Costa Rican woman able to marry her lesbian partner could face prison

When Jazmin Elizondo Arias was born in 1991, someone made a mistake and noted on her birth certificate that she was male, and no one corrected the record officially due to the drawn out administration involved.

Nearly a quarter of a century later, thanks to the simple clerical error, Ms Elizondo was able to become one half of the first gay couple to marry legally in Costa Rica – at least briefly.

The publicity prompted an unusually quick response by Civil Registry officials, who reviewed Ms Elizondo’s records, reclassified her as a woman and annulled the marriage. They also opened criminal complaints against the women and Mr Castillo, the lawyer, for allegedly performing an “impossible marriage”. 

“It’s clear the Civil Registry moved out of hate, because they not only annulled the marriage but filed this criminal complaint,” Ms Florez-Estrada said.  Read more via the Independent 

China: Homosexuality called ‘a psychological disorder’

A Chinese lesbian took the government to court over textbooks describing homosexuality as a “psychological disorder”, a landmark case in a country where discrimination remains common. Qiu Bai, 21, a student at Sun Yat-sen University in Guangzhou, brought the action against the ministry of education, demanding that it give her details of how it approved materials and how they could be changed.

Qiu's team showed AFP a manual, “Student Psychological Health”, published in 2015 by the prestigious Renmin University and distributed to students nationwide: “The most commonly encountered forms of sexual deviance are homosexuality and the sick addictions of transvestism, transsexuality, fetishism, sadism, voyeurism and exhibitionism,” it read. Other psychology textbooks had similar content.

Holding a large rainbow flag, she said she was “excited” by her “first opportunity to have a face-to-face dialogue with the ministry of education”. Supporters brandished signs outside the Fengtai district court in Beijing reading: “We want a fair judgement” and “Homosexuals must gain visibility”. Read more via AFP

UNAIDS to join Uganda's Anti Gay Law challenge as amicus curiae

The East African Court of Justice allowing UNAIDS to join the case challenging provisions of Uganda's nullified Anti-Homosexuality Act 2014 as violating the good governance and rule of law principles of the East African Treaty (Human Rights Awareness and Promotion Forum (HRAPF) v Attorney General of Uganda, Reference No. 6 of 2014). 

This is the only application that has been allowed by the court in this case, as three others were rejected. This decision demonstrates the confidence many have in UNAIDS human rights works.

UNAIDS has been amicus curiae in several high-profile cases in different parts of the world. Read more

Kenya: Two men sue State for forced HIV testing and anal examination

The National Gay and Lesbian Human Rights Commission have helped two men who were forced to undergo anal exams and testing to sue Chief Magistrate of Kwale Law Courts and DCIO, Msambweni Police Station, under whose direction the testing was done. The two men were tested at the Coast General Hospital, Mombasa, for " H.I.V., Hepatitis B and other blood works" without their consent, while undergoing police investigations.

"The forced blood testing and anal testing sought to establish whether the two male adults might have engaged in consensual adult carnal knowledge against the order of nature at the privacy of their residences in Ukunda."

According to the petition, the victims were allegedly arrested on suspicion of being gay and remanded by police at Msambweni for four days. They claimed police escorted them to the hospital where "they were forced to strip naked, lie facing upwards, lift legs into the air and cough while doctors inserted metallic objects up their rectum".

Gitari wants the court to declare that forced anal examination violates human dignity and has a "disparate impact on sexual minorities". He said the court should also declare forced medical exam a violation of the human and constitutional rights of the petitioners. Read more via the Star 

Mexico: Supreme Court overturns same-sex marriage ban

Mexico’s Supreme Court has struck down a law banning gay marriage in the state of Jalisco. Two gay couples challenged the state’s civil code after their were denied the right to marry after their applications to do so were rejected.

Nevertheless, the nation’s highest court has once again ruled that move discriminated against the LGBT community and is therefore unconstitutional. It added that state authorities could not “deny benefits to the claimants or set charges related to the regulation of marriage.”

However, same-sex marriage has not been specifically written into law, and same-sex couples may still require a judge’s approval before being wed. Read more via PinkNews 

Slovenia to put gay marriage to popular vote

Slovenians are going to hold a referendum on 20 December to decide whether to implement gay marriage legislation in the central European country. In March, gay marriage bill was passed but opponents backed by the Catholic Church have forced a referendum in an attempt to repeal the law.

The Slovenian constitutional court gave the green light for the referendum. Under Slovenian law, if a group can gather 40,000 signatures on a petition within a month, they can seek a referendum on new legislation.  If more than a third of the electorate take part and deliver a majority vote against the law, it will be scrapped.  Read more via West Info 

Cyprus: House passes historic civil partnerships bill

Activists broke out in applause in the House on Thursday as the plenary gave the nod to a much-anticipated bill on civil cohabitation regulating the rights and obligations couples wishing to enter into a union other than a ‘traditional’ marriage.

Despite carrying the full force of traditional unions between two persons, regulating such issues like inheritance, adoptions are forbidden for couples entering into a civil cohabitation. The prohibition – which some argued is discriminatory – applies to heterosexual as well as same-sex couples.

“This bill is not about homosexuality, rather we are voting for freedom and equality… it is about allowing an alternative union,” said DIKO MP Nicholas Papadopoulos, who was in favour. Dissenting DISY MP Andreas Themistocleous objected that the bill effectively creates a new type of marriage, which would end up changing the fabric of family life in Cyprus.

Initially named cohabitation agreement, the law was renamed to civil cohabitation to reflect the fact that it is not an agreement whose terms were decided by the partners, but a state of affairs regulated by law. Read more via Cyprus Mail 

India: Kerala becomes first state to unveil transgender policy

State Chief Secretary Jiji Thomson unveiled the much awaited ‘State Policy for Transgenders in Kerala 2015’ by handing over its copy to noted transsexual-gender minority activist Akkai Padmashali during the inaugural ceremony of the first International Conference on Gender Equality.

During the inaugural ceremony, state Minister for Social Justice M K Muneer said it is for the first time that any state government is framing out a policy for transgenders. “We assure the transgenders in the state that your freedom and movement will be taken care of by the Kerala Government,” he said adding that the state has set a model for the entire country by formulating such a policy.

The policy covers all the categories of TGs, including male to female TGs and intersex people. It also emphasises the rights of the minority group to self identify themselves as man, woman or TG as stated in the Supreme Court judgement. It also ensures them equal access to social and economic opportunities, resources and services, right to equal treatment under the law, right to live life without violence and equitable right in all decision making bodies. Read more via The Indian Express

Vietnam: Law change introduces transgender rights

Vietnam passed a law enshrining rights for transgender people in a move advocacy groups say paves the way for gender reassignment surgery in the authoritarian communist nation. People who want the operation, which is illegal, tend to have it done in nearby Thailand.

The new legislation will allow those who have undergone reassignment to register under their new gender. The law will come into effect early in 2017 after 282 of 366 lawmakers voted in favour.

“Individuals who undergo transgender change will have the right to register” under their new gender with “personal rights in accordance with their new sex”, reported the state-controlled VnExpress website, citing a national assembly report.

The law is an attempt to “meet the demands of a part of society … in accordance with international practice, without countering the nation’s traditions”, said the report from the Vietnamese parliament. Read more via the Guardian 

Kenya: MPs throw out proposal to punish gays with death

A parliamentary team has thrown out a proposal to have a law prescribing death by public stoning to anybody found participating in homosexual acts. The Justice and Legal Affairs Committee said it does not agree with the law proposed by the Republican Liberty Party through its legal secretary, Mr Edward Onwong’a Nyakeriga.

The committee argued that the Constitution not only establishes that the family is the natural and fundamental unit of society, but is forthright that Article 45 provides that every adult has the right to marry a person of the opposite sex.

It, however, left the window open for the matter to be determined by the larger House, saying: “The petitioner is, however, at liberty to approach any willing member or committee of the House to sponsor the proposed legislation on his behalf.” Read more via Daily Nation 

Uganda: Controversial NGO bill passed on eve of pope's arrival

Ugandan lawmakers unanimously passed a bill that would give authorities sweeping powers to regulate civil society, which rights groups say will "strangle" criticism of the government, just before Pope Francis arrived on a visit.

Civil society groups say the legislation gives the government unprecedented powers, including the ability to shut down non-governmental organisations and jail their members. Activist and lawyer Nicholas Opiyo said the passing of the law "strikes at the heart of civic forms of organising, restricts civic space and association rights."

Gay rights groups are particularly worried that if the bill is passed they might be targeted in a country that has previously passed tough anti-homosexuality legislation, which was later overturned on a technicality. Groups working on sensitive issues such as oil, land ownership and corruption also fear it could stifle their efforts.

But the government says the law is aimed at supporting rights groups and aid agencies.

Under the bill, Uganda's internal affairs minister and national board for NGOs have powers to supervise, approve, inspect and dissolve an organisation if "it is in the public interest to do so."   Read more via AFP