto, que en su opinión, "Nos fai a todos mais libres, máis iguais, no camino da emancipación." La fórmula que eligió el edil fue también original, preguntando a cada uno de ellos si "Aceitas a (…..) como compañeiro, en convivencia mutua, baixo o signo do amor, e o respeito recíprocos, e a mutua axuda."
    https://www.lavozdegalicia.es/noticia/ourense/our

    Two Gay Men 'Marry' in the City Council of Orense

    The City Council of Orense hosted the first public union between homosexuals in Galicia. So much normality had been positively transmitted that the guests even forgot the rice, acquired at the last minute when the couple was about to leave from city hall. Alberto Blanco and Lázaro González celebrated their registration in the Registry of Couples at the City Council of Orense, as if it were one more wedding. They even arrived fifteen minutes late.

    The council member Alexandre Sánchez Vidal was the one who officiated, highlighting in a short message the courage of the two protagonists in recognizing their status as gay men and the symbolism of the act, which in his opinion, "Makes us all more free, more equal, on the road toward emancipation." The formula chosen by said member was also original, asking each one of them if "You accept (…..) as a companion, in mutual co-existence, under the sign of love, reciprocal respect, and mutual assistance."

    Note: The quotes from the councilor are in Gallegos, a cross between Spanish and Portuguese, but much more akin to Portuguese, and the language of northwest Spain.

    Note for Fortguy: Per "baixo" and/or "axuda," in Gallegos, the sound conveyed by the letter "x" is the same as in English "sh." Since quite a few sailors from this region of Spain participated in the early nautical expeditions to the New World, it is likely that they utilized the same letter "x" to convey the same "sh" sound encountered in Yucateca Maya.

  • 25. VIRick  |  December 8, 2019 at 6:33 pm

    Spain: LGBT History from 1901: The Love Story of Elisa and Marsela (using disguise, first Catholic Church same-sex marriage, and one recorded in the civil registry of A Coruña)

    The first recorded same-sex marriage in the modern era occurred in a Catholic church in A Coruña, Spain, on the morning of 8 June 1901. On that date, Marcela Gracia Ibeas and Elisa Sánchez Loriga married each other in the parish church of San Jorge in said city in the Portuñol-speaking (Gallegos) northwest corner of the country.

    On the occasion, Elisa dressed as a man and called herself Mario. In the aftermath, both soon lost their teaching jobs. In 1902, the pair departed for Buenos Aires.

    The film-maker Isabel Coixet has announced that she has turned this true story into a film which will be released later in 2018 on Netflix.
    https://www.imdb.com/title/tt6704898/
    https://www.bbc.com/news/world-europe-43057841

    See BBC article for a copy of their posed wedding photo, taken on day of marriage.

  • 26. bayareajohn  |  December 9, 2019 at 2:01 pm

    Later in 2018 sounded wrong, checking the links, the BBC story is dated nearly 2 years ago. The movie is presently on Netflix, looks like it was released mid 2019. This doesn't detract at all from the interesting post – but knowing the movie is now out is good.

  • 27. VIRick  |  December 9, 2019 at 5:02 pm

    Puebla: Unconstitutional Law Published

    Per Rocío García Olmedo‏ (PRI), deputy:

    El 6 de diciembre 2019, el Periódico Oficial del Estado de Puebla ha publicado las reformas aprobadas en el Congreso de Puebla que mantienen como ilegal el matrimonio igualitario. Con esto es posible iniciar el proceso de inconstitucionalidad.
    https://twitter.com/rgolmedo

    On 6 December 2019, the Official Newspaper of the State of Puebla has published the reforms approved in the Puebla Congress that maintain equal marriage as illegal. With this it is possible to start the unconstitutionality process.

  • 28. allan120102  |  December 10, 2019 at 12:15 am

    I am honestly confuse rick. I am not sure if ss couples can still marry in the state without amparo. The supreme court already struck down the ban but this one look to have suspend the ruling.

  • 29. Fortguy  |  December 10, 2019 at 1:36 pm

    Interesting. The Galician x pronunciation utilized for Mayan words certainly seems very plausible. Certainly, Galicians made up a significant portion of colonial settlers as evidenced by how common the surnames Gallego and Gallegos are in the New World such as Rep. Ruben Gallego (AZ-7) and my former congressman, Pete Gallego, who was Rep. Will Hurd's predecessor in TX-23. I'm sure there are other representative surnames as well. I just don't know what they are since I'm not familiar with that language.

  • 30. VIRick  |  December 10, 2019 at 4:22 pm

    Allan, I am equally uncertain. The new law alluded to, as is universal throughout Mexico, did not take effect until the date of its official publication, 6 December 2019. In the interval, as recently at 7 November 2019, the first same-sex marriage occurred in the town of Tecamachalco, in the east-central part of Puebla state, the second for that region, with the first having taken place some time ago in Tepeaca.

    In the meantime, per the same Puebla Congress deputy, Rocío García Olmedo‏ (PRI):

    El 11 de noviembre 2019, he presentado nuevamente reformas al Código Civil del Estado de Puebla para reconocer no solo el matrimonio igualitario sino también el concubinato entre personas del mismo sexo. Se trata de mantener vigente estas iniciativas y evitar que se sigan violando derechos humanos.

    On 11 November 2019, I have once again presented reforms to the Civil Code of the State of Puebla to recognize not only marriage equality but also cohabitation between persons of the same sex. It is about keeping these initiatives up-to-date and to avoid the following violation of human rights.

    And now, she is adamant about the state CEDH filing an "Action of Unconstitutionality" against this new law that would maintain equal marriage as illegal, despite the Supreme Court having already declared Puebla's definition of marriage unconstitutional, a definition which, in the man-woman portion, has remained unaltered. As of 10 December 2019, she filed a formal request with the CEDH demanding that they act on this matter.
    https://www.lajornadadeoriente.com.mx/puebla/pri-

    Meanwhile, we need to keep a watch as to whether or not any more same-sex couples marry in Puebla state. I expect that marriages will continue. Personally, I am doubtful that an obviously unconstitutional law can over-ride a Supreme Court decision which has already struck down the same language as being unconstitutional.

    Note: The new law removed the objective of marriage as being "the perpetuation of the species" (“perpetuar la especie"), while retaining the man-woman portion (contrato civil entre un solo hombre y una sola mujer). Both concepts are unconstitutional.
    https://www.lajornadadeoriente.com.mx/puebla/pri-

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