USA: Health care providers and LGBTQ advocacy organizations sue Trump administration

Several health care providers and LGBTQ advocacy organizations have filed a lawsuit against the US Department of Health and Human Services (HHS), challenging the new HHS rule eliminating protections for the LGBTQ community in health care. The suit was filed on Thursday in the US District Court for the District of Massachusetts and is seeking to have the Court set aside the rule as arbitrary and capricious, contrary to existing law, and in violation of the US Constitution.

At issue are interpretations of a provision of the Affordable Care Act, which disallows discrimination on the basis of “sex.” The new rule from the HHS defines “sex” exclusively as the biological distinctions between male and female. In practice, the new definition rolls back protections for LGBTQ individuals.

Further, the complaint claims the rule violates Title IX, as discrimination on the basis of transgender status and sexual orientation qualifies as unlawful discrimination on the basis of “sex.” Specifically, it references the recent landmark case Bostock v. Clayton County, in which the Supreme Court clarified that protections based on “sex” in the Civil Rights Act of 1964 encompass sexual orientation and gender identity.

The complaint describes the sex discrimination that Darren Lazor, one of the plaintiffs, experienced based on his status as a transgender man. It alleges Mr. Lazor was refused care and mistreated and has no available route to pursue justice under the new rule.

Additionally, the suit describes “animus” as the motivation behind the rollback. The complaint states:

[The] Rule was promulgated as part of a campaign of consistent, repeated anti-transgender sentiments, advocacy, and comments by the Administration as a whole, including HHS officials responsible for enforcing Section 1557 and promulgating its regulations. The Rollback Rule aims to denigrate LGBTQ+ people, particularly transgender people: falsely characterizing them as a threat, spreading misinformation and lies about them, and turning the federal government’s efforts to combat discrimination into efforts to promote discrimination.

Finally, the complaint references the potential for magnified harm due to COVID-19, with an emphasis on those people at the intersection of these impacted communities.

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During the 44th session of the Human Rights Council, the UN Independent Expert on SOGI presented his report on “conversion therapies”, calling on a global ban on such harmful practices.

Switzerland: ECtHR communicates two cases relating to non-recognition of joint parenthood through surrogacy abroad

The European Court of Human Rights has just communicated two cases against Switzerland by couples whose joint parenthood through surrogacy abroad was not recognized by the Swiss authorities and Courts.

Thailand could become the first Southeast Asian country to legalize same-sex civil partnerships

Bangkok, Thailand (CNN)Thailand’s Cabinet on Wednesday approved a draft bill that will legally recognize same-sex civil partnerships and give greater rights to same-sex couples, a potential first for any nation in Southeast Asia if passed into law.

Read more: https://edition.cnn.com/2020/07/09/asia/thailand-same-sex-union-bill-intl-hnk/index.html

USA: Supreme Court rules Catholic schools cannot be sued for employment discrimination

The Supreme Court announced its opinion in the case of Our Lady of Guadalupe School v Morrissey-Berru on Wednesday. The Court ruled in favor of the Catholic schools, shielding them from employment discrimination suits under the First Amendment’s “ministerial exception.”

The lawsuit concerned two women who filed for employment discrimination from two Californian Catholic schools after their contracts were terminated. The Catholic schools used the 2012 Supreme Court’s “ministerial exception” precedent to argue that they were protected from employment discrimination suits, in order to “protect religious freedoms.” The legal issue justices ruled on was whether the termination of Biel and Morrisey-Berru’s employment qualified as ministers under the 2012 rule.

The 7-2 ruling deciding in favor of the schools reiterated that federal employment discrimination law did not apply to teachers in religion at church-run schools. The decision thus concluded that “the constitutional language that protects religious freedom barred [employees] from suing their religious schools for employment discrimination.”

The post US Supreme Court rules Catholic schools cannot be sued for employment discrimination appeared first on JURIST – News – Legal News & Commentary.

Cuba has recognized a baby has two moms for the first time

More: https://www.gaystarnews.com/article/cuba-has-recognized-a-baby-has-two-moms-for-the-first-time/

M, F, nothing? Netherlands mulls erasing gender from ID cards

(Thomson Reuters Foundation) – As countries around the world debate the vexed issue of how to reflect gender in official documents, the Netherlands is looking at a more radical solution – doing away with it altogether.

The proposal to remove the category from Dutch identity cards by 2025 came in a letter to parliament this month and is part of a government plan to “limit unnecessary sex registration where possible”.

More: https://www.reuters.com/article/us-netherlands-lgbt-lawmaking/m-f-nothing-netherlands-mulls-erasing-gender-from-id-cards-idUSKBN24A1UN

For gay stars of banned condom ad, no let-up in Poland’s LGBT rights clampdown

https://www.reuters.com/article/us-poland-lgbt-advert/for-gay-stars-of-banned-condom-ad-no-let-up-in-polands-lgbt-rights-clampdown-idUSKBN23J1W7

Two decisions by German courts dealing with discrimination on the basis of gender identity (Verfassungsblog)

Two decisions by German courts dealing with discrimination on the basis of gender identity have attracted attention this week. The Federal Constitutional Court has declared inadmissible a constitutional complaint of a woman who fought against being addressed as Kunde (a male customer) in her bank’s printed forms. However, the court’s more recent case law indicates that the court does not in principle rule out the recognition of a claim to gender-adequate language and could decide in this sense in cases to come, writes ISABEL LISCHEWSKI.

LEONIE STEINL presents a decision of the Higher Regional Court of Cologne which found that hate speech against women can be a criminal act of incitement to hatred (Volksverhetzung). To take seriously gender-related dimensions of hate speech, particularly on the internet, has been long overdue and is an important signal in the criminal law debate regarding the topic, she says.

Montenegro: Parliament legalizes same-sex civil partnerships

Montenegro is the first European country outside of Western Europe and the EU to legally recognize same-sex couples. President Milo Djukanovic said it was a confirmation that Montenegrin society “is maturing.”

Read more: https://www.dw.com/en/montenegro-parliament-legalizes-same-sex-civil-partnerships/a-54020034