Thailand legalises equal marriage in historic moment for Southeast Asia

More: https://www.thepinknews.com/2024/09/25/thailand-legalises-equal-marriage-in-historic-moment-for-southeast-asia/

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The Thai Royal Gazette announced on Tuesday that Thai King Maha Vajiralongkorn had endorsed the Marriage Equality Bill, recognizing same-sex marriage.

The bill revises several sections of the Civil and Commercial Code. Amendments to the law employ gender-neutral language and grant LGBTQ+ couples marriage, child adoption, inheritance and healthcare consent rights. The law will enter into force 120 days from the day of the royal assent’s publication, on January 22, 2025. The Senate of Thailand passed the marriage equality law in June, voting 130-4 in favor of its passing with 18 abstentions. The passing of the bill in June was the culmination of years of tireless efforts of activists.

The publication of the bill notes the Civil and Commercial Code is inconsistent with the current social conditions, affirming that “it is appropriate to amend certain provisions in the Civil and Commercial Code to support people of diverse genders to be engaged and married, which will give them equal rights, duties and family status as male and female spouses.”

Thailand is regarded for its overwhelming public support for marriage equality, as illustrated through polls. Over 99 percent of participants in a poll conducted ahead of the bill’s passing in June supported the enactment of the law. Past studies and surveys have reported “persistent experiences of stigma and discrimination, violence and exclusion,” despite the support for inclusive policies and laws.

Amnesty International’s Thailand researcher Chanatip Tatiyakaroonwong stated, following the Senate’s decision in June, “While there is no doubt that the legalization of marriage for LGBTI couples is a key milestone for Thailand, much more must be done to guarantee full protection of LGBTI people in the country.” Citing the violence and discrimination LGBTI people in Thailand still experience, Tatiyakaroonwong asserted, “The authorities must build on the momentum and take further steps that protect the rights and ensure the participation of LGBTI people and organizations.”

The Prime Minister of Thailand, Paetongtarn Shinawatra, posted a message on X (formerly Twitter) celebrating the announcement, writing, “Thank you for the support from all sectors. This is a joint fight for everyone.” The former Prime Minister, Srettha Thavisin, also voiced his support, celebrating the enactment of the bill as “Another important step for Thai society,” noting, “Gender diversity will finally be fully accepted.”

The endorsement of the Marriage Equality Bill makes Thailand the first Southeast Asian country to implement marriage equality legislation and the third country in Asia, following Nepal and Taiwan, to recognize same-sex marriage.

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Georgia: call to rescind new anti-LGBTIQ+ law

The newly adopted law on “family values and protection of minors” in Georgia contains provisions that present risks to a wide range of human rights. These include the rights to equality, non-discrimination, education, health, freedom of expression, peaceful assembly and association, as well as privacy, liberty and security.

See: https://www.ohchr.org/en/press-releases/2024/09/georgia-call-rescind-new-anti-lgbtiq-law

ECtHR: Poland breached the right to respect for the family life of two same-sex Polish couples married abroad by failing to recognise their relationships

The European Court of Human Rights has found that Poland breached the right to respect for the family life of two same-sex Polish couples married abroad by failing to recognise their relationships

Joint statement by ILGA-Europe, FIDH, NELFA and ECSOL

Case of Formela and others v. Poland, in which the European Court of Human Rights (ECtHR) found that Poland violated Article 8 (the right to respect for private and family life) of the European Convention on Human Rights.

Join us in Geneva to celebrate the launch of the Oxford Handbook on LGBTI Law (10 and/or 11 October 2024)

We will celebrate the launch of the digital version of the book with a book launch followed by a reception on Thursday 10 October 2024 at the Villa Moynier, home of the Geneva Academy. For a preview of the book check out this link !

On 11 October 2024 some of our authors will discuss important legal questions during a symposium at the same venue. It is open to the public.

We hope that many members of academia, international organisations, governments and civil society will join us for these important events.

Participation in both events is free of charge but registration is required. Use the QR Code or the following link. In case of technical problems write to Email: raphael.bagi@unil.ch.

We look very much forward to sharing this important moment with you.

Andreas R. Ziegler (Université de Lausanne)

Michael Lysander Fremuth (Universität Wien)

Berta Esperanza Hernandez-Trujol (University of Florida)

US Court of Appeals confirms district court decision on transgender sport bans

The US Ninth Circuit Court of Appeals on Monday affirmed a lower court’s decision to restrict legislation that bans transgender girls from playing sports in an all-girls team.

The plaintiffs, Kate and Megan Doe, two transgender minors, challenged Senate Bill 1165 (Save Women’s Sports Act), which bans transgender girls and women from taking part in women’s sports and teams that match their gender identity. The bill applies to all educational levels, ranging from elementary school to university.

In April 2023, Kate and Megan Doe sued the defendants, the Arizona Superintendent of Public Instruction, and their schools, seeking injunctive relief. The complainants relied on Sec. 1681(a) of Title IX of the Education Amendments of 1972, which prohibits discrimination where a school receives federal financial assistance, and the Fourteenth Amendment, Equal Protection and Rights of Citizens, where “every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.”

In July of 2023, the US District Court for the District of Arizona ruled that the Act should not prevent the plaintiffs from playing sports, finding that there was no significant athletic advantage before puberty and in girls who received puberty blockers. The court also granted a preliminary injunction, allowing the applicants to continue playing on their sports teams. The three-judge panel of the Ninth Circuit Court of Appeals held that the lower court’s decision was correct and that the Save Women’s Sports Act discriminates against transgender people, violating the Equal Protection Clause. However, the court did not conclude whether Title IX was violated or not. The case is still set to go to trial.

In 2022, Arizona’s Governor Doug Ducey signed Senate Bill 1165, which defined gender in interscholastic sports. The bill stated that “‘female’, ‘women’ or ‘girls’ may not be open to students of the male sex” and that the legislature finds biological sex to be “either male or female” and “biological differences between males and females are determined genetically during embryonic development.” Previously, before 2021, transgender students participated in sports on a case-by-case basis.

86 percent of transgender and non-binary youth find that anti-trans bills negatively impact their mental health. The American Civil Liberties Union is currently tracking 530 anti-LGBTQ bills in 2024, 13 of which aim to ban transgender students from playing on sports teams that match their gender identity.

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Iran summons Australian ambassador over ‘norm-breaking’ pro-LGBTQ+ Instagram post

Australia’s ambassador to Iran has reportedly been summoned to the country’s foreign ministry after sharing a pro-LGBTQ+ post on Instagram.

More: https://www.thepinknews.com/2024/09/03/iran-australia-lgbtq-instagram/

US appeals court allows Florida ban on gender-affirming care for minors

The US Court of Appeals for the Eleventh Circuit on Monday stayed a lower court decision to block Florida laws that ban gender-affirming care for transgender minors and restrict such healthcare for transgender adults.

The decision allows for Florida to enforce SB 254 (Treatments for Sex Reassignment), which bans hormone replacement therapy for minors and limits transgender healthcare for adults, while pending an appeal of a June federal court ruling in June that found the ban unconstitutional. The three-panel judges ruled 2-1 in favor of the defendants-appellants, Florida Surgeon General Joseph Ladapo and the Florida Board of Medicine (BOM).

Judges Britt Grant and Robert Luck, both appointed by former president Donald Trump, were in the majority. Judge Charles Wilson dissented. He contended that the matter is “a medical issue, where patients are best left to make decisions alongside health professionals, with access to complete, unbiased information, as needed” and that the plaintiffs would “suffer if the stay were granted.” If the law is violated, children undergoing hormone replacement therapies or blockers may be taken into the state’s custody. Doctors can face imprisonment, fines and/or loss of license.

The federal appellate court’s order undoes Judge Robert Hinkle’s June 11 ruling that stopped Florida from enforcing the law. Last month, while the case went through appeals, Hinkle confirmed his June ruling. He stated that the 2023 ban on puberty blockers and hormone replacement therapy for minors and limitations for transgender adults directly attacked transgender people and violated the rights of transgender people and transgender children’s parents.

In March 2023, Florida families filed a lawsuit against the ban, arguing that it impacted needed medical care for transgender youth and that the law removed parents’ right to make informed decisions. Last month GLBTQ Legal Advocates & Defenders (GLAD) extended the lawsuit to include four transgender adults to deal with SB S54’s restriction on adult transgender healthcare. Various organizations representing the plaintiffs expressed their disappointment in appeals court’s decision, saying that “restrictions were based on disapproval of transgender people and serve no purpose other than to harm transgender Floridians”.

Currently, 39.4 percent of youth live in states that ban transgender healthcare. There are 642 bills in 2024 that block transgender healthcare, education and legal recognition. Seventy-nine are being considered at a federal level and 45 that have been passed.

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Australia judge awards transgender woman $10k for gender discrimination claim against women-only app

An Australian judge on Friday awarded a transgender woman $10,000 for her claim of gender discrimination, finding she had been indirectly discriminated against by a women-only social media app.

Justice Bromwich rejected the woman’s claim of direct discrimination but found her claim of indirect discrimination on the basis of gender successful since the app imposed the condition that users have the appearance of a cisgender woman. The plaintiff also sought orders for a written apology, but Justice Bromwich declined to make those orders on the basis that any apology by the respondent would not be sincere.

Roxanne Tickle made a complaint to the Australian Human Rights Commission (AHRC) in December 2021 under Section 22 of the Sex Discrimination Act 1984 (Cth). She asserted that in being blocked from Giggle, an app marketed exclusively for women to share experiences and speak freely in a “safe space,” she was being discriminated against on account of her gender identity. 

Giggle founder Sall Grover said that Tickle was removed from the app “because they are male, no other reason.” Grover confirmed that Tickle’s removal was “manual,” saying that she looked at Tickle’s onboarding selfie and “saw a man.” She added, “The Al software had let them through, thereby making a mistake that I rectified.”

Tickle first downloaded Giggle in 2021. To access the app, users are required to upload a selfie to the platform, which is then assessed by third-party artificial intelligence (AI) software that determines whether the person is a man or a woman. If the software verifies that the user is a woman, she is granted full access to the app.

Tickle underwent this process and was provided with full access to the app between February 2021 and September 2021. After this period, the applicant found that she could no longer use any of the app’s features, such as posting content or commenting on other’s posts. She then received a ‘User Blocked’ message. Tickle attempted to contact the app’s owners about this issue, to which she received no response.

Australia’s Sex Discrimination Commissioner Dr. Anna Cody commended the case for recognizing that everyone deserves equal and fair treatment under the law, regardless of gender identity. Cody stated:

We must continue to recognise the worth and dignity of every person and reject the harmful stigmas and stereotypes that cause discrimination. No one in Australia should face exclusion or discrimination based on sex or gender identity, and we will continue to stand with trans communities and advocate for the rights of all women, including women who are trans.

This is the first case alleging gender identity discrimination to be heard by the Australian Federal Court.

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Algerian boxer and Olympic gold medalist Imane Khelif filed a complaint on Saturday over online abuse following a controversial gender debate that made headlines during Paris’s Olympic Games.

Khelif’s lawyer, Nabil Boudi, announced via a press release on the social media platform X that he filed a complaint with the anti-online hatred center of the Paris Public Prosecutor’s Office for acts of aggravated cyber harassment. Boudi stated that the criminal investigation aims to clarify who initiated and perpetuated the “misogynistic, racist and sexist campaign” against the boxer.

Imane Khelif and Taiwan’s Lin Yu-ting became the subjects of significant controversy and online harassment after being allowed to compete in the 2024 Paris Olympics despite being disqualified by the International Boxing Association (IBA) from the IBA Women’s World Boxing Championships New Dheli in 2023 for reportedly failing gender eligibility tests.

The IBA was previously stripped of its recognition by the International Olympic Committee (IOC) over concerns related to governance, finance and ethical matters. The IOC, however, cleared the two athletes for the Olympic Games, stating that all athletes in the boxing tournament complied with the relevant eligibility, entry and medical regulations, whilst also criticizing the IBA’s previous disqualifications.

Numerous human rights NGOs also heavily condemned the developments occurring online. The Sports & Rights Alliance urged for social media platforms to respect human rights whilst describing the online abuse directed towards the two Olympic boxers as “horrifying,” “unconscionable” and “unfounded.”

Human Rights Watch (HRW) expressed similar sentiments, supporting the IOC’s decision and condemning the so-called practice of “sex testing.” The NGO previously published a 127-page long report concerning human rights violations in “sex testing” of elite women athletes in 2020 by the sport governing body World Athletics, which primarily targeted women with elevated testosterone levels. The report provides a detailed account of how these practices violate the most fundamental rights, including the rights to privacy, dignity, health, non-discrimination, freedom from ill-treatment and employment. According to HRW, such regulations subject female athletes to unnecessary medical procedures carried out under coercive conditions, often making them the target of intense speculation and humiliation. In turn, HRW applauded the IOC’s new “Framework on Fairness, Inclusion, and Non-Discrimination on the Basis of Gender Identity and Sex Variations” for countering many of the harmful elements in previous sex-testing regulations.

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