Mali criminalizes gay people
And an orange-and-hate-monger bites the dust.
Before we begin, Anita Bryant, who led a crusade against gays and lesbians in the 70s and 80s, tarnishing her entire legacy in the process, is dead. She is remembered largely for being a hate monger, and no one even noticed she was dead until a month later. Let this be a lesson to a certain Scottish transphobe who used to be famous for writing about a teenage wizard.
Mali: TLDR – Mali is officially a criminalizing state now.
A reader has written in to inform me that the new Penal Code passed by the ruling military junta was indeed published at the end of December last year, and it includes several articles that criminalize homosexuality. Article 325-1 criminalizes “act of unnatural sexual character performed publicly with a individual of the same sex,” with a penalty of up to two years imprisonment and fines up to 200,000 francs (~$300). Notably, this applies to males and females.
Article 325-2 criminalizes “Any act of a sexual nature contrary to morals exercised intentionally and directly on a person is an indecent assault. Also constitutes an indecent assault, any act of unnatural sexual activity committed with an individual of the same sex.
Any words, images, public or private writings, any public acts or private, of a nature to approve, encourage, promote or facilitate the indecent assault provided for in the preceding paragraph and in article 325-1 above is punishable by imprisonment for seven years and fine of 500,000 francs…”
Oddly, while this paragraph defines all gay sex as indecent assault, it doesn’t actually appear to include a penalty for the “indecent assault” committed on another person over the age of 18, in private, and without violence (subsequent paragraphs prescribe penalties for violent assaults and assaults on minors (and slaves!). But it does criminalize expression and advocacy for LGBT rights. (If I’ve misunderstood the legal French, please write in and correct me).
The code does have some positives, banning child marriage and forced marriage, but it also inserts crimes like adultery and renunciation of marriage (ie, trying to divorce your spouse).
The code makes a point of saying that it considers the term “sex” to mean “male” or “female,” not any other meaning that it has been given in other contexts (Article 312-1.3), but also includes a definition of gender that understands it as a social construct (“all relationships socially and culturally constructed which determine roles, behaviors, attitudes, rights and duties associated with men, to women, boys and girls respectively.” Article 327.1).
The code also has several articles dealing with HIV (Article 321.24-36), which prohibit discrimination against people with HIV, require that HIV tests are confidential, but also require that anyone who is HIV-positive inform their sex partners under penalty of fines or prison.
This brings the total number of criminalizing states back up to 65. It’ll likely hit 66 soon, when neighboring Burkina Faso, also run by a military junta, publishes the new code it passed last year too.
Zambia: The same reader wrote in to inform me that a constitutional challenge to Zambia’s sodomy law was filed last year. I’ll keep a watch on this one as more news develops.
As always, if you find something you think I’ve missed, please feel free to write in and let me know!
India: India’s Supreme Court refused to review its own 2023 decision denying a right to same-sex marriage during a petition meeting yesterday.
Australia: Queensland’s new conservative Liberal-National government has halted a planned expansion of the state’s children’s gender care service.
Mexico: A Tamaulipas state legislator has proposed legislation that would formally recognize diverse types of families in state law.
Canada: In case you missed it yesterday, the Washington Blade has republished my post about what PM Trudeau’s resignation means for Canada’s queers.
Meanwhile, in the States
A federal judge has thrown out President Biden’s regulation banning sexual orientation and gender identity discrimination in schools under Title IX. It’s unlikely the incoming Trump administration will appeal the decision, so this is probably the final word for now. Meanwhile, congressional Republicans are attempting to codify anti-LGBT discrimination into law, with proposed laws banning trans women from competing in sports and codifying that “sex” discrimination in Title IX refers to sex at birth only.
An anti-LGBT group is boasting that they are getting more state legislators to introduce resolutions calling on the Supreme Court to reverse the Obergfell ruling that legalized same-sex marriage nationwide. In addition to Idaho, which debated a resolution earlier this week, the group says it has confirmed plans with legislators in Iowa, North Dakota, Montana, Idaho, Kansas, and Michigan, and is in talks with legislators in Mississippi, Wyoming, Alabama, Texas, Florida, Arizona, Arkansas, New Hampshire, and West Virginia. None of these resolutions have the force of law, and it’s not guaranteed they’ll pass anywhere (particularly in Michigan, which has a Democrat majority, and New Hampshire, which legalized same-sex marriage in 2010, long before Obergfell).
US Republicans have become aware that the state department is funding support for LGBTQI people in Zimbabwe, and they’re mad as hell about it.
I should have mentioned that Sarah McBride, the first out trans member of congress, was sworn in on Jan 3.
Ohio: Republican Governor DeWine signed into law a “Don’t Say Gay” bill that also requires schools out trans students to their parents.
Pennsylvania: State Democrats have re-filed a bill to ban the gay/trans panic defense. It faces an uphill battle to get passed, as senate Republicans blocked it last session.
Gabons new constitution went into effect and it bans same-sex marriage
How come Kenya and Tunisia aren’t highlighted in red?