Join the event on cross-border recognition of familial ties within the European Union

On 19 April, COFACE is organising an online talk within their regular breakfast byte webinars looking at different types of support to families. The event will discuss cross-border recognition of familial ties within the European Union. The webinar will present the results of a study conducted on this topic in 2021, giving more evidence of the existing obstacles and offering a range of recommendations to the EU institutions and Member States on why and how they could push for a better cross-border recognition of rainbow families.

Read more and register for the event.

Kosovo’s Parliament rejected draft bill on same-sex partnerships

On 16 March, the Parliament of Kosovo rejected a draft bill that would recognise the rights of same-sex partnerships. The debate in parliament highlighted discriminatory, homophobic views and rhetoric and incitement to hatred. ILGA-Europe condemned the misinformation and discriminatory speech used in the parliament when the draft civil code was rejected due to its inclusion of the possibility to regulate same-sex partnership.

Read reactions from LGBTI civil society in Kosovo.

USA: Gay rights advocates sue Florida governor over ‘Don’t Say Gay’ law

Gay rights advocates Thursday sued Florida Governor Ron DeSantis to block a new law that will forbid classroom instruction on sexual orientation and gender identity in kindergarten through third grade.

DeSantis signed the bill, commonly referred to as the “Don’t Say Gay” bill by opponents, on Monday. The bill, approved by the Senate earlier in March, restricts “[c]lassroom instruction by school personnel or third parties on sexual orientation or gender identity” for students in kindergarten through third grade that is deemed inappropriate by “state standards.”

Equality Florida and Family Equality filed a challenge Thursday in federal court in Tallahassee alleging that the law violates constitutionally protected rights of free speech, equal protection and due process of students and families. The lawsuit alleges that: “This effort to control young minds through state censorship – and to demean LGBTQ lives by denying their reality – is a grave abuse of power.” Critics of the law are especially concerned about the law’s language, particularly that “age appropriate” could be interpreted broadly so that any discussion in any grade could ultimately trigger a lawsuit.

Studies have shown that LGBTQ youth face higher health and suicide risks than their straight or cisgender peers. The Trevor Project has found that, when kids are given a safe space to affirm their gender identity, they report lower rates of suicide attempts. The Trevor Project condemned the signing of the bill in a statement, saying it erases “LGBTQ identity, history, and culture.” Many others have opposed the bill, including the Walt Disney Company and the White House.

The law takes effect July 1.

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USA: Biden administration announces measures to make federal ID more inclusive

The Biden administration Thursday announced several measures to make federal forms of identification more inclusive of transgender and nonbinary Americans.

In a release posted to the White House website, the administration said that the Department of State would allow Americans to enter their gender as “X” on US passport applications starting on April 11. The White House also announced changes to body scanners operated by the Transportation Security Administration, moving the scanners away from the current gender-based system which the administration believes will reduce the number of false alarm rates and pat-downs required.

Additionally, the TSA has updated its procedures to no longer consider gender when validating a traveler’s identification at check points. It is in the process of adding the “X” gender marker to its pre-check program, and it is being instructed to work closely with airlines to ensure the acceptance of the “X” gender marker.

Beyond the Department of State, the Biden administration announced several programs to provide resources to transgender kids and their families. It also announced programs to improve access for transgender Americans to federal services and benefits like retirement savings, employment discrimination complaint, and student aid.

The announcement was part of the White House’s participation in Transgender Day of Visibility, held annually on March 31. It was made at a time when several states are advancing legislation targeting the transgender community.

The Justice Department issued a letter Thursday to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination. The Biden administration mentioned several efforts taken by the president to fight these efforts and once again called upon the Senate to pass the Equality Act, which would provide federal civil rights protections to transgender and LGBTQI+ Americans and their families.

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Suisse: Le Conseil fédéral publie un rapport sur le concubinage et la possibilité d’un PACS

Berne, 30.03.2022 – Moins strict que le mariage, mais plus contraignant que le concubinage : un nouveau régime juridique sur le modèle du PACS (pacte civil de solidarité) français permettrait de clarifier dans certains domaines les droits et les devoirs entre les partenaires […]

Switzerland: The Federal Council publishes a report on cohabitation and the possibility of a civil union for everyone — LGBTI Recht in der Schweiz – Droit LGBTI en Suisse – by Professor Andreas R Ziegler

USA: Oklahoma governor signs bill banning transgender girls from public school sports

Oklahoma Republican governor Kevin Stitt Wednesday signed into law a bill that bans transgender women and girls from competing on sports teams consistent with their gender at public schools and colleges in the state.

SB2, also known as the Save Women’s Sports Act, requires sports teams at public schools to be designated based on biological sex, either male, men, or boys, or female, women, or girls. It also provides a third category of coed or mixed teams. The act states that teams designated for females, women, or girls “shall not be open to students of the male sex.” Violations of the act would open up schools to lawsuits from students.

At the signing, the governor called the act “common sense,” asserting that “When it comes to sports and athletics, girls should compete against girls. Boys should compete against boys.” He stressed the biological differences between men and women and contended that it is not fair for a female athlete to compete against “a biological male.”

Tamya Cox-Touré, executive director of the ACLU of Oklahoma, said after the signing that the governor “has sent a clear message to Oklahoma’s vulnerable transgender youth that they are not welcome or accepted in our State.” She called the act an attack on the transgender community, and stated that it “violates the United States Constitution and federal civil rights law, puts Oklahoma at risk of losing federal funding, and harms transgender youth.”

The act took effect immediately after signing.

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ECtHR: Y v POLAND 2022 – annotation of gender reassignment in full birth certificate – no violation (Judgment 17.2.2022)

In today’s Chamber judgment1 in the case of Y v. Poland (application no. 74131/14) the European Court of Human Rights held, unanimously, that there had been:
– no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights, and
– no violation of Article 14 (prohibition of discrimination).

The case concerned applications by Y, a transgender man, to have reference to his gender assigned at birth removed from his birth certificate, or to have a new birth certificate issued. The Court found in particular that the applicant had been unable to demonstrate that he had suffered any disadvantage as a result of the decisions of the domestic authorities. They had balanced the interests at stake, acting within their discretion, when refusing to alter the full birth certificate.

https://hudoc.echr.coe.int/fre#%22itemid%22:%5B%22002-13567%22%5D

ECtHR: Refusal to recognise a legal relationship between a child and the biological mother’s ex-partner: no violation of Article 8 ECHR

Posted: 29 Mar 2022 04:25 AM PDT (c) Paul Johnson, http://echrso.blogspot.com/

The Fifth Section of the European Court of Human Rights has issued its judgment in C.E. and Others v France holding unanimously that there has been no violation of Article 8 (right to respect for private and family life) of the ECHR. 

The judgment concerns two cases. 

The first case relates to the rejection by the French domestic courts of an application for full adoption of a child, made by the biological mother’s former partner. 

The second case concerns the French domestic courts’ refusal to issue a document attesting to a matter of common knowledge (“acte de notoriété”) recognising a legal parent-child relationship, on the basis of de facto enjoyment of status (“possession d’état”), between a child and the biological mother’s former partner.

The judgment is only available in French, but a Press Release of the Court summarises the judgment. 

Comment: The French legislation has been changed for the future (under a 2021 law in France, the biological mother’s partner can now establish a legal (parental) relationship with the child shortly after a birth through donor insemination.

USA: Florida governor signs bill restricting education on LGBTQ issues

Florida Governor Ron DeSantis Monday signed into law the controversial Parental Rights in Education Bill, commonly referred to as the “Don’t Say Gay” bill.

The bill, approved by the Senate earlier this month, restricts “[c]lassroom instruction by school personnel or third parties on sexual orientation or gender identity” for students in kindergarten through third grade that is deemed inappropriate by “state standards.”

The bill also bans:

procedures or student support forms that prohibit school district personnel from notifying a parent about his or her student’s mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information.

Upon signing, DeSantis said, “Parents’ rights have been increasingly under assault around the nation, but in Florida we stand up for the rights of parents and the fundamental role they play in the education of their children.”

However, the bill has faced harsh criticism from numerous organizations. Lambda Legal CEO Kevin Jennings said, “Governor DeSantis will stop at nothing to serve his political ambitions even if it means hurting LGBTQ+ young people, some of the most vulnerable people in our communities.” Joni Madison, Interim President of the Human Rights Campaign, said, “Today, Governor DeSantis once again placed Florida squarely on the wrong side of history, and placed his own young constituents directly in harm’s way – and he has done this for no other reason than to serve his own political ambitions.”

According to a poll by the Public Opinion Research Lab at the University of North Florida, 49 percent of Floridians oppose the legislation, and only 40 percent support it.

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