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Hungary lawmakers approve anti-LGBTQ adoption bill

Lawmakers in Hungary on Tuesday approved proposals that would effectively ban same-sex couples from adopting children

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The Hungarian Parliament (Washington Blade photo by Michael K. Lavers)

BUDAPEST, Hungary – Lawmakers in Hungary on Tuesday approved proposals that would effectively ban same-sex couples from adopting children and define marriage as between a man and a woman.

Reuters reports the Hungarian Constitution will now define family as “based on marriage and the parent-child relation. The mother is a woman, the father a man.”

Hungarian law previously allowed same-sex couples to adopt children if one partner applied as a single person. Reuters cited Justice Minister Judit Varga who said the “main rule is that only married couples can adopt a child, that is, a man and a woman who are married.”

“(The) Hungarian Parliament passed the amendments that stigmatize same-sex couples raising children and transgender people, make LGBTQI school education programs impossible and complicate single-parent adoption,” tweeted the Háttér Society, a Hungarian LGBTQ advocacy group, after the vote.

Hungarian Parliament passed the amendments that stigmatize same-sex couples raising children and transgender people, make LGBTQI school education programs impossible and complicate single-parent adoption.

— Háttér Society (@hattertarsasag) December 15, 2020

Tuesday’s vote is the latest in a series of attacks against LGBTQ Hungarians that Prime Minister Viktor Orbán and his ruling Fidesz party have carried out in recent years.

The Hungarian Parliament earlier this year approved a bill that prevents transgender and intersex people from legally changing their gender. Jozsef Szajer, a promiment Fidesz member who helped write Hungary’s 2011 Constitution that defines marriage as a union between a man and a woman, resigned from the European Parliament late last month after he attended a gay sex party in Brussels.  

“These bills further restrict the rights of LGBTI children and parents in Hungary,” said ILGA-Europe Advocacy Director Katrin Hugendubel in a press release that ILGA-Europe, Transgender Europe and Amnesty International issued on Tuesday. “LGBTI children will be forced to grow up in an environment which restricts them from being able to express their identities, and children across Hungary will be refused safe and loving families, as adoption is restricted only to married heterosexual couples.”

“This attempt to rush through these discriminatory, homophobic and transphobic new laws are part of an ongoing attack on LGBTI people by Hungarian authorities,” added Hugendubel.

Transgender Europe Executive Director Masen Davis echoed this sentiment, while adding that European Union Commission President Ursula von der Leyen should formally respond to Hungary’s LGBTQ rights crackdown.

“Earlier this year, Hungary made it impossible for trans people to change their names and legal gender marker,” said Davis. “We are deeply concerned for the health and safety of trans children and adults in Hungary in such a hostile climate.”

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U.S. Federal Courts

Justice Breyer announces his retirement from high court sets up new battle

President Joe Biden told reporters that he would have “more to say later” about Justice Breyer’s retirement

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U.S. Supreme Court Associate Justice Stephen Breyer (Photo Credit: SCOTUS official portrait)

WASHINGTON – U.S. Supreme Court Associate Justice Stephen Breyer, who had joined landmark decisions from the Court in support of LGBTQ rights, announced on Wednesday he’d retire, opening up a new battle over the judiciary and the potential for President Biden to add his first nominee to the high court.

First reported by NBC News, the retirement of Breyer, appointed by former Bill Clinton and confirmed in 1994, fulfills a wish among progressives for him to step down for him to step down to ensure a replacement would be named with Biden in the White House and Democrats in control of the U.S. Senate.

President Joe Biden told reporters that he would have “more to say later” about Justice Breyer’s retirement, but said that he was waiting for the justice’s own statement.

“There has been no announcement from Justice Breyer — let him make whatever statement he wants to make, and I’m happy to talk about it later,” the president remarked.

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California

Calif. Insurance Commissioner urges FDA end gay/bi blood donation ban

“This outdated, discriminatory guidance based in prejudice not in public health & is contributing to the national blood donation crisis”

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California Insurance Commissioner Ricardo Lara (Photo via State of California)

SACRAMENTO – California Insurance Commissioner Ricardo Lara is urging the U.S. Food and Drug Administration (FDA) to overturn a discriminatory blood donation ban policy carried over from the Trump administration.

On Monday, Lara sent a letter urging an end to the FDA’s policy banning blood donations from gay and bisexual men. Currently the FDA requires that men who have sex with men must abstain from sex for three months before donating blood.

“This is outdated, discriminatory guidance based in prejudice – not in public health – and it is contributing to our current national blood donation crisis,” said Insurance Commissioner Ricardo Lara in his letter to FDA’s Acting Commissioner Dr. Janet Woodcock and U.S. Department of Health and Human Services Secretary Xavier Becerra. “I respectfully urge you to permanently lift the entire deferral period in order for a male donor who has had sex with another man from donating blood.”

Research by the Williams Institute at the UCLA School of Law indicate that, if the outdated policy is lifted, up to 615,300 additional pints of blood per year—enough blood to help save the lives of more than one million people—can potentially be contributed by gay and bi men.

The FDA’s original lifetime ban against gay and bi men was enacted in 1983 when little was known about the mechanisms of HIV transmission and the AIDS epidemic was concentrated primarily in the gay male community.

In 2015 the lifetime ban was partially lifted after the FDA announced that men who have sex with men would be able to donate blood following a year of abstinence. In April 2020 the one-year deferral period was reduced to three months to diminish the nation’s urgent need for blood during the COVID-19 pandemic.

The United Kingdom announced in May 2021 that donors will no longer be asked if they are a man who has had sex with another man. Potential blood donors—regardless of their gender—will be asked, instead, of their most recent sexual activities. This year France and Greece announced their plans to abolish their longtime restrictions on blood donations from gay and bi men.

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Pennsylvania

Pennsylvania borough revokes protections for its LGBTQ+ citizens

The Republican-majority Chambersburg Borough Council made good on its promise repealing the ordinance in the 7-3 vote

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Chambersburg Borough Council voting to repeal protections for LGBTQ residents (Screenshot via ZOOM)

CHAMBERSBURG – The council of this central Pennsylvania borough (town) met on Monday, and voted to repeal an ordinance passed this last October that safeguards residents against discrimination based on their sexual orientation, ethnicity or gender identity.

The Republican-majority Chambersburg Borough Council made good on its promise repealing the ordinance in the 7-3 vote, citing a litany of reasons.

Opposition to the ordinance was led by newly installed borough council president Allen Coffman, a Republican. 

Coffman told Penn Live prior to the vote this past week that the ordinance serves no purpose and is redundant. He points out that Pennsylvania’s Human Relations Commission handles discrimination complaints from residents across the state.

“There are no penalties, no fines,” he said. “There’s nothing that the ordinance can make someone do. The most they can hope for is that the committee request the two parties to sit down with a counselor or mediator and talk about it. Quite frankly there is nothing that compels them to. There’s no teeth in this.”

“We are a very diverse community,” said council vice president Bill Everly, a lifelong resident. “For that reason I don’t understand why we need to have special protections for people. I think by creating special protections for people we open the door for other protections for other people. I think we need to come together and not divide us. I think this would divide us.”

“I don’t know of any reasons for repealing it other than a political move,” said Alice Elia, a Democrat and the former Chambersburg borough council president. “This issue should not be politicized. It’s an issue of justice and having equal protection for everybody in our community. It shouldn’t be a political or a Democratic or Republican issue. This should be something we are all concerned about.”

For more than three hours, council heard the impassioned pleas from scores of borough residents, overwhelmingly speaking out in support for the ordinance. Only a few borough residents spoke in favor of repeal, Penn Live reported.

Some visibly overcome with emotion, resident after resident implored council members to keep intact the ordinance citing a litany of personal challenges faced as members of the LGBTQ community, while others spoke about the stain on the reputation of the borough if repealed.

“It feels like we are going backwards,” said Kierstin Stockum, a borough resident. “This is just protecting somebody. Why would we not want that as a community? A repeal says we not welcoming to anybody whether LGBTQ or not. It’s saying we discriminate here. Why would we want to send that message?”

Dawn Abraham, a high school teacher and cosponsor of the gay-straight alliance, noted that the LGBTQ population at Chambersburg High School had grown exponentially in recent years.

“Kids are reporting being bullied, being pushed down the stairs, barked at and called multiple expletives,” she said. “By pulling support for this you are showing our community that you don’t support the school children in the community.”

The Commonwealth of Pennsylvania is one of the 27 states in the nation that have no explicit statewide laws protecting people from discrimination on the basis of sexual orientation or gender identity in employment, housing and public accommodations.

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