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8/3 open thread and news update


– The Supreme Court is being asked to hear a case challenging an Oregon school district’s trans-inclusive policy regarding bathrooms and other areas.

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

Thanks to Equality Case Files for these filings


  • 1. VIRick  |  August 3, 2020 at 1:31 pm

    Latin America and the Caribbean: Population and Marriage Equality

    Here are some statistics on population for Latin America and the Caribbean in relation to marriage equality. At first glance, by only counting the number of countries, the situation appears fairly daunting, but by noticing populations, the situation shifts quite dramatically in our favor. Including Puerto Rico as a Latin Caribbean nation, at the moment, there are only 8 jurisdictions out of 34 with marriage equality. Two more recognize civil unions for same-sex couples, while the remaining 24 do not recognize any form of union.

    In 2019, the estimated total population for the entire region south of the US border was 647 million. However, of that total, 463 million (or 71.5%) live in one of those 8 jurisdictions. This very lop-sided result comes about because the Big 4 in population, Brasil, Mexico, Colombia, and Argentina, #1-4 in population, have all legalized marriage equality. In addition, so have 4 more jurisdictions with smaller populations, Ecuador #9, Costa Rica #18, Uruguay #20, and Puerto Rico #21.

    An additional 30.5 million (or 4.7%) live in Chile and Bolivia, #7 and #10 in population respectively, both of which have recognized civil unions/free unions for same-sex couples. Adding these two categories together thus takes us up to 76.2% of the entire population of Latin America and the Caribbean living in a jurisdiction with some form of legal recognition of same-sex unions.

    The remaining 24 nations that do not recognize any form of same-sex union, with 153.5 million in population, only account for 23.8% of the grand total. In this category, the most-populous are Perú #5 (or 5%), followed by Venezuela #6 (or 4.4%), Guatemala #8 (or 2.7%), Cuba #11, Haiti #12, and Dominican Republic #13 (or about 1.7% each, for the latter 3). Beyond that, the remaining 18 consist of a plethora of smaller-population nations in the remainder of Central America and the Caribbean, plus Paraguay, with 7 of them having between 1.4 and 9.8 million in population, and with the last 11 all well under 1 million each.

    These figures do not include the US Virgin Islands and the 3 French Overseas Departments (all with marriage equality), the 4 Dutch jurisdictions (with marriage equality or recognition), and the 6 diminutive British Overseas Territories (one with marriage equality and the others on the verge of having marriage equality imposed). These several groups, most with marriage equality, also have relatively small populations (about 1.0 million combined) that do not skew the results (favorably) by more than a small fraction. If recalculated, they would bring the total living in a marriage equality jurisdiction up to 71.6%, while dropping the percentage of those living in a jurisdiction without any recognition to 23.7%.

    The population of the USA is 326.2 million and that of Canada is 35.8 million, for a combined population of 362 million. Thus, at 463 million, there are over 100 million more people living in a marriage equality jurisdiction in Latin America than in all of Anglo/Franco North America.

    If added together, the combined population for all of the Americas is 1010 million, of which about 826 million (or 81.8%) live in a jurisdiction with marriage equality, while an additional 3.0% live in a jurisdiction with some form of legal recognition. Only 15.2% of all people in the Americas live in a jurisdiction without any recognition of same-sex unions.

  • 2. JayJonson  |  August 6, 2020 at 5:27 am

    Thank you very much for this astute analysis. Too often we compare jurisdictions rather than the number of people affected by policies in them. Your analysis clarifies a number of issues.

  • 3. Randolph_Finder  |  August 3, 2020 at 8:02 pm

    Thinking about the Americas as continents in ViRick's description above, I was thinking about ranking the continents from worst to best for Marriage Equality.

    1) Africa. Thank you South Africa, but you are pretty much alone on the continent and most of the rest of it ranges from horrid to lets not even think about it until the death penalty is removed.
    2) Asia. Beats Africa only due to the fact that the largest countries (China and India) will at least talk about the concept.
    3) Europe. Some of the best and a few really bad. Russia on its own pushes this down.
    4) North America. Lots of Central America and the Caribbean still to go, a few of which actually might still consider prison a possibility
    5) South America. Barely noses out North America, only one nation left that has prison as a penalty.
    6) Australia. Every definition of Australia as a continent includes both Papau New Guinea which is bad and Indonesia which has a decent chance of going backwards.
    7) Antarctica. Every nation that actually has a registered claim in Antarctica has Marriage Equality except Chile and ME equality in Chile is likely to come either this year or next.

  • 4. VIRick  |  August 4, 2020 at 2:05 pm

    Puerto Rico: First Double-Transgender Couple Records Birth of Their Child

    Per Pedro Julio Serrano:

    Hoy, el 4 de agosto 2020, una pareja trans, Esteban y Danna, celebran la entrega del certificado de nacimiento de su hijo, Ariel!

    Today, 4 August 2020, a trans couple, Esteban and Danna, celebrate the receipt of the birth certificate of their son, Ariel!

    Per the couple:

    Hicimos historia en Puerto Rico al ser los primeros padres transgéneros en tener el acta de nacimiento de nuestro hijo, Ariel Landrau Pérez, legitimando nuestra transición.

    We made history in Puerto Rico as the first transgender parents to obtain the birth certificate for our son, Ariel Landrau Pérez, legitimizing our transition.

  • 5. VIRick  |  August 5, 2020 at 12:49 pm

    Mexico: Supreme Court: ¡Ya lo Ha Dicho la Corte! (The Court Has Already Said It)

    Per Suprema Corte (SCJN):

    Negar a las parejas del mismo sexo el derecho a casarse perpetúa la idea de que son menos merecedoras de reconocimiento que las parejas heterosexuales, ofendiendo con ello su dignidad como personas y su integridad.

    To deny same-sex couples the right to marry perpetuates the idea that they are less deserving of recognition than heterosexual couples, thereby offending their dignity as individuals and their integrity.

    For the first time in its history, the Supreme Court of Mexico (SCJN) appears poised to rule against a state congress for having voted against marriage equality by declaring that such a negative vote is itself unconstitutional and thus invalid. Such a ruling of unconstitutionality against any number of state congresses, whose members prefer to grandstand and pander rather than legislate, is long overdue.

    However, in the past, the Supreme Court of Mexico has not encountered anywhere near as much intransigence and obstinacy from its other rulings on other social issues, and thus has never extended itself into ruling that negative actions by a state congress, in direct defiance of the Supreme Court, is itself unconstitutional. If forced to rule in such a way on the issue of marriage equality, it will result in a manifold expansion of the powers of the Supreme Court, a point that, of itself, is also long overdue.

    From what is understood, the Chief Justice of the Supreme Court of Mexico, Arturo Zaldívar Lelo de Larrea, is pissed, and has been signaling of late that the court is leaning in this direction in their upcoming decision against the state congress of Yucatán for having twice voted against marriage equality. Such a ruling will have an immediate impact upon Yucatán, of course, but also upon Baja California, Sinaloa, Durango, and Zacatecas, additional states whose congresses have also voted against implementing marriage equality into state law, while Veracruz just gained its own separate "Actions of Unconstitutionality" against it for having passed "civil unions," rather than marriage equality (see separate post further below).

    Notice that the Supreme Court itself posted the first tweet, complete with a link that carried one to the full statement of their 2015 jurisprudential thesis. By their having done so, one is left with the distinct impression that the Court is stating that 5 years of procrastination by various state congresses, particularly by those emitting negative votes on marriage equality legislation, is no longer tolerable.

  • 6. VIRick  |  August 5, 2020 at 3:00 pm

    Bolivia: Civil Registries Should Recognize Same-Sex Unions

    Per Human Rights Watch:

    The national civil registry (Registro de Servicio Cívico, SERECÍ) of Bolivia should comply with a court ruling to register a same-sex couple’s relationship as a “free union,” Human Rights Watch said today, 5 August 2020. All civil registries in Bolivia should end discrimination against same-sex couples and start registering their relationships as free unions.

    The case stemmed from an October 2018 effort by David Aruquipa and Guido Montaño, a gay couple who have been together for over a decade, to register their relationship as a free union under the Bolivian Code of Families. The Bolivian Constitution states that free unions between a man and a woman have the same effects as a civil marriage, including with respect to the couple’s property and children.

    Under a 3 July 2020 ruling by the Second Constitutional Chamber of the La Paz Departmental Tribunal, the national civil registry must register their relationship as a free union by 10 August. In striking down the national civil registry’s resolution, the court made clear that the Bolivian Constitution requires laws and administrative procedures be interpreted in a manner consistent with the principles of equality and non-discrimination, including on the basis of sexual orientation, as enshrined in the constitution.

    The court also held that the civil registry had violated the couple’s due process rights, in part because it had not considered Bolivia’s international legal obligations. Bolivia’s Constitutional Court has previously ruled that domestic law needs to be interpreted in a manner consistent with international human rights obligations.

    The La Paz court also cited a landmark 2017 opinion by the Inter-American Court of Human Rights (OC24/17), affirming that under the American Convention on Human Rights, all rights applicable to the family relationships of heterosexual couples should also extend to same-sex couples. The ruling provides an authoritative interpretation of the American Convention on Human Rights, to which Bolivia is a party.

  • 7. VIRick  |  August 5, 2020 at 5:37 pm

    Cayman Islands Governor Imposes Domestic Partnerships

    Per LGBT Marriage News:

    The Governor of the Cayman Islands, Martyn Roper, will impose the defeated Domestic Partnership Bill, one which will be published on Monday, 10 August 2020, with 3 weeks of consultations to follow. The UK will not be imposing marriage equality, but the LGBT marriage appeal case is still proceeding before the Privy Council in the UK.

    However, there are flaws with the domestic partnership bill, not the least being the creation of a register of same-sex partners, which people feel could act as an open invitation to abuse same-sex couples. Nevertheless, the governor said he will publish the bill on Monday, opening a consultation period for 21 days before assenting to the bill and making domestic partnerships for same-sex couples legal by September.

    The governor pointed out that the Court of Appeal was clear that Cayman is in breach of the Bill of Rights in the Constitution and the European Convention on Human Rights (ECHR) by failing to put in place a framework for same-sex couples that is functionally equivalent to marriage. The Domestic Partnership Bill satisfies that legal requirement and at the same time maintains the current definition of marriage, he said.

    “The question of same-sex marriage is currently before the Privy Council and they will reach a decision on the appeal early next year. I believe it is therefore imperative that the Domestic Partnership Bill is passed into law so that the discrimination suffered by Chantelle Day and Vicky Bodden-Bush, and others in same-sex relationships, is brought to an end as required by the Court of Appeal.”

  • 8. VIRick  |  August 6, 2020 at 11:55 am

    LGBT Primary Results: Michigan, Kansas

    State Rep. Jon Hoadley (D-Kalamazoo), in his effort to become Michigan’s first openly gay member of Congress, and who served as president for the now-closed National Stonewall Democrats, won the contested primary in Michigan's 6th congressional district by claiming 53.3 percent of the vote, in comparison to teacher Jen Richardson, who had 47.7 percent.

    On Wednesday, 5 August 2020, the Associated Press declared Hoadley the winner the day after the primary. According to, election results slowed in Kalamazoo with increased absentee voting amid the coronavirus pandemic, which resulted in delays in declaring the winners. Hoadley will advance to the general election, where he’ll face Rep. Fred Upton (R-MI), who has a reputation as a moderate in the solidly Republican district.

    In Kansas, Stephanie Byers won her primary for a state House seat and is headed toward becoming the first openly transgender person ever elected to public office in Kansas. Nationwide, only four other out trans people have been elected and are currently seated to serve in state legislatures.

    Also in Kansas, Republicans nominated US Rep. Roger Marshall to run for US Senate, as opposed to the more right-wing, Peter Thiel-backed Kris Kobach. All the Republicans in the primary, however, have anti-LGBTQ records, some worse than others.

  • 9. VIRick  |  August 6, 2020 at 12:31 pm

    Washington State: Out Gay Candidate for Lt. Governor in General Election

    Marko Liias, a gay man, appears to have advanced to the general election for lieutenant governor in Washington State. Liias, currently a state senator, finished second to fellow Democrat Denny Heck in Washington State, which has a top-two primary system. The two top vote recipients in the primary face each other in the general election, regardless of party. Heck is currently a member of the US House, representing the Olympia-area 10th District.

    After votes were counted Tuesday night, 4 August 2020, Heck had 27.7 percent and Liias 16.6 percent, with nine other candidates far out of the running, "The Seattle Times" reports. More ballots are still to be counted.

    If Liias were to become lieutenant governor, he would be Washington State's first out statewide executive, as Washington's only other out statewide official is lesbian Supreme Court Justice Mary Yu. He would also be only the second out lieutenant governor ever elected in the nation, after Josh Tenorio of Guam, according to the LGBTQ Victory Fund, which endorsed Liias.

  • 10. VIRick  |  August 7, 2020 at 6:14 pm

    El Salvador: First Openly Gay Man to Run for Deputy for Legislative Assembly

    Primer Hombre Abiertamente Gay Competirá para Diputado en El Salvador

    En el territorio salvadoreño están programadas para el 28 de febrero del 2021, las elecciones para diputados de la Asamblea Legislativa y Parlamento Centro Americano, como también de Gobiernos Municipales; dichas elecciones han sido muy esperadas por todo el pueblo salvadoreño debido al descontento que se tiene por el supuesto mal actuar de los congresistas que actualmente ocupan los curules en el palacio legislativo.

    Erick Iván Ortiz es un hombre gay de 29 años con estudios en economía de la Escuela Superior de Economía y Negocios (ESEN), también tiene una especialización en Derechos Humanos por la Universidad Luis Amigó de Medellín, y con formación en liderazgo social por George Mason University. En El Salvador, como en muchos otros países latinoamericanos, hay una invisibilidad histórica en lo que respecta al tema de representación política LGBTQ; Ortiz comenta que no se puede confiar solo en promesas de partidos que no manejan el tema y que dejan de lado el tema de derecho en sus agendas.

    In El Salvador, the elections for deputies to the Legislative Assembly and to the Central American Parliament, as well as that of municipal governments, are scheduled for 28 February 2021; Said elections have been highly anticipated by the entire Salvadoran people due to the discontent that exists over the alleged wrongdoing of the congressmen who currently occupy the seats in the legislative palace.

    Erick Iván Ortiz is a 29-year-old gay man who has studied economics at the Escuela Superior de Economía y Negocios (ESEN), also has a specialization in Human Rights from the Luis Amigó University of Medellín, and training in social leadership from George Mason University. In El Salvador, as in many other Latin American countries, there is an historical invisibility when it comes to the issue of LGBTQ political representation; Ortiz says that one cannot rely only on promises from parties that do not handle the issue and that omit the issue of law from their agendas.

  • 11. VIRick  |  August 7, 2020 at 6:33 pm

    Idaho: HB 509 Is Unconstitutional; Self-Perceived Gender Identity Is the Law

    Per Equality Case Files:

    Today, 7 August 2020, the federal district court in Idaho slapped down an effort by the Idaho legislature and Idaho Gov. Brad Little to resuscitate a ban preventing transgender people born in Idaho from changing the gender marker on their birth certificates to match their gender identity. In so doing, the judge held that Idaho state officials’ enforcement of House Bill 509 is currently in violation of the court’s permanent injunction issued in 2018 that declared any such ban unconstitutional and blocked its enforcement.

    Today's Memorandum Decision and Order in "F.V. and Martin v. Jeppesen" is here:

    On 30 March 2020, Idaho Gov. Brad Little signed into law HB 509, which reinstated the ban from 1 July 2020 on providing accurate birth certificates to transgender people born in Idaho, in the midst of the global COVID-19 pandemic. In response, Lambda Legal filed motions asking the US District Court to confirm that its earlier ruling already barred enforcement of the new law. The court did so today.

    Lambda Legal's press release on the ruling is here:

  • 12. VIRick  |  August 7, 2020 at 6:52 pm

    11th Circuit Court of Appeals Upholds Transgender Boy's Right to Enter Boys' Restroom

    Per Equality Case Files:

    On 7 August 2020, in "Adams v. School Board of St. Johns County," a case in which the defendants appealed the judgment that requires the Florida high school to give a transgender boy access to the boys' restroom, the 11th Circuit Court of Appeals' panel affirms the district court decision in favor of Drew Adams, in a 2-1 decision, holding that the district's policy of excluding him from the boys' restroom violates both Title IX and the US Constitution's guarantee of equal protection. Judge William Pryor dissents.

    In its analysis of the Title IX claim, the majority specifically cites the Supreme Court's ruling in "Bostock:" "Although Title VII and Title IX are separate substantive provisions of the Civil Rights Act of 1964, both titles prohibit discrimination against individuals on the basis of sex. … Both titles also employ a 'but-for causation standard,' which 'Bostock' found critical to its expansive interpretation of sex discrimination. Given these similarities, it comes as no surprise that the Supreme Court has 'looked to its Title VII interpretations of discrimination in illuminating Title IX' and its anti discrimination provisions. 'Bostock' confirmed that workplace discrimination against transgender people is contrary to law. Neither should this discrimination be tolerated in schools."

    The Opinion is here:

  • 13. VIRick  |  August 7, 2020 at 7:06 pm

    Arizona: Federal Suit Filed Against Arizona Medicaid Exclusion of Transgender Surgery

    Per Equality Case Files:

    On 6 August 2020, two transgender teens, identified by initials D.H. and pseudonym “John Doe," filed a class-action lawsuit challenging Arizona Medicaid’s categorical exclusion of surgery for transgender people. Plaintiffs have also filed a motion for a preliminary injunction that would stop enforcement of the regulation and order the state’s Medicaid program to cover male chest reconstruction surgery for D.H. and John Doe.

    The Plaintiffs are represented by NCLR and the National Health Law Program, with co-counsel King & Spalding LLP and Perkins Cole LLP. Their press release here:

    The case is "Hennessy-Waller v. Snyder," 4:20-cv-00335, filed in Arizona federal court and assigned to Judge Scott H Rash. The Complaint is here:

    The Motion for a Preliminary Injunction is here:

  • 14. Chiara Ballon  |  August 7, 2020 at 7:54 pm

    I cant believe you guys havent posted yet about the good news coming from Peru

  • 15. __M  |  August 7, 2020 at 10:18 pm

    What are the good news? Can you tell us more ?

  • 16. Fortguy  |  August 7, 2020 at 10:33 pm

    Tell us the good news. Searches on Google and Google News, even in Spanish, are coming up blank for me.

  • 17. __M  |  August 8, 2020 at 3:46 am

    Hi all, I just checked Google and think I got what the “good news” were about:
    The Superior Court of Lima (NOT the proper Constitucional Court of Peru) issued a judgment on a case presented by civil rights organizations in 2018 against the Civil Registry Office because if its failure to provide for and allow the change of name, image and reference to sex because of gender identity self-determination in public documents.

    The judgement was in FAVOUR of gender self-determination and appears to apply to ALL. The Civil Registry was given 1 year to action the necessary changes/protocols. The ruling can still be appealed. Importantly, the ruling notes that the Advisory Opinion by the IACHR in 2018 is fully BINDING in, and for Peru.

    Source in Spanish (interestingly from a Catholic news agency).

  • 18. __M  |  August 8, 2020 at 3:54 am

    Another source, a bit more “legalistic”. It seems the judgment also mandated the Health Service to update its softwares regarding sex recognition and explicitly mentions intersex people.

  • 19. VIRick  |  August 8, 2020 at 10:48 pm

    The court also mandated the Ministry of Labor to make some change in its procedures with regard to sex recognition, as well.

  • 20. __M  |  August 9, 2020 at 6:47 pm

    And they have now appealed the decision

  • 21. VIRick  |  August 9, 2020 at 10:08 pm

    OK, so RENIEC appealed. However, one presumes that they can only appeal that portion of the ruling pertinent to RENIEC. Thus, that still leaves those portions of the ruling directed against the Health Insurance Services Perú and against the Ministry of Labor, as that was a very broad ruling directed against a number of entities.

  • 22. VIRick  |  August 8, 2020 at 1:55 pm

    Chiara, next time, please directly post the news from Perú, or even a link to it, rather than teasing us by claiming to know something that the rest of us seemingly do not. For our part, we still do not know what you are claiming to be "good news."

    In the meantime, __M found a very important court judgment from 30 July 2020 concerning "auto-percibido" gender identity recognition, while today, 8 August 2020, I found a just-issued Decreto Supremo pertaining to the recognition of same-sex couples among health care personnel affected by COVID-19 (see new post below).

    Also, please note that whatever happened in Perú has no bearing upon a lawsuit against Medicaid Arizona for their refusal to cover transgender surgery. Instead of placing your comment as a reply to that lawsuit, it would be best to begin with a new reply.

  • 23. VIRick  |  August 7, 2020 at 8:09 pm

    North Dakota: Turtle Mountain Tribe of Chippewa Recognize Marriage Equality

    Per LGBT Marriage News:

    On 6 August 2020, the Council of the Turtle Mountain Tribe of Chippewa, with a vote of 6 to 2, "therefore it be resolved the tribe is adopting the amendments of Title 9 Domestic Relations Code of the Turtle Mountain Tribal Code and will be numbered and ratified accordingly in its entirety,” said Jamie Azure, Turtle Mountain Tribal Chairman. The same measure will also allow adoption by LGBT couples and singles.

    The Turtle Mountain Tribe of Chippewa is the first group of Native Americans in North Dakota to recognize marriage equality as law. Ridiculously enough, even the state of North Dakota itself has not up-dated state law to recognize reality.

  • 24. VIRick  |  August 7, 2020 at 8:41 pm

    Veracruz: Multiple "Actions of Unconstitutionality" Filed against State Civil Code

    Per Raúl Albores:

    La CNDH presentó 46 "Acciones de Inconstitucionalidad" ante la SCJN contra el Código Civil del Estado de Veracruz, por violación al derecho a la no discriminación, al impedir el matrimonio igualitario en dicho estado.

    The CNDH presented 46 "Actions of Unconstitutionality" before the SCJN against the Civil Code of the State of Veracruz, for violation of the right to non-discrimination, by preventing marriage equality in that state.

    So, there was "method to the madness," after all, behind Mónica Robles' (Morena) effort to pass comprehensive marriage equality legislation in the Veracruz state Congress. She tried and failed, and finally "settled" for the half-measure of "civil unions." Now, as anticipated all along, the CNDH and the SCJN, in due course, will finish the job for her.

    To date, this method has successfully worked against 5 other states, so it ought to work for a 6th occasion against Veracruz. Essentially put, if the congress makes any change to the state Family Code, but such change is not up to the standard of providing for marriage equality, then such inaction results in grounds for filing an "Action of Unconstitutionality" against the state congress. But 46 times? Apparently, they have filed a separate case against each of the many changes that were made in the comprehensive overhaul to the Family Code, as most other changes, other than marriage equality, were successfully passed. Presumably, the SCJN will consolidate. Still, one can see that there has been quite a flurry of new cases filed that have not yet had their identifying particulars listed:

  • 25. ianbirmingham  |  August 8, 2020 at 12:42 pm

    Polish MPs coordinate outfits to form a rainbow to show LGBT solidarity at homophobic president's swearing-in ceremony

    Polish opposition members of parliament on Thursday formed a rainbow with their outfits at President Andrzej Duda's swearing-in in solidarity with the LGBT community after he was accused of running a campaign laced with homophobic rhetoric.

    Duda, an ally of the ruling nationalist Law and Justice (PiS) party, argued ahead of the July vote that lesbian, gay, bisexual and transgender people 'are not people, it's an ideology'. His words were condemned by the opposition and members of the international community.

    The MPs, from Poland's 'Left' grouping, donned rainbow masks and brightly-coloured outfits in shades of the rainbow, sitting in rows, as Duda was sworn in, in the lower house of parliament, the Sejm.

    [Click through to the article for PHOTOS!]

  • 26. VIRick  |  August 8, 2020 at 1:40 pm

    Perú: Same-Sex Couples Recognized for Benefits among Health Care Personnel Affected by COVID-19

    Per DEMUS (Estudio para la Defensa de los Derechos de la Mujer, Lima, Perú):

    Decreto Supremo DS-220-2020-EF, emitido el 8 de agosto 2020, señala que, entre las personas beneficiarias de apoyo solidario al personal médico de salud afectado por COVID-19, están las parejas del mismo sexo, un gran paso para garantizar matrimonio igualitario.

    Supreme Decree DS-220-2020-EF, issued on 8 August 2020, indicates that, among the beneficiaries of solidarity support for medical health personnel affected by COVID-19, are same-sex couples, a big step toward the guarantee of marriage equality.

    Per Jeannette Llaja, abogado:

    El estándar de ddhh exigible es el matrimonio igualitario. Sin embargo, este es un precedente importante. Es la primera vez que en una norma se reconoce derechos a las parejas del mismo sexo. Bien MEF Perú (Ministerio de Economía y Finanzas) (DS 220-2020-EF). Esperamos los lineamientos del Ministerio de Justicia y DDHH Perú.

    The standard required by human rights is marriage equality. However, this is an important precedent. It is the first time that a law recognizes rights of same-sex couples. Good for MEF Perú (Ministry of Economy and Finance) (DS 220-2020-EF). We await the guidelines of the Ministry of Justice and Human Rights Perú.

    The decree in question, in its entirety, can be found here in "El Peruano:"

    In particular, note this portion of Anexo, Artículo 6.2:
    " . . . también se consideran personas beneficiarias a los y las convivientes del mismo sexo del personal de salud fallecido . . . "

    " . . . same-sex partners of the deceased health care personnel are also considered beneficiaries . . ."

  • 27. VIRick  |  August 8, 2020 at 4:15 pm

    Perú: Court Rules in Favor of Change of Names/Sex for Transsexuals at Civil Registry

    Perú: Corte Falla Favor de Cambio de Nombres y Sexo de Transexuales en Registro Civil

    Una corte del Perú ordenó al Registro Nacional de Identificación y Estado Civil (RENIEC), permitir a transexuales e intersexuales cambiar nombres, sexo, e imagen en sus documentos de identidad (DNI). En su sentencia del 30 de julio 2020, el Tercer Juzgado Constitucional Transitorio de la Corte Superior de Lima declaró fundada en parte una demanda de amparo interpuesta el 31 de mayo de 2018 por la ONG Promsex, en representación de una persona identificada como S.Y.H.M.

    “Declarar la existencia de un estado de cosas inconstitucional ante la ausencia de un procedimiento administrativo que permita el cambio de los prenombres, el sexo, y la imagen en los documentos nacionales de identidad y demás registros públicos de las personas transgéneras y de las personas intersexuales por constituirse violación sistemática al derecho a la identidad (de género) y libre desarrollo de la personalidad," se lee en la resolución.

    La corte da un plazo máximo de un año para aplicar su fallo, y señala que este se extiende no solo a la RENIEC y su Procuraduría, sino también al Seguro Social de Salud del Perú (EsSalud) y la Procuraduría Pública del Ministerio de Trabajo. La resolución argumenta que el fallo se basa en los estándares fijados en la Opinión Consultiva N° 24 emitida por la Corte Interamericana de Derechos Humanos (CIDH) en 2017.

    A court in Perú ordered the National Registry of Identification and Civil Status (RENIEC) to allow transsexuals and intersexuals to change names, sex, and image on their identity documents (DNI). In its judgment of 30 July 2020, the Third Constitutional Court of the Superior Court of Lima declared in favor of a claim for amparo filed on 31 May 2018 by the NGO Promsex, on behalf of a person identified as S.Y.H.M.

    “It declares the existence of an unconstitutional state of affairs in the absence of an administrative procedure that allows for the change of given names, sex, and image in national identity documents and other public records of transgender and intersex persons by constituting a systemic violation of the right to (gender) identity and free development of personality," the resolution reads.

    The court gives a maximum period of one year to apply its ruling, and notes that it extends not only to RENIEC and its Attorney-General's Office, but also to the Social Service Health Insurance of Peru (EsSalud) and to the Public Attorney's Office of the Ministry of Labor. The resolution argues that its ruling is based on the standards set in Advisory Opinion No. 24 issued by the Inter-American Court of Human Rights (CIDH) in 2017.

  • 28. __M  |  August 9, 2020 at 6:48 pm

    It seems the annoying RENIEC has appealed the decision already.

  • 29. VIRick  |  August 9, 2020 at 9:08 pm

    Perú: RENIEC Appeals Judicial Ruling Allowing LGBTI Community to Change Data on DNI

    Perú: RENIEC Apela Fallo Judicial que Permite que Comunidad LGBTI Cambien Datos en DNI

    Luego que el Tercer Juzgado Constitucional Transitorio de la Corte Superior de Justicia de Lima decidiera ordenar que el Registro Nacional de Identificación y Estado Civil (RENIEC) implementara un procedimiento que permita que personas transgéneras e intersexuales puedan cambiar legalmente sus prenombres, sexo, y demás datos personales, la entidad decidió apelar a dicha ordenanza el 9 de agosto 2020.

    El jefe de Imagen Institucional de RENIEC, Benito Portocarrero, sostuvo que la decisión de apelar no responde a un acto de discriminación.

    After the Third Transitory Constitutional Court of the Superior Court of Justice of Lima ordered the National Registry of Identification and Civil Status (RENIEC) to implement a procedure that allows transgender and intersex people to legally change their first names, sex, and other personal data, the entity decided to appeal said orders on 9 August 2020.

    RENIEC's head of Institutional Imaging, Benito Portocarrero, maintained that the decision to appeal does not correspond to an act of discrimination.

    DNI – Documento Nacional de Identidad (National Identity Card)

    This appeal is nuts, as it only delays the inevitable concerning a gender identity procedure that was to have been implemented several years ago. This is not the first court ruling on this subject against RENIEC. In fact, I distinctly recall erroneously thinking that the "auto percibido" gender identity procedure from an earlier court ruling had actually been implemented. Had that been true, the instant lawsuit and this resulting court ruling would not have been necessary.

    RENIEC needs to adjust itself to reality, as every other neighboring nation abutting Perú has already implemented "auto percibido" gender identity, a point, too, that has been mandated by the CIDH in its binding marriage equality/gender identity ruling, OC-24/17. If Colombia, Ecuador, Brasil, Bolivia, and Chile (as well as Argentina and Uruguay) can all manage to allow for name/gender adjustments for transgender and intersex citizens on birth certificates/identity cards, then surely Perú can be one of the last to do so and follow suit. National pride alone should spur Perú to be less dysfunctional than Venezuela and less retrograde than Paraguay, the only other Latin nations in South America currently without "auto percibido" gender identity.

    In fact, the same trio, Perú, Venezuela, and Paraguay, are also the same 3 Latin nations in South America still without marriage equality or some form of recognition of same-sex unions, be it as civil unions or free unions.

  • 30. VIRick  |  August 8, 2020 at 5:36 pm

    Problem Having Marriage Equality in Some Jurisdictions, Not in Others, during Pandemic

    Per Rodrigo Herrera:

    El matrimonio igualitario no es realidad en los lugares que llamamos hogar: (Villahermosa, Tabasco, y San Pedro Sula, Honduras) y en medio de la crisis, hay quienes hoy no creen que sea prioridad tener la certeza legal necesaria para tomar decisiones difíciles durante la pandemia.

    Marriage equality is not a reality in the places we call home: (Villahermosa, Tabasco, and San Pedro Sula, Honduras) and in the midst of the crisis, there are those today who do not believe it to be a priority to have the legal certainty necessary to make difficult decisions during the pandemic.

  • 31. VIRick  |  August 8, 2020 at 5:58 pm

    Poland: The Polish "Stonewall," Protesters Decry Government’s Anti-LGBT Attitudes

    Per Rex Wockner:

    Today, 8 August 2020, demonstrators turned out in Warsaw and other Polish cities to protest against the anti-LGBT attitudes promoted by the government, as well as by the detention of pro-LGBT protesters. “You will not lock all of us up!” people chanted at a protest in Warsaw that drew thousands of mostly young people. Most wore masks for the coronavirus pandemic. Similar protests took place in Krakow, Lublin, Wroclaw, and other places.

    The protests came a day after LGBT rights supporters in Warsaw scuffled with police who arrested a transgender activist, Malgorzata Szutowicz, known best as “Margot.” Police said they detained 48 people, while activists said police used rough tactics against them. “The police were aggressively pushing the protesters out of the way, knocking people to the ground and holding them down with their boots,” said the Campaign Against Homophobia, a Warsaw-based group.

    The protests come amid an intensifying standoff in Poland between the LGBT rights movement and the conservative government, which has declared it an alien, dangerous “ideology.” President Andrzej Duda, who was sworn in for a second term on Thursday, 6 August, won re-election on a strong anti-LGBT platform, and social tensions have been rising.

    Some critics accuse the government of stoking tensions in order to channel attention and anger away from what they say are plans to further erode the rule of law under the populist governing party. Last week, the Justice Ministry said it is preparing legislation that would require non-governmental groups to declare any foreign funding sources, echoing laws passed in Russia and Hungary that critics say are meant to hamstring groups critical of authorities.

    Szutowicz was put in pre-trial detention for two months for acts of civil disobedience, including using a knife to cut the tires of a van that drives around broadcasting anti-LGBT messages, including a claim that “homosexuals are preparing society to accept pedophilia.” Police allege she also used violence against the driver of the van, shaking and pushing him. She belongs to a group called Stop Bzdurom (Stop the Nonsense), which has been putting rainbow flags and anarchist symbols on Warsaw statues, including one of Jesus, infuriating the conservative government.

    This is a big news story. Here is what others have to say:
    • Reuters:
    • ILGA-Europe:
    • Human Rights Watch:

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