India Supreme Court expands family rights to LGBTQ+ and unmarried partners

The Indian Supreme Court Monday released a decision expanding the conventional legal meaning of “family” and granted equal protection of the law to an atypical family unit. The court observed that “familial relationships may take the form of domestic, unmarried partnerships or queer relationships.”

The case concerned a married woman who was denied maternity leave under the Central Services (Leave Rules) 1972 because her spouse has two children from his earlier marriage. Justices Chandrachud and Bopanna observed that the prima facie intention of the maternity leave extended to women is to ensure that women are not compelled to leave their employment for childbirth. Justice Chandrachud stated:

Unless a purposive interpretation were to be adopted in the present case, the object and intent of the grant of maternity leave would simply be defeated. The grant of maternity leave is to encourage women to join and continue employment in the workplace. It is a matter of harsh reality that without these provisions the women would have been compelled to leave the workplace on the birth of a child, if they were not granted leave or other facilitative measures. Child birth cannot be regarded as something that detracts from the purpose of employment..

Further, the court refered to the Organisation for Economic Co-operation and Development (OECD) survey, and observed that “women in India spend up to 352 minutes/day on unpaid work, 577% more than the time spent by men.”

The court’s ruling in this case paves the way for the protection of parents who have children through surrogacy, adoption or assisted reproductive technologies and extends family rights to the LGBTQ+ Community.

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Belgium – Federal Plan ‘For an LGBTQI+ friendly Belgium’ (Plan Fédéral ‘Pour une Belgique LGBTQI+ friendly’)

See: https://www.equalitylaw.eu/downloads/5666-belgium-federal-plan-for-an-lgbtqi-friendly-belgium-plan-federal-pour-une-belgique-lgbtqi-friendly-84-kb

Iceland: Revision of the Act on Equal Treatment irrespective of Race or Ethnic Origin
No. 85/2018 to include additional discrimination grounds, including sexual orientation, gender identity, gender expression and sex characteristics

See: https://www.equalitylaw.eu/downloads/5672-iceland-revision-of-the-act-on-equal-treatment-irrespective-of-race-or-ethnic-origin-no-85-2018-to-include-additional-discrimination-grounds-102-kb

Hungary – Court decision on LGBTIQ-themed commercial

Whether broadcasting a public-interest commercial regarding rainbow families in the 05.00-21.00 o’clock time slot can be banned on the basis of ‘child-protection’
arguments

See: https://www.equalitylaw.eu/downloads/5675-hungary-court-decision-on-lgbtiq-themed-commercial-85-kb

USA: Federal appeals court rules Arkansas cannot ban gender-affirming care for youth

The US Court of Appeals for the Eighth Circuit ruled Thursday that Arkansas may not prohibit doctors from providing gender-affirming care to transgender youth in the state.

In April 2021, the Arkansas legislature overrode the governor’s veto to pass Act 626, making Arkansas the first state in the nation to ban minors from receiving gender-confirming treatment. The American Civil Liberties Union (ACLU) sued in May of last year on behalf of transgender youth, their parents, and two healthcare providers, alleging that the law violates the equal protection clause of the Fourteenth Amendment “because it discriminates on the basis of sex and transgender status by prohibiting certain medical treatments only for transgender patients and only when the care is ‘related to gender transition.’” A federal judge granted plaintiff’s motion for preliminary injunction last year, and Arkansas appealed.

In affirming the lower court’s decision Thursday, the US appeals court found that plaintiffs were likely to succeed on the merits and that the district court had not abused its discretion in blocking the law’s enforcement:

The district court found that the Act prohibits medical treatment that conforms with “the recognized standard of care for adolescent gender dysphoria,” that such treatment “is supported by medical evidence that has been subject to rigorous study,” and that the purpose of the Act is “not to ban a treatment [but] to ban an outcome that the State deems undesirable.” The record at this stage provides substantial evidence to support these factual findings.

A spokesperson for the Arkansas Attorney General expressed disappointment with the ruling and indicated that the state will seek review by the full Eighth Circuit.

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End of Singapore’s gay sex ban a ‘small step’ for some LGBT couples

August 22, 2022 – 16:13

By Chen Lin

SINGAPORE (Reuters) – Singapore’s decision to lift a colonial-era ban on sex between men is long overdue and will not end discrimination of LGBT groups in the conservative city-state, rights activists and members of the gay community said on Monday.

The announcement by Singapore’s prime minister to repeal the so-called 377A law on Sunday came as he also said the government would take steps to prevent legal challenges that would allow same-sex marriages to be recognised.

More: https://www.swissinfo.ch/eng/end-of-singapore-s-gay-sex-ban-a–small-step–for-some-lgbt-couples/47844392

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Singapore Prime Minister Lee Hsien Loong Sunday announced the government’s plans to decriminalize sex between men, saying this was “the right thing to do and something that most Singaporeans will now accept.”

Specifically, he announced the repeal of Section 337A, which provides that:

Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.

While some activists praised the decision, others argued that LGBTQ+ rights in the country still have a. long way to go. In. particular, Singapore’s Constitution still only recognizes marriage between a man and a woman. Lee stated since “many national policies rely upon this definition of marriage,” such as housing, education, and adoption, Singapore “has no intention of changing the definition of marriage nor these policies.”

Lee announced that this definition of marriage will be protected from any constitutional challenge in the courts, stating on Twitter: “We will protect the definition of marriage, as contained in the Interpre­tation Act and the Women’s Charter, from being challenged constitutionally in the courts. We have to amend the Constitution to protect it, & we will do so.”

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Switzerland: High Court of Zurich considers non-availability of registered partnership for opposite-sex couple as compatible with Articles 8 and 14 ECHR (Judgment in German only)

Verwaltungsgericht des Kantons Zürich: Ablehnung der Eintragung einer verschiedengeschlechtlichen Partnerschaft (Urteil publiziert am 08.08.2022) – Judgment in German only

VB.2021.00612 (URT.2022.23612)  Gewichtung: 24. Abteilung/4. Kammer  Begründung einer eingetragenen Partnerschaft[Ablehnung der Eintragung einer verschiedengeschlechtlichen Partnerschaft.] Nichteintreten auf das Begehren um Feststellung einer Verletzung des Diskriminierungsverbots nach Art. 14 EMRK oder allenfalls Art. 8 Abs. 2 BV mangels eines (aktuellen) Feststellungsinteresses (E. 1.3). […]

Verwaltungsgericht des Kantons Zürich: Ablehnung der Eintragung einer verschiedengeschlechtlichen Partnerschaft — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

Taiwan blames politics for cancellation of global Pride event

TAIPEI, Aug 12 (Reuters) – Taiwan on Friday blamed “political considerations” for the cancellation of WorldPride 2025 Taiwan after it said the organisers had insisted the word “Taiwan” be removed.

More: https://www.reuters.com/world/asia-pacific/taiwan-blames-politics-cancellation-global-pride-event-2022-08-12/

New Article :Petra Sussner, Addressing Heteronormativity: The Not-So-Lost Requirement of Discretion in (Austrian) Asylum Law

in the latest issue of the International Journal of Refugee Law (Vol. 34, no. 1, March 2022).

Andorra becomes the 33rd country with marriage equality

The nation of Andorra will be the 33rd country to recognize marriage rights for same-sex couples.

Lawmakers in the tiny nation – which has a population of about 77,000 and is smaller than the city of Chicago in land mass – voted unanimously to allow same-sex couples access to civil marriage.

Source: https://www.lgbtqnation.com/2022/07/andorra-becomes-33rd-country-marriage-equality/

https://www.consellgeneral.ad/ca/activitat-parlamentaria/iniciatives-legislatives/proposicions-de-llei/proposicio-de-llei-qualificada-de-la-persona-i-de-la-familia (text of the recently approved bill in Catalan)

Secció segona. Sistema matrimonial

Article 74. Formes de matrimoni

1. Es reconeixen les formes de matrimoni següents: – el casament civil – el matrimoni canònic

2. El matrimoni, celebrat sota la forma de casament civil, tindrà els mateixos requisits i efectes quan ambdós contraents siguin persones del mateix  [same] o de diferent sexe.