Wednesday, May 19, 2010

Same-sex marriage allowed in Portugal

Wednesday, May 19, 2010

On May 17, 2010, the Portuguese President, Anibal Cavaco Silva, signed into law a bill that allows same-sex marriages, making the predominately Catholic Portugal the eighth country in the world where same-sex marriage is allowed country-wide. The law will become effective within a few days, after publication in the official gazette.

The new law removes the previous legal stipulation that marriage is between two people of different sexes. Gay rights activists note that the law does not include provisions for same-sex couple's parental rights, including adoption, for which they say they will continue to fight.

In 1982, homosexuality was decriminalized in Portugal. In 2001, "civil unions" were granted to same-sex couples and provided certain legal, tax and property rights. However, the União de Facto limited a surviving partners ability to inherit his or her partner's possessions or state pensions.

Portugal will become the sixth country in Europe to legalize same-sex marriages (after Belgium, Spain, Norway, the Netherlands and Sweden). Canada and South Africa also have legalized same-sex marriage.

Thursday, February 4, 2010

Obama condemns Uganda anti-gay bill as 'odious'

Barack Obama at National Prayer Breakfast - 4 February 2010
Mr Obama added his voice to a chorus of criticism from the US and Europe

US President Barack Obama has criticised as "odious" proposed anti-homosexuality legislation in Uganda.

The bill calls for long jail terms or the death penalty in some cases of homosexual intercourse.

It is "unconscionable to target gays and lesbians for who they are," he told politicians and religious leaders at a prayer breakfast in Washington.

Homosexual acts are already illegal in Uganda and punishable by up to 14 years in prison.

The bill would raise that penalty to life in prison.

It also proposes the death penalty for a new offence of "aggravated homosexuality" - defined as when one of the participants is a minor, HIV-positive, disabled or a "serial offender".

ANTI-HOMOSEXUALITY BILL
Death penalty
For "serial offenders", HIV-positive "offenders", or those engaging in homosexual activity with a minor or disabled person
Life in prison
For homosexual acts
Seven years in prison
For helping, counselling, or encouraging a person to engage in a homosexual act

The bill has already been widely criticised in Europe and the United States.

"We may disagree about gay marriage," Mr Obama told the annual National Prayer Breakfast, "but surely we can agree that it is unconscionable to target gays and lesbians for who they are, whether it is here in the United States or... more extremely, in odious laws that are being proposed more recently in Uganda."

Uganda's President Yoweri Museveni has distanced himself from the bill, saying it did not represent the views of his government.

Two weeks ago its sponsor, David Bahati, told a Ugandan newspaper he was willing to "amend some clauses".

The cabinet has set up a committee to look at his proposals.

Friday, December 25, 2009

Pakistan court OKs third sex for identity cards

...; move an attempt to ensure transgendereds' rights

Friday, December 25th 2009, 11:15 AM

Bangladeshi 'hijra' social worker Joya Shikder holds her national identity card.  Pakistan's Supreme Court has ordered authorities to allow transgendered people to identify as a distinct gender.
Zaman/Getty
Bangladeshi 'hijra' social worker Joya Shikder holds her national identity card. Pakistan's Supreme Court has ordered authorities to allow transgendered people to identify as a distinct gender.

ISLAMABAD - Pakistan's Supreme Court ordered authorities on Wednesday to allow transvestites and eunuchs to identify themselves as a distinct gender as part of a move to ensure their rights, a lawyer said.

Known by the term "hijra" in conservative Muslim Pakistan, transvestites, eunuchs and hermaphrodites are generally shunned by society.

They often live together in slum communities and survive by begging and dancing at carnivals and weddings. Some are also involved in prostitution.

Iftikhar Chaudhry, chief justice of Pakistan, ordered the government to give national identity cards to members of the community showing their distinct gender and to take steps to ensure that they were not harassed.

"The government's registration authority has been directed to include a separate column in national identity cards showing them as hijras," Mohammad Aslam Khaki, a lawyer for hijras told Reuters.

"By doing so, they think they will get a distinct identity and it will help them get their rights."

A hijra association welcomed Chaudhry's order, saying it would ease their suffering.

"It's the first time in the 62-year history of Pakistan that such steps are being taken for our welfare," the association's president, who goes by the name Almas Bobby, told Reuters.

"It's a major step toward giving us respect and identity in society. We are slowly getting respect in society. Now people recognize that we are also human beings."

Khaki said the court also ordered the government to evolve a mechanism to ensure that hijras are not harassed and also take steps to ensure their inheritance rights.

Hijras are often denied places in schools or admittance to hospitals and landlords often refuse to rent or sell property to them. Their families often deny them their fair share of inherited property.

Hijras are both feared and pitied in Pakistan. They are feared for their supposed ability to put curses on people while they are pitied as they are widely viewed as the outcast children of Allah.

The number of hijras in Pakistan is not known but community leaders estimate there are about 300,000 of them.

In June, the Supreme Court ordered the government to set up a commission to conduct a census of hijras.

Wednesday, December 23, 2009

Uganda fear over gay death penalty plans

By Joshua Mmali
BBC News, Kampala

An attempt to punish "aggravated homosexuality" in Uganda with the death penalty has caused outrage across the world - and revealed a huge divide in Ugandan society.

"Even my friends who are not gay are now scared because they think if this bill is passed, they'll be targeted," says Julian Pepe, an openly gay Ugandan who campaigns for homosexual rights.

"I feel scared. I feel I am in danger. I've tried to put a few security measures in place and I am constantly watching over my shoulder."

One of the few openly gay Ugandans, Julian Pepe, speaks out about her life

Gay people in Uganda can already be jailed for 14 years for engaging in homosexual acts. The new bill wants to raise that to life imprisonment, even though no-one has ever been convicted of homosexual acts in Uganda.

Ms Pepe say the Anti-Homosexuality Bill is out of touch and believes Ugandans should not waste their time even debating it.

But the MP who proposed the bill, David Bahati, from the ruling National Resistance Movement (NRM), is equally convinced of his position.

"Here, we don't recognise homosexuality as a right. We are after the sin, not the sinners. We love them - and we want them to repent and come back," he says.

"It's not an inborn orientation, it's a behaviour learnt - and it can be unlearnt. That's why we are encouraging churches and mosques to continue rehabilitating and counselling these people."

Evidence

Mr Bahati and his supporters say the bill is meant to prohibit the "promotion or recognition of homosexuality and to protect children and the youth who are vulnerable to sexual abuse and deviation".

To that end, it proposes the death penalty for offences such as engaging in homosexual acts with a disabled person or anyone under 18 years old.

ANTI-HOMOSEXUALITY BILL
Death penalty
If a minor or disabled person involved
If "offender" is HIV-positive
For "serial offenders"
Life in prison
For homosexual acts
Seven years in prison
For helping, counselling, or encouraging another person to engage in a homosexual act

The death penalty is also proposed when the "offender" is HIV-positive.

But anyone suspected of committing homosexual acts would be subjected to a mandatory medical examination to establish whether they are HIV-positive or not.

So potentially someone who had consensual sex without knowing they had HIV could end up facing execution.

"Serial offenders" also face the death penalty.

Another clause outlaws helping, counselling, or encouraging another person to engage in a homosexual act - making such an offence punishable by up to seven years in jail.

Parliament is due to debate the bill early next year.

Although harsh penalties are already on the statute book, the authorities have not been overly zealous in enforcing the law.

People who have openly declared that they are gay have not been prosecuted because declaring sexual orientation is not a crime.

It is not easy getting evidence of people committing homosexual acts.

'Spiritual values'

So far there has been relative silence on the proposals from Mr Bahati's boss, President Yoweri Museveni.

David Kato
Its spirit is profoundly undemocratic and un-African
David Kato
Sexual Minorities Uganda

He has previously condemned homosexuals but now he is under pressure from international donors, who contribute a large portion of Uganda's budget.

Among those most strongly opposing the bill is Sweden, which has said it would withdraw the $50m (£31m) of aid it gives to Uganda each year if the measures become law.

At the Commonwealth meeting in November several Western leaders are reported to have urged President Museveni to consider the dangers the proposals could pose to Uganda's rights record.

But his Ethics and Integrity Minister James Nsaba Buturo has stated repeatedly that Uganda will never embrace homosexuality or even acknowledge it as a human rights issue.

And the bill seems to have other backers in high places too - the country's religious leaders have given their support to the proposals.

All members of the Inter-religious Council of Uganda (IRC) have recommended that the government should cut diplomatic ties with countries that want Uganda to accept homosexuality.

The council's Joshua Kitakule says Western countries "should respect our spiritual values - they shouldn't interfere".

David Bahati
David Bahati says gay people should be "rehabilitated"

But anger about the bill has not been limited to Western nations.

Seventeen rights groups - local and international - issued a statement condemning the bill as soon as it was put before parliament.

"This bill is a blow to democracy in Uganda," says David Kato of lobby group Sexual Minorities Uganda.

"It goes against the inclusive spirit necessary for our economic as well as political development. Its spirit is profoundly undemocratic and un-African."

Kate Sheill, Amnesty International's expert on sexual rights, says some of the bill's provisions are illegal.

"They criminalise a sector of society for being who they are, when what the government should be doing instead is protecting them from discrimination and abuse," she says.

'Foreign behaviour'

Gay rights groups estimate there are 500,000 gay people in Uganda out of a population of about 31 million.

A gay activist in Uganda wearing a mask (photo: Katherine Elaine Roubos)
Uganda has seen pro-gay and anti-gay rallies in recent years

The government says their figures are an exaggeration designed to popularise homosexuality.

It is obviously almost impossible to come up with accurate figures.

While Mr Bahati and his supporters say homosexuality is a Western import, people on the streets of Kampala are divided on the issue.

Banking officer Maureen agrees that the bill is needed to safeguard Uganda's cultural heritage.

"To see foreign behaviour such as this begin to infiltrate our society here scares some people into thinking that one day we might accept it and become too free with it, and our children will be the next victims," she says.

"How will society get children if men start marrying men?"

But IT assistant Kim asks: "Do consensual adult same-sex relationships equal defilement of minors?

"This bill makes no effort to differentiate the two... one is a criminal offence which should be punished, the other is a consensual act between two adults, interfering with which would contradict the most basic freedoms and human rights."

Mexico City approves gay marriage

MEXICO CITY — Mexico City's legislature has approved gay marriage, an aide to a city lawmaker told AFP, in the first such law passed anywhere in Latin America.

"It was approved overall by 39 votes in favor and 20 against, with five abstentions," said a spokesman for the bill's chief sponsor, assemblyman Davi Razu, on Monday.

Spokesman Oscar Oliver said the city's majority leftist legislators also defeated an opposition amendment to the gay marriage bill that would have prevented same-sex couples from adopting children.

"For centuries, unjust laws prohibited marriage between whites and blacks or Europeans and (indigenous) Indians," Democratic Revolutionary Party (PRD) lawmaker Victor Romo said.

"Today all those barriers have come down."

The new measure modified a civil union law already on the books in Mexico City, as in other Latin American nations including Uruguay and Colombia.

In Argentina the Supreme Court is to rule on a court-approved gay marriage that was challenged earlier this month.

The Mexico City law changes the meaning of marriage from "a free union between a man and a woman" to "a free union between two people."

Mexico City's gay marriage bill was fully backed by lawmakers from the PRD, which has ruled Mexico's sprawling capital since 1997. It was opposed by the country's ruling National Action Party (PAN).

The vote was preceded by a lively, three-hour debate during which President Felipe Calderon's conservative PAN issued a statement calling the gay marriage bill "an electoral ploy by the PRD that mocks and abuses the gay community."

Outside the city's assembly building, about 100 gay rights activists demonstrated in favor of the marriage bill, some holding up signs saying: "Be Happy, Be Gay."

"We've got to celebrate. It's a social and cultural breakthrough that acknowledges a historic debt owed the gay community," said Antonio Medina, an activist and editor for the gay-news agency Notiese.

"Let's hope the conservatives won't manage to reverse it by taking it before the Supreme Court of Justice," he told AFP, as some homosexual couples celebrated the law by hugging and kissing.

Under the new law, same-sex marriages can be officiated 45 days after the approval of the measure, beginning in February, gay rights activists said.

Before Monday's vote, Mexico City was among a handful of Latin American cities that allowed gay unions.

An opinion poll in September showed the city population divided on the issue of gay marriage, with 48 percent in favor and 46 percent opposed.

The Roman Catholic Church in Mexico has strongly opposed the gay marriage bill since it was taken up by the city legislative assembly in September.

Vatican former health minister Javier Lozano Barragan, a Mexican cardinal, earlier this month said that homosexuals and transsexuals "will never make it to the kingdom of heaven."

Buenos Aires, known for its active if low-key gay movement, became the region's first city to approve civil unions for gay couples in 2002, granting them some but not all the rights enjoyed by heterosexual married couples.

Elsewhere in Latin America, the Mexican state of Coahuila and the Brazilian state of Rio Grande do Sul also allow civil unions for same-sex couples.

In late 2007, Uruguay became the first country in the region to legalize civil unions for gays. In January 2009, the Colombian Constitutional Court recognized a series of civil union rights for homosexual couples, including social welfare rights.

But no Latin American country authorizes marriage between gays.