Courts say Japan's ban on same-sex marriage "unconstitutional"

Plus, marriage bill advances in Thailand

Japan: It was a big day in Japan, as the Tokyo District Court and the Sapporo High Court (the appellate-level court) both ruled that the ban on same-sex marriage is unconstitutional. I’ll have more in the Los Angeles Blade shortly.

Thailand: The equal marriage bill cleared a lower house committee today and is expected to be brought back to a final vote of the full house on March 27. After that, it will need to clear the senate, which could take up to the end of 2024. I’ll have more in the Los Angeles Blade shortly. It’s likely to be in a race with Liechtenstein to see which will be the 38th and 39th countries to legalize same-sex marriage.

Nepal: The Supreme Court was meant to hear the same-sex marriage case today, but I haven’t been able to find any news on it.

Turks and Caicos Island: The full ruling on last month’s same-sex marriage case has been released. The TL;DR is that the judge (wrongly, IMHO) affirms that the TCI Constitution bans same-sex marriage, but that the refusal to grant a residency permit to a same-sex couple is unconstitutionally discriminatory anyway. The ruling doesn’t expressly order the government to change its immigration regulations, but this should set a precedent. The judge also notes that TCI is likely required under the European Convention on Human Rights to create a legal status for same-sex couples like civil unions, and says that a future challenge seeking that is likely to be successful.

I haven’t read the plaintiffs’ submission, but the judge is very dismissive of most of the arguments their lawyer made, and based on the excerpts, it’s somewhat understandable. The plaintiffs declined to argue for a right to marriage (because they were already married under US law), and didn’t seem to be asking for an equivalent status like civil union (which the judge implies would have been successful!). A timid and confusing legal strategy and bad set of arguments seemed to have held this case back. The plaintiffs have said they will appeal, but I don’t think they’ll be allowed to change what they’re asking for, so I’m not sure what the point would be.

Lithuania: Parliament voted to remove the civil union bill and ratification of the Istanbul Convention on Domestic Violence, from the spring session schedule. Parliament may add it back to the schedule – and one MP says he will try next week – but this seems to be a clear indication that the bill is dead unless fall elections return a more progressive legislature.

Brazil: The Supreme Court has ruled that same-sex couples should have equal access to parental leave; that is, the non-pregnant mother in a same-sex couple may take maternity leave on an equivalent basis to paternity leave.

Finland: The Lutheran Church, Finland’s largest denomination, is poised to approve a parallel form of marriage for same-sex couples. The Church is expected to make a final decision on the proposal at its general synod in May.

Mexico: One of the last municipalities in Chiapas which refused to marry same-sex couples despite a 2017 Supreme Court order has given up the fight and begun marrying same-sex couples. Chiapas is one of five Mexican states that has not yet updated its civil code to provide for same-sex marriage (the others are Chihuahua, Aguascalientes, Guanajuato, and the State of Mexico), even though it is legally performed in all states.

Meanwhile, in the States…

😐Michigan: The state senate committee on the judiciary was supposed to hold a hearing today on the bills to update surrogacy laws and ban the “gay panic” defense, but the meeting was cancelled. Presumably this goes on to next week’s agenda, but it hasn’t been posted yet.

😡Tennessee: A bill to bar the Department of Child Services from requiring foster and adoptive parents to affirm a child’s LGBT identity is headed for final votes in the state house next Thursday, and in the senate at a date to be determined.

😡Alabama: The legislator behind a proposed bill to expand the state’s “Don’t Say Gay” law to cover all classes through high school says he will amend the bill to include the state’s “Space Camp,” after a bigoted parent complained that one of the camp’s instructors is trans. The bigot parent sparked a torrent of more bigotry from Republican legislators and members of congress, and here we are.

😡Nebraska: The Republican governor signed into law new regulations forcing trans youth to take five months of conversion therapy before they can access gender care.

🙌Maine: The state legislature has officially passed a bill to join the National Popular Vote Interstate Compact. It awaits the governor’s signature.

🙌Washington: Governor Inslee has signed a bill expanding the state’s hate crime law to include destruction or desecration of property.