For Many L.G.B.T. Migrants, North of the Border Is No Refuge

Jade Quintanilla had come to the northernmost edge of Mexico from El Salvador looking for help and safety, but five months had passed since she had arrived in this border town, and she was still too scared to cross into the United States and make her request for asylum.

Violence and persecution in Central America had brought many transgender women such as Ms. Quintanilla to this crossroads, along with countless other L.G.B.T. migrants. They are desperate to escape an unstable region where they are distinct targets.

Friends in San Salvador, Ms. Quintanilla said, were killed outright or humiliated in myriad ways: They were forced to cut their long hair and live as men; they were beaten; they were coerced into sex work; they were threatened into servitude as drug mules and gun traffickers.

Still, just a few miles from the border, Ms. Quintanilla, 22, hesitated. “I’ve gone up to the border many times and turned back,” she said in a bare concrete room at the group home where she was living, holding her thin arms at the elbows. “What if they ask, ‘Why would we accept a person like you in our country?’ I think about that a lot. It would be like putting a bullet to my head, if I arrive and they say no.”

While the Trump administration has tightened regulations on asylum qualifications related to gang violence and domestic abuse, migrants still can request asylum on the basis of persecution for their L.G.B.T. identity. But their chances of success are far from certain, and the journey to even reach the American border is especially risky for L.G.B.T. migrants.lgbt persecution

Trans women in particular encounter persistent abuse and harassment in Mexico at the hands of drug traffickers, rogue immigration agents and other migrants, according to lawyers and activists. Once they reach the United States, they regularly face hardship, as well.

There are no numbers available disclosing how many L.G.B.T. migrants seek asylum at the border each year or their success rate, but lawyers and activists say that the number of gay, lesbian and trans people seeking asylum each year is at least in the hundreds.

In weighing whether to risk the journey north, many L.G.B.T. migrants from Central America gamble that the road ahead cannot be worse than what they are leaving behind.

Victor Clark-Alfaro, an immigration expert at San Diego State University who is based in Tijuana, said that he has noticed more openly L.G.B.T. people in recent years making the journey to the border with hopes of seeking asylum. He said they are often the victims of powerful criminal gangs in Central America and Mexico — but also of bigoted neighbors, police officers and strangers.

by Jose A. Del Real, New York Times

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Israeli bill allows surrogacy for single women, denies it to same-sex couples

Single women are eligible for surrogacy but same-sex couples are not under a bill advanced by a Knesset committee.

The surrogacy bill must pass a second and third reading in the full Knesset to become law. The Labor, Welfare and Health Committee passed the measure in an 8-4 vote, with government coalition members in favor and the opposition against. The committee rejected an amendment to allow same-sex couples to undergo surrogacy.

Currently, only couples who are married and heterosexual have the right to hire a surrogate in Israel.Israel surrogacy

Under the bill, a family may have five children by surrogacy instead of the two now allowed, and a surrogate can give birth five times, including her own children, and up to age 39.

Itzik Shmuli of the Zionist Union, who is gay, attempted to sway his fellow committee members on extending the legislation to same-sex couples.

“I want to be a father and I cannot be a father. To do this, I have to go to a foreign country, pay $140,000 and hope it’s all right. My life is full, but there is always a part missing that accompanies me everywhere,” Shmuli said. “We are good enough to serve the country, but not to be parents. It’s an insult I cannot describe. It is a situation that is simply discriminatory, painful, and full of insults and dishonesty. This is wrong.”

Likud lawmaker Amir Ohana, who is openly gay and proposed the amendment to include same-sex couples in the bill that was not approved, told the committee about his difficulties in creating a family.

July 10, 2018 – JTA.org

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Same-Sex Couples Entitled to Equal Visa Rights, Hong Kong Court Says

Hong Kong’s top court ruled on Wednesday that committed same-sex couples living in the city had the same rights to spousal visas as married heterosexual couples, a decision that advocates said could have ripple effects in advancing gay rights.

The case, which was brought in 2014 by a British woman who wanted to join her partner, galvanized gay rights activists who said that Hong Kong had not been living up to its image as “Asia’s world city” by failing, until now, to recognize such rights. Banks and law firms had pushed for such recognition to lure and keep top talent in the financial and business center.hong kong gay visa

“This judgment is a milestone for Hong Kong and a watershed moment” for gay rights across Asia, Jan Wetzel, senior legal adviser at Amnesty International, said in a statement.

The woman at the center of the case, known in court papers only as QT, came to Hong Kong as a visitor in 2011, several months after entering a same-sex civil partnership in Britain with SS, a woman of South African and British nationality who had taken a job in Hong Kong. QT’s application for a dependent visa was refused on the basis that marriage is defined in Hong Kong as the union of one man and one woman.

Without such a visa, a foreign partner would be able to stay in Hong Kong only on a short-term tourist visa and would not be able to work or receive public services.

QT took the government to court, claiming discrimination based on sexual orientation. She lost in 2016 in the Court of First Instance, which said it would be unlawful for the government to accept same-sex partnerships “through the back door.” Last fall, the Court of Appeal ruled unanimously in her favor on the grounds that the visa policy was indirectly discriminatory. That decision was upheld in Wednesday’s unanimous ruling by the Court of Final Appeal.

In a statement, QT said the ruling “affirms what millions of us in this wonderful and vibrant city know to be true, that discrimination based on sexual orientation, like any other form of discrimination, is offensive and demeaning.”

by Jennifer Jett and Austin Ramzy, New York Times, July 4, 2018

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With Supreme Court Justice Kennedy Gone, Abortion and LGBT Rights Are Next

The swing vote is leaving him. Trump’s right-wing replacement will be there for decades. Democrats have no power to stop it.

The judicial apocalypse is here, and there’s nothing Democrats can do to stop it.  Justice Anthony Kennedy, the swing voter in most of the Supreme Court’s close cases of the last decade, is retiring at age 81.

President Donald Trump will choose his successor.

With the Senate filibuster of Supreme Court nominees eliminated last year by Republican Senate Leader Mitch McConnell, anyone Trump nominates will be rubber-stamped.  That has been the pattern so far, with 39 judges confirmed so far, often in an expedited process, with not a single Republican vote opposing any of them.

Moreover, Trump’s judicial nominees thus far have been chosen by the far-right Federalist Society, which has put forward extreme ideologues in the mode of Justice Clarence Thomas, whose ideas were once considered on the fringe but are now increasingly within the mainstream. 

While Justice Neil Gorsuch replaced another conservative, the late Justice Antonin Scalia, whoever replaces Justice Kennedy will likely be a conservative firebrand replacing a moderate.  The shift will transform the Court for decades to come.

by Jay Michaelson, DailyBeast.com, June 27, 2018

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Arizona Appeals Court Applies Masterpiece Cakeshop Ruling to Reject a License to Discriminate

In the first lower court ruling applying Masterpiece Cakeshop, the Arizona Court of Appeals rejected the argument that business owners have a license to discriminate against same-sex couples in Brush & NIB Studio v City of Phoenix.

This case was brought by the Alliance Defending Freedom.wedding cake

This shows that the Supreme Court’s decision in Masterpiece Cakeshop did not change the long-standing rule that businesses that are open to to the public must be open to all.

Discrimination has no place under our Constitution. Business can’t hang up signs saying “your kind not served here.”

Posted by Eric Lesh on Medium.com – June 7, 2017

Bermuda Court rules in favour of same-sex marriage

Gay couples won the right to marry yesterday for the second time in little more than a year in Bermuda, but the Government said it would appeal the Supreme Court decision to reverse the ban on same-sex marriage.

Chief Justice Ian Kawaley upheld a constitutional challenge against the Domestic Partnership Act, delivering a judgment that declared invalid the parts of the legislation which revoked marriage equality.marital trust

His ruling was greeted with a round of applause from a packed public gallery and joyful celebrations outside the courtroom.

Several hours later, Walton Brown, the Minister of Home Affairs, announced the judgment would be appealed “subject to any legal advice that we receive”.

Mr Justice Kawaley’s ruling does not take immediate effect because he agreed to an application by Solicitor-General Melvin Douglas, representing the Attorney-General, for a six-week stay to allow the Government to decide whether to appeal.

During that period, gay couples will only be able to apply to enter into domestic partnerships.

Mr Brown said: “We are pleased that the Chief Justice has stayed the decision until an appeal can be submitted.”

by Sam Strangeways Owain Johnston-Barnes – The royal Gazette – June 7, 2018

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Gay family recognised by state in Ecuador in historic decision

A seven-year-old girl will be registered with both surnames of her two mothers in Ecuador, in a move hailed by campaigners as step forward for the recognition of LGBT families in the country.

The Constitutional Court in Ecuador ordered the Civil Registry office to register Satya Amani Bicknell Rothon, the daughter of couple Helen Bicknell and Nicola Rothon.

The case had been ongoing since September 2012.Ecuador

At a press conference after the decision, Bicknell said: “We knew we were going to win but we did not know when.

“This is the result of a collective effort,” she added.

 

One of the lawyer’s involved in the case, Jose Luis Guerra, said failing to register the child’s name was in violation of her rights, TeleSUR English reported.

Guerra added the move was significant in recognising the diversity of families in Ecuador.

Ecuador’s Constitutional Tribunal repealed the law that criminalised same-sex sexual relations between consenting adults in 1997.

In 2015, Ecuador passed an amendment to its Civil Code which legalised same-sex civil unions.

Yolanda Herrera, an Ecuadorian lawyer with a focus on LGBT rights, told TeleSUR English that there are still issues around adoption and surrogacy despite the recognition of civil unions.

by Lydia Smith, PinkNew.co.uk, May 31, 2018

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First Czech same-sex couple recognized as parents

The Supreme Court accepted in early May the Californian judiciary’s decision and recognized a Czech gay couple as the parents of a recently born baby, which is the first case of a same-sex Czech couple to be given this legal right, daily Mlada fronta Dnes (MfD) wrote on Saturday.

A surrogate mother gave birth to the baby of the Czech gay couple in California a few months ago.

The donor’s egg was fertilised in vitro with the sperm of one of the future fathers. The Californian authorities then recognised both Czech men as the rightful parents of the newborn baby.Czech Republic

As the child has a U.S. birth certificate and passport, the gay couple turned to defence lawyer Katerina Menclova to help them gain Czech documents.

“I was told that if we want to arrange Czech documents for Karolina (the baby girl), we must turn to the Supreme Court that would recognise the verdict by the State of California, which declared both gay partners the child’s parents,” Menclova told MfD.

The Supreme Court issued the respective decision on May 2, recognising both men as the child’s parents.

Menclova then turned to the Czech authorities that were to issue the baby’s birth certificate.

Defence lawyer Petr Kalla, who is dealing with similar cases, told Mlada fronta Dnes, that the court’s decision is of an immense symbolic importance as for the first time a Czech same-sex couple was recognised as rightful parents, Kalla said.

Prague Daily Monitor – May 19, 2018

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Gay Couple Stabbed While Holding Hands Outside Denver Nightclub

“We were just holding hands minding our business,” one of the men said.

Two gay men were holding hands while walking home from a nightclub early Sunday morning in Denver when a man attacked the couple, stabbing them multiple times. 

“We were just walking and I guess he didn’t like what he saw … that we were holding hands,” Chris Huizar, 19, told local outlet 9News on Sunday. 

Huizar and his boyfriend, Gabriel Roman, 23, were walking home from a dance club called The Church just after midnight when the two said they heard a man yell “fuckin’ faggots” before he attacked the couple with a folding knife. Huizar was stabbed in the neck and Roman was stabbed in the hand and back before they were able to escape.

The couple called the police and were taken to the hospital immediately where, according to Gay Star News, Roman received 30 internal stitches and 52 stitches on his hand. The wounds were not life-threatening, Denver police spokesman Sgt. John White told The Denver Post.

By Alanna Vagianos Huffingtonpost.com, May 29, 2018

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Transgender People’s Brains Are Wired Like Those of Gender They Identify With, New Study Shows

The brains of transgender people are wired in a way that matches the gender they identify with rather than their biological sex, according to a new study. 

Researchers found that whether a person identifies as transgender could be tied to how their brains develop in the womb. A person might identify as transgender when the gender they are assigned at birth according to their sex does not match how they feel inside. For instance, a person with a penis who is told they are a boy at birth could later grow up to identify as a woman. trans

To arrive at their findings, researchers at the VU University Medical Center in the Netherlands analyzed the brain activity of young transgender people using MRI scans. Around 160 young people were involved in the small study, including adolescent boys and girls with gender dysphoria.

The team assessed how their brains changed in response to a pheromone that prompts gender-specific activity in the organ. They found that the transgender adolescents had parallels with the brain activity of cisgender participants of the same gender. Cisgender is the term used to describe a person who identifies with the gender they were assigned at birth. 

Professor Julie Bakker, an expert in neuroendocrinology at the University of Liege and lead author of the study, told Newsweek: “The earlier it [being transgender] is detected, the better the outcome of the treatment.

by Kashmira Gander, Newsweek.com, May 22, 2018

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