New Delhi Lifts Colonial-Era Ban on Gay Sex
A top court in the Indian capital of New Delhi yesterday overturned a colonial-era law banning gay sex between consenting adults as the world’s biggest democracy struggles to balance tradition and modernity.
In a strongly worded statement, New Delhi’s High Court ruled that the 150-year-old statute prohibiting homosexual acts was discriminatory and therefore a “violation of fundamental rights.”
“It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,” the court said in a 105-page judgment.
Quoting India’s first prime minister, Jawaharlal Nehru, Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human spirit and of a nation’s passion.”
The ruling applies only to New Delhi and to adults older than 18. But federal government ministers are also in the process of reviewing the law.
See New Delhi Lifts Colonial-Era Ban on Gay Sex
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Indian court decriminalizes consensual gay sex
(New Delhi) A court ruled Thursday to decriminalize homosexuality in the Indian capital, a groundbreaking decision that could bring more freedom to gays in this deeply conservative country.
The Delhi High Court ruled that treating consensual gay sex as a crime is a violation of fundamental rights protected by India’s constitution. …
Tags: Conservative Country, Constitution, Delhi High Court, Freedom, Fundamental Rights, Gay Sex, Groundbreaking Decision, Homosexuality, India, Indian Capital, Indian Court, Indian Gay, Indian Sex, New Delhi, Sex Crime, Sex NewUrgent Petition: Save Roodabeh and Ali, Iranian Homosexual Refugees
Roodabeh is a 30-year-old lesbian woman who left Iran in February 2008 to flee from the persecution that the regime of President Ahmadinejad reserves for homosexuals; persecution that foresees in many cases – according to a ruthless interpretation of Islamic law – prison sentences, torture and even death. Ali is a 29-year-old gay. He too was forced to leave Iran to escape the repression in January 2008. Once in Turkey, Roodabeh and Ali applied for asylum to the UN High Commissioner for Refugees (Ankara section) on the grounds of their sexual orientation.
EveryOne Group, Human Rights international organization, would point out that the right of asylum, as laid out in the Universal Declaration of Human Rights (art. 14) and finalized by the Geneva Convention, is one of the fundamental rights of human beings, and is recognised by civil countries to those fleeing from violence and persecution. Turkey signed the Geneva Convention and has saved many human lives by acknowledging their status as refugees and offering them humanitarian protection. However, Turkey’s present policies where the rights of refugees and asylum seekers are concerned, have recently become more restrictive. So much so that Amnesty International has recently brought to international attention the repeated violations of the Geneva Convention in the Republic of Turkey, as well as the episodes of abuse carried out by the police against refugees. Roodabeh and Ali live in fear of being repatriated as the Iranian authorities are aware of their flight and the reason they were forced to seek asylum. If they were to be deported, they would have little chance of being spared this persecution.
They live in a state of anguish (as well as discrimination, seeing they are both foreigners and homosexuals) knowing their lives are in danger. They survive only thanks to the commitment of individuals and human rights organizations, but their condition will deteriorate rapidly if their right to international protection is not urgently recognised.
This is why EveryOne Group, working alongside Iranian Queer Railroad (IRQR) and a network of human rights organizations, is promoting a campaign and appealing to the UN High Commission for Refugees to recognise their legitimate right to international protection and asylum.
EveryOne Group activists must point out that Roodabeh and Ali have been awaiting the decision of the High Commission for many months, without financial support, social assistance or programmes of insertion into the work force.
A petition has been submitted to ask international and Turkish authorities and institutions to grant immediate asylum status to the two Iranian homosexuals. You can sign it at http://www.gopetition.com/online/28514/sign.html
For further information:
EveryOne Group
http://www.everyonegroup.com :: info [at] everyonegroup.com
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LOS ANGELES: All Saints, Pasadena, clergy opt out of civil marriages until gay couples can legally wed
Clergy at All Saints Episcopal Church in Pasadena, California, are opting out of performing civil marriages until gay couples can legally wed–and are encouraging other clergy to do likewise, according to the Rev. Ed Bacon, rector.
“At the heart of Jesus’s moral vision and All Saints’ historic mission is respecting the dignity of every human being,” Bacon said in a June 3 press release announcing the decision, which is effective immediately.
“The California Supreme Court in its recent opinion has ruled that those of same-gender affections are second-class citizens,” Bacon added. “Denying fundamental rights to a certain classification of humanity is blatant discrimination with which our governing board, the other clergy of All Saints, and I will not participate. We invite other clergy and congregations to join us in this stand for marriage equality.”
Bacon referred to the May 26 state Supreme Court ruling that upheld the controversial Proposition 8, a constitutional amendment providing that “only marriage between a man and a woman is valid in California.” Their decision sparked nationwide rallies by both advocates and opponents of the measure.
The Rev. Susan Russell, an associate at the Pasadena congregation known for its social activism and progressive politics, said on June 4 that clergy are meeting with couples whose nuptials were already planned “to explain the new policy and hold pastoral conversations about the impact on them.
“We only do member weddings, so folks married here at All Saints typically share our values of inclusion and would be on board, we think, with making arrangements to have the civil part of their marriage take place external to All Saints clergy,” said Russell, who is president of Integrity USA, an advocacy group for gay, lesbian, bisexual and transgender Episcopalians.
But she added that: “We will continue to serve and marry them civilly if that’s what the couple prefers for whatever reason because that was the contract going in.”
All Saints vestry, at its June 2 meeting, had unanimously passed a resolution declaring that “the sacramental right of marriage is available to all couples, but that the clergy of All Saints Church will not sign civil marriage certificates so long as the right to marry is denied to same-sex couples.”
The vestry’s decision acknowledged “our active participation in the discriminatory system of civil marriage is inconsistent with Jesus’s call to strive for justice and peace among all people and respect the dignity of every human being.” The resolution states “civil marriage in the State of California is, as a result of Proposition 8 and the Court’s decision, a constitutionally-mandated instrument of discrimination, which furthers injustice and denies same-sex couples the fundamental dignities to which each human being is entitled,” Bacon said. Russell said there was little discussion in the vestry meeting. “It was just a no-brainer that of course we want to take steps that keep us from being complicit in state-sponsored discrimination.
“I keep thinking I couldn’t be prouder to work at All Saints church than I already am and then our leadership keeps taking steps that make me even prouder,” Russell said. “It was it is such a part of the DNA of All Saints Church to stand with those in need of solidarity. This stand is so deeply rooted in our baptismal covenant, it gives us such a strong theological place to stand. It feels like very firm foundation, indeed.”
The Rev. Neil Thomas of the Metropolitan Community Church (MCC) in Los Angeles, a petitioner in the Proposition 8 case, said the 40-year-old 500-member congregation likewise is observing a moratorium on signing civil weddings.
“We will not sign the paperwork” for civil marriages, said Thomas, whose ministry is primarily, but not exclusively, to the LGBT community. He is also the president of California Faith for Equality, a progressive interfaith movement of about 6,000 clergy, which submitted an amicus brief advocating that the California Supreme Court overturn Proposition 8.
– The Rev. Pat McCaughan is Episcopal Life Media correspondent for Provinces VII and VIII and the House of Bishops. She is based in Los Angeles.
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Report: Widespread LGBT harassment throughout Europe
(Brussels) Lesbians, gays, bisexuals and transsexuals face widespread harassment, bullying and discrimination across Europe, according to an EU report released Tuesday.
That harassment and discrimination occurs “in all areas of social life,” from schools to the workplace to health care centers, the report by the EU’s Fundamental Rights Agency said.
Tags: Agency Director, Bisexuals, Brussels, Discrimination, Europe, Face, Fundamental Rights, Harassment, Health Care, Lesbians, TranssexualsAsian Pacific Islander Equality Closely Watches Oral Arguments on Marriage Equality
Los Angeles – On March 5, 2009, the California Supreme Court will hear oral arguments on Proposition 8, a measure revoking marriage rights for lesbian, gay, bisexual, and transgender (LGBT) people. API Equality – LA, an organization that has worked diligently for Marriage Equality rights since 2005, hopes the Supreme Court will invalidate the proposition, one that affects the lives of thousands of Asian and Pacific Islanders.
“The real threat of Prop. 8 is not just against lesbian, gay, bisexual, and transgender Californians, it is against all Californians,” said Karin Wang, Vice President of Asian Pacific American Legal Center and API Equality – LA steering committee member. “A core purpose of the California Constitution is to ensure that the law treats all people equally, including minority groups. If upheld, Prop. 8 will set a dangerous precedent, where a simple majority vote is able to strip away the fundamental rights of a protected minority group.”
According to the Williams Institute, a LGBT think tank based at UCLA, there are approximately 66,000 LGBT Asian and Pacific Islanders living in California—the largest in the nation. If Prop 8 is allowed to stand , the fundamental right of same-sex couples to marry will be stripped from them.
API Equaltiy - LA is a coalition of organizations and individuals working to build support for equal marriage rights and fair treatment of lesbian, gay, bisexual and transgender (LGBT) people in the greater Los Angeles Asian and Pacific Islander community. For more information, call 323-860-7348 or visit, http://apiequalityla.org/
Please view the “Our Stories” section of the website to read stories about API’s and how Prop 8 affected their lives: http://www.apiequalityla.org/ourstories.php
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Attorneys Urge California Supreme Court To Invalidate Prop 8
(San Francisco, CA, March 5, 2009) Attorneys for same-sex couples, civil rights organizations and the state Attorney General’s office appeared before the California Supreme Court today to urge the court to strike down Proposition 8, which took away the right of same-sex couples the right to marry. At issue in the case is whether the ballot initiative process can be used to take away a fundamental right only for one group of Californians based on a trait – in this case sexual orientation – that has no relevance to the group’s ability to participate in or contribute to society. Because the case has serious implications for the constitutional rights of all Californians, it has generated unprecedented support from many national and state civil rights groups as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups. The California Supreme Court, which has struck down several other initiatives in the past, is expected to issue a decision within 90 days.
“Proposition 8 jeopardizes not just the right of same-sex couples to marry, but the rights of all Californians to be treated as free and equal citizens of this state,” said Shannon P. Minter, Legal Director of the National Center for Lesbian Rights (NCLR), who argued the case before the Court. “Our Constitution is based on the principle that majorities must respect minority rights. But if a majority can change the Constitution to take away a fundamental right from one group, then it can take away fundamental rights from any group. Our government will have changed from one that respects minority rights to one in which the power of the majority is unlimited.”
NCLR, Lambda Legal, and the ACLU filed the legal challenge on November 5, after Proposition 8 was approved by just 52 percent of the voters on Election Day. In court today, the groups argued that it was improper for the proponents of Proposition 8 to use the ballot initiative process to strip same-sex couples of the fundamental right to marry. The groups contend that changes to the Constitution that alter its core requirement of equal protection by selectively depriving minorities of fundamental constitutional rights cannot be accomplished through a simple majority vote. Such major changes of core structural principles are revisions to the Constitution that can only be put on the ballot by a two-thirds vote of both houses of the legislature.
“It is simply wrong—legally and socially—to short-circuit the California Constitution and its equal protection guarantees,” said Jennifer C. Pizer, Marriage Project Director for Lambda Legal and co-counsel in the legal challenge to Proposition 8. “Proposition 8 is no ‘garden variety’ amendment that changes a tax or zoning or safety rule in a way that affects everyone equally. This is a radical attempt to strip a cherished constitutional right from just one targeted minority group and then to stop the courts from doing their most basic job of upholding the constitutional promise of ‘liberty and justice for all’.”
The case before the court is unprecedented because no other initiative-amendment has successfully taken away a fundamental right only for a particular minority. Because Proposition 8 would, for the first time, change the Constitution in a way that strips a minority group of its constitutional right to equal treatment under the law, California Attorney General Jerry Brown agrees that Proposition 8 should be struck down. The Attorney General’s office argued that the right to marry is an “inalienable right” that can not be selectively eliminated from one group without compelling reasons.
“The Court has a solemn responsibility to enforce our state constitution and to protect the rights of all people, regardless of popular opinion,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “This case isn’t just about marriage, and it’s certainly not just about gay and lesbian couples. If the Court strikes down Proposition 8, it will be protecting the civil rights of all Californians.”
An unprecedented 43 friend-of-the-court briefs, representing hundreds of religious organizations, civil rights groups, and labor unions, and numerous California municipal governments, bar associations, and leading legal scholars, were filed in the case, urging the court to strike down the initiative. Because the issues at stake have such important implications for other minority groups, Raymond Marshall of Bingham McCutchen, who represents the Asian Pacific American Legal Center, the California State Conference of the NAACP, the Equal Justice Society, the Mexican American Legal Defense and Educational Fund, and the NAACP Legal Defense and Educational Fund, asked and was given permission to appear in court today. He argued that allowing Proposition 8 to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
“Our state Constitution was created to ensure equal treatment under the law for every Californian,” said Geoff Kors, Executive Director of Equality California. “Prop 8 changes that fact by taking away a fundamental freedom from one particular group and mandating government discrimination against a minority. We hope the court upholds the Constitution’s promise of equality.”
The National Center for Lesbian Rights, Lambda Legal, and the ACLU are representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The arguments today also included two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
The California Supreme Court must issue its decisions within 90 days of oral argument.
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URGENT CALIFORNIA ACTION ALERT: Call Legislature Now!
Anti-equality groups are currently flooding the Capitol with threatening phone calls demanding members of the Senate and Assembly Judiciary committees oppose the two resolutions to overturn Prop 8 when they come up for a vote on Tuesday. We cannot let their attacks and threats go unanswered! We need to make sure that legislators hear from those who support equality. Please call key members of the Senate and Assembly Judiciary Committeeswho have supported LGBT equality in the past (sample script and phone numbers are below). Ask them to support the resolutions to overturn Prop 8 to protect all minorities from the risk of losing their rights at the ballot box. If passed, the two EQCA-sponsored resolutions, SR 7 and HR 5, authored by two of our champions in the Legislature, Senator Mark Leno and Assemblymember Tom Ammiano, will put the California Legislature on record as supporting the invalidation of Prop 8, declaring it an illegal revision to the state constitution. This is our fourth of five actions leading up to our giant lobby day to overturn Prop 8 on Tuesday, the day of the vote, when over 2,000 activists will come together at the Capitol to urge their lawmakers to support these critical resolutions. Take Action Today! Call Now!
Sample Script Thank you for past support for equality. My name is [Your Name] and I am calling to ask for you to vote in favor of SR 7 / HR 5 because Prop 8 is a drastic and radical revision to the California Constitution that puts all Californians at risk. I believe in equal protection under the law and do not want a simple majority of voters to be able to take fundamental rights away from any minority. Thank you. [Your Name] If you live in Northern California, please call: Senate Judiciary Committee members (for SR 7) Assembly Judiciary Committee members (for HR 5) If you like in the Central Valley, please call: Senate Judiciary Committee members (for SR 7) Assembly Judiciary Committee members (for HR 5) If you live in Southern California, please call: Assembly Judiciary Committee members (for HR 5)
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On Valentine’s Day, Binational Gay and Lesbian Couples Struggle to Stay Together
WASHINGTON, D.C. – Immigration Equality, the national group aimed at ending anti-LGBT discrimination in immigration law, and the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, lauded today’s introduction of the Uniting American Families Act. The bill, sponsored by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT), will provide lesbian and gay Americans the same opportunity as different-sex couples to sponsor their partner for immigration purposes. During a media conference call, Rep. Nadler joined Immigration Equality Executive Director Rachel B. Tiven, HRC President Joe Solmonese, and Mexican American Legal Defense and Educational Fund Legislative Staff Attorney John Amaya to discuss the importance of this legislation, along with two binational couples who face the prospect of being forcibly separated under existing immigration laws.
“It should be an outrage to all Americans that our government continues to deny one set of citizens the fundamental rights enjoyed by the rest of its citizens,” said Rep. Nadler. “It is time that we as a society finally acknowledge that a committed, loving family is a committed, loving family, no matter whether a couple is gay or straight. It makes no difference. We should be encouraging and rewarding stable families rather than sweeping them into the margins. We must now pass UAFA, the Uniting American Families Act, and grant gay and lesbian binational families the same legal protections—and the same human dignity—as other Americans.”
“Like many people across the country, there are Vermonters whose partners are foreign nationals and who feel abandoned by our laws in this area. The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones. I hope all Senators will join me in supporting equality for all Americans and their loved ones,” said Sen. Leahy.
Under U.S. immigration law, U.S. citizens and legal permanent residents may sponsor their spouses for immigration purposes. But gay and lesbian Americans are not afforded this basic right. Consequently, many binational gay and lesbian couples are kept or torn apart. The Uniting American Families Act would allow U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration by meeting the same standard as different-sex couples. The bill would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.
“This Valentine’s Day, thousands of gay and lesbian Americans who have fallen in love across borders must grapple with an impossible choice between being with the person they love and staying in their country,” said Immigration Equality Executive Director Rachel B. Tiven. “These couples simply want the same opportunity to prove that their families deserve to stay together.”
“For far too long, our elected officials have ignored the devastating real-life consequences that current immigration policies have had on thousands of gay and lesbian couples in loving, committed relationships,” said Human Rights Campaign President Joe Solmonese. “We thank Representative Nadler and Senator Leahy for their leadership to ensure that these couples are treated equally under the law. We commend Immigration Equality for their continued leadership in fighting this unjust policy.”
This inequality affects more than 36,000 gay and lesbian Americans, according to the 2000 Census and research commissioned by Immigration Equality and conducted by Gary Gates of the Williams Institute at the University of California, Los Angeles.
Audio of the call held today can be accessed at http://www.immigrationequality.org/blog/ and http://www.hrcbackstory.org.
Immigration Equality is the only national organization devoted to fighting for equal treatment under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families and to winning asylum for LGBT and HIV-positive people fleeing persecution.
The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.
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California Supreme Court to Hear Oral Arguments in Prop 8 Legal Challenge on March 5
Attorney General, Governor, and nation’s top civil rights groups agree: Invalidate Prop 8
(San Francisco, CA, February 3, 2009) The California Supreme Court announced today that it will hear oral arguments on Thursday, March 5, 2009 in the Proposition 8 legal challenge. The National Center for Lesbian Rights, Lambda Legal, and the ACLU—with support from civil rights groups, religious organizations, labor unions, and legal scholars—argue that Proposition 8 is invalid because the people of California have established strict safeguards that prohibit the underlying principles of the California Constitution from being changed by a simple majority vote. By taking away a right only from one group, Proposition 8 violates the most basic principle of our government: that all people are entitled to equal treatment under the law.
California Attorney General Jerry Brown is also asking the Court to invalidate Proposition 8 on the ground that certain fundamental rights, including the right to marry, are inalienable and can not be put up for a popular vote.
On November 10, 2008, Governor Arnold Schwarzenegger stated that he hoped the Court would overturn Proposition 8. On CNN, he said of Proposition 8’s passage, “It’s unfortunate, obviously, but it’s not the end, I think that we will again maybe undo that, if the court is willing to do that, and then move forward from there and again lead in that area.”
On November 19, 2008, the California Supreme Court agreed to hear the legal challenges to Proposition 8 and set an expedited schedule. Briefing in the case was completed on January 21, 2009.
The California Supreme Court must issue its decisions within 90 days of oral argument.
On January 15, 2009, 43 friend-of-the-court briefs urging the Court to invalidate Prop 8 were filed, arguing that Proposition 8 drastically alters the equal protection guarantee in California’s Constitution and that the rights of a minority cannot be eliminated by a simple majority vote. The supporters represent the full gamut of California’s and the nation’s civil rights organizations and legal scholars, as well as California legislators, local governments, bar associations, business interests, labor unions, and religious groups.
In May of 2008, the California Supreme Court held that laws that treat people differently based on their sexual orientation violate the equal protection clause of the California Constitution and that same-sex couples have the same fundamental right to marry as other Californians. Proposition 8 eliminated this fundamental right only for same-sex couples. No other initiative has ever successfully changed the California Constitution to take away a right only from a targeted minority group. Proposition 8 passed by a bare majority of 52 percent on November 4.
The National Center for Lesbian Rights, Lambda Legal, and the ACLU filed this challenge on November 5, representing Equality California, whose members include many same-sex couples who married between June 16 and November 4, 2008, and six same-sex couples who want to marry in California. The California Supreme Court has also agreed to hear two other challenges filed on the same day: one filed by the City and County of San Francisco (joined by Santa Clara County and the City of Los Angeles, and subsequently by Los Angeles County and other local governments); and another filed by a private attorney.
Serving as co-counsel on the case with NCLR, Lambda Legal, and the ACLU are the Law Office of David C. Codell, Munger, Tolles & Olson LLP, and Orrick, Herrington & Sutcliffe LLP.
The case is Strauss et al. v. Horton et al. (#S168047). For more information, go to: http://www.courtinfo.ca.gov/courts/supreme/highprofile/prop8.htm
EQCA works to achieve equality and secure legal protections for LGBT people. To improve the lives of LGBT Californians, EQCA sponsors legislation and coordinates efforts to ensure its passage, lobbies legislators and other policy makers, builds coalitions, develops community strength and empowers individuals and other organizations to engage in the political process. www.eqca.org
The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education. www.nclrights.org/overturn8
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. www.lambdalegal.org
The American Civil Liberties Union is America’s foremost advocate of individual rights. It fights discrimination and moves public opinion on LGBT rights through the courts, legislatures and public education. www.aclu.org
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