Courts expected to hand down LGBT rights rulings this fall across Caribbean and Africa
Long update today, which puts me in a mood to thank everyone who’s subscribed to this new Substack — knowing you’re reading this all helps keep me going. Also, a big shout out to the paid subscribers. That little monthly donation you make really makes a difference to help keep the lights on at Salerno, Inc.
Hong Kong’s legislators have begun squabbling over the impact of this week’s Court of Final Appeal ruling that the territory must provide a legal framework for same-sex couples. Some legislators are openly saying that the legislative framework must be explicitly second-class compared to heterosexual marriage, including prohibiting adoption, and ranking same-sex couples below heterosexual couples when it comes to accessing social services. Obviously, it would be simpler for the government to treat couples equally, to maintain only one queue for services, but this is the bizarre logic of homophobia, that insists on making things more complicated solely for the purposes of penalizing difference.
A new poll in Panama shows a large majority (70%) of citizens across demographic groups support securing rights for same-sex couples – oddly the survey doesn’t ask about marriage specifically. The poll also shows support for legal recognition of trans peoples’ gender identities, and opposition to political candidates using hate speech against LGBT people. The Panamanian Supreme Court recently rejected marriage equality in really terribly argued decision, and Panamanians go to the polls in May 2024.
Slovakia’s Progressive Party, running in second place ahead of national elections on Sept 30, has pledged support for LGBT rights including same-sex marriage. Whoever wins the election will likely depend on the support of however many small parties cross the electoral threshold to gain seats in Parliament, and divisions over support for Ukraine may end up being the bigger issue.
Mexico’s Supreme Court has ruled that the social security rule that limits widow’s pensions to heterosexual couples is unconstitutional discrimination.
Guyana’s major LGBT rights advocacy group has started a new campaign to promote awareness of queer people in the country and to demand that legislators repeal the colonial-era buggery laws within the next two years. Guyana is the only country in the Western hemisphere whose gay sex laws are not currently subject to a court challenge.
Since yesterday I covered the legislative LGBT rights efforts I’m tracking this fall, I may as well recap the court decisions we’re expecting in the next few months.
We’re still awaiting decisions in a number of cases that are seeking to decriminalize homosexuality across the Caribbean – specifically in Dominica, Grenada, St. Lucia, and St Vincent and the Grenadines. Another trial in Jamaica still has a number of procedural hurdles before the case is even heard.
In Africa, decisions are also expected in court challenges to sodomy laws in Malawi, Namibia, and Mauritius.
We’re also expecting an imminent decision from the Supreme Court of India on same-sex marriage. In nearby Nepal, the Supreme Court may have to issue a final decision on same-sex marriage as well, to clear up confusion that has blocked the implementation of the ruling from earlier this year that legalized it.
Back in the Caribbean, the Court of Cassation for the Kingdom of the Netherlands is expected to eventually hear an appeal from Aruba and Curacao against the ruling that ordered both islands (and possibly Sint Maarten) to legalize same-sex marriage.
It is also expected that the UK Virgin Islands will pass legislation to hold a referendum on same-sex marriage and civil unions. No date has yet been announced for the planned referendum, but a simultaneous court challenge is seeking to have it legalized in the territory.
Some other bills I forgot to mention I’m tracking yesterday: Thailand’s new government has pledged to bring in equal marriage, though no bill has yet been introduced, so there’s no clear timeline ahead. There are also conversion therapy ban bills awaiting final votes in Mexico and Colombia.