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11/23 open thread and some settlement news


– We mentioned this before, but the Arlene’s Flowers case has officially settled. The terms and more at that link via Equality Case Files.

Fulton v. Philadelphia, the LGBTQ foster care case, has settled.

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


  • 1. VIRick  |  November 23, 2021 at 3:16 pm

    Chile: Chamber of Deputies Approves Marriage Equality Legislation

    Per MOVILH:

    APROBADO: Hoy, el 23 de noviembre 2021, por 101 votos a favor, 30 en contra, y 2 abstenciones, la Cámara de Diputados aprueba el matrimonio igualitario. Falta solo un trámite en el Senado para que el projecto sea ley.

    APPROVED: Today, 23 November 2021, with 101 votes in favor, 30 against, and 2 abstentions, the Chamber of Deputies approves marriage equality. It is only missing one procedure in the Senate in order to become law.

    The Chilean Chamber of Deputies consists of 155 members. Thus, an additional 22 members were not present/did not vote.

    Although the Senate has already passed its own version of the bill, the Senate must now pass the Chamber of Deputies version of the measure, and can do so in a pro forma manner (the one missing procedure mentioned above). This second version contains several recently-added, important provisions, mostly related to adoption by same-sex couples, that are missing from the Senate version. Next week, the Senate will vote again, and hopefully, will pass the more expanded version passed today in the Chamber.

    Per "El Mostrador:"

    La próxima semana tendrá su último trámite en el Senado.

    Next week, it will have its final processing in the Senate.

    In addition, in terms of the snail-paced race between Switzerland and Chile, there is still the distinct possibility that the first marriages between same-sex couples could occur in Chile in June 2022, about 3-4 weeks before the official 1 July 2022 start-up date in Switzerland. In Chile, the start-up date will be calculated as commencing in 6 months from the exact date (presumably, in December) of the presidential signing.

  • 2. Elihu_Bystander  |  November 24, 2021 at 4:23 am

    – Fulton v. Philadelphia, the LGBTQ foster care case, has settled.

    The above link is broken; here is one that works.

  • 3. VIRick  |  November 24, 2021 at 3:09 pm

    Indiana Court of Appeals: Catholic School Firing of Gay Teacher Unanimously Overturned

    Per Lambda Legal and Equality Case Files:

    After Joshua Payne-Elliot was fired from the Catholic high school where he worked for 13 years because he is married to a man, a lower court dismissed his lawsuit. Today, 23 November 2021, in an exciting turn-around victory, the Indiana Court of Appeals unanimously overturned the lower court’s decision to dismiss with prejudice.

    The Indiana Court of Appeals found 3 separate procedural errors, errors that so riddled the original decision that the trial court judge has recused himself from the case, and a new special judge has been appointed. The Court of Appeals ruling is here:

  • 4. VIRick  |  November 25, 2021 at 9:30 am

    Germany: Multiple LGBT Plans of New Governing Coalition

    Per Enrique Anarte and LGBT Marriage News:

    In Germany, the incoming governing coalition deal includes a new self-ID law, a total ban on conversion therapy, a repeal of the restrictions on gay and bi men donating blood, and financial compensation for transgender victims of forced sterilization, among other things.

    The new governing coalition is slated to take control in early December 2021.

  • 5. VIRick  |  November 25, 2021 at 9:48 am

    Chile: Senate Agenda for Upcoming Week

    Per Claudio Rodríguez Romo:

    Este viernes, el 26 de noviembre 2021, los jefes de comités del Senado acordarán la tabla de proyectos que se verán la próxima semana. Esperemos que Ximena Rincón se la juegue por votar y despachar a ley el proyecto de matrimonio igualitario.

    This Friday, 26 November 2021, the committee heads of the Senate will agree on the agenda of bills that will be seen next week. Let's hope that Ximena Rincón will risk it to vote and pass the marriage equality bill into law.

    Ximena Cecilia Rincón González is the current President of the Chilean Senate.

  • 6. scream4ever  |  November 25, 2021 at 11:39 am

    I thought it already was on the agenda for next week?

  • 7. VIRick  |  November 25, 2021 at 7:15 pm

    It will be on the agenda for "next week," because, as I understand it, Ximena Rincón is in favor of passage. In addition, I have just seen another comment from a certain Chilean political party stating that marriage equality will be on the agenda for "Tuesday, 30 November." However, it is not clear how they would already know this,– unless, of course, they intend to be the party that moves to place it on the agenda for Tuesday (and apparently, they have already done so).

    Earlier, the several comments about the Senate agenda were more generalized, explaining that that is the next step that needs to be done (and speculated that it would be on the agenda for "next week"), while the comment immediately above is much more specific, providing the nuts-and-bolts detail as to how it is to happen. Obviously, we will have an official answer after the committee heads meet and agree tomorrow, Friday, 26 November. But, yes, given the several sources, Tuesday, 30 November, does seem likely to be the date that will be selected. And now, for confirmation, we already have this official announcement from the Senate itself:

    Per Senado Chile, cuenta oficial:

    El próximo martes, 30 de noviembre, la Comisión de Constitución discutirá proyecto de matrimonio igualitario que modifica diversos cuerpos legales para regular el matrimonio de parejas del mismo sexo para ser votado y despacharlo a Sala. La inicitiva está en tercer trámite constitucional.

    Next Tuesday, 30 November, the Constitution Committee will discuss the marriage equality bill that modifies various legal provisions to regulate marriage between same-sex couples in order for it to be voted upon and dispatched to the Full Chamber. The initiative is in the third constitutional process.

  • 8. scream4ever  |  November 26, 2021 at 4:18 am

    Wait it has to go through another committee? I thought the final vote was the full Senate?

  • 9. VIRick  |  November 26, 2021 at 7:02 am

    It now seems likely that there will be two votes on the same date, the first by the Constitutional Committee at 10:30 AM and the second in the Full Chamber of the Senate at 3:00 PM.

    Per Claudio Rodríguez Romo:

    Feliz de anunciar que el proyecto de matrimonio igualitario se votará el próximo 30 de noviembre en la Sala del Senado, quedando listo para convertirse en ley.

    Happy to announce that the marriage equality bill will be voted upon next 30 November in the Full Chamber of the Senate, becoming ready to convert into law.

    Per MOVILH Chile:

    La Sala del Senado votará el matrimonio igualitario el martes, 30 de noviembre, a las 1500 horas.

    The Full Chamber of the Senate will vote on marriage equality on Tuesday, 30 November, at 3:00 PM.

  • 10. ianbirmingham  |  November 25, 2021 at 10:48 am

    Fairfax County Public Schools reinstate two books – Lawn Boy and Gender Queer: A Memoir – saying they do not violate rules, despite parents condemning them as pedophilic

    "Lawn Boy" by Jonathan Evison includes long sections of a boy reminiscing about explicit experiences he had at 10 years old and "Gender Queer: A Memoir," by Maia Kobabe includes photos of sexual acts between a boy and a man. Two committees of school administrators, librarians, parents, and students determined that the books did not contain pedophilia and did not violate regulations by including obscene material.

    One committee found that "Lawn Boy" includes themes that "are affirming for students" with marginalized identities. "There is no pedophilia in the book," the committee added. The other committee found that "Gender Queer" depicts "difficulties nonbinary and asexual individuals may face." The committee concluded that "the book neither depicts nor describes pedophilia."

    "The robust committee process took place over several weeks and considered whether the books flouted regulations by being obscene or harmful to juveniles as defined by the Code of Virginia," FCPS noted in the press release. "After careful consideration, neither books were deemed to have fallen foul of these regulations."

  • 11. VIRick  |  November 26, 2021 at 9:34 am

    Taiwan: Second Cross-National Same-Sex Couple Wins Their Marriage Suit

    Honduras: Leading Presidential Candidate in Favor of Marriage Equality

    Per LGBT Marriage News:

    The leading candidate in the presidential election of 28 November pledges to legalize abortion and LGBT marriage.

  • 12. VIRick  |  November 26, 2021 at 2:21 pm

    Durango: Second Same-Sex Marriage Has Taken Place, 26 November 2021

    Per Meganoticias Durango:

    Activista de la comunidad LGBT confirmó la realización del segundo matrimonio igualitario en el estado de Durango, el cual corresponde a una pareja de hombres.

    An activist from the LGBT community confirmed that the second equal marriage in Durango state has occurred, one that corresponds to a male couple.

  • 13. VIRick  |  November 26, 2021 at 7:51 pm

    Morelos: Self-Identification Process for Change of Gender Identity Published; Now Legal

    Per Edgar Márquez:

    El 26 de noviembre 2021, se publican en el Periódico Oficial, "Tierra y Libertad," los lineamientos (auto-percibido) para el Registro Civil para hacer el cambio de identidad de género en Morelos. Esto incluyendo a las adolescentes de 12-17 años.

    In Morelos, the (auto-percibido) guidelines in order for the Civil Registry to make the change in gender identity were published in the Official Newspaper, "Tierra y Libertad," on 26 November 2021. This includes adolescents 12-17 years of age.

    Morelos becomes the 4th Mexican state in 2021 to allow individuals to correct their name and gender marker on official documents based on self-identification (auto-percibido), behind Puebla, Baja California Sur, and Edomex, all of which made the change earlier this year. Overall, Morelos is now jurisdiction #18 (of 31) in Mexico to have done so.

    However, following behind Jalisco state, Morelos is only the second jurisdiction within Mexico to also allow adolescents to correct their gender identity. In the remaining 16 jurisdictions, one must be an adult 18 or older in order to do so.

    But, of course, just like with marriage equality recognition, Mexican adolescents from throughout Mexico will now be able to travel to Morelos (or to Jalisco) with a birth certificate from any other state and be able to successfully correct their name and gender marker, a change that must then be recognized as legal throughout all of Mexico.

  • 14. ianbirmingham  |  November 26, 2021 at 11:45 pm

    Gay men & white lesbians are much more likely to have college degrees

    It’s already known that a gender gap exists in universities. In the U.S., around 60% of degrees go to women and 40% to men.

    “As a whole, my results reveal two core demographic facts,” says Joel Mittleman of the University of Notre Dame in Indiana. “First, ‘the rise of women’ should be understood more precisely as the rise of straight women. Second, ‘the problem with boys’ obscures one group with rather remarkable levels of academic success: gay boys.”

    Mittleman found that around 52% of gay men in the U.S. have a bachelor’s degree, which is 16 percentage points higher than the national average. He also found that 6% of gay men have a higher degree, which is 50% higher than the national average. This remained the case across White, Black, Hispanic and Asian racial groups.

    With regards to women, Mittleman noted lesbians were more likely to have degrees than straight women. However, this tended to be White lesbians, and more clearly shown among older age groups.

    Intersecting the Academic Gender Gap: The Education of Lesbian, Gay and Bisexual America has been accepted for publication in American Sociological Review. Its preprint version can be viewed here:

  • 15. ianbirmingham  |  November 27, 2021 at 5:08 pm

    Artist Lil Nas X’s track on Gay Sex Scores 3 Grammy Nominations

    Multi award-winning Rapper Lil Nas X’s hit song and music video MONTERO, a song about gay sex, was nominated Tuesday for three Grammy Awards, making history by catapulting LGBTQ narratives to the highest echelon of achievement in the music industry.

    The “Montero (Call Me By Your Name)” song that has generated over 397,261,643 views on YouTube since its debut earlier this year, is up for song of the year, record of the year and best music video of the year at the 64th annual Grammy Awards taking place Jan. 31, 2022 in Los Angeles.

  • 16. VIRick  |  November 29, 2021 at 11:58 am

    Botswana: Court of Appeal Affirms Legality of Same-Sex Sexual Activity

    On Monday, 29 November 2021, in a unanimous 5-0 opinion, the Botswana Court of Appeal has upheld a ruling that decriminalized same-sex sexual relations. It cannot be appealed further, so the matter now becomes settled law. The court affirmed a 2019 ruling by the High Court of Botswana, effectively striking down two sections of the country’s penal code, Reuters reports.

    “Those sections have outlived their usefulness, and serve only to incentivize law enforcement agents to become keyhole peepers and intruders into the private space of citizens,” Court of Appeal President Ian Kirby wrote.

    Under the code, same-sex sexual relations could be punished by up to seven years in prison. The code banned “carnal knowledge of any person against the order of nature” and “indecent practices between persons.” The law dated from when Botswana was a British colony, but the nation became independent in 1966.

    The nation’s government had appealed the 2019 ruling, saying attitudes toward homosexuality had not changed. But the Court of Appeal, which has the final word on such matters, kept the earlier ruling in place.

  • 17. VIRick  |  November 29, 2021 at 2:24 pm

    Chile: A Reassuring Marriage Equality Message from the Senate President

    Per Ximena Rincón, La Presidenta del Senado de Chile:

    Mañana, el 30 de noviembre 2021, a las 15:00 horas, votaremos el proyecto ley del Matrimonio igualitario. Hoy, recibimos a la Fundación Iguales Chile que nos hicieron entrega de 28.000 firmas en apoyo al matrimonio igualitario. Por un Chile diverso, y libre de amar a quien queramos, esperamos que mañana sea ley!

    Tomorrow, 30 November 2021, at 3:00 PM, we will vote on the bill for Marriage Equality. Today, we received the Fundación Iguales Chile who have given us more than 28,000 signatures in support of equal marriage. For a diverse Chile, free to love whoever we want, we hope that tomorrow it will be law!

    As Senate President, Ximena Rincón is the person in charge of making certain that marriage equality does indeed become law.

  • 18. VIRick  |  November 29, 2021 at 3:20 pm

    Honduras: Female Progressive Leftist Claims Victory in Presidential Race

    Xiomara Castro of the leftist Free Party in Honduras claimed victory in the Central American country's presidential election that took place on Sunday, 28 November 2021, leading by almost 20 percentage points with more than half of the votes counted.

    As of today, 29 November, Castro had won more than 53 percent of the vote (and thus eliminated the need for a run-off), compared with about 34 percent for Nasry Asfura of the National Party (PN) of Honduras, the runner-up, according to the National Electoral Council in Honduras. The council has yet to officially declare a winner, as counting was still underway. The National Party also claimed victory despite the lopsided outcome.

    Castro, a democratic socialist, is the wife of Manuel Zelaya, the country's former president who was removed by the military in 2009. The left has not been in power in Honduras since his ouster. The presidency of Castro, who would be the first female president in the country, would also be a major pivot from the conservative policies of the National Party.

    Xiomara Castro is both pro-abortion and pro-marriage-equality.

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