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.”
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.
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.
New report: Sexual and reproductive rights of LGBTQ people in Europe
Inspire, the European Partnership for Sexual and Reproductive Health and Rights launched their new report entitled “Queering SRHR: Report on the state of Sexual and Reproductive Health and Rights of LGBTIQ people in Europe”. The report starts by examining the rights of LGBTIQ families within Europe and by mapping the current state of LGBTIQ-centred discrimination across the world. It then proceeds to analyse in depth the sexual and reproductive healthcare barriers and inequalities that affect the daily lives of LGBTIQ individuals. Read here the report in full.
Guidelines to human rights-based trans-specific healthcare
Transgender Europe (TGEU) shared in December 2019 a brand-new guideline for the creation of healthcare legislation and protocols that are compliant with human rights. The guidelines depict what trans-specific healthcare should look like. It provides concrete examples of what trans people’s rights look like and what should or shouldn’t happen in trans-specific healthcare. It provides a set of recommendations for the creation of legislation and protocols. Read here the report in English.
Georgia’s Constitutional Court lifts ban on blood donation
LGBTI activists in Georgia legally challenged the 10-year ban for men who have sex with men and gay men from giving blood donations. The Constitutional Court declared on 17 December that the ban is discriminatory and unconstitutional. The Court postponed abolishment of the disputed provision until 31 March 2020. Read more from Tbilisi Pride’s news article.