We welcome the judgement of European Court that a child and its same-sex parents must be recognised as a family, the child should be issued a Bulgarian passport, & the family should have free movement in all Member States of the European Union #parentswithoutborders

— ILGA-Europe (@ILGAEurope) December 14, 2021

Top EU court recognises relationship of same-sex parents and their children

Marking a historic win for rainbow families, the Court of Justice of the European Union (CJEU) ruled that a child and their same-sex parents must be recognised as a family, and that should have free movement in all Member States as such.

The case involved a couple who fell in legal limbo in 2019 when Bulgaria refused to issue a birth certificate for their baby. Authorities denied the request, arguing that the two mothers – one of whom is Bulgarian – could not be registered as parents on the infant’s certificate. The baby born in Spain, but could not acquire Spanish citizenship either - because neither of her two mothers is a citizen of the country.

The whole situation, ILGA-Europe pointed out, had left the baby at risk of statelessness. Until now, she has no personal documents – something that would restrict her access to education, healthcare, and social security - and could not leave Spain, the country of the family’s habitual residence. 

Now, however, the European court ordered Bulgarian authorities to issue an identity card or passport, adding that all Member States will be obliged to recognise its validity.

“We are very pleased with CJEU’s judgment”, said Arpi Avetisyan, ILGA Europe’s Head of Litigation. “The judgment has brought long-awaited clarification that parenthood established in one EU Member State cannot be discarded by another, under the pretence of protecting the ‘national identity’. This is a true testament to the EU being a union of equality.”

¡El mismo amor, los mismos derechos! José Tomás tiene dos mamas #Orgullo #Dignidad #matrimonioigualitario pic.twitter.com/2BevgJH3lh

— Movilh Chile (@Movilh) December 13, 2021

Marriage equality is signed into law in Chile

Same-sex couples across Chile celebrated a landmark victory, as marriage equality has been signed into law, days after it was approved by parliament.

First introduced to congress in 2017, marriage equality will become a reality in March 2022, as the bill will take effect 90 days after being signed into law. The new legislation recognises same-sex couples’ right to marriage, filiation – previously not recognised under the current Civil Union Agreement – and adoption. The law also introduces gender-neutral terminology, with ’spouse’ replacing ’wife’ and ’husband’.

“The fight for dignity and respect to existing will not stop,” wrote Agrupación LésBIca Rompiendo el Silencio founder Érika Montecinos in an opinion piece for the Washington Post. “Chile has taken a step in the right direction. A big step that can save the lives of those who have been historically segregated”.

“In the end, citizens are becoming more and more aware that they have a voice,” said in an interview for The Clinic Karen Atala, director of Fundación Iguales. “They have a vote, and they pay taxes. Therefore, if I pay taxes, I don’t have to be treated as a second-class citizen.”

History.

We did it. Together, survivors, LGBTQ2+ Canadians, elected officials and folks from coast to coast to coast have taken a huge step forward for a safer, more equal and more free country - for everyone.

From the bottom of our hearts: thank you. #Proud https://t.co/WIH2lbe6qS pic.twitter.com/rrY0PB1yUr

— No Conversion Canada (@NoConversionCA) December 7, 2021

Canada bans “conversion therapy”

So-called “conversion therapy” is now banned in Canada, after Bill C-4 received royal assent on 8 December. On its third iteration, the provision had been approved by both chambers of parliament a week before.

The new legislation prohibits providing, promoting, or advertising any attempt to ‘change’ a person’s sexual orientation or gender identity. This includes causing a person to undergo ‘conversion therapy’ regardless of their age and subjecting a minor to such practices abroad. Offenders may be punished with two to five years in prison.

The law will come into force 30 days after having received royal assent.

“Survivors have been fighting for this day for decades, so seeing that advocacy, that struggle and that resilience finally payoff is overwhelming in the best way," said Nicholas Schiavo, No Conversion Canada founder, in an interview with VOA.

We join our community in celebrating the passing of the BDMRR Bill at its final reading in Parliament yesterday. As MP @elizabethkerekere expressed in her moving speech this Bill "upholds the mana, the wairua, the mauri of our takatāpui, trans, intersex and non-binary whānau." pic.twitter.com/CsodY19pFk

— InsideOUT (@insideoutkoaro) December 10, 2021

Aotearoa New Zealand passes law making it easier for people to update sex markers on birth certificates

The parliament of Aotearoa New Zealand unanimously passed a law making it easier for a person to amend their birth certificate to correctly identify their gender.

The new bill, first introduced in 2018, allows people to amend the sex marker on their birth certificate without going through the Family Court first - which involved appearing before a judge - and revokes the requirement for applicants to bring medical documentation to back their request.

The legislation will take effect in 18 months, following consultations with the impacted communities. According to reports, these meetings will discuss third parties to support applications from young people, ensure that non-binary and cultural identities are included, and define possible requirements for anyone seeking to update marker more than once.

“This is a massive win for our trans whānau, intersex whānau, nonbinary whānau, and rainbow whānau as a whole,” wrote Rainbow Labour New Zealand on Facebook.

“It is now easier for these communities to amend their birth certificate to correctly identify their gender on their birth certificates - bringing it in line with other current identification laws in Aotearoa and across the world,” they added.

While welcoming the news, LGBTI group InsideOUT also pointed out the need to work around some points where the bill falls short on, notably “its exclusion of overseas-born immigrants, refugees, and asylum seekers”.

A group of lawmakers in #Senegal have drafted a bill to lengthen the prison terms for #LGBT activities, which they aim to present to parliament this week @Reuters https://t.co/fGsOKUquYf

— Nellie Peyton (@nelliepeyton) December 14, 2021

Senegal: new bill seeks to strengthen criminalisation of our communities

A new bill in Senegal could strengthen the criminalisation against our communities in the country, increasing jail terms for consensual same-sex sexual acts.

According to the draft acquired by communities on the ground, the proposed law tightens the punishment for same-sex intimacy between consenting adults and broadens the offences, criminalising diverse sexual orientations regardless of individual behaviour.

The bill targets trans and intersex people as well, and goes as far as comparing diverse sexual orientations, gender identities and expressions, and sex characteristics with “necrophilia and zoophilia”.

Currently, Article 319 (1965) of the Penal Code punishes same-sex acts between consenting adults with one to five years of imprisonment. In the past years, local activists have decried an ongoing “hunt” against sexual minorities: according to reports, at least 36 suspected gay men have been arrested in 2020 alone. With the new bill, the penalty could go up to 10 years.

“When individual freedoms, in particular the most sacred - privacy between consenting adults - are attacked, then there is little time left to realise that democracy is in danger,” an activist told Reuters.

Sri Lanka: LGBTI community marks a court win against police harassment

Sri Lanka’s Court of Appeal has given green light to a writ petition against the police over a derogatory training session, marking a welcome win for the LGBTI community.

Together with more civil society activists, LGBTI group EQUAL GROUND filed the petition after a counsellor was recorded as making homophobic remarks to a packed audience during a training aimed at police officers.

Violence and harassment against LGBTI people at the hands of law enforcement is not uncommon in Sri Lanka. Last year, activists rang the alarm over physical examinations forced on people because of their perceived sexual orientation.

Sri Lanka punishes same-sex sexual acts between consenting adults with imprisonment up to ten years. Moreover, there are extensive reports about trans people being targeted for their gender expression and arrested under the law on impersonation.

“So even for us knowing the history, knowing how difficult it is for the community to deal with the police – said Lasanthika Hettiarachchi, EQUAL GROUND’s attorney-at-law – the fact that a Sri Lankan court is taking up the case and acknowledging that there is a need for the case to be heard is a win for the whole community.”