LGBTQ news from Asia, Canada, and Europe

Japan

The Tokyo High Court has ruled that the ban on same-sex marriage is unconstitutional, upholding a lower court’s decision. This is the second high court decision upholding same-sex marriage after the Sapporo High Court reached a similar conclusion earlier this year, with more high court decisions expected in the coming months. It is expected that

According to the ruling, the court found that laws restricting marriage to opposite-sex couples are “not based on a rational basis” and result in “discriminatory treatment[of people]on the basis of sexual orientation.”

Although this ruling does not immediately create the right to same-sex marriage in Japan, it will put pressure on the government to correct the unconstitutionality. These cases are likely to reach the Supreme Court next year.

Same-sex marriage is currently not legal anywhere in Japan, and the government has long maintained that Article 24 of the postwar constitution excludes same-sex marriage. Article 24 states that “Marriage is based solely on the consent of both sexes and must be maintained by mutual cooperation on the basis of the equal rights of husband and wife.”

However, supporters of equal marriage argue that Article 24 is not intended to address same-sex marriage, but rather to assert an individual’s right to marry the person of their choice rather than traditional arranged marriages. It is pointed out that the purpose is

With a series of recent court victories, equal rights for same-sex couples are gradually being recognized in Japan. Five lower courts have ruled that the ban on same-sex marriage is unconstitutional, but only one lower court has found the same-sex marriage ban to be constitutional.

Earlier this year, the Supreme Court ruled that same-sex couples are entitled to survivor benefits for crime victims.

Additionally, 450 of Japan’s 47 prefectures and 30 municipalities have established partnership registration systems for same-sex couples. Although these registries have little legal enforcement, they help couples access local services and have demonstrated growing awareness of the rights of same-sex couples.

This week’s high court ruling comes at a time of political flux in Japan. In last week’s parliamentary election, the ruling Liberal Democratic Party lost its majority, while the opposition Constitutional Democratic Party, which supports same-sex marriage, gained a large number of seats.

Anglo-Japanese politics A small minority of newly elected MPs have expressed support for same-sex marriage, but the new parliamentary dynamics move forward for the Liberal Democratic Party, which hopes to remain in power with the support of smaller conservative parties. It is reported that this can be difficult. controversial issue.

Canada

The Alberta government, led by United Conservative Party Premier Daniel Smith, introduced four anti-LGBTQ and anti-transgender bills last week, sparking protests in the capital Edmonton and the province’s largest city, Calgary.

Smith originally announced the bill in February amid general hysteria over transgender youth and school inclusion policies that swept Conservative parties across Canada.

The four bills would ban gender care for transgender youth, require parental notification and consent if trans students want to use a different name or pronouns at school, and require trans women to participate in sports at school or college. Prohibit parents from doing so, and require parental notification and “choice.” “in” if sexual orientation, gender identity, or human sexuality is discussed in the classroom.

Opponents have criticized Smith for the bill, which critics say was timed to help Smith with a leadership review this weekend. At the UCP convention in Red Deer on Saturday, Smith’s leadership was endorsed by more than 91 percent of the vote.

More than 1,000 people gathered at Calgary City Hall on Saturday to demonstrate not only against the bill, but also against the UCP’s priorities in Alberta, and hundreds more gathered outside provincial parliament in Edmonton.

Rowan Morris, organizer of Trans Rights YEG, said: told the Edmonton Journal He said the bill had galvanized opposition across the political spectrum and recalled converts with conservative supporters.

“[She said]”My whole family is here, we’re all Conservatives, we’ll all remain Conservatives for the rest of our lives, but we believe that bodily autonomy is for all Albertans. We recognize that it’s a freedom that needs to be protected.”Whether we agree with how you live your life or not, the government is involved in your personal medical decisions with your doctor. There’s no room,” Morris said.

Since the UCP has a majority in the state legislature, there is little chance that the bill will not pass. Voters will next go to the polls in Alberta in October 2027.

Canadian voters had a chance to weigh in on anti-trans policies this year, with mixed results. In Manitoba and New Brunswick, voters stripped the government of Conservative parties after they introduced or announced anti-trans policies, while in British Columbia, the opposition Conservative Party announced several similar anti-trans policies. After that, voters kept the ruling New Democratic Party in power.

Saskatchewan voters last month returned to power a Conservative government that introduced a parental notification and consent policy that violates the Canadian Charter of Rights and, if re-elected, would ban trans students from accessing school locker rooms and toilets. promised to introduce it.

Germany

The Gender Self-Determination Act came into force on Friday, marking a historic step forward for transgender rights in Germany.

Under the new law, anyone will be able to change their legal name and gender with a simple application at their local registry office.

The new law replaces the Transsexual Persons Act, enacted in the early 1980s, which required people who wanted to change their legal gender to submit to two psychological evaluations and then obtain permission from a judge. Ta.

The law allows minors to change their name and gender. Children under the age of 14 can be processed by their parents, and children over the age of 14 can be processed with their parents’ permission. Youth must also provide a declaration that they have sought advice from a psychologist or youth welfare professional.

The law also includes new protections that make it a criminal offense for transgender people to leave their homes without their consent.

Gender self-determination is increasingly becoming the norm in Western European countries. Belgium, Luxembourg, France, Spain, Portugal, Malta, Greece, Ireland, Norway, Iceland and Denmark have introduced similar legislation in recent years. Additionally, Argentina, Brazil, Chile, Colombia, Costa Rica, Uruguay, India, Pakistan, and several states and provinces in Canada, the United States, and Mexico recognize gender self-determination.

Switzerland

Switzerland’s canton of Vaud has become the latest European country to ban so-called conversion therapy, as a bill to ban discredited practices that attempt to change a person’s sexual orientation or gender identity is stalled in the Bundestag. It became a place.

Vaud is the third of Switzerland’s 26 cantons to ban conversion therapy, following Neuchâtel in December last year and Valais earlier this year. Vaud is Switzerland’s third largest canton, with a population of over 800,000 people.

The lower house of the Swiss parliament passed a motion in 2022 calling on the government to introduce a ban on conversion therapy, but the motion was rejected by the upper house earlier this year. Lawmakers at the time said they wanted to wait for more information from Congress, which is expected to report on conversion therapy in the summer.

Meanwhile, several other Swiss cantons, including Geneva, Bern and Zurich, have begun discussing local bans on conversion therapy.

Although doctors and therapists are already prohibited from practicing conversion therapy in Switzerland by professional bodies, much conversion therapy is carried out by unqualified individuals.

Conversion therapy is already banned in many parts of Western Europe, including France, Germany, Norway, Belgium, Spain, Portugal, Malta, Greece, Cyprus and Iceland. It is also banned in Mexico, Ecuador, New Zealand, Canada, Taiwan, and many states in the United States and Australia.