Divided Greek government greenlights same-sex marriage with opposition votes

Read: https://www.euractiv.com/section/non-discrimination/news/divided-greek-government-greenlights-same-sex-marriage-with-opposition-votes/

Read more: Greek Orthodox Church asks for roll-call vote on same-sex marriage bill

21 of 46 Council of Europe member states (45.7%) now! 

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The Greek Parliament voted on Thursday to legalize same-sex civil marriage. The legislation passed with a majority of 176 votes in favor out of 300 members of the Hellenic Parliament.

Key provisions of the approved legislation include the recognition of same-sex marriages, amending the civil code to allow marriage regardless of gender, establishing equal surname rights for children, and adapting labor, social insurance and civil service laws to extend benefits to same-sex spouses and parents. It also ensures protections against discrimination in various sectors including social protection, education, and access to goods and services. In addition, the legislation recognizes same-sex marriages and parental relationships established abroad, subject to certain conditions.

The bill, proposed by Prime Minister Kyriakos Mitsotakis’ center-right government, saw 76 votes against, two members voting “present,” and 46 abstentions. The bill garnered support from four left-wing parties, including the principal opposition, Syriza, while facing rejection from three small far-right parties and the Communist Party.

Before the bill’s passage, the Church of Greece articulated its concerns through a detailed letter to Parliament. The church criticized the shift towards gender-neutral parenting roles and contended that civil unions already provided sufficient rights for same-sex couples, questioning the necessity of same-sex marriage and parenting rights.

International celebration of the bill’s passage, however, was swift. The UN Human Rights Office wrote on X (formerly Twitter), “We welcome Parliament’s vote to open marriage to same-sex couples. It is a landmark win for human rights, & a big step forward towards #LGBTQ+ equality.” One supporter of the bill interviewed by the AFP stated, “It’s a historic day. We are so very happy with this result, we’ve been waiting for it for a very long time.”

Following Thursday’s vote, Greece is the 16th country in the 27-member European Union to legalize same-sex marriage.

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Russia media regulator begins investigation into language learning service Duolingo for alleged ‘LGBT propaganda’

Russia media regulator Roskomnadzor Friday began an investigation into the alleged spread of “LGBT propaganda” by the language learning application Duolingo, as reported by TASS, Russia’s state news agency.

Duolingo, an American-based language learning application established in 2011, has come under scrutiny following allegations of promoting “LGBT propaganda.” The request for investigation reportedly stemmed from objections raised by the Novosibirsk-based human rights group Radatel.

Article 5 of the Federal Law “On the Protection of Children from Information Harmful to Their Health and Development” categorizes the promotion of non-traditional sexual relations as detrimental to children’s health and development. Redatel cited concerns with specific sentences on the Duolingo app, such as “Ben and Peter love each other. They are gay,” and “Clara met her wife Maria at a lesbian bar.”  The group said this has created a dilemma for parents, who they claim struggle to explain the content in a manner that does not harm the psyche of elementary school children. However, the media regulator denied having received such complaints.

This investigation is another example of the hostile environment LGBTQ+ people face in Russia. The LGBTQ+ community in Russia has to contend with significant legal and societal challenges, including restrictions on advocacy, recognition, and marriage rights, which are further exacerbated by governmental measures.

In 2022, the Russian State Duma passed a bill that expanded the existing legislation concerning LGBTQ material. This bill amended the 2013 law, widely known as “propaganda of non-traditional sexual relations among minors,” to encompass individuals of all age groups. Part 1 of Article 6.21 of the amended legislation which addresses “propaganda of non-traditional sexual relations,” imposes hefty fines on offenders.

In addition, the Russia Supreme Court in December 2023 declared the “international LGBT movement” an extremist organization, effectively banning LGBTQ+ activities within the country. This decision was met with condemnation from numerous human rights organizations, which called for its reversal. Moreover, in 2020, the Russian Constitution was amended to explicitly state that marriage in Russia is legally recognized only between a man and a woman, as outlined in Article 1 of its Family Code. The European Court of Human Rights (ECHR) ordered Russia to legalize same-sex unions. Russia responded that it is at early stage of societal development, rendering them unprepared to implement such measures.

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Austria: VIMÖ Verein Intergeschlechtlicher Menschen Österreich celebrates 10th anniversary

		VIMÖ Verein Intergeschlechtlicher Menschen Österreich
		February 11 at 4:17 PM
11. Mai 2024: 10 Jahre VIMÖ – Geburtstagsveranstaltung Vor 10 Jahren hat sich VIMÖ gegründet und das möchten wir natürlich feiern! In den vergangenen 10 Jahren haben wir durch unseren Aktivismus viel geschafft und verändert! Unsere wichtigste Forderung, der Schutz vor gesundheitlich nicht notwendigen Eingriffen und somit unser Menschenrecht auf Selbstbestimmung über unsere Körper, ist aber immer noch nicht in Österreich umgesetzt. In diesem Sinne wird unsere Geburtstagsveranstaltung am 11.05.2023 auch eine Veranstaltung, die diesen Missstand thematisiert, Kinderrechte in den Vordergrund rückt und an die Politik umso mehr appelliert ihren Versprechen nachzukommen. Mehr Infos und Programm folgen! Wir freuen uns über zahlreiches Kommen :-). https://vimoe.at/2024/01/01/11-mai-2024-10-jahre-vimoe-geburtstagsveranstaltung/

Tennessee city must pay $500K in settlement with ACLU over drag ban

A Tennessee city settled with the ACLU on Wednesday, agreeing to pay $500,000 for the harm caused by its anti-drag ordinance and policy. The city of Murfreesboro agreed to repeal the ordinance, which was designed to ban drag performances on public property, and end the policy that denied all special event permit requests from the LGBTQ+ advocacy group Tennessee Equality Project (TEP).

The city implemented its ban in June, claiming that drag performances during TEP’s Pride event in 2022 resulted in the “illegal sexualization of kids.” The ACLU, along with the ACLU of Tennessee, Ballard Spahr, and Burr & Forman, filed suit in federal court last October, alleging the ordinance and policy violated the US Constitution’s First Amendment right to free speech and expression. The lawsuit also alleged the ordinance was unconstitutionally broad and vague, and that it discriminated against the LGBTQ+ community and therefore violated the Fourteenth Amendment.

A federal judge temporarily blocked the city from enforcing the ordinance in October, and the city responded by amending the ordinance to no longer include “homosexuality” as prohibited “sexual conduct.” The plaintiffs, however, stated that the amendment was not enough. In response, the plaintiffs said, “[W]e will continue to challenge the remaining portions of this anti-LGBTQ+ ordinance until it is permanently defeated, and all residents of Murfreesboro know that their government officials have no right to censor LGBTQ+ people and our expression.”

The parties are now filing a dismissal of the case due to Wednesday’s settlement, bringing the lawsuit to a close. “We celebrate the resolution of this case because it has guaranteed the rollback of a discriminatory policy and affirmed our right to host BoroPride,” said TEP Executive Director Chris Sanders. “Now we can turn our attention to preparing for the 2024 BoroPride festival and defending the rights of LGBTQ+ Tennesseans at the state legislature.”

According to the Human Rights Campaign, Tennessee has enacted more anti-LGBTQ+ laws than any other state in the country since 2015, making the state “increasingly hostile and unlivable for LGBTQ+ Tennesseans.” The state has seen several challenges to LGBTQ+ rights in the past year,  including a law that protects public school employees’ choice to not use a student’s preferred pronouns. In September, a federal judge prohibited Blount County from banning drag performances at a pride festival, and a federal appeals court upheld a state law banning gender-affirming care for minors the same month. The ACLU is currently tracking twenty-nine anti-LGBTQ+ bills in Tennessee for this legislative session.

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The Williams Institute is hiring a law fellow

Japan court approves gender recognition without sterilization for the first time

A Japanese court on Wednesday allowed a gender change to be legally recognized without the need for sterilization for the first time in the country’s history. Japan’s Okayama Family Court Tsuyama Branch ruled in favor of Tacaquito Usui, allowing him to legally change his gender to male without having to undergo sterilization surgery, a controversial requirement struck down in 2023 as unconstitutional by Japan’s Supreme Court. 

Sterilization is a permanent surgical procedure that removes one’s capacity to reproduce. Before Japan’s Supreme Court ruled the practice unconstitutional, for one to have their gender legally recognized, transgender people were required to, among several steps, be surgically sterilized.

Sterilization was controversial because by making it a requirement for legal status, the state gave little choice for transgender people, creating a narrow decision between either having the surgery or having their gender legally recognized. Thus, the sterilization requirements were understood among human rights activists as a forced and invasive surgery.

Human rights groups like Human Rights Watch (HRW) have called this a breach of international human rights, including a violation of dignity, privacy and health. Anecdotal accounts indicate those whose gender is not recognized face daily challenges when traveling domestically or internationally and when trying to access social services like healthcare, marriage licenses or even transit checks.

After Wednesday’s historic ruling, Usui said in a press conference, ” I feel a new life is beginning” as he is now is able to marry his partner, who he shares a 13-year-old son with. 

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Transgender swimmer Lia Thomas in secret legal challenge against ban

Exclusive: Thomas has enlisted Canadian law firm Tyr to represent her after going to the Court of Arbitration for Sport

More: https://www.telegraph.co.uk/swimming/2024/01/25/transgender-swimmer-lia-thomas-legal-challenge-ban/

USA: Transgender US veterans sue VA for access to gender-affirming surgery in medical benefits

The Transgender American Veterans Association (TAVA) filed a federal lawsuit on Thursday against the US Department of Veterans Affairs (VA), in which they are asking the VA to provide gender-affirming medical care to transgender veterans. Filed in the US Court of Appeals for the Federal Circuit, the lawsuit comes months after a demand letter was sent to the VA on Transgender Day of Remembrance in November 2023. In the letter, TAVA demanded that the VA grant or deny the order within 30 days to avoid suit.

“Three years ago today, President Biden repealed the military’s ban on transgender service members. Yes, when we return from service, we do not receive the same level of healthcare from the VA that other veterans do,” said President of TAVA Rebekka Eshler in a press release. “The natural step toward transgender people’s true inclusion in the military is for the VA to remedy this gap. Transgender veterans have waited far too long for the VA to provide the gender-affirming surgery so many of us need to survive.”

In TAVA’s lawsuit, they note that gender-affirming surgery is a necessary step in living a desired gender role. TAVA cites to several sources that allege that the association of gender-affirming surgery on reducing depression, psychological distress and suicidal ideation.

“[The] VA’s failure to provide gender-affirming surgey has been dangerous for me more than my time in the service. Without VA coverage for this surgery, I was finanicially out of options. I tried to perform my own gender-affirming surgery at home, without any medical training,” said Natalie Kastner, a TAVA member. “Were it not for the emergency room care, I would have lost my life. I was told that the VA would take care of me because I was willing to risk my life for this country. Instead, I was safer in the service than I am now.”

TAVA’s lawsuit argues that the nearly eight-year delay in responding to their rulemaking petition is a violation of the Administrative Procedure Act, which requires that agencies respond in a reasonable time to any matters presented to them. In filing the petition, TAVA asks the court to compel a formal repsonse from the VA on its 2016 petition and to require the VA to provide an answer on this matter within a reasonable time.

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Ohio legislature overrides governor’s veto of transgender care and sports ban

he Ohio Senate voted on Wednesday to override Governor Mike DeWine’s veto of HB 68, which bans gender-affirming care for transgender youth and restricts transgender participation in sports. The Ohio House previously voted to override the governor’s veto on January 10. The two votes to override means the governor’s veto is void and the law will go into effect.

HB 68 says that physicians may not “prescribe a cross-sex hormone or puberty-blocking drug for a minor individual for the purpose of assisting the minor individual with gender transition” or “engage in conduct that aids or abets” such care, with an exception for constitutionally protected speech. This effectively outlaws physicians from providing gender-affirming care to transgender youth. The law includes restrictions on medical professional’s ability to diagnose gender dysphoria, saying they can only do so with the consent of a parent. It also prohibits physicians from performing gender-reassignment surgeries on minors.

There are some exceptions to the ban on gender-related surgeries and hormonal care, including youth that are already receiving gender-affirming care. One of the main exceptions is people who were born with “a medically verifiable disorder of sex development,” including people “with external biological sex characteristics that are irresolvably ambiguous.” This is likely a reference to Intersex people, who do not fit typical definitions of male and female. Doctors will often perform surgeries on Intersex people when they are born, or give them hormonal care to more closely align an Intersex person with male or female characteristics.

Many Intersex people and their parents say these surgeries can be non-consensual or coerced, violating bodily autonomy. They have criticized gender-affirming care bans and their exceptions for Intersex people, with one parent telling ABC News:

Trans people are being told, ‘You can’t possibly know anything about your body because you’re way too young’…And then for intersex people, it’s the opposite. The choice of your gender is so important that you can’t possibly wait until you’re old enough to understand,

The American Medical Association has defended gender-affirming care, and strengthened its stance in 2023. The Ohio Children’s Hospital Association previously condemned HB 68 and said the law “will be devastating to kids and their families who are already at their most vulnerable and will place an insurmountable barrier between patients and their medical professionals for often lifesaving care.”

In addition to restrictions on gender-affirming care, HB 68 mandates sex-separated sports in schools and specifically says that transgender girls cannot participate in girl’s sports. The law prohibits organizations or local governments from processing complaints, starting investigations, or taking any other action against schools that enforce this policy.

The vote comes amid a torrent of anti-transgender and anti-LGBTQ+ legislation in conservative states. Last year, a prominent LGBTQ+ rights group declared a state of emergency in the US, echoing concerns from a UN expert that LGBTQ+ rights in the US were being “deliberately undermined” by state governments. LGBTQ+ rights in the US are falling more and more along state and partisan lines, with Human Rights Campaign calling Republican-controlled states “increasingly hostile to LGBTQ+ people.”

State legislators introduced more than 500 anti-LGBTQ+ bills in 2023, a historic high. Tennessee and Florida attracted particular attention for strict laws targeting drag performances and school discussions. Laws are not limited to those states, however, with Texas, North Dakota, South Dakota, Nebraska and others passing bills banning gender-affirming care. More recently, a West Virginia’s legislator introduced a bill to criminalize transgender people as “obscene matter.”

Activists and families have challenged many of these laws, to varying success. A federal court struck down Arkansas’s gender-affirming care ban, but a different court upheld similar bans in Tennessee and Kentucky.

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HRW calls on Meta to improve LGBTQ+ protections

Human Rights Watch (HRW) called for Meta to improve their protection of LGBTQ+ people on Facebook and Instagram on Tuesday. This new campaign follows an HRW report from 2023, which found that security forces in the Middle East and North Africa use social media platforms to gather evidence to prosecute them.

A new campaign, titled “Secure Socials,” launched today to promote the protection of the LGBTQ+ community on social media. Human rights organisations Social Media Exchange (SMEX), INSM Foundation for Digital Rights, Helem and Damj Association teamed up with HRW to call on Meta to change their policies. They urged Meta to be fully transparent and publish data demonstrating their investment in user safety, as well as their justifications and explanations of how these investments proportionately address the risk of harm in these countries.

The campaign builds on a 2023 HRW report titled “‘All This Terror Because of a Photo’: Digital Targeting and Its Offline Consequences for LGBT People in the Middle East and North Africa.” The report analysed how security forces used digital targeting on social media platforms owned by Meta to harass, entrap and prosecute LGBTQ+ people in Egypt, Iraq, Jordan, Lebanon and Tunisia. They interviewed 120 individuals, including lawyers, digital rights professionals, and LGBTQ+ people impacted by digital targeting. In many cases, security forces used photos, WhatsApp chats and LGBTQ+ dating applications to prosecute them. Many of the LGBTQ+ people who were detained stated that they were denied access to a lawyer and were forced to sign confession statements regarding their illegal behaviour. 

Rasha Jones, acting LGBTQ+ rights deputy director at HRW, commented on the campaign and Meta’s inaction, stating:

As the largest social media company in the world, Meta should be a global leader in making social media safe for everyone … When LGBT people, who already face insecurity offline, use Facebook and Instagram for connection and organizing, they deserve certainty that Meta is doing everything in its power to ensure their security.

HRW further stated that it has been discussing these concerns with Meta for months and has issued two letters with specific questions regarding these issues since the report. Meta has declined to produce a written response.

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