Tag Archives: gender

EU states must recognize gender changes obtained in other bloc countries, says top court

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European Union states must recognize gender changes obtained in other bloc countries, says top court

See: https://www.lemonde.fr/en/european-union/article/2024/10/04/eu-states-must-recognize-gender-changes-obtained-in-other-bloc-countries-says-top-court_6728196_156.html

Judgment of the Court (Grand Chamber) of 4 October 2024.
M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others.
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti.
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union.
Case C-4/23.

Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 45 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding legislation of a Member State that does not permit recognition and entry in the birth certificate of a national of that Member State of a change of first name and gender identity lawfully acquired in another Member State, when exercising the right to free movement and residence, with the consequence that that person is obliged to initiate, before a court, new proceedings for a change of gender identity in the first Member State, which disregard the change that was previously lawfully acquired in that other Member State.

See: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0004

USA: Texas city approves transgender bathroom ban

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Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.

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Russia adopts bill banning adoption for countries that allow gender reassignment

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Russia adopts bill banning adoption for countries that allow gender reassignment

Members of Russia’s State Duma, the country’s legislative authority consisting of 450 members, adopted a bill Wednesday which will ban the adoption of children from the Russian Federation by citizens in countries where gender reassignment is permitted, emphasizing the need to uphold “traditional values.” The bill was approved by an absolute majority of the State Duma members in the first reading, and will now become law.

Chairman of the State Duma, Vyacheslav Volodin, who proposed the bill, discussed the rationale behind the bill:

This decision is aimed at protecting childhood and traditional values. The absolute majority of State Duma deputies supported the adoption of this initiative. It is necessary to protect our children from the threats they may face when they are adopted or under guardianship by citizens of foreign countries where gender reassignment is legal.

This adoption ban comes just a year after Russian lawmakers passed a law banning gender-affirming surgeries for transgender people in the country. The bill prohibited transgender individuals from receiving hormone therapy, making changes of gender on official Russian documentation, and barred any who have already transitioned from adopting children. It also annulled transgender individuals’ marriages.

Russia has previously been restrictive with adoptions. In 2012, a federal law was passed to prohibit the adoption of Russian children by US citizens and in 2023. Russian media outlet RBC (РБК) reported in June that a decrease in adoption from foreigners of 89 per cent was registered in 2023, with only six children adopted by foreign nationals, due to the restrictive nature of such legislation. According to the presidential commissioner for children’s rights report, it is expected that the adoption of Russian children by foreigners will completely cease because of diplomatic tension heightened by current events.

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