【違憲判決！】法律上同性のカップルへの婚姻を認めないことは、合理的な根拠を欠く差別的取り扱いであり、法の下の平等を定める憲法14条に違反する、と判決が下されました。実質的な勝訴です！！！ #結婚の自由をすべての人に #札幌0317 pic.twitter.com/0yHR95ZZdk

— MARRIAGE FOR ALL JAPAN -結婚の自由をすべての人に- マリフォー (@marriage4all_) March 17, 2021

Japan court rules barring same-sex marriage is 'unconstitutional'

A district court in Sapporo, Japan ruled that not allowing same-sex couples to get married is "unconstitutional," in a groundbreaking decision that was celebrated across the country.

As Japan Times reports, presiding Judge Tomoko Takebe sided with the couples who claimed that the government was violating Article 14 of the Constitution which ensures the right to equality, describing the government's failure to implement legal measures to offer "even a degree" of marital benefits to same-sex couples as "discriminatory".

The ruling by the Sapporo District Court is likely to set a precedent in Japan, where the constitution still defines marriage as being based on "the mutual consent of both sexes".

Under the current rules in the country, same-sex couples are not allowed to marry legally, nor can inherit their partner's assets - such as the house they may have shared - and also have no parental rights over their partners' children.

Decisions like the one taken in the Sapporo court are likely to move things forward in the long-fought battle towards marriage equality in the country. Similar cases are currently being heard in four other courts across Japan, and this ruling may indirectly have a positive influence on their outcome.

A small step for us, a big step for who knows how many Hungarian #trans people.

The Hungarian Constitutional Court declared: prohibiting legal gender recognition in ongoing proceedings based on the new rules of Section 33 is unconstitutional.

Read: https://t.co/8ysYYGlf0h

— Háttér Society (@hattertarsasag) March 17, 2021

Hungary: Court rules retroactive prohibition of legal gender recognition unconstitutional

The Hungarian Constitutional Court annulled the provision according to which the new rules prohibiting legal gender recognition would also be applied to ongoing proceedings. 

Section 33, introduced and passed in 2020 at the height of the first wave of the Covid-19 pandemic, sought to replace “sex” with “sex assigned at birth” in the national registry and on identity documents, making legal gender recognition impossible for trans and intersex persons in the country. In addition, it included a provision to apply the new rules to ongoing proceedings as well: many people who had been waiting for years to have their legal gender recognition requests processed saw them rejected, and challenged the decision via judicial review.

The Constitutional Court sided with the applicants, claiming that “within the scope of the state’s obligation to protect institutions, it may not create a procedural framework that restricts a right guaranteed in the Fundamental Law in an unconstitutional manner”. The Court highlighted explicitly its 2018 decision, which declared that having the possibility to change one's gender and name is a fundamental right that can’t be restricted. 

Háttér Society spokesman Tamás Dombos told Reuters that new legal gender recognition procedures were still banned, adding there were dozens of challenges in Court concurrently against the bill, including some against the entire ban.

While the ruling has been described as a “small victory for trans and intersex persons in Hungary”, the unconstitutional situation caused by Section 33 has not been eliminated entirely yet:  whoever had not previously applied is still barred from seeking legal gender recognition.  As Human Rights Watch reports, Háttér Society plans to pursue legal action challenging the constitutionality of Section 33 as a whole.

Hobart resident Ben Jago loses anti-discrimination appeal that he had filed after being denied next-of-kin recognition following his partner Nathan Lunson's death in 2015.https://t.co/bmMoF1ZXG8

— Star Observer (@star_observer) March 18, 2021

Australia:  gay man loses court appeal to be recognised as late partner's next-of-kin

A gay man in Tasmania lost the court appeal to be recognised as the late partner’s next-of-kin.

Ben Jago and his partner were in a de-facto relationship when the latter died suddenly in January 2015. As the couple had not registered their relationship, however, the coroner’s office failed to recognise Ben as the next of kin, despite the two men being legal senior next-of-kin under Tasmanian law.

Jago filed a complaint with the Anti-Discrimination Tribunal, which was turned down. He appealed to the Supreme Court against the decision in 2019, but his complaint was turned down again, barring the man from seeking redress for the Coroner’s actions. 

“I’m appalled by the Supreme Court decision because it effectively means the Coroner can ignore both the state Relationships Act, that says same-sex partners have equal rights, and the state Anti-Discrimination Act, which says LGBTIQ people should not face disadvantageous treatment,” said Equality Tasmania spokesperson Rodney Croome.   

A protest to show solidarity with the man will be held outside the Coroner’s Office.

In the midst of a global health crisis, these lawmakers chose to focus on bigoted and dangerous legislation to hurt trans kids.

The humanity and rights of trans people are not up for debate. https://t.co/GC8m0Bgw7Q

— Lambda Legal (@LambdaLegal) March 11, 2021

United States: Mississippi governor signs bill banning trans athletes from school sports

Mississippi Governor Reeves signed a bill that prohibits trans student-athletes from participating in school sports in accordance with their gender identity.

The so-called “Mississippi Fairness Act” requires the state’s schools to designate teams by sex assigned at birth, and will go into effect on 1 July, although legal challenges are expected. 

“Gov. Reeves actions today are unjust and discriminatory,” says Mara Keisling, executive director of the National Center for Transgender Equality. “He has targeted transgender kids and added to their burden, opening them up to more harassment, abuse and violence. Transgender students should be allowed to live their lives without fear and out of the shadows”.

Human Right Campaign reports that there are so far 147 anti-LGBTQ bills under consideration in state legislatures across the country. Of those, 73 directly target trans people, and about half of those would ban trans athletes from participating in sports consistent with their gender identity.

The U.S. House passed the Equality Act last month. Should it pass the Senate and become law, the provision would formally add sexual orientation and gender identity to the prohibited grounds of discrimination in various areas of life - including on public-school sports teams, reports Mississippi Free Press.

On February 8th, Cameroonian Trans Celebrity Shakiro was arrested for what cleary is believed to have been due to her sexual orientation. She has experienced torture ever since. Here is our statement together with @for_wfw
.

Full statement: https://t.co/GSvnL3LYmc pic.twitter.com/pFqlnxwPve

— Pan Africa ILGA (@PanAfricaILGA) March 12, 2021

Calls for the immediate release of two trans persons from prison grow in Cameroon

Pan Africa ILGA joined LGBTIQ activists across West Africa to urge the immediate release of two trans persons arrested on the charges of ‘homosexuality’ in February.

According to reports, Shakiro and Patricia were arrested by the gendarmerie of Nkoulouloun – Douala after they could not provide their identification cards, and were questioned about their alleged sexual orientation under pressure, threats and torture. They were also denied access to their lawyers, and other detainees in prison have threatened them.

“Shakiro and Patricia remain examples of what the LGBTI community continues to face across the African continent”, said Pan Africa ILGA Programme Manager Richard Lusimbo. “Discrimination and hatred towards innocent members of our community need to stop. The state’s fundamental duty remains to respect all forms of human rights and ensure the protection of her citizens without fail.”

Human rights defenders have started a petition addressed to the Government of Cameroon, calling for Shakiro and Patricia's release.

La SCJN de México decidirá si el Congreso de Yucatán está en desacato x no garantizar el matrimonio igualitario y si debería aprobarlo.

En Yucatán los activismos LGBT+ llevan más de 10 años defendiendo el derecho al matrimonio igualitario.
https://t.co/cvbILCwhFU pic.twitter.com/bkp7cdttD6

— Agencia Presentes (@PresentesLGBT) March 18, 2021

Mexico: federal Supreme Court to discuss equal marriage rights in Yucatán

Mexico's Supreme Court will decide whether the Yucatán Congress is in contempt for not guaranteeing marriage equality and whether it should approve the bill which legalises it.

In April and July 2019, Congress voted in secret on initiatives that sought to reform the local Constitution and the Family Code. For this reason, Colectivo por la Protección de Todas las Familias en Yucatán (Colectivo PTFY) filed a case against the legislature, which is now being heard by the highest court of the country. 

As ILGA World’s State-Sponsored Homophobia report points out, there is no federal law on marriage equality in Mexico. As of December 2020, 19 jurisdictions had adopted same-sex marriage legislation.

In June 2015, the Supreme Court of Mexico declared that bans on marriage equality were unconstitutional and states must recognise the marriage of same-sex couples conducted in other states. However, these decisions did not translate to the legalisation of such marriages in the whole country, which have rather been celebrated on a case-by-case basis (generally after a judicial decision) in States where legislation still does not provide for such unions.