Tag Archives: lgbtq

Ghana lawmakers reintroduce anti-LGBTQ+ bill imposing harsh restrictions

Lawmakers in Ghana reintroduced the Human Sexual Rights and Family Values Bill, a controversial and incredibly restrictive piece of anti-LGBTQ+ legislation, to Parliament on Tuesday.

Presently, in Ghana, gay sex is punishable by up to three years in prison. The bill is seeking to impose harsher penalties for engaging in consensual same-sex conduct by increasing the maximum penalty up to five years. Additionally, criminalizing the “funding or sponsorship for prohibited activities” and “advocacy, support” and promotion for LGBTQ+ rights or organizations, the bill imposes a term of imprisonment between five to ten years.

Introduced in 2021 as the Promotion of Proper Human Sexual Rights and Ghanian Family Values Bill, Ghana’s parliament passed the bill on February 28, 2024. However, former President Nana Akufo-Addo declined to sign the bill into law prior to the end of his term. The former president cited legal challenges as having prompted this delay, noting his intention to wait for the Supreme Court’s decision. Cases challenging the bill were eventually dismissed in December as the presidential assent was required to review them. Nana Akufo-Addo’s term ended in January 2025, resulting in the bill expiring without enactment.

President John Mahama expressed support for the bill during the Fellowship with the Clergy event on February 28, 2025, declaring, “I, as a Christian, uphold the principle and the values that only two genders exist, man and woman, that a marriage is between a man and a woman.” Referring to a conversation with the speaker of Parliament, Mahama asserted, “The renewal of the expired Proper Family Values Bill should be a bill that is introduced by government rather than as a private members motion, and it’s my hope that that consultation would see a renewed Proper Family Values Bill.”

In an interview with Citi News on February 27, 2025, Reverend John Ntim Fordjour, opposition party MP, confirmed the bill had been resubmitted, calling upon President John Mahama to provide presidential assent for its passing. Ten lawmakers sponsored its reintroduction, including MPs Samuel Nartey George and Emmanuel Kwasi Bedzrah from the National Democratic Congress, Ghana’s ruling party.

NGOs and advocacy groups such as LGBT+ Rights Ghana have expressed their concern for the impact on the LGBTQ+ community, admonishing the bill’s reintroduction as being “pushed by homophobic politicians and religious groups as means to promote oppression against Queer people in Ghana.” After its passing last year, Human Rights Watch researcher Larissa Kojoué stated, “The anti-LGBT rights bill is inconsistent with Ghana’s longstanding tradition of peace, tolerance, and hospitality and flies in the face of the country’s international human rights obligations.” She further noted, “Such a law would not only further erode the rule of law in Ghana, but could also lead to further gratuitous violence against LGBT people and their allies.”

The post Ghana lawmakers reintroduce anti-LGBTQ+ bill imposing harsh restrictions appeared first on JURIST – News.

USA: Iowa governor signs bill striking gender identity from state civil rights law

Leave a reply

USA: Iowa governor signs bill striking gender identity from state civil rights law

Iowa Governor Kim Reynolds on Friday signed into law a bill that removes gender identity as a protected class under Iowa civil rights law.

Reynolds emphasized that the state’s “Civil Rights Code blurred the biological lines between the sexes” in an unacceptable manner and that the new law will strengthen the state’s efforts to protect women and girls.

The governor stated:

[A]cknowledg[ing] the obvious biological differences between men and women … is necessary to secure genuine equal protection for women and girls. It is why we have men and women’s bathrooms, but not men and women’s conference rooms; girls’ and boys’ sports, but not girls’ math and boys’ math; separate men and women’s prisons, but not different laws for men and women. It is about the biological differences, and that is all.

The classes commonly protected under Iowa civil rights law are “race, creed, color, sex, sexual orientation, national origin, religion, or disability.” Iowa law prohibits discrimination against protected classes in schooling, housing, real estate, loaning, and employment practices.

The new law, however, changes the statutory construction of terms relating to sex and gender, stating that an individual’s sex is to be construed as being “either [biologically] male or female as observed or clinically verified at birth.” Gender is to be construed as synonymous to sex and not as a shorthand for “gender identity, experienced gender, gender expression, or gender role.” Additionally, “woman” and “girl” are to be construed as referring to a female, and “man” and “boy” are to be construed as referring to a male.

The law further provides that exceptions to sex discrimination are allowed “in prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and in other contexts where health, safety, or privacy are implicated resulting in separate accommodations” because they “are substantially related to … important government objectives.”

The law also prohibits teaching “gender theory” in public and charter schools. It defines gender theory to include:

The concept that an individual who experiences distress or discomfort with the individual’s sex should identify as and live consistent with the individual’s internal sense of gender, and that an individual can delay natural puberty and develop sex characteristics of the opposite sex through the use of puberty blockers, cross-sex hormones, and surgical procedures.

Prior to its passage, ACLU of Iowa Executive Director Mark Stringer called the bill “barbaric.” He elaborated that gender identity has been protected under Iowa civil rights law for almost two decades. He stated:

If Gov. Kim Reynolds signs this bill, Iowa will become the first state in the country to repeal protections for LGBTQ people from its state civil rights law. Iowa has been a trailblazer in advancing civil and basic human rights—from banning slavery all the way to ensuring marriage equality. In many instances, our laws have helped advance the causes of freedom and equality in our nation. It is shocking to think that Iowa may now become another first—the first to specifically single out transgender people for removal of their legal rights as enshrined in state antidiscrimination law.

The post Iowa governor signs bill striking gender identity from state civil rights law appeared first on JURIST – News.

USA: Trump signs executive order aimed at banning transgender athletes from women’s sports

Leave a reply

USA: Trump signs executive order aimed at banning transgender athletes from women’s sports

President Trump signed an executive order Wednesday aimed at keeping transgender women out of women’s sports by rescinding all funds from educational programs that allow transgender women to compete in women’s categories or to use women’s changing rooms.

Trump stated that the goal of this executive order is to “protect opportunities for women and girls to compete in safe and fair sports,” citing Title IX of the Education Amendments Act of 1972 and several Federal court cases including, Kansas v. U.S. Dept. of Education and Tennessee v. Cardona. Title IX states that, “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” This provision has brought the definition of “sex” to the forefront, as debated in both federal court cases in Kansas and Tennessee. Trump used these cases to highlight his interpretation of “Congress’ goal of protecting biological women in education.”

Some athletes celebrated the executive order, including Riley Gaines, Kaitlynn Wheeler, and Danica Patrick. Kaitlynn Wheeler stated, “this is a victory for every girl who has fought for fairness, every woman who refused to be silenced and every future athlete who deserves a level playing field.”

Trans athletes claim that the order will have detrimental effect on the trans community, including Karleigh Webb, who said, “this is part of a whole program to essentially erase transgender Americans from American life.” There are concerns that the policy will have the effect of excluding transgender women from participating in sports, with opponents claiming the policy is discriminatory.

Charlie Baker, the National Collegiate Athletic Association (the “NCAA”) President, released a statement addressing the executive order:

The NCAA Board of Governors is reviewing the executive order and will take necessary steps to align NCAA policy in the coming days, subject to further guidance from the administration. The Association will continue to help foster welcoming environments on campuses for all student-athletes.

With the Olympics headed to Los Angeles in 2028, there is debate over whether trans athletes will be able to compete. The International Olympic Committee has allowed transgender athletes to participate at the Olympics since 2004, but the first trans athletes to compete were in 2021. Trump has made it clear he intends to challenge the Olympic Committee on this policy moving forward.

The post Trump signs executive order aimed at banning transgender athletes from women’s sports appeared first on JURIST – News.

USA: Trump restricts access to gender-affirming treatment for transgender youth

Leave a reply

USA: Trump restricts access to gender-affirming treatment for transgender youth

US President Donald Trump issued an executive order on Tuesday directing federal agencies to restrict access to gender-affirming medical care for transgender youth under age 19 and block federal funding for such treatments.

The order requires federal health programs to exclude coverage for gender-affirming surgeries and hormone treatments for minors beginning in 2026. Key provisions include directing the Department of Health and Human Services to review and rescind its 2022 guidance on gender-affirming care; requiring medical institutions receiving federal research grants to halt providing these treatments to minors; instructing the Justice Department to prioritize investigations into potential consumer fraud related to long-term effects of these treatments; and calling for new protections for employees wishing to report on noncompliance by their colleagues.

The order also directs HHS to conduct a literature review on treatment options for transgender minors — which it refers to as “children who assert gender dysphoria, rapid-onset gender dysphoria, or other identity-based confusion” — within 90 days and tasks the Justice Department with working with Congress on legislation to create a private right of action for affected individuals.

Implementation timelines vary by agency, with initial progress reports due within 60 days.

The executive order comes amid an ongoing national debate over transgender rights and healthcare access. According to the Human Rights Campaign, transgender Americans face significant barriers to healthcare, with 22% lacking health insurance coverage and 29% reporting being denied care by medical providers due to their gender identity. Transgender youth in particular face heightened challenges – research indicates that many identify across a broad spectrum of gender identities, and have historically struggled to access appropriate medical care and support services. While public support for transgender rights grew from 25% to 62% between 2014 and 2019, transgender Americans continue to face disproportionate rates of poverty, discrimination in housing and employment, and difficulty obtaining accurate identity documents that match their gender identity.

The issues of gender-affirming care and treatment options for transgender youth featured prominently in the 2024 election season, with Trump-aligned Republicans largely disavowing the necessity of such care.

The post Trump restricts access to gender-affirming treatment for transgender youth appeared first on JURIST – News.

USA: Trump announces intent to restrict transgender rights

Leave a reply

USA: Trump announces intent to restrict transgender rights

In his first major rally since his win at the 2024 election, Donald Trump declared his intention to restrict transgender rights when he returns to office, proclaiming that he would “stop men from participating in women’s sports”.

Trump launched numerous attacks on trans rights throughout his first term, including banning transgender individuals from serving in the military and eliminating Department of Education provisions that maintained teachers should treat students in accordance with their gender identity, among others. Trump’s staunch denial of trans rights signifies a deepening conservative backlash against trans rights prevalent in the United States.

An example of this growing backlash is the Ohio Senate’s recent approval of a bill restricting trans students access to bathrooms. There has been additional litigation in the US regarding trans participation in sports, with two transgender girls obtaining permission from US Ninth District Court of Appeals to participate in sports following the state of Arizona passing legislation that prohibits them from doing so.

With the US Supreme Court to rule on the legality of providing transgender youth with gender affirming care this upcoming year, trans rights in America, especially for youth, are particularly unstable. Many trans people have reported preparing for Trump’s second term in office under the expectation of sweeping and pointed attacks on their rights. According to a report published in 2022, only 1.6 million people in the US over the age of 13 identify as trans, which is well under 1% of the population.

This did not stop Donald Trump from spending millions on advertisements focusing on anti-trans propaganda throughout the US election. Trans rights appear to be in urgent danger of being restricted as Trump prepares to take office.

The post Trump announces intent to restrict transgender rights appeared first on JURIST – News.

Japan court urges government to recognize legality of same-sex marriage

Leave a reply

Japan court urges government to recognize legality of same-sex marriage

The Fukuoka High Court ruled that Japan’s current policy against same-sex marriage is discriminatory and unconstitutional on Friday. This marks the third time a High Court in the country has declared the ban on same-sex marriage unconstitutional, and this ruling specifically calls on the government to undertake necessary legal reforms.

In this case, three couples living in Fukuoka and Kumamoto whose same-sex marriage registrations were rejected, sought compensation from the government. The six appellants claimed that the Civil Code of Japan and the Family Registration Act, which ban same-sex marriage, violates the Japanese constitution. This appeal followed the Fukuoka District Court’s ruling that the government was not required to take immediate legislative action, despite being in a “state of unconstitutionality.”

Presiding Judge Okada Takeshi highlighted the importance of legal recognition for same-sex couples, in light of the constitutional principles of individual dignity and gender equality. The court referenced Article 13 of the Constitution for the first time, stating that the absence of a legal framework for same-sex marriage denies individuals in same-sex relationships a means to pursue happiness.

He emphasized that sexual orientation is determined before birth or early in life and is not a choice that can be changed by will or psychiatric methods. Thus, the desire to pursue happiness through the establishment of a family is the same for both heterosexual and same-sex couples.

The government argued on definition of marriage under Article 24 of the Constitution, citing the terms “both sexes” and “husband and wife.” In response, the court clarified that the legislative intention of Article 24 was not to prohibit same-sex marriage but to eliminate the historical subordination of wives in the family system. “There is no longer any reason to not legally recognize marriage between same-sex couples,” Judge Okeshi concluded.

After the ruling, four plaintiffs hailed the decision outside the court. They held a sign , questioning why Japan’s parliament has not yet legalized same-sex marriage.

This ruling aligns with two prior High Court decision in Sapporo and Tokyo, which similarly deemed the government’s stance on same-sex marriage unconstitutional.

The post Japan court urges government to recognize legality of same-sex marriage appeared first on JURIST – News.

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Leave a reply

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

More: https://www.washingtonblade.com/2024/11/26/ugandan-court-awards-40k-to-men-tortured-after-arrest-for-alleged-homosexuality/

UN expert urges Poland to address discrimination and violence against LGBT community

Leave a reply

UN expert urges Poland to address discrimination and violence against LGBT community

A group of UN experts urged Poland to address entrenched discrimination and violence against the LGBT community through swift legislative and social reforms on Friday. The expert’s statement follows a comprehensive country visit, between November 18 and 29, that revealed both promising progress and persistent challenges.

The UN expert’s report highlights the enduring effects of discriminatory practices, such as the symbolic but impactful “LGBT-ideology free zones” established by over 100 local councils between 2015 and 2023. Although these resolutions lacked legal status, their existence underscored systemic prejudice and exacerbated the mental health challenges faced by the LGBT community. Activism and international pressure eventually led to the abandonment of these zones, but residual effects linger.

Significant gaps remain in areas such as education, employment, and healthcare. Schools lack adequate anti-discrimination training, leaving teachers ill-equipped to combat homophobia and transphobia. In workplaces, fear of discrimination prompts many LGBT individuals to hide their identities, while transgender people face additional barriers in accessing housing and healthcare. Recent legislative proposals aim to address these issues, but implementation remains uneven.

The report also draws attention to the challenges faced by same-sex couples, whose unions are neither recognised nor protected in Poland. Two recent European Court of Human Rights rulings, Przybyszewska and others v. Poland and Formela and others v. Poland, have found a breach of the right to private and family life under Article 8 of the European Convention on Human Rights, underscoring the need for legal recognition of same-sex unions, further pressuring the Polish government to act.

The UN Human Rights Council has mandated the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity to offer advice to States on how to remedy violence and discrimination since 2016. The visit was prompted by Poland’s recent steps to address human rights abuses, including a groundbreaking apology from the Ministry of Justice in December 2023 for the past harm caused to LGBT individuals by state actors and media. The apology marked a turning point, fostering improved access to government officials for civil society groups and signaling the possibility of legislative reform.

Encouragingly, a draft civil union bill and expanded hate crime protections are under consideration, signaling a shift toward a more inclusive legal framework. Municipal initiatives, such as Krakow’s growing Equality March, reflect changing societal attitudes, though officials acknowledge that political action has lagged behind public sentiment.

Despite these positive developments, Poland continues to rank last among European Union countries in LGBT legal protections, as highlighted in ILGA-Europe’s annual report. While amendments to the Polish Criminal Code now include sexual orientation in hate crime and speech provisions, gender identity remains excluded. Various cases of hate crime and speech, discrimination and isolation remain pertinent in Poland against the LGBT community.

As Poland grapples with its evolving role within the European Union, the UN expert emphasised the need for sustained commitment to human rights. “This moment represents an opportunity shaped by political circumstance,” the expert remarked, urging Poland to align its policies with EU standards and secure a more equitable future for all citizens.

The post UN expert urges Poland to address discrimination and violence against LGBT community appeared first on JURIST – News.

Ohio governor signs bill restricting transgender students’ access to school restrooms

Leave a reply

Ohio governor signs bill restricting transgender students’ access to school restrooms

Ohio Governor Mike DeWine on Wednesday signed a bill into law that restricts transgender students from using bathrooms that correspond with their gender identity.

Senate Bill (SB) 104 requires public school buildings and facilities to “designate each [communal] student restroom, locker room, changing room, or shower room” to be for “the exclusive use by students of the male biological sex only or by students of the female biological sex only.” Biological sex is defined in the bill to exclude an individual’s expression of gender identity other than what is on their official birth record. The bill also prevents schools from establishing gender-neutral restrooms.

The bathroom policy, known as the Protect All Students Act, was originally introduced as House Bill (HB) 183 before it was added to SB 104. HB 183 was sponsored by State Representatives Adam Bird and Beth Lear. Representative Bird explained that the “bottom line of this legislation is to protect students” and that he doesn’t “see that as a controversial issue.”

The ACLU of Ohio, however, “strongly urge[d] Governor DeWine to veto this bill and protect the rights of privacy of LGTBQ+ Ohioans statewide.” ACLU of Ohio Policy Director Jocelyn Rosnick commented that “SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages.”

Other states have moved to pass similar legislation. In October, for instance, the Odessa City Council in Texas approved a restriction for restroom use to biological sex. On Thursday, Speaker of the US House of Representatives Mike Johnson also restricted the use of gendered restrooms in the House to biological sex. The decision was based on HB Resolution 1579, which prohibits members and other employees of the House from “using single-sex facilities other than those corresponding to their biological sex.”

In January 2023, the ACLU filed a motion as an intervener in a federal lawsuit concerning an Ohio school district’s allowance of transgender students to use bathrooms that align with their gender identity. The US Court of Appeals for the Sixth Circuit heard oral arguments in late October, and the lawsuit is still ongoing.

The Senate passed SB 104 in mid-November by a 24-7 vote, sending the bill to the governor for approval. With his signature, the bill will now become law in 90 days.

The post Ohio governor signs bill restricting transgender students’ access to school restrooms appeared first on JURIST – News.

Hong Kong top court affirms same-sex couple rights in housing policies and inheritance law

Leave a reply

Hong Kong top court affirms same-sex couple rights in housing policies and inheritance law

The Hong Kong Court of Final Appeal ruled on Tuesday that the exclusion of homosexual couples in the current public housing policies and inheritance laws amounts to unlawful discrimination and is unconstitutional.

Regarding the right to apply for public housing as a family unit, the court held that the exclusive spousal eligibility for application for Public Rental Housing and transfer of ownership in the Home Ownership Scheme amounts to discrimination. The court rejected the government’s claim that Article 36 of the Basic Law grants exclusive rights to heterosexual couples under the contested public housing policies, based on the premise that such rights existed prior to the enactment of the Basic Law in 1997.

The court also reasoned that the government failed to adduce any evidence on how the housing policies can promote the formation of traditional families nor why prioritizing heterosexual couples’ applications while accepting those from homosexual couples, as a less intrusive means, is unable to achieve the same legitimate aim of promoting traditional family founded in opposite-sex marriages.

Accordingly, the court upheld the lower court’s ruling, concluding that the government failed to strike a balance between homosexual couples’ right to social welfare and the societal aim. The decision affirmed the right of homosexual couples to apply for PRH as an ordinary family. Homosexual couples will now benefit from the government’s exclusive commitment to allocate housing units to ordinary family applicants in three years.

Regarding the inheritance laws, the court found that the differential treatment between opposite-sex marriages and same-sex foreign marriages serves no legitimate aim. The government attempted to justify the differential treatment by asserting that the differential treatment is necessary to maintain a coherent definition of marriages across legislation. The court was not persuaded by this argument, stating that recognizing the status of a surviving same-sex spouse reflects the legislative purpose to “lay down a scheme for the distribution of the deceased’s residuary estate,” different from other matrimonial laws.

The court also upheld the lower court’s reasoning, which maintained that the “marital maintenance duties” imposed on opposite-sex spouses by the local law are irrelevant. It further clarified that inheritance is not based on any legal obligations to provide for maintenance as other classes of beneficiaries under the provisions, such as parents and siblings, do not owe any maintenance duties to the deceased.

Even though same-sex marriage is not legally recognized in Hong Kong, the decision affirmed that the surviving same-sex spouse of the deceased, whose marriage is celebrated in a foreign country, enjoys the right of inheritance under the Intestates’ Estates Ordinance and the Inheritance (Provision for Family and Dependants) Ordinance, both require a “valid marriage” for the surviving spouse to assert their inheritance rights.

In September 2023, the court already affirmed the government’s duty to recognize same-sex marriage but allowed the government to distinguish between core and substantial marital rights. The government lodged its appeals in December 2023 and has yet to propose any framework.

The post Hong Kong top court affirms same-sex couple rights in housing policies and inheritance law appeared first on JURIST – News.