Category Archives: Allgemein

USA: Circuit court rules Indiana must list both parents’ names on birth certificates in same-sex female relationships

The US Court of Appeals for the Seventh Circuit ruled on Friday that, for women in female same-sex marriages, Indiana must include the names of both women on the birth certificate of their children.

The state argued birth certificate parentage in Indiana is based on biology, not parentage. However, the district court ruled that in practice the husband in a heterosexual relationship is presumed to be the biological father whether or not he in fact is, and this undermines the state’s assertion. Because this presumption does not follow in a same-sex marriage, the court ruled according to Pavan v. Smith (a 2017 Arkansas case, decided by the US Supreme Court) “which [held] that same-sex and opposite-sex couples must have the same rights with respect to the identification of children’s parentage on birth certificates.”

“Because Indiana lists a husband as a biological parent (when a child is born during a marriage) even if he did not provide sperm, the district judge concluded, it must treat a wife as a parent even if she did not provide an egg.”

The Seventh Circuit upheld the district court’s decisions concerning these equal protections; however, other parts of the district court’s ruling were reversed. The district court had ruled all three relevant Indiana statutes (Indiana Code Sections 31-9-2-15, 31-9-2-16, and 31-14-7-1) were invalid, but the appellate court disagreed, holding the invalidation was too broad and that aspects of the statutes “have a proper application.”

https://www.jurist.org/news/2020/01/circuit-court-rules-indiana-must-list-both-parents-names-on-birth-certificates-in-same-sex-female-relationships/

German Constitutional Court blocks gay man being sent back to Pakistan

German Constitutional Court blocks gay man being sent back to Pakistan

Deutschland darf Schwule nicht in Verfolgerstaat Pakistan abschieben

Obgleich Homosexuellen in Pakistan Verfolgung bis hin zur Todesstrafe droht, wollten deutsche Behörden einen schwulen Teenager abschieben. Karlsruhe hat das jetzt vorerst verhindert.

German Constitutionla Court blocks gay rman being sent back to Pakistan

https://www.rechtsportal.de/Rechtsprechung/Rechtsprechung/2019/BVerfG/Stattgebender-Kammerbeschluss-Verletzung-des-Anspruchs-auf-effektiven-Rechtsschutz-Art.-19-Abs.-4-S.-1-GG-durch-fachgerichtliche-Verfehlung-der-Massstaebe-fuer-die-Beurteilung-der-Beachtlichkeit-eines-Asylfolgeantrags-17-AsylG-lt-juris-AsylVfG-1992-gt-Klaerung-unklarer-Tatsachenfragen-hier-staatliche-bzw-nichtstaatliche-Verfolgung-homosexueller-Maenner-in-Pakistan-darf-nicht-aus-dem-Asylverfahren-in-die-Entscheidung-ueber-die-Zulaessigkeit-des-Folgeantrags-verlagert-werden-Gegenstandswertfeststellung

Sports: Football for everyone: Apply for grants

Sports: Football for everyone: Apply for grants

Fare and Football v Homophobia are joining forces to offer small grants to organisations around Europe hosting initiatives challenging prejudice and exclusion of LGBT+) people during the Football v Homophobia month of action in February. Up to €500 in grants are available to support activities that make football more inclusive and welcoming for all, and to increase the participation and representation of LGBT+ people in football.
Read more.

Supreme Court in Spain in favour of a minor to change legal gender

Supreme Court in Spain in favour of a minor to change legal gender

The Supreme Court in Spain ruled on 18 December in favour of a trans minor to change his gender marker in his ID, and endorsed for the first time this year’s Constitutional Court decision lifting the age limitation for legal gender recognition. Questions remain about the need for an assessment of “sufficient maturity and stable situation of transsexuality,” a condition set in the Constitutional Court sentence.

Read more about the ruling of the Supreme Court (in Spanish).

Read more about the Constitutional Court decision from 18 July.