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2 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +3 points

Panamá: New Chief Justice of Supreme Court Elected (and Fábrega Is Gone)

Per LGBT Marriage News:

La comunidad LGBTIQ de Panamá espera que con la llegada de la magistrada María Eugenia López a la presidencia de la Corte Suprema de Justicia (CSJ), haya una respuesta en torno a los casos de matrimonio civil entre parejas del mismo sexo.

Por más de un lustro, cuatro parejas han estado a la expectativa, luego de interponer recursos de inconstitucionalidad contra los artículos del Código de la Familia que prohíben el matrimonio civil entre personas del mismo sexo.

Linx Arango Schmitt, director de la Fundación Iguales, considera que la elección de una nueva presidenta es una oportunidad clave para hacer justicia para las parejas del mismo sexo, que desde 2016 aguardan por el reconocimiento de su matrimonio civil.

The LGBTIQ community in Panamá hopes that with the arrival of Justice María Eugenia López to the presidency of the Supreme Court of Justice (CSJ), there will be an answer in turn to the cases of civil marriage between same-sex couples.

For more than half a decade, four couples have been waiting, after having filed appeals of unconstitutionality against the articles of the Family Code that prohibit civil marriage between persons of the same sex.

Linx Arango Schmitt, director of Fundación Iguales, considers that the election of a new court president is a key opportunity to do justice for same-sex couples, who since 2016 have been waiting for the recognition of their civil marriages.

Although left unsaid, a fact of equal importance, if not more so, is that as of 1 January 2022, Luis Ramón Fábrega, the Justice of the Supreme Court under whose charge the marriage equality decision remained without resolution, has departed from the court.

Actually, it has been just over 4 years since his proposed negative ruling against us was aborted after being prematurely leaked to the press, presumably by someone from within the court itself who strongly disagreed with it. Then, soon after the public release of the favorable CIDH marriage equality ruling, OC 24/17, a decision that occurred at almost the same time, his proposed negative ruling was quietly but officially withdrawn, given that CIDH decisions take precedence and are binding (vinculante) upon signatory states. Subsequent to that, we have heard very little about these still-pending cases in Panamá.

In the meantime, Ecuador, Costa Rica, Chile, at least 12 more states in Mexico, and likely, both Bolivia and Cuba, will have passed Panamá by, despite the fact that around 5 years ago, it was widely assumed that Panamá was to be next. Instead, it has yet to happen.

Luis Ramón Fábrega, who had been the president of the CSJ, has been replaced on the 9-member court by María Cristina Chen Stanziola, while the afore-mentioned María Eugenia López, who is already a sitting member of the court, moves up to assume the presidency. At the same time, Hernán De León has been replaced on the court by Miriam Yadira Cheng Rosas. Thus, for the first time in its history, a majority of the justices of the Supreme Court of Panamá are women, including the Chief Justice.á-justic...

2 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +2 points

Cuba: Message from the President, Re: New Family Code and Marriage Equality

Per Miguel Díaz-Canel Bermúdez, Presidente de la República de Cuba:

Publicado en la Gaceta Oficial el proyecto de Código de las Familias, aprobado por Asamblea de Cuba y que será sometido a consulta popular para continuar enriqueciéndolo. Los invito a estudiarlo y a sumarnos a ese canto por los derechos de todas y todos.

The proposed Family Code, approved by the Cuban Assembly, has been published in the Official Gazette and will be submitted to popular consultation in order to continue enriching it. I invite you to study it and to join us in this chorus for the rights of all.

The proposed Family Code has 3 more steps to complete before it can be implemented:
1. Public consultations (1 February-30 April)
2. Final approval by Cuban National Assembly (likely in June or July)
3. Referendum (likely in September or October)

3 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +3 points

France, Greece to End Restrictions on MSM Blood Donors

This week, both France and Greece announced they will allow gay and bisexual men to donate blood without restrictions.

Têtu, a French LGBTQ magazine, noted that men who have sex with men previously had to remain abstinent for four months before they could donate blood in France. On Tuesday, 11 January 2022, French Health Minister Olivier Véran announced that this requirement would no longer be in place as of 16 March. Têtu also noted that officials will no longer ask potential blood donors about their sexual orientation.

On Monday, 10 January, Greece also said it would allow MSM to donate blood without restrictions. Greek Health Minister Thanos Plevris and Deputy Health Minister Mina Gaga issued a decree that will become official once the Government Gazette publishes it.

4 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +2 points

Yucatán: Supreme Court Delays Ruling on Amparo against State Congress

Per Colectivo PTF Yucatán:

SCJN Demora Fallo Sobre Amparo en Contra del Congreso de Yucatán

El Congreso de Yucatán y el Gobierno de Mauricio Vila están a tiempo de eliminar la discriminación en el acceso al matrimonio igualitario a parejas del mismo género.

The Congress of Yucatán and the Government of Mauricio Vila have time to eliminate the discrimination in access to marriage equality for same-gender couples.

4 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +4 points

Guanajuato: First Same-Sex Couple Marries in Irapuato without Needing Amparo

Se casa la primera pareja LGBT en Irapuato sin trabas legales ni gubernamentales. El primer matrimonio igualitario en Irapuato fue el de una pareja de hombres que se tuvo sin necesidad de interponer un amparo.

Haciendo valer su derecho, la pareja llegó la mañana del lunes, el 10 de enero 2022, a las oficinas del Registro Civil de la ciudad de Irapuato. Lo hicieron acompañados de familiares y amigos donde concretaron su unión civil.

The first LGBT couple marries in Irapuato without legal or governmental obstacles. The first equal marriage in Irapuato was that of a male couple that took place without their needing to file an amparo.

Asserting their rights, the couple arrived on Monday morning, 10 January 2022, at the offices of the Civil Registry in the city of Irapuato. They did so accompanied by family and friends where they solomnized their civil union.

Actually, this is the first equal marriage to have occurred in Guanajuato state since the governmental decree allowing such was issued by the Government Secretary on 20 December 2021. So, Guanajuato state was able to implement its decree faster than was Zacatecas state able to implement its law of 14 December 2021 allowing the same. However, it helped that this unnamed couple had begun the process of obtaining a judicial amparo in October 2021, but then abandoned that process when the decree was issued. Instead, they immediately applied for the first available time-slot for a civil marriage ceremony at the Civil Registry in Irapuato, an act that was completed on 10 January.

4 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +1 points

Venezuela: Opposition Wins Governorship of Barinas State

On Sunday, 9 January 2022, voters in Barinas, the home state of Venezuela’s late President Hugo Chávez, picked an opposition candidate for governor in a closely-watched special election called after the original contender representing the opposition in the regular contest last November was retroactively disqualified after he was ahead in the vote count.

Sergio Garrido has just defeated former foreign minister Jorge Arreaza, whose campaign drew ruling party heavy hitters in an all-out effort to keep the bastion of Chavismo under their control. The candidates campaigned for roughly five weeks after the country’s highest court disqualified opposition candidate Freddy Superlano, resulting in this special election being scheduled.

Results published by the National Electoral Council showed Garrido, a local leader unknown to most of the country, with 55.4% of the votes, while Arreaza received 41.3%. Arreaza conceded defeat on social media even before officials released the results.

The incumbent governor, who chose not to seek re-election, was Argenis Chávez, one of Hugo Chávez’s brothers, while Jorge Arreaza is Chávez’s son-in-law. Someone from the Chávez family had been governor of Barinas state, without respite, since 1998.

Barinas state is in the interior of western Venezuela, extending from the high cordillera abutting Mérida state eastward onto the llanos and the Orinoco River drainage system.

5 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +2 points

Yucatán: Tomorrow Supreme Court to Discuss Amparo Concerning Marriage Equality

Per Haz Ruido:

Mañana, el 12 de enero 2022, la Suprema Corte discutirá el amparo sobre matrimonio igualitario. Pese a que el tema ya fue aprobado por el Congreso de Yucatán en agosto pasado, falta cambiar el Código de la Familia para que las parejas del mismo sexo puedan casarse.

Tomorrow, 12 January 2022, the Supreme Court will discuss the amparo on marriage equality. Despite the fact that the issue was already approved by the Yucatán Congress in August 2021, the Family Code needs to change so that same-sex couples can marry.

Per Enrique Torre Molina:

Este 12 de enero, la SCJN resolverá el amparo que presentaron en 2019 por organizaciones LGBTQ y de derechos humanos contra la negativa de Congreso de Yucatán a legislar sobre matrimonio igualitario.

On 12 January, the SCJN will resolve the amparo filed in 2019 by LGBTQ and human rights organizations against the refusal of the Yucatán Congress to legislate on marriage equality.

Per Carla Escoffié:

Mañana, la SCJN resolverá si ordenar al Congreso de Yucatán reformar el Código Civil para permitir el matrimonio igualitario en Yucatán. Aunque ya se reformó la Constitución, las parejas siguen sin poder casarse porque no se ha adecuado el Código Civil.

Tomorrow, the SCJN will decide whether to order the Congress of Yucatán to reform the Civil Code to allow marriage equality in Yucatán. Although the Constitution has already been amended, couples are still unable to marry because the Civil Code has not been adapted.

Per "La Jornada Maya:"

Este miércoles, el 12 de enero 2022, la SCJN emitirá una resolución por el amparo presentado en contra del Congreso estatal de Yucatán: aún no se modifica el Código de Familia para permitir el matrimonio igualitario en la entidad.

This Wednesday, 12 January 2022, the SCJN will issue a resolution for the amparo filed against the Yucatan State Congress: the Family Code has still not been modified to permit marriage equality in the entity.

5 days ago @ Equality on Trial - 1/11 open thread and s... · 0 replies · +3 points

New Hampshire Begins Process to Ban "Gay Panic" Defense

New Hampshire has taken another step closer in joining more than 12 other states that have prohibited criminal defendants accused of manslaughter from referring to the victim’s gender, gender identity, or sexual orientation as a defense.

On Thursday, 6 January 2022, the New Hampshire House voted 223-118 to outlaw this so-called “gay panic" defense, according to the Associated Press. Supporters of the ban said that defendants have used it in other parts of the country to excuse their murder of LGBTQ people.

The bill will now go to the state Senate for a vote.

6 days ago @ Equality on Trial - 1/3 open thread · 0 replies · +4 points

New Jersey: Governor Signs Bill Enshrining Marriage Equality into State Law

Per Office of the Governor:

Today, 10 January 2022, Governor Phil Murphy signed into law S3416, which codifies marriage equality in New Jersey law by providing that all laws concerning marriage and civil unions are to be read with gender neutral intent. (Until now,) marriage equality currently exists in New Jersey based on state and federal court decisions. This new law demonstrates the Governor and Legislature’s commitment to protecting marriage equality by codifying it into New Jersey law.

“Despite the progress we have made as a country, there is still much work to be done to protect the LGBTQ community from intolerance and injustice. New Jersey is stronger and fairer when every member of our LGBTQ family is valued and given equal protection under the law,” said Governor Murphy. “I am honored to sign legislation that represents our New Jersey values and codifies marriage equality into state law.”

This legislation brings New Jersey statutory law into conformance with the 2013 New Jersey state court decision in "Garden State Equality v. Dow," as well as with the 2015 US Supreme Court decision in "Obergefell v. Hodges," which held that same-sex marriage is a fundamental right and that all states are required to allow same-sex couples to marry. Enacting S3416 into law ensures that the right to same-sex marriage will continue to exist in New Jersey even if these state and federal court precedents were to be overturned.

Well over half of the states in the USA need to follow New Jersey's lead on this matter, and do the same by enacting the intent of the "Obergefell" decision into state law. To date, only 17 states, plus DC, that have done so:

District of Columbia
New Hampshire
New Jersey
New Mexico
New York
Rhode Island

These 5 states still have outdated language in their state statutes, but never had state constitutional bans, with Iowa and Pennsylvania semi-protected by separate favorable state court rulings that predate "Obergefell:"
West Virginia

These 3 states only have outdated language in their state constitutions, but no outdated statutory bans:

The remaining 25 states still have outdated statutory bans as well as outdated language in their state constitutions, a number that even includes Colorado, despite favorable state court rulings predating "Obergefell," and Missouri, with several favorable state court decisions covering portions of the state.

6 days ago @ Equality on Trial - 1/3 open thread · 0 replies · +3 points

Canada: Law Banning "Conversion Therapy" Now In Effect

The law that bans so-called "conversion therapy" in Canada took effect from 7 January 2022. Canadian lawmakers late last year approved the law that amended the country’s Criminal Code. Said law took effect 30 days after it had received the Royal Assent on 8 December.

“As of today, it’s official: Conversion therapy is banned in Canada,” said Prime Minister Justin Trudeau in a 7 January tweet. “Our government’s legislation has come into force — which means it is now illegal to promote, advertise, benefit from, or subject someone to this hateful and harmful practice. LGBTQ2 rights are human rights.”