South Korea Supreme Court says yes to same-sex health benefits
Lithuania's civil union bill is dead again... for now
For the Los Angeles Blade, I took a look at the Emmy nominations that were announced on Wednesday to highlight all the LGBTQ creators and shows that were nominated.
South Korea: The Supreme Court has upheld a lower court ruling from last year that granted same-sex couples equal access to benefits through the National Health Insurance Service. This is a landmark, as it’s the only real recognition of same-sex couples in law in South Korea at all, and some predict this could pave the way for some form of actual legal recognition – be it marriage or civil unions. After all, the same discrimination argument would apply to a host of other benefits of relationship recognition, no? And you’d expect that there’d need to be some form of documentation of the relationship to acquire the benefits, no?
This should be the end of the line for this case, but there is a slim possibility that the Constitutional Court (a co-equal top court that is routinely at odds with the Supreme Court) steps in to overturn or challenge the ruling. That happened last year, when the Constitutional Court upheld the military’s sodomy ban after the Supreme Court overturned it the previous year.
Lithuania: A final gasp to pass the civil union bill before the October elections died yesterday. The ruling coalition had apparently agreed to pass the bill on the final scheduled day of Parliament’s sitting on Thursday, but the opposition parties that previously supported the bill announced they would boycott the vote – thereby denying the majority of votes needed. In response, the government pulled the bill from the schedule rather than see it fail. The cynical move is being pitched as denying the governing parties from settling their internal dispute over civil unions and appointment of a European Commissioner. Polls suggest the left-leaning parties will claim a big victory in October, so it’s possible the bill gets a smoother ride when parliament reconvenes.
Meanwhile, anti-LGBT protesters met outside parliament and burned a rainbow flag. Police are investigating an incitement to hatred charge.
Poland: Negotiations are still ongoing for the government’s civil union bill – now expected to be passed in the fall, although the coalition’s most right-wing group is now planning to propose its own watered-down bill. Meanwhile, this report mentions for the first time I’ve seen that the Ministry of Justice is working on regulations to recognize foreign same-sex unions, including marriages, even before the civil union bill is passed.
UK: The new Labour government kicked off its session of Parliament with the King’s Speech – a UK tradition where the monarch reads a speech prepared by the government laying out the bills it plans to introduce over the next year or so – which included a reference to bringing forward a comprehensive, trans-inclusive ban on conversion therapy.
Lord only knows how this squares with the government’s plan to restrict access to gender care for minors.
Spain: The Constitutional Court has blocked an anti-LGBT law passed by the far-right government of the Madrid Community, which stripped a number of legal protections from LGBT people, citing constitutional, discriminatory, and jurisdictional issues. The local government had stripped legal recognition of trans youth, trans self-determination, allowed anti-LGBT discrimination, and authorized conversion therapy. However, national laws currently protect LGBT people in all these fields.
Ghana: The Supreme Court has indefinitely deferred its ruling on the draconian anti-LGBT bill passed by Parliament earlier this year. Activists are hoping the court blocks President Akufo-Addo from signing it into law, but this deferral seems designed to punt any decision until after the presidential election in December. Akufo-Addo is termed out, and it’s unlikely any candidate would emerge to challenge the law, but at least this avoids the spectacle of candidates campaigning it.
Dominican Republic: Parliament is expected to pass the new draft Criminal Code within days. Activists have been upset that the new code maintains the prohibition on abortion, and a new section that exempts the Church from criminal liability, which may leave victims of Church sexual abuse or other crimes with no recourse.
Meanwhile, in the States…
The Biden administration’s mass pardon and record upgrade of soldiers convicted under military sodomy laws prior to their repeal in 2013 is proving to be less generous than it first seemed. It turns out the pardon only extends to those convicted of sodomy in a court martial, which was actually pretty rare – most soldiers were simply given quiet dishonorable discharges in exchange for admitting guilt to sodomy, which doesn’t qualify for the pardon. Or they were convicted for other crimes instead of or in addition to sodomy, like indecent acts or conduct unbecoming, which also don’t qualify for the discharge.
This has resulted in mass confusion and disappointment. Biden should probably direct DoD to generate a list of everyone that should be pardoned under a wider array of conditions, and then pardon those individuals directly, rather than this rather unclear and confusing morass he’s created. And he should do it quick, because time is running out on this administration, and more importantly, running out for many veterans who’ve suffered long enough.
Massachusetts: Just here to point out that time is running out for the General Assembly to pass the sodomy decriminalization bill and the equal parenting bill, which are stuck in the Ways and Means Committees of the house and senate respectively, each having passed the opposite house.
The General Assembly sits until July 31 but will also meet again after the election for a lame-duck session, during which these bills could still be passed. If they’re not passed by the end of the year, the process will start again with the new Assembly.