Landmark Ruling on LGBT Rights From IACHR

Word comes from Rex Wockner of a landmark ruling from the Inter-American Court of Human Rights (El Corte Interamericana de Derechos Humanos) or IACHR that declares that sexual orientation and gender identity are protected categories under the American Convention on Human Rights.

The New York Times has a useful, short summary of the details of the case involved:

The Inter-American Court of Human Rights ruled that must pay damages to a judge who was denied custody of her three daughters by the Supreme Court in 2004 because of her sexual orientation. The ruling by the human rights court, a judicial entity of the Organization of American States, requires Chile’s government to pay the judge, Karen Atala, left, $50,000, in addition to $12,000 in court costs. The February ruling, which was made public on Wednesday in Chile, is the latest development in a multiyear legal battle waged by Judge Atala, a lesbian who had lost custody of her daughters to her ex-husband, also a judge. Judge Atala’s lawyer called the decision “historic” for Chile’s legal system. Justice Minister Teodoro Ribera said Wednesday that Chilean authorities had acted to protect the “superior interests of the children involved,” but he also said Chile would respect the ruling. 

The International Gay and Lesbian Human Rights Commission was also involved with the case, and submitted a legal brief on behalf of Atala. Their website has an excellent summary of the significance of the ruling.

The Court’s landmark ruling found that Chile not only violated Atala’s right to equality and non-discrimination but affirms for the first time in its history that sexual orientation and gender identity are protected categories and such discrimination violates international law. It represents a historic victory for lesbian, gay, bisexual and transgender (LGBT) rights in Chile and around the world.

The International Gay and Lesbian Human Rights Commission (IGLHRC), MADRE and the City University of New York (CUNY) School of Law co-authored a brief (English, Español) for the Court, arguing that sexual orientation and gender identity should be found to be a protected class under the American Convention on Human Rights as held under international law. Attorneys from Morrison and Foerster focused on the custody issue at hand, arguing that sexual orientation and gender identity not be a factor in custody determinations. The brief was joined by 13 other organizations. This week’s ruling upholds both arguments.

“Though Karen Atala and her daughters can never regain the time they have lost together because of the destructive impact of homophobia, today the Inter-American Court has vindicated the legitimacy of their family,” said Jessica Stern, Director of Programs at IGLHRC. “The Court has set a transformative precedent to which every signatory to the Inter-American Convention – 24 countries throughout the Americas – is bound. Based on both American regional standards and international jurisprudence, the Court has ruled that LGBT people must live free from discrimination, whether as parents or in any other aspect of their lives.”

Lisa Davis, Human Rights Advocacy Director at MADRE and Clinical Professor for Law for the International Women’s Human Rights Clinic at CUNY Law School said today, “The Court’s ruling is a milestone victory for human rights advocates the world over. It sets a precedent in international law that discrimination on the basis of sexual orientation is a human rights violation—one that we hope will help defend the rights of LGBT persons wherever these rights are under attack.”

This is great news!

Denmark PM Sets Date Marriage Equality Legalized

Excellent news! As I blogged about last October, the Government of Denmark has announced that it will be enacting marriage equality in the near future, and today comes word that the date will be June 15th, 2012.

At her weekly press conference, Tuesday, Prime Minister Helle Thorning-Schmidt said the government is putting the finishing touches to a bill that will come into force on June 15th, allowing homosexuals and lesbians to walk down the aisle in the church of their choice – if they can find a priest who’s willing to conduct the ceremony.

“It will always be up to the individual priest as to whether he or she is prepared to bless gay couples but this legislation provides homosexuals with the same rights as heterosexuals,” said the PM.

Way back in 1989, Denmark was the very first country in the world to have state-sponsored recognition of same-sex couples when they enacted registered partnerships, which was essentially what we would now call civil unions or comprehensive domestic partnerships. Now, there are well over a half-dozen countries which have full marriage equality, led by the Netherlands in 2000 and followed by Canada, Argentina, South Africa, Spain, Portugal, Belgium, Sweden and Norway.

Denmark is a European country of 5.5 million people, about the size of Minnesota or Wisconsin. When Maryland and Washington defend their marriage equality laws at the ballot box later this year, even more people (5.8 million and 6.8 million, respectively) will gain access to marriage equality.

Hat/tip to Joe.My.God

Nadal Leads Spain To 2011 Davis Cup Victory

From left to right: Fernando Verdasco, Feliciano Lopez, David Ferrer, Rafael Nadal,
Marcos Granollers and Spain's Davis Cup Captain Albert Costa. (AFP Photo/Cristina Quicler)

Yesterday World #2 Rafael Nadal powered his country of Spain to a 3-1 win in the Davis Cup final for the third time in his career, 5th time overall for Spain. Nadal whipped Juan Monaco on Argentina 6-1 6-1 6-2 and then came back from a set down to close out the tie by defeating Juan Martin del Potro 1-6 6-4 6-1 7-6(0) on clay in Seville, Spain. World #5 David Ferrer also contributed to his country's victory by outlasting del Potro in a gruelling 6-2, 6-7(2), 3-6, 6-4, 6-3 five-set win.

Nadal had helped Spain win the 2004 Davis Cup over the United States in 2004 (as a teenager) and in 2008 over Argentina. Argentina becomes the first country to reach the final tie four times without a victory. The 6-time Roland Garros champion is not known as "The King of Clay" for nothing; despite suffering his most lopsided loss of a set on the surface in years, Nadal was able to devise a solution to the hard-hitting, 6'6" Argentinian and maintain his incredible record of only 7 clay court losses in professional play in his career. Beating Spain on clay, with Nadal, Ferrer, Verdasco, Lopez and the rest of "the Spanish Armada" is an almost impossible proposition for any country, as Spain proved once again on Sunday. Their only loss of a point in the match-up with Argentina was when David Nalbandian and Eduardo Schwank were able to defeat the doubles team of Lopez and Verdasco (hubba hubba!)

Djokovic's Body Fails Him

In last week's Davis Cup matches, World #1 Novak Djokovic was unable to carry his team to victory, unlike last year. Djokovic retired from Serbia's semi-final tie with Argentina, allowing the South American country to reach another Davis Cup final. It should be interesting to see if the difference in results will have an impact on Djokovic's 2012 (or perhaps even the rest of 2011).

Argentina's Juan Martin del Potro was his country's Davis Cup hero, and they will face the indomitable Spain in the final tie in December which will of course be on red dirt in Spain, presumably Madrid. World #2 Rafael Nadal, who Djokovic has beaten in 6 very important finals this year so far, was devastatingly effective against Jo-Wilfried Tsonga and Richard Gasquet, serving up a bagel set in each of his straight set thrashings of the French players.

World #3 Roger Federer boarded a plane to Australia a mere hours after his heart-wrenching loss to Djokovic in the U.S. Open semifinals (up two match points for the second consecutive year) and to try and get Switzerland back into the Davis Cup World Group (and confirm his eligibility for next year's London Olympics. Switzerland was able to win their tie 3-2 with Federer contributing wins over Bernard Tomic and Lleyton Hewit and then teaming up with Stanislas Wawrinka to lose a tight doubles match against Hewitt and Chris Guccione. Wawrinka became the star for the Swiss team when he won a 5-set match against Hewitt 6-3 (after the match was suspended for darkness at 5-3!) to clinch the win for the Swiss and eliminate the Australians.

It will be interesting to see what impact, if any, these Davis Cup results have on the 2012 Grand Slam results (and the 2012 London Olympics).

WATCH: Amazing Transgender Rights Ad From Argentina

Chilean President Offers Civil Unions Bill

Great news from South America. The President of Chile, Sebastián Piñera, has introduced legislation to legalize same-sex civil unions.

AFP reports:

"All forms of marriage deserve respect, dignity and the support of the state," said President Sebastian Pinera, who signed the proposal and sent it to Congress.

"This puts opposite-sex and same-sex couples on the same footing, because in both cases it is possible to develop love, affection and respect."

Pinera, who brought conservatives to power after 20 years of center-left rule in the country, grated on his own election campaign when he announced his intention to legalize civil unions for gay couples. He said two million people in Chile live together without marrying.

But the president has repeatedly stressed his opposition to gay marriage.

"I deeply believe that marriage is by nature between a man and a woman, but that conviction does not prevent me from recognizing that other forms of affective relationships exist," he said.

The law would permit gay couples who join into a civil union to have access to inheritance and other social benefits.

Chile is reportedly 80% Catholic and did not legalize divorce until 2004(!). However, Argentina is next door and legalized marriage equality for same-sex coupes in July 2010.