Everything listed under: law

  • Travelling While Trans: New Cdn Air Travel Regulations Over Gender/Appearance

     

    Seriously? This article over at HuffPost is a must read. I am still shocked at the myopic view that our society has concerning gender.....and how stressful it must be to "travel while Trans".

  • A Sobering Reminder in Nevada

     

    Millions of Americans (in certain U.S. states) can still be fired simply for being gay or transgender.

    The relatively new and very direct-action group GetEQUAL took to the usually non-politically orientated city of Nevada to protest Senator Harry Reid (Democrat and Senate Majority Leader). Reid had promised on a few prior occasions to bring the Employment Non Discrimination Act to a vote in the Senate, but has since not come through with his promise. Now, to be sure, Reid is a very progressive politician and a friend to the queer community. So, for him to be so publicly protested says something. With U.S. mid-term elections coming up in November and a possible change in the makeup of both House and Senate, GetEQUAL is concerned. With a visible lack in leadership (or serious lobbying effort)  from some of the big U.S. national queer groups, they feel direct action is required to bring awareness to the issue and essentially to ask that the politicians keep their promises. Again, this is for basic civil liberties (ie. no one can fire them just for being queer). Astounding. Here is a map of the current laws with respect to sexual orientation and gender identity in the U.S.

    Quebec outlawed discrimination based on sexual orientation in 1977 in both public and private affairs becoming the first jurisdiction (larger than a city or county) in the world to do so. The same year the Canadian Immigration Act was amended to remove the ban on "homosexual men" as immigrants. When our Constitution was repatriated in 1982 the Canadian Charter of Rights and Freedoms was added. While it did not explicitly list sexual orientation under the equality clause (Section 15) it was meant to allow the Courts to decide the grounds with which to include (wouldn't it have been easier to just add those 18 letters then?) And in 1995, the Supreme Court of Canada finally did rule that "sexual orientation" should be read into Section 15 (duh?).

    The U.S. has seriously fallen behind the world in regards to providing all its citizens with basic civil liberties. Argentina has also recently added itself to the growing list of countries which allow both lesbians and gays to enter into government recognized marriages. For a list of global progress on the marriage front:

  • M-8: Iceland approves gay marriage

     

    Reuters reported that on Friday, Iceland's parliament voted 49-0 approving gay marriage. Iceland now joins Canada, Belgium, Sweden, South Africa, the Netherlands, Spain and most recently, Portugal (the Marriage-8, or M-8). This includes only states which have enacted national same-sex marriage laws.

    Iceland has always been a very progressive nation. It decriminalized homosexuality in the 1940's, widened it's registered partnership law to include same-sex partners in 1996, and gave same-sex couples the same parenting rights/responsibilities and adoption rights as straight couples in 2006. Oh, and did I mention they were the first state to elect an openly queer head of state (of the modern era) when hugely popular and long-time politician Johanna "My Time will Come" Sigurdardottir was elected prime minister by her newly formed party in 2009. Also in evidence is the ease with which the bill passed --- no major opposition, even from religious groups? no votes cast against?

    The decision by Parliament also stops the government from registering civil relationships all together. The only recognized institution will be marriage --- for both opposite and same sex couples. It also states: "ministers will always be free to perform (gay) marriage ceremonies, but never obliged to." That probably partly explains the lack of religious objections ---- though similar clauses in other state's proposed legislation haven't stopped mainstream religious groups from creating fake panic over this particular issue. Iceland's Protestant church is in the process of deliberating on the new legislation. 91 of the 125 attendees of the national synod supported the bill, but the minority against forced it through more 'regulatory' hoops (another committee). Deliberations are still in progress, but it is now a bit of a moot point as the bill passed without their endorsment. But 91 is an impressive number!

    So, the M-8 has become the M-9. Any guesses on when it becomes the M-195?

  • The Silent 'T': Malawi 'gay' couple facing 14 year's imprisonment

     

    by B.J. Caldwell, Qlinks contributor

    I have read many reports over the past few months about the gay couple in Malawi facing trial and imprisonment essentially for being gay ("unnatural acts"). Steven Monjeza and Tiwonge Chimbalanga have just received a sentence of 14 years hard-labour prompting another round of international 'outcry' (which in my opinion needs to be a little louder and a lot more effective...) against the criminalization of sexual orientation and gender identity.

    What you may not have heard is that Tiwonge Chimbalanga identifies as trans (female). The media-- including the gay media-- has mainly been reporting on them as a 'gay couple' because that is how they are referred to and treated by the courts (as in many places, the law looks at genitals, not the actual gender identity of it's citizens). And perhaps why this story gained initial traction in the media (stories where the people involved are trans or intersex don't often get picked up/reported). GenderDynamiX, in South Africa, is a Human Rights organisation promoting freedom of expression of Gender identity and advocating for the rights of Transgender, transsexual and Gender Non-Conforming people have released a media statement:

    According to Ian Swartz from OSISA (Open Society Institute of Southern Africa) Tiwonge Chimbalanga sees herself as a woman. "Tiwonge so clearly identifies as a woman and she has expressed her identity as such more often than not. I think if she knew the word Transgender she would come home to a world of understanding of herself" he said recently after visiting the couple in prison. A local activist who calls her "Aunty Tiwo" visited her too and to him she said: "I am just a woman who loves my man. I'd rather remain in prison than to be released into a world where I am kept away from Steven"

    "Even though the identities of Tiwonge and Steven are misunderstood by the world we stand together with gay and lesbian activists in their work to try and get justice for our trans sister and her partner." Says Tebogo Nkoana outreach officer at Gender DynamiX.

     Autumn Sandeen over at Pamshouseblend had this to say, and I concur:

    The Malawian couple has been charged and sentenced in relationship to having a homosexual relationship. The LGBT legacy and new media has picked up on the 14-year sentence based on the couple's relationship being declared homosexual by the judge who sentenced the couple. And let's be honest with ourselves -- I believe we can safely say that from past coverage by the LGBT press and LGBT blogosphere that this story would not have gained as much traction in LGBT media if this were considered a transgender or intersex story.
    And, that's sad. Transphobia and homophobia both arise from the same root -- that root has to do a lot with lesbian, gay, bisexual, transgender, intersex, and queer people not conforming with societal sex and gender norms...Especially societal sex and gender norms for those considered to be male. And, that root has a lot to do with misogyny.
    But, the erasing of the woman in this story's intersex, transgender, and/or transsexual history from this story says a lot about the lesbian, gay, bisexual, and transgender (LGBT) community and its media
    As an LGBT community, we should be standing in solidarity in support of this couple -- whether or not this couple are a pair of gay males or a transgender (or intersex) woman and a heterosexual (or bisexual) male.
    Visibility matters. Telling LGBT and intersex stories as the stories these are instead of by a standard gay narrative matters -- We need to work harder to not change trans and intersex stories to gay stories.
    Perhaps even better: tell the stories in the context of people within the broader LGBT community.
    And, as one LGBT community standing in solidarity against both homophobia and transphobia -- as well as one LGBT community standing in solidarity standing against as misogyny, racism, abeleism, and other identity community expressions of hate -- well, that should really matter too.

     

     Too often in news and other venues, the 'T' remains silent (or is kept silent). Either we don't hear the stories at all, or we receive them distorted through the lens of the media's limited understanding of gender and sexual orientation, and many gay media's limited understanding of gender.

    For a great argument as to why this is important check this out:

    Once Again the T in LGBT is Silenced (The Guardian)

     

  • New Campaign to Help Repeal the "Don't Ask, Don't Tell" policy in the U.S. Military

    Every day, the Servicemembers Legal Defence Network is forwarding a letter to Barack Obama from an enlisted or former enlisted armed forces member about their experiences under "Don't Ask, Don't Tell". In the U.S., the repeal is as close as it has ever been to being successfully repealed since its inception and shows huge public favour (even among Republicans) yet the White House (Barack Obama)  is seen as stalling the repeal. To find more out about the campaign and to read the letters, visit their website. But here is the most recent letter. I have included it in it's entirety.  Written by an active duty military chaplain who just returned from Iraq. I hope someone at the White House is reading these letters.

    April 29, 2010

    Dear Mr. President,


    As an active-duty military chaplain who just returned from a 15-month deployment in Iraq, this is my appeal for justice:

    Over the years some of us have buried our closest friends -- officers and enlisted, African American, Latinos, Native Americans, Asians, Whites, rich, poor, Protestants, Catholics, Muslims and Jews. They had the courage to make the supreme sacrifice in order for us to reap the bounties of freedom. We owe them a debt of gratitude which can never be repaid.

    What is remarkable about these Marines, Soldiers, Sailors, Airmen and Coastguardsmen is they understood the personal risk when they answered the highest calling of our nation. What could be a nobler act then to give one’s life to one’s country, knowing that in their lives many freedoms would be denied them?And when their story is told a significant piece of their life would be missing.

    As they sleep under the crosses, the stars of David and the crescents there is no bigotry. There is no prejudice. There is no hatred. And within the sacred confines of their resting place there is no law of “Don’t Ask Don’t Tell.” There is only purest democracy.When the final cross has been placed in the last cemetery, will it only be then that we as a nation acknowledge our gay brothers and sisters who took the risks of life and truth to answer their nation’s highest calling? How many of these brave men and women lie in military graves and still hide in death?

    They are among the unknown soldiers.

    There are only a few who know the truth of those who lie in these graves. There are only a few who know the suffering and sorrow of those who mourn them in silence and fear. The nation remains silent and owes no allegiance to who they truly were nor does it honor their loved ones. What does that say of our sacred values?

    If one gay person was killed in defense of America, issues such as the destruction of unit morale or the fear of people not wanting to join the military devalue their sacrifice. This is not about appeasing the uncomfortable feelings of a minority; this is a universal and transcendent matter of justice. America was built on the common Jewish and Christian heritage of justice when the Bible commands: “Justice, justice you shall pursue” (Deuteronomy 16:20).

    It is easy for those who do not live in fear of being ‘outed’ to say: ‘We must wait and examine this law further.’ But when you have to watch what you say, where you go, and who you talk to, this erodes the human person. When you live in fear that the wrong pronoun slips through your lips, or a co-worker see you in public with your life long partner and you respond ‘this is just a friend’, this degrades your human self worth.

    Gays and lesbians wait not for justice, for them justice is denied, but they wait for the ‘knock on the door.’ They are haunted daily waiting ‘to be found out.’

    We went to foreign lands to wage war to liberate people so they would not have to live in the fear of waiting. But citizens of our own land who served nobly, who died to secure freedoms which they would never profit from, must live in fear waiting for justice.

    "Don’t Ask, Don’t Tell" is an unjust law. It degrades the human soul because it forces those who willingly serve to live in shameful humiliation because of deceit and fear. It undermines the very principles and values of what it means to be an American. Living the façade of a life goes against the Core Values of every Armed Service. How much longer is justice going to be denied? There comes a time when despair and fear must end.

    Mr. President, we depend on your sense of justice and fairness to help end this gross injustice so we, as a nation, do not have to wait for the final marker to be placed in the last cemetery.

    We ask you to lead the way in repealing this unjust law and replace it with a policy of non-discrimination that advances open and honest service. A law that is consistent with true American values and honors the sacrifices of so many who have served – and died -- in silence.

    With deepest respect,

    A military chaplain

    (The writer is currently serving and unable to identify himself publicly.)

    And in an ugly display of religious bigotry, 40 retired military chaplains write letter against DADT repeal, via Politico.

    Servicemembers Legal Defense Network executive director Aubrey Sarvis has a piece in Roll Call on how Obama can get himself out of the box he's put himself in regarding a repeal timeline. Writes Sarvis:

    "The House and Senate armed services committees are less than 30 days from voting on the defense bill. DADT originated in those two committees 17 years ago, and that is where the matter should be addressed now. The big votes on the defense bill are likely to come in late May and early summer, several months before those Pentagon recommendations are due on Capitol Hill. How does the president keep faith with Mullen and Gates on the very process he set up and, at the same time, ask key Senators and House Members to support him in repealing this discriminatory federal law? That is the president’s moral and political dilemma. The immediate challenge is reconciling the timeline to ensure that the findings and implementation recommendations of the Pentagon Working Group are received and considered in an expeditious manner by both committees. This should be spelled out in the repeal legislation now before the committees."




  • Alberta passes law: Parents can remove children from class if sexual orientation is discussed!

    In a bill, passed by the Alberta legislature, intended to enshrine gay rights in the Alberta Human Rights Code (Bill 44), a buried clause is causing controversy (and rightly so). Bill 44 was passed on Monday June 1, 2009 after a 7 hour debate that ended in the early morning. CBC reports:

    A clause in the bill, which is an amendment to the province's human rights legislation, requires that school boards give parents written notice when controversial topics [sex, religion, or sexual orientation] are going to be covered in the curriculum. Parents can then ask for their child to be excluded from the discussion.

    There will be no restrictions placed on casual classroom discussions that might arise about the topics....

    But the buried clause had drawn objections from teachers, schools boards and human rights groups, who argued Bill 44 makes it possible for parents to file human rights complaints against teachers and school districts, creating a chill with regard to what is taught in the classroom.

    Another direct Conservative attack on LGBTQ youth and their allies. What will this law do? Put up another barrier to discussing LGBTQ issues (as well as other topics) in the classroom and further marginalize Alberta's queer youth. This is a really embarassing move by the governing party in Alberta. It just goes to show you how off-base they really are.