USA: Biden signs executive order to advance LGBTQI+ equality

US President Joe Biden Wednesday signed an executive order which directs key federal agencies to advance LGBTQI+ equality and protect communities from hateful attacks.

Biden’s executive order, which was signed during Pride Month, will combat historic anti-LGTBQI+ laws passed across the US. The executive order will address discriminatory legislative attacks, prevent conversion therapy, safeguard health care and mental health, support LGBTQI+ children and families, and advance LGBTQI+ equality.

Biden outlines that these objectives will be achieved through a variety of efforts across various US federal agencies. In regards to countering harmful state and local laws, “[w]ithin 200 days of the date of this order, the Secretary of Education shall develop and release sample policies for supporting LGBTQI+ students’ well-being and academic success in schools and educational institutions.”

Biden encouraged the Federal Trade Commission “to consider whether so-called conversion therapy constitutes an unfair or deceptive act or practice, and to issue such consumer warnings or notices as may be appropriate.”

In order to provide counseling and resources “[t]he Secretary of [Health and Human Services] shall seek to expand the availability of family counseling and support programs in federally funded health, human services, and child welfare programs[.]”

Within one year of this executive order, Biden ordered that individuals across various US federal agencies submit a report which will detail the implementation of this order.

Anti-LGBTQI+ bills that have been been legislated across the US include bills that restrict healthcare for transgender youth, single-sex facility restrictions, exclude transgender youth from athletics, provide school or curriculum restrictions, and restrict access to IDs. Additionally, Florida faced controversy over its Parental Rights in Education Bill, which is commonly referred to as the “Don’t Say Gay” bill. A similar bill was advanced in North Carolina.

In further support of the LGBTQI+ community, “[t]he State Department announced it will allow U.S. embassies and diplomatic outposts to fly the Pride flag on the same flagpole as the U.S. flag at their embassy or consulate.”

On Biden’s first day in presidential office, he signed another executive order on January 20, 2021 to prevent and combat discrimination against LGBTQI+ Americans. This executive order specifically addressed enforcement regarding prohibition of sex discrimination based on gender identity or sexual orientation.

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Albania – A new National Action Plan for LGBTI+ persons

Read: https://www.equalitylaw.eu/downloads/5588-albania-a-new-national-action-plan-for-lgbti-persons-116-kb

Slovenia – Criteria for blood donation are discriminatory based on sexual orientation and gender

Read: https://www.equalitylaw.eu/downloads/5587-slovenia-criteria-for-blood-donation-are-discriminatory-based-on-sexual-orientation-and-gender-87-kb

Greece – Signing of the Ministerial Decision for the revised Blood Donation Form that disconnects the blood donation from the sexual orientation of the candidate blood donor

Read: https://www.equalitylaw.eu/downloads/5586-greece-signing-of-the-ministerial-decision-for-the-revised-blood-donation-form-that-disconnects-the-blood-donation-from-the-sexual-orientation-of-the-candidate-blood-donor-91-kb

Lithuania – Protection against harassment and victimisation is expanded in relation to (notably) the supply of goods and services

Read: https://www.equalitylaw.eu/downloads/5648-lithuania-protection-against-harassment-and-victimisation-is-expanded-in-relation-to-notably-the-supply-of-goods-and-services-101-kb

US appeals court rules charter school dress code (skirts for girls and pants for boys) violates Equal Protection Clause

The US Court of Appeals for the Fourth Circuit ruled Tuesday that a North Carolina school’s dress code requiring females to wear skirts violates the 14th Amendment’s Equal Protection Clause.

The Charter Day School required all female students to wear skirts, noting that “girls are ‘fragile vessels’ deserving of ‘gentle’ treatment by boys.” Male students were required to wear shorts or pants. All students were required to wear a unisex polo shirt. Failure to comply with the dress code resulted in disciplinary measures, including parental notification, removal from class, and even expulsion.

Several mothers of female students sued the school and argued the dress code was a “sex-based classification rooted in gender stereotypes.” They asserted that the dress code made female students feel like they were more delicate than boys, were not worth as much as boys, and should be less active than boys. Additionally, girls avoided numerous physical activities in school, like climbing, using the swings, and playing soccer due to the skirt requirement.

The charter school responded by claiming they emphasized “traditional values” and implemented the dress code to instill discipline and keep order.

The Fourth Circuit decided that the dress code was discriminatory and treated females unequally. The school’s interest in preserving traditional values was not sufficient to withstand judicial scrutiny. The court concluded that if the school wishes to keep its “traditional” dress code, then it cannot operate as a charter school.

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Watch now 10 hours of “II Congreso Internacional LGBTI de Andalucía” (in Spanish and sign language)

Watch: https://www.youtube.com/watch?v=uLzRL2oB7-o

Prix senior Maurice Chalumeau (PhD thesis)

Prix senior Maurice Chalumeau
Le «Centre Maurice Chalumeau en sciences des sexualités» octroie chaque année ce prix destiné à récompenser des thèses de doctorat non encore publiées, dans le domaine des sexualités. Délai de dépôt de candidature: 1er septembre 2022.

S’inscrire

ECtHR: Inadequate legal response to homophobic murder: Bulgarian law must change

In today’s [14 June 2022] Chamber judgment in the case of Stoyanova v. Bulgaria (application no. 56070/18) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 14 (prohibition of discrimination) taken together with Article 2 (right to life) of the European Convention on Human Rights.

The case concerned the homophobic murder of the applicant’s 26-year-old son. His attackers, secondary-school students, had singled him out for assault because they had thought he looked like a homosexual. The attackers had been found guilty of aggravated murder, but had been given sentences which were below the statutory minimum after the courts took into account mitigating factors such as their young age and clean criminal records.

The Court found in particular that, although the Bulgarian courts had clearly established that the reason behind the attack had been the perpetrators’ hatred for homosexuals, there had been no tangible legal consequences. This was because the Bulgarian Criminal Code did not provide for homophobia as a specific aggravating factor in respect of the crime of murder. Therefore, under Article 46 (binding force and implementation), the Court found that Bulgaria had to ensure that violent attacks motivated by hostility towards the victim’s actual or presumed sexual
orientation were treated as aggravated in criminal-law terms.

A legal summary of this case will be available in the Court’s database HUDOC (link)

USA: Federal judge temporarily restrains Texas investigations of families over gender-affirming care for minors

A US federal judge Friday temporarily restrained Texas from investigating doctors or parents over gender-affirming care for minors. The order includes families who are a part of LGBTQ+ organization PFLAG.

Ken Paxton, the state’s attorney general, released an opinion which prompted the investigation in February. The opinion states that under Texas law any gender-affirming care provided to a minor is “child abuse.” 

Paxton stated following the opinion:

There is no doubt that these procedures are ‘abuse’ under Texas law, and thus must be halted. The Texas Department of Family and Protective Services (DFPS) has a responsibility to act accordingly. I’ll do everything I can to protect against those who take advantage of and harm young Texans.

Texas Governor Greg Abbott approved the opinion and mandated that state agencies investigate gender-affirming care for minors as child abuse.

The case filed earlier this week is brought by three transgender children and their parents, who began being investigated after the children were prescribed gender-affirming treatment.

Brian Bond, PFLAG executive director, said following the order that “[f]amilies will be protected from invasive, unnecessary, and unnerving investigations by DFPS simply for helping their transgender children thrive and be themselves is a very good thing.” 

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