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Prominent LGBT activist to run for Chile congress

Luis Larraín co-founded Fundación Iguales

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Luis Larraín, gay news, Washington Blade

Luis Larraín, the former president of Fundación Iguales, a Chilean LGBT advocacy group, announced this month that he is running for the country’s congress (Photo courtesy of Luis Larraín)

A prominent LGBT rights advocate in Chile has announced he is running for a seat in the country’s congress.

Luis Larraín, who is the co-founder and former president of Fundación Iguales, declared his candidacy for the Chilean House of Deputies in an interview that La Tercera, a Chilean newspaper, published on March 12.

Larraín, 36, is a member of Ciudadanos, a centrist party that former Finance Minister Andrés Velasco founded in 2013. Larraín would represent the Providencia, Ñuñoa, Macul, San Joaquín and La Granja areas of the Chilean capital of Santiago if he is elected.

“We are in a moment in which people are very suspicious of politics,” Larraín told La Tercera.

Larraín was among the 30 LGBT rights advocates from around the world who attended the Human Rights Campaign’s inaugural Global Innovative Advocacy Summit that took place last spring in D.C. He formally stepped down from Fundación Iguales last month.

“We congratulate and wish only the best to our founder and ex-president, Luis Larraín Stieb, in his quest to represent the citizens of the communes of Providencia, Ñuñoa, Santiago, San Joaquín, Macul and La Granja in the House of Deputies,” said Fundación Iguales in a statement that it released after Larraín announced his candidacy. “We know that he is doing it from a great tradition of public service that we know and we have no doubt that he will continue to contribute to the transformations that the country needs.”

Claudio Arriagada, who was the mayor of La Granja from 1992-2002, in 2013 became the first openly gay person elected to the Chilean congress when he won a seat in the House of Deputies. Rolando Jiménez, president of the Movement for Homosexual Integration and Liberation, another Chilean LGBT advocacy group, lost his bid to represent the Santiago suburb of Conchalí in the same legislative chamber.

Providencia Municipal Councilmember Jaime Parada in 2012 became the first openly gay candidate elected in Chile.

Zuliana Araya, a transgender activist, had legally changed her name when she won re-election to the Valparaíso City Council in 2012. Alejandra González won re-election to the Lampa Municipal Council outside of Santiago last year.

Larraín: We must be in congress

The country’s civil unions law took effect in October 2015.

Chile, civil unions, gay news, Washington Blade

LGBT rights advocates gather outside the office of the Chilean Civil Registry and Identification Service in Santiago, Chile, on Oct. 22, 2015, to celebrate their country’s civil unions law taking effect. (Washington Blade photo by Michael K. Lavers)

The Movement for Homosexual Integration and Liberation, another Chilean LGBT advocacy group, in 2012 filed a lawsuit with the Inter-American Commission on Human Rights on behalf of three same-sex couples who are seeking marriage rights in the country.

President Michelle Bachelet in 2015 formally ended its opposition to marriage rights for same-sex couples. She has also pledged to introduce a marriage bill in congress before June 30.

A recent poll indicates 64 percent of Chileans support the issue.

The Chilean Senate’s Human Rights Commission last August approved a Bachelet-backed bill that would allow trans Chileans to legally change their name and gender without surgery or a court order. Further legislative progress on the measure and efforts to extend marriage rights to same-sex couples in Chile remains slow.

Larraín told the Blade on March 16 during a telephone interview from Santiago that having another openly gay person in congress can spur further debate on marriage and the trans rights bill. He added he can also use his experience as the former president of Fundación Iguales to advance these issues.

“It is not only important to have alliances in Congress,” said Larraín. “We must be in congress.”

National elections will take place on Nov. 19. A runoff will take place on Dec. 17 if none of the presidential candidates receive a majority of votes in the first round.

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Middle East

Far-right Israeli politician vows to cancel Jerusalem Pride parade

Avi Maoz rebuked by Benjamin Netanyahu

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Avi Maoz (Screen capture via i24NEWS English YouTube)

JERUSALEM — A far-right Israeli politician on Wednesday said the country’s new government should not allow the annual Jerusalem Pride parade to take place.

Walla News Diplomatic Correspondent Barak Ravid noted Avi Maoz, a member of the Israeli Knesset who is a member of the far-right Noam party, told the Olam Katan newspaper the incoming government needs “to cancel the Jerusalem Pride parade.”

“It’s a disgrace,” said Maoz. “I am as serious as I can be. It didn’t come up in the coalition agreement, but I am not hiding, I want it cancelled.”

President Isaac Herzog has asked Netanyahu to form a government after his Likud Party won the election that took place on Nov. 1. Maoz’s party is among those that could form a coalition government with Netanyahu as prime minister.

WDG, the Washington Blade’s media partner in Israel, previously reported Maoz promotes an anti-LGBTQ agenda based on the preservation of family values.

Ravid noted Netanyahu has said the Jerusalem Pride parade “will continue.”

“My government will not harm the rights of the LGBT community or any of Israel’s citizens,” said Netanyahu. 

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Southern-Central Asia

India Supreme Court chief justice seen as LGBTQ ally

Chandrachud has been expressing his observations and opinions on the issue of LGBTQ rights in India, even when he was not the chief justice

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DY Chandrachud, Chief Justice of India (Screenshot/YouTube NDTV 24-7 News)

NEW DELHI – The struggle for equality in the world’s biggest democracy took a giant step forward in 2018 with the decriminalization of homosexuality, but the fight is not over.

Though homosexuality is now decriminalized in India, same-sex marriage is still not legalized. In other words, same-sex couples can love but cannot marry. The pain in the community is visible. Since same-sex marriage is not legally recognized, it affects a spectrum of rights available to heterosexual couples that include the transfer of property and access to medical facilities.

Several marriage equality cases have been filed in the Delhi High Court and in other courts across the country.

Two petitions filed by gay couples came to the India’s Supreme Court on Nov. 25 asking for recognition of same-sex marriage under the Special Marriage Act, 1954. A bench led by the new Chief Justice D. Y. Chandrachud issued a notice to the federal government and the attorney general and posted the matter for further hearing after four weeks.

Life Insurance Corporation of India (LIC), a public sector insurance company under India’s Finance Ministry, last month appeared to recognize a same-sex couple who lives in Kolkata. The arrival of the Supreme Court’s new chief justice is an additional ray of hope for the country’s LGBTQ and intersex community.

On many occasions, Chandrachud has signaled his support for the community. For instance, while speaking at the British High Commission in New Delhi, the Indian capital, on Aug. 31, Chandrachud said that decriminalization of homosexuality alone cannot achieve equality, and it must extend to “all spheres of life,” including home, workplace, and public places.

Chandrachud has been expressing his observations and opinions on the issue of LGBTQ rights in India, even when he was not the chief justice but a Supreme Court judge. Chandrachud, while speaking at the British High Commission event, which focused on the future of the country’s LGBTQ and intersex rights movement, said society owes a debt of gratitude to every individual who formed and continues to form a part of the struggle for equality.

“Perhaps, we need a little more than love,” highlighted Chandrachud at the New Delhi event while calling for structural change in society to let the LGBTQ community live a life of autonomy and dignity.

The Supreme Court in 2018 struck down the law decriminalizing homosexuality. Chandrachud was on the Supreme Court in 2018 when it decriminalized homosexuality between consenting adults and recognized sexual autonomy as a basic right of individuals.

“While the decision in Navtej was momentous, we have a long way to go. The Beatles famously sang ‘All you need is love, love; Love is all you need.’ At the risk of ruffling the feathers of music aficionados everywhere, I take the liberty to disagree with them and say – perhaps, we need a little more than love,” highlighted Chandrachud. “At the heart of personal liberty lies the freedom to choose who we are, to love whom we will, and to live a life that is true to our most authentic selves, not only without the fear of persecution but in full-hearted joy and as equal citizens of this country.”

Navtej Singh Johar v. Union of India was the historical judgment that struck down the criminalization of homosexuality in India.

“The accomplishment of this simple yet crucial task would breathe life into the decision in Navtej,” said Chandrachud. “It is not merely the black letter of the law that these changes must take place in, but in the heart and soul of every Indian. Heteronormativity — in every sense of the word — must give way to a plurality of thought and of existence.”

Chandrachud in August said that justice can quickly be undone if people do not continue with the right discourse to safeguard the interests of marginalized groups. Chandrachud also highlighted in the same event that the decriminalization of homosexuality is not sufficient for members of the LGBTQ community to realize their rights. He was referring to the withdrawal of an advertisement of Karva Chauth featuring same-sex couples.

Karva Chauth is the Indian festival celebrated by Hindus in northern India in which wives keep a day-long fast for their husbands and perform rituals for the long life and well-being of their husbands.

The advertisement showed female couples celebrating Karva Chauth, and faced backlash over the internet and immediately firm withdrew it. Meanwhile, the marriage equality case the Supreme Court heard on Nov. 25 and Chandrachud’s position as chief justice has brought renewed hope among LGBTQ and intersex activists and the broader community.

“It is heartening that D.Y Chandrachud was recently appointed as the Chief Justice of India. His opinions on abortion, privacy, women’s entry into the Sabarimala temple, adultery, and gay rights (to name a few) have been progressive and brought about much-needed change,” said Kanav Narayan Sahgal, communications manager at Nyaaya, Vidhi Center for Legal Policy. “With an uncooperative central government, and a largely conservative society, the ball is now in the hands of the Supreme Court.”

Ankush Kumar is a freelance reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion

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Asia

Japanese court: Ban on same-sex marriage constitutional

“I hope there will be legislative debate about this,” said plaintiff Shizuka Oe. “We will keep making efforts”

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Screenshot/YouTube Reuters/SCMP

TOKYO – A district court in the Tokyo Prefecture ruled on Wednesday that the constitutional ban on same-sex marriage is legal. The court added that the absence of a legal system to protect same-sex families infringed upon their human rights.

In a statement to Reuters, Nobuhito Sawasaki, an attorney for the plaintiffs told the wire service, “This is actually a fairly positive ruling,” said Sawasaki who added, “While marriage remains between a man and a woman, and the ruling supported that, it also said that the current situation with no legal protections for same-sex families is not good, and suggested something must be done about it.”

This past June in Osaka Prefecture, the district court in that jurisdiction said that the country’s ban on same-sex marriage was not unconstitutional. The case had been filed by three same-sex couples – two male, one female, and is only the second legal challenge to have been filed in Japan. 

In March of 2021, the Sapporo District Court issued its ruling the country’s constitution does not ban same-sex couples from legally marrying and ensures them a right to marry. Under current Japanese law, same-sex couples are banned from legally marrying, which means partners cannot inherit each other’s assets upon death and have no parental rights over the other’s child.

In the Sapporo case, Nikkei Asia reported three couples — also two male and one female tried to register their marriages in 2019, but local officials turned them away.

The couples sued and the court ruled the government’s actions violated two provisions of the Japanese Constitution: Article 14 that ensures the right to equal treatment and Article 24, which does not expressly deny the right of marriage to same-sex couples.

Japan’s Prime Minister Fumio Kishida has said the issue needs to be carefully considered, his ruling Liberal Democratic Party has disclosed no plans to review the matter or propose legislation, though some senior party members favour reform.

An opinion poll by the Toyoko Prefecture late last year found some 70% of people were in favour of same-sex marriage.

Reuters reported that the Tokyo ruling promises to be influential as the capital has an outsized influence on the rest of Japan.

Gon Matsunaka, head of the activist group Marriage for All Japan told Reuters “This is hard to accept. Both heterosexual and same-sex couples should be able to benefit equally from the system of marriage, as everyone is equal under the law,” he said and added. “It (the ruling) clearly said that is not possible.” Yet the recognition that same-sex families lacked legal protections was “a big step” he noted.

Reuters reported that two more cases are pending in Japan, and activists and lawyers hope an accumulation of judicial decisions supporting same-sex marriage will eventually push lawmakers to change the system, even if this is unlikely soon.

“I hope there will be legislative debate about this,” said plaintiff Shizuka Oe. “We will keep making efforts.”

Tokyo court ruling upholds ban on same-sex marriage:

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Southeast Asia

Lawmakers in Singapore repeal country’s colonial-era sodomy law

Constitutional amendment to define marriage as between a man and a woman approved

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Singapore skyline (Public domain photo)

SINGAPORE — Lawmakers in Singapore on Tuesday repealed a colonial-era law that criminalized consensual same-sex sexual relations.

The Straits Times newspaper notes 93 MPs voted to repeal Section 377A of the country’s penal code after 10 hours of debate that spanned two days. A constitutional amendment that ensures marriage remains defined between a man and a woman also passed on Tuesday with 85 MPs voting in favor of it. 

Prime Minister Lee Hsien Loong in August announced his country would decriminalize consensual same-sex sexual relations.

The city-state’s Court of Appeal in February upheld a lower court decision that dismissed three lawsuits against Section 377A of the country’s penal code. Home Affairs Minister K Shanmugam a few months later told the BBC his country will not prosecute anyone under the colonial-era law.

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Africa

Kenyan LGBTQ+ rights groups honor Transgender refugees, asylum seekers

Event coincided with the Transgender Day of Remembrance

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The Refugee Trans Initiative and Entrepreneur Empowerment and Advocacy Health used the Transgender Day of Remembrance to honor Transgender refugees and asylum seekers in Kenya. (Photo courtesy of Entrepreneur Empowerment and Advocacy Health)

NAIROBI, Kenya — Two LGBTQ+ rights groups in Kenya this month used the Transgender Awareness Week and the Transgender Day of Remembrance to honor transgender refugees and asylum seekers in the country. 

The Refugee Trans Initiative and Entrepreneur Empowerment and Advocacy Health on Nov. 20 hosted an event in Nairobi, the Kenyan capital. It did not take place in the Kakuma refugee camp; but former residents who now live in Nairobi, Kisumu and Mombasa attended. 

“The event was to celebrate Trans Awareness Week for Trans refugees and asylum seekers and we invited other individuals who are part of the 2SLGBTQIA+ refugee community,” Entrepreneur Empowerment and Advocacy Health Director Vanilla Hussein. “We had time to reflect on the memory of our friends we have lost and most recently Francis, who was murdered in Uganda.”

Hussein said the conditions in Kakuma made it unsafe for the group to hold an event in the refugee camp.

Two gay men in March 2021 suffered second-degree burns during an attack on Block 13 in Kakuma, which the U.N. Refugee Agency created specifically for LGBTQ+ and intersex refugees. One of them died a few weeks later at a Nairobi hospital. 

A report the Organization for Refuge, Asylum and Migration and Rainbow Railroad released in May 2021 indicates nearly all of the LGBTQ+ and intersex people who live in Kakuma have experienced discrimination and violence because of their sexual orientation and/or gender identity. UNHCR in a statement after the March 15, 2021, attack noted Kenya “remains the only country in the region to provide asylum to those fleeing persecution based on sexual orientation, gender identity or expression,” even though consensual same-sex sexual relations remain criminalized.

“Trans refugees continue to live in appalling conditions due to poor welfare, lack of access to jobs, affordable healthcare and opportunities in Kenya,” said Hussein. “Currently, some trans refugees and gender non-conforming refugees lack proper documentation.”

Hussein further noted NGOs “are not funded by the donors adequately because of bureaucratic hurdles and requirements to access funding such as bank statements, which have made it hard to get access to funds that can provide food, shelter, and relief emergency assistance.”

“To sum up, Kenya remains a threat to the 2SLGBTQIA+ community due to transphobia and homophobia,” said Hussein.

Alvin Mwangi, a reproductive rights activist, stressed Trans people simply want basic human rights.

“Basic human rights are not special rights, the right to get and keep a job based on merit is not a special right, the right to be served food in a restaurant is not a special right, the right to have a roof over one’s head is not a special right, the right to walk down a street and not be attacked because of who you are and whom you love is not a special right,” said Mwangi. 

“The government of Kenya should ensure its laws and systems protect Transgender persons just like any other citizen of Kenya against all forms of violence and discrimination,” added Mwangi. “The government of Kenya should commit to end all forms of violence and discrimination against Transgender persons, by publicly condemning any major instances of homophobic and transphobic violence that occur in the counties and in the country in general.”

Mwangi also stressed Trans people are “beautiful” and “deserve love.”

“We all have the right to live with dignity and respect,” said Mwangi. “As we just marked and celebrated the Transgender Day of Remembrance, which memorializes victims of transphobic violence, and as we continue to celebrate Transgender Awareness month until the end of November, we remember those in the Transgender community who have lost their lives due to violence brought by hate and ignorance and we honor, celebrate and advocate for the respect of the rights of Transgender and gender diverse communities.”

“All Transgender persons have a right to equality and freedom from discrimination of all forms. All Transgender persons require equal protection against any form of violence,” added Mwangi. “The right to equality includes the full and equal enjoyment of all human rights and fundamental freedoms.”

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Russia

Russian Duma’s lower House passes anti-LGBTQ propaganda law

The legislation still needs the approval of the upper House and President Putin- introduces an expanded “all ages” anti-LGBTQ propaganda ban

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Russian State Duma (Госуда́рственная ду́ма) parliament building Moscow (Photo Credit: Russian Government)

MOSCOW – A new law which expands Russia’s “gay propaganda” law signed by Russian president Vladimir Putin in June 2013 passed the lower House of the State Duma (parliament) on Thursday.

The legislation, which still needs the approval of the upper House of the Duma and President Putin, introduces an expanded “all ages” ban on “propaganda of non-traditional relations,” paedophilia, as well as a ban on the dissemination of information about LGBTQ people in the media, the Internet, advertising, literature and cinema. 

The language of the bill, according to the official Russian state news agency TASS, also introduces a ban on issuing a rental certificate to a film if it contains materials that promote non-traditional sexual relations and preferences is established. The document also provides for the introduction of a mechanism that restricts children’s access to listening to or viewing LGBTQ+ information on paid services. 

The newly expanded law provides for the Russian Federal Service for Supervision of Communications, Information Technology and Mass Media, abbreviated as Roskomnadzor, to be vested with the right to determine the procedure for conducting monitoring on the Internet to identify information, access to which should be restricted in accordance with the federal law on information.

A requirement is also set on paid services to enter codes or perform other actions to confirm the age of the user. At the same time, access to LGBTQ+ information is prohibited for citizens under 18 years of age.

In addition, it provides for a ban on the sale of goods, including imported goods, containing information, the dissemination of which provides for administrative or criminal liability. 

Also, the law “on the protection of children from information harmful to their health and development” is supplemented by an article on the promotion of non-traditional sexual relations, pedophilia and information that can make children want to change their sex.

The latter language pointedly inserted as transgender people have been a frequent target of attacks by the Russian president in speeches recently blaming the West for a global decay in moral values that run counter to what Putin describes as “Russia’s strong morals.”

In an October speech announcing the illegal annexation of four Ukrainian territories, Putin attacked the Western nations on the issue of gay and transgender rights.

“Do we want children from elementary school to be imposed with things that lead to degradation and extinction?” he asked. “Do we want them to be taught that instead of men and women, there are supposedly some other genders and to be offered sex-change surgeries?”

It’s not just the Russian leader. Patriarch Kirill, head of the powerful and influential Russian Orthodox Church, portrayed the war with Ukraine as a struggle seeking to reject Western values and LGBTQ+ pride parades.

Vyacheslav Viktorovich Volodin, the Chairman of the State Duma and a former aide to Putin, is one of the bill’s sponsors. Volodin told TASS that the bill is “adopted exclusively in the interests of all Russians.”

“We have a different path, our grandfathers, great-grandfathers, grandmothers, great-grandmothers chose it. We have traditions, we have a conscience, we have an understanding that we need to think about children, families, the country, to preserve what we handed over by the parents,” Volodin said.

A spokesperson for Human Rights Watch told the Blade this expansion of the 2013 “gay propaganda” law “is a classic example of political homophobia. It targets vulnerable sexual and gender minorities for political gain.”

A young Russian LGBTQ+ activist, who asked to not be identified for fear of Russian government reprisals, spoke to the Blade from Helsinki, Finland, regarding this latest effort by the so-called conservative “family values” politicians in the Duma.

“This is a distraction to avoid the real news of dead young Russian males killed in his illegal war in Ukraine,” they said. “These [Russian obscenity] politicians want to so-called “non-traditional” LGBTQ+ lifestyles practised by lesbians, gay men, bisexuals and transgender people out of public life- make us erased. They and their so called colluders in church are ignorant of truth that LGBTQ+ people will exist no matter what. It is scientific fact not their religious fairytales and fictions.”

The activist also told the Blade they had fled to avoiding the Russian military draft enacted by Russia to replenish the levels of combat troops fighting in Putin’s illegal war, in the face of mounting casualties and wounded soldiers.

HRW noted that given the already deeply hostile climate for LGBTQ+ people in Russia, the organization warned there will be uptick in often-gruesome vigilante violence against LGBTQ+ people in Russia—frequently carried out in the name of protecting Russian values and Russia’s children.

Legal scholars say the vagueness of the bill’s language gives room for government enforcers to interpret the language as broadly as they desire, leaving members of the Russian LGBTQ+ community and their allies in a state of even greater fear and stress filled uncertainty.

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