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!

India Gov't Accepts Sodomy Legalization Ruling

The long strange story of India's sodomy law appears to be coming to a close with the demise of the colonial-era prohibition on gay male sexual acts appearing to be nigh. Today the Government of India clarified that it supports the previous decision by the Delhi High Court to decriminalize sodomy, despite a declaration before the Supreme Court last week that the Government felt that gay sex is "highly immoral" which was quickly officially denied.

The Associated Press has the story:

NEW DELHI (AP) — The Indian government Tuesday clarified to the Supreme Court that it accepts a recent ruling legalizing gay sex in the country.

A lawyer told the Supreme Court that the government would not challenge a 2009 order by the Delhi High Court striking down a colonial-era law that made gay sex a crime.

The order was appealed by conservative groups and the Supreme Court is now hearing opinions from those groups as well as gay rights activists.

The latest statement comes days after another government lawyer told the court that gay sex was "highly immoral" and should be banned. The government quickly denied that lawyer's statement, prompting confusion about its stance on the law.

On Tuesday, a Supreme Court justice asked the government's lawyers to file an affidavit to reconcile the two divergent positions heard in court. Neither lawyer explained Thursday's confusion.

The 2009 high court order had said that treating consensual gay sex between adults as a crime was a violation of fundamental rights protected by India's constitution.

If this decision gets confirmed it will be the single most significant advance in LGBT rights that will positively impact the most number of homosexuals in the world. India has a population which is estimated at 1.2 billion people.

Clinton Gives Historic Speech On LGBT Human Rights

The Obama Administration issued a Presidential Memorandum today announcing various initiatives to advance the human rights of LGBT citizens throughout the world.The Memorandum directs federal agencies to take specific actions to promote international LGBT human rights.

Here's the text of the Memorandum:

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons

The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights.  I am deeply concerned by the violence and discrimination targeting LGBT persons around the world    whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation.  That is why I declared before heads of state gathered at the United Nations, "no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere."  Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere.  Our deep commitment to advancing the human rights of all people is strengthened when we as the United States bring our tools to bear to vigorously advance this goal.

By this memorandum I am directing all agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons.  Specifically, I direct the following actions, consistent with applicable law:

Section 1.  Combating Criminalization of LGBT Status or Conduct Abroad.  Agencies engaged abroad are directed to strengthen existing efforts to effectively combat the criminalization by foreign governments of LGBT status or conduct and to expand efforts to combat discrimination, homophobia, and intolerance on the basis of LGBT status or conduct.

Sec. 2.  Protecting Vulnerable LGBT Refugees and Asylum Seekers.  Those LGBT persons who seek refuge from violence and persecution face daunting challenges.  In order to improve protection for LGBT refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBT refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum.  In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively address the protection of LGBT refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the

Federal Government has the ability to identify and expedite resettlement of highly vulnerable persons with urgent protection needs.

Sec. 3.  Foreign Assistance to Protect Human Rights and Advance Nondiscrimination.  Agencies involved with foreign aid, assistance, and development shall enhance their ongoing efforts to ensure regular Federal Government engagement with governments, citizens, civil society, and the private sector in order to build respect for the human rights of LGBT persons.

Sec. 4.  Swift and Meaningful U.S. Responses to Human Rights Abuses of LGBT Persons Abroad.  The Department of State shall lead a standing group, with appropriate interagency representation, to help ensure the Federal Government's swift and meaningful response to serious incidents that threaten the human rights of LGBT persons abroad.

Sec. 5.  Engaging International Organizations in the Fight Against LGBT Discrimination.  Multilateral fora and international organizations are key vehicles to promote respect for the human rights of LGBT persons and to bring global attention to LGBT issues.  Building on the State Department's leadership in this area, agencies engaged abroad should strengthen the work they have begun and initiate additional efforts in these multilateral fora and organizations to:  counter discrimination on the basis of LGBT status; broaden the number of countries willing to support and defend LGBT issues in the multilateral arena; strengthen the role of civil society advocates on behalf of LGBT issues within and through multilateral fora; and strengthen the policies and programming of multilateral institutions on LGBT issues.

Sec. 6.  Reporting on Progress.  All agencies engaged abroad shall prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives.  All such agencies shall submit their reports to the Department of State, which will compile a report on the Federal Government's progress in advancing these initiatives for transmittal to the President.

Sec. 7.  Definitions.  (a)  For the purposes of this memorandum, agencies engaged abroad include the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

(b)  For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development include the Departments of State, the Treasury, Defense, Justice, Health and Human Services, and Homeland Security, the USAID, the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

On the same day the Memorandum was announced, Secretary of State Hillary Clinton gave an amazing speech about international LGBT human rights in Geneva, Switzerland and the State Department released a list of accomplishments they have done to advance the human rights of LGBT persons globally.

Longtime Lesbian Activist Paula Ettelbrick Has Died

Paula Ettelbrick held leadership positions at several important LGBT non-profits

I am saddened to report the news that longtime lesbian activist, Paula Ettlebrick, died of cancer-related causes at the age of 56 on October 7th. Ettelbrick was especially well-known in LGBT leadership circles. I knew her best as the Legal Director for the Lambda Legal Defense and Education Fund in the 1990s and later as the third Executive Director of the International Gay and Lesban Human Rights Commission (she was named a few years after I had left their Board of Directors in 2002).Most recently, Paula had been named the Executive Director of the Stonewall Community Foundation in New York City, resigning that position in August 2011.

Gay City News has some remembrances of Paula from fellow luminaries in the LGBT movement:

In a message distributed via email from Brazil on Friday morning, Cary Alan Johnson, who succeeded Ettelbrick at the helm of IGLHRC, wrote, “First and foremost I can say that I found her to be so genuinely, deeply, unfalteringly committed to our liberation as LGBT people. She also had a deep respect for all progressive movements and causes. Paula was one of the most sophisticated strategists I've ever met.”

In her work at IGLHRC, Ettelbrick strove with particular focus to educate American activists about the need to follow the lead of LGBTQ communities on the ground in countries where the group was seeking to provide support.

Rea Carey, executive director of the Task Force, wrote, “I will truly miss Paula — her sass, her smarts, and her smile. She was supportive of me and of other women in leadership positions. In fact, upon becoming the executive director of the Task Force, I received a note card from her along with a contribution to the Task Force in honor of women’s leadership.”

Sue Hyde, who directs the Task Force’s annual Creating Change conference, wrote that Ettelbrick’s “story is incomplete without calling forward her inspiring and visionary work as a community organizer par excellence.” It was Ettelbrick, Hyde said, who pioneered efforts to increase the representation of LGBT Americans in the US Census, at a time “when to do so was regarded as quixotic.”

Calling her “a great hero,” Ross Levi, ESPA’s executive director, noted that as the group’s general counsel, Ettelbrick took the lead in negotiating provisions of the city’s 1997 domestic partnership law with Mayor Rudy Giuliani. At the time that law was enacted, it was the most comprehensive package of such benefits in the US.

Kate Kendall, who heads up NCLR, said, “Paula was possessed of singular intelligence, integrity, ferocity, and wit. She was also unfailingly generous and open-hearted. She will be missed as a tireless advocate of the most disenfranchised.”

Kevin Cathcart, Lambda Legal’s executive director, recalled, “When Paula Ettelbrick came to Lambda Legal 25 years ago to fight for the rights of gay men and lesbians, it took not only vision and a passion for justice –– it also took courage to stand up in court and in the public eye during that earlier time in our history. Paula was fearless.”

In her work at Lambda, NCLR, the Pride Agenda, and the Task Force, Ettelbrick aggressively maintained that the fight to expand rights and protections for gay and lesbian couples and families must benefit as broad a definition of family as possible. In 1993, in a collection edited by William Rubenstein titled “Lesbian, Gay Men and the Law,” Ettelbrick wrote an essay “Since When Is Marriage a Path to Liberation?” that spelled out a feminist critique of how the institution had historically constrained the freedom and rights of women. The community, she argued, should be pressing for social and legal changes to support alternative family structures truer to the reality of queer lives.

I have used Paula's essay as a text in my Race, Gender and Justice class for years and had last seen her at the Williams Institute's Global Arc of Justice conference at UCLA in 2009. I also know her ex, Suzanne Goldberg, well, (who is another luminary in the LGBT rights movement). She is survived by her partner Marianne Haggerty and her son and daughter Adam and Julia.

Paula will be sorely missed. Many people are commemorating her by commenting on her Facebook page: