Conservatives launch ‘shameful’ last-ditch bid to block same-sex marriage days before it becomes a reality in Costa Rica
The annual Rainbow Map ranking found that there has been no positive change for LGBT+ people in the past year in 49 per cent of the countries polled
Search for Astraea’s next Executive Director or Co-Directors
The new Executive Director or Co-Directors will build on Astraea’s proud radical history to create a nimble, thriving, and resilient organization that effectively and efficiently shifts power to LGBTQI people.
Switzerland ranks mid-table in Europe for gay rights (ILGA Rainbow Index 2020)
Switzerland is far from the vanguard when it comes to the legal rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, according to an international interest group. In a European comparison by ILGA Europe, Switzerland ranks 23rd among 49 countries. IGLA Europe cites a lack of protection for those who are transgender or intersex, as well as a lack of measures for equality at the workplace and in marriage and family matters. In addition, the group says Switzerland doesn’t do enough to combat hate crimes. This “rainbow map”, published on Thursday, shows the comparison at a glance: The ranking reflects an improvement on the previous year, when Switzerland came 27th. In February, 63.1% of voters backed extending anti-racism legislation to make it illegal to discriminate against people based on their sexual orientation. Rainbow Europe 2020 was topped by Malta, followed by Belgium and Luxembourg. Azerbaijan came 49th, below Turkey and Armenia. Unfinished …
VIENNA – Levels of “fear, violence and discrimination remain high” for lesbian, gay, bisexual, transgender and intersex people in Europe, according to a survey published Thursday by the EU’s Fundamental Rights Agency (FRA).
Even though more LGBT people feel able to be open about their identities, 43 percent of those asked felt discriminated against in the 12 months before the survey was conducted in 2019.
That represents a rise of six points since the FRA carried out a similar survey in 2012.
The difference is even starker among transgender respondents, 60 percent of whom felt discriminated against in 2019 as opposed to only 43 percent in 2012.
In the largest survey of its kind, FRA questioned 140,000 LGBT people in the 27 EU member states, as well as Britain, Serbia and North Macedonia.
For the first time, respondents included intersex people and 15- to 17-year-olds.
The Vienna-based agency says discrimination is exacerbated when negative messages about LGBT people are relayed by the media, politicians and other public figures.
EU Equality Commissioner Helena Dalli said it was “worrying” that “we have recently witnessed within the EU anti-LGBTI incidents such as attacks on prides, the adoption of ‘LGBTI ideology-free zone’ declarations, fines for LGBTI-friendly advertisements and others.”
However her statement stopped short of naming Poland, where such incidents have occurred.
The report cites Malta and Ireland as examples of places where respondents have perceived an increase in tolerance since 2012.
However, six out of 10 “often or always avoid holding hands in public with same-sex partners”.
This masks wide variation across the continent, from more than eight out of 10 in Poland avoiding hand-holding to fewer than four in ten in Luxembourg.
The survey also found that 11 percent of respondents reported experiencing a physical or sexual attack in the five years before the survey, with higher rates for trans and intersex people.
When it comes to their economic situation, one in three LGBT people said they have difficulties in making ends meet.
The situation is again worse for intersex and trans where the rate of those in difficulty goes up to around half.
FRA director Michael O’Flaherty said that LGBT people’s “job and health care difficulties may worsen due to COVID-19”.
There are encouraging signs, with 48 percent of respondents aged 15 to 17 saying that in school someone has always or often supported, defended or protected them and their rights.
The trend was in part explained by the fact that younger respondents were much more likely to indicate that LGBT issues had been discussed during their time at school.
The FRA saw a need for member states to “build a culture of zero tolerance towards violence and harassment of the LGBTI community,” as well as training for police to ensure they detect and investigate hate crimes.
More: https://fra.europa.eu/en/news/2020/does-hope-or-fear-prevail-among-europes-lgbti-people
Webinar: UN Treaty Bodies strategic litigation on SOGIESC
On 20 May 2020, ILGA World hosts a webinar on strategic litigation on SOGIESC cases before the UN Treaty Bodies. I thought it may be of interest to some of you. If so, would be happy to have you there!
Date: Wednesday 20 May 2020
Time: 3:00 PM Central European Summer Time
Do you know that LGBTI activists from most countries in the world can bring individual cases to the United Nations Treaty Bodies? Have you heard about 31 LGBT cases already reviewed by these bodies? Join us for this webinar to know more about strategic litigation on SOGIESC cases before this human right forum!
We will present to you a toolkit on strategic litigation published by ILGA World in four languages.
ILGA-Europe and ISHR will talk about third-party interventions, the importance of Treaty Bodies cases for human rights defenders and the comparison between the United Nations Treaty Bodies and regional human rights courts.
You will also learn about strategic litigation efforts organised on local level, including a programme and cases brought to the United Nations against Russia, as well as the first case on criminalisation of same-sex sexual relations between women in Sri Lanka.
Join us and ask any questions you may have about strategic litigation and Treaty Bodies!
You can register here.
Read more about the webinar, speakers and the programme here.
This event is part of ILGA World’s #inthistogether: CONNECTED, our series of online roundtables and advocacy webinars on the queer world during and after COVID-19.
Gay Men Outed in South Korea After COVID-19 Outbreak in LGBTQ+ Bars
Many gay men are afraid to come forward to get tested.
By Michelle Kim May 11, 2020
USA: Federal appeals court orders State Department to reconsider intersex passport application case
The US Court of Appeals for the Tenth Circuit on Tuesday reversed and remanded a decision by the State Department rejecting an intersex passport application.
The State Department has historically applied a binary approach to identifying passport applicants based on their sex. In getting approved for a passport, everyone must be classified as either male or female. However, this has posed a problem for Dana Zzyym, who is intersex and does not identify as male or female. Zzyym requested a passport with an “X” for their sex because male or female would be inaccurate, and they supplied a letter from a physician confirming that they are intersex. The State Department denied the application. Zzyym challenged the decision by claiming in a lawsuit that the binary sex policy “exceeded the State Department’s statutory authority, was arbitrary and capricious under the Administrative Procedure Act, and violated the U.S. Constitution.”
The district court that heard the case determined that the State Department had violated the Administrative Procedure Act and thus did not move on to analyzing the Constitutional basis of Zzyym’s claims. The State Department appealed this holding, and the Tenth Circuit subsequently determined that, while the State Department acted within its authority, its authority was carried out in a manner that was arbitrary and capricious. Their arbitrary and capricious holding came from the fact that three of the five reasons the Department gave for denying Zzyym’s request were not supported in the administrative record.
Ultimately, the State Department is permitted to deny passports for almost any reason. A major problem with their reasoning, however, was that they claimed the binary sex policy was partly a way to “promote accuracy and reliability.” The court held that “for intersex individuals like Zzyym, treating every applicant as male or female would necessarily create inaccuracies.”
Thus, the Tenth Circuit Court required the State Department to reconsider Zzyym’s application for an intersex passport.
The post Federal appeals court orders State Department to reconsider intersex passport application case appeared first on JURIST – News – Legal News & Commentary.
USA: Federal judge rules strip clubs eligible for emergency federal loans
A judge for the US District Court for the Eastern District of Michigan issued a preliminary injunction Monday barring the Small Business Administration from enforcing a rule preventing “sexually oriented businesses that present entertainment or sell products of a ‘prurient’ (but not unlawful) nature,” from receiving emergency federal loans.
The rule also prevents banks, certain private clubs and political lobbying firms from receiving emergency federal loans that are guaranteed by the Small Business Administration as part of the Paycheck Protection Program (the PPP) in the CARES Act.
In his opinion, Judge Matthew Frederick Leitman found that the rule violated the intent of Congress in passing the PPP.
Simply put, Congress did not pick winners and losers in the PPP. Instead, through the PPP, Congress provided temporary paycheck support to all Americans employed by all small businesses that satisfied the two eligibility requirements—even businesses that may have been disfavored during normal times.
Leitman further clarified, “these are no ordinary times, and the PPP is no ordinary legislation.”
For more on COVID-19, see our special coverage.
The post Federal judge rules strip clubs eligible for emergency federal loans appeared first on JURIST – News – Legal News & Commentary.
Under a new law in France, Facebook, Twitter and similar online platforms will need to remove illegal content quickly or face large fines. Some critics say the law puts private companies in charge of policing speech.
More: https://www.dw.com/en/france-passes-disputed-law-on-online-hate-speech/a-53429587
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 