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!

Bloomberg's List of the Richest People in the World

Bloomberg News has started a daily index compiling the worth of the Top 20 billionaires in the world. Note that the richest person in the world is from Mexico.

Also, note that right-wing Republicans like the Koch brothers (Wisconsin Governor's Scott Walker's sugar daddies) and Sheldon Adelson (Newt Gingrich's) are in the Top 15.
Curiously, Mike Bloomberg, the founder of Bloomberg News is not on the Bloomberg Billionaires index.

Hat/tip to Joe.My.God.

REPORT: Many Same-Sex Couples Impacted By Immigration Laws

The Williams Institute at UCLA Law School has released a report entitled "Same-Sex Couples and Immigration in the United States" by Craig Konnoth and Gary Gates.

An excerpt from the Executive Summary of the report highlights the fascinating details about the diversity of same-sex couples impacted by unfair immigration laws (and the Defense of Marriage Act) in the United States.

As of 2010,  nearly  79,200 same-sex couples living in the United States include at least one partner who iscurrently not a U.S citizen or was naturalized as a citizen.  Of the nearly 650,000 same-sex couples in the US:
 4.4% or 28,574 are binational couples (one partner is a U.S. citizen and one is not)
 1.8% or 11,442 are dual non-citizen couples
 6.1% or 39,176 are dual citizen couples with at least one naturalized partner 

Under U.S. immigration policy, a citizen may obtain permanent residence for their non-citizen different-sex spouse, and expedited citizenship for a resident, different-sex spouse. Permanent residents may also petition for permanent resident status for their different-sex spouses.   However, these options are not extended to same-sex couples, even if they are married or are in civil unions or registered domestic partnerships.  Currently none of the estimated 40,000 binational and dual non-citizen same-sex couples in US are eligible to use  the immigration mechanisms available to different-sex spouses.


[...]


  Additional findings from the analyses include:

 California ranks first in the total number of binational same-sex couples.  A quarter of them (7,115) live in the state.  California is followed by New York (3,695), Florida (2,545), Texas (1,607), and Illinois (1,596).
 Mexico is the country of birth for a quarter of non-citizens in binational same-sex couples.  Canada, the second highest country of origin, is home to 8% of the non-citizen partners, followed by the United Kingdom at 6%.
 More than two-thirds of binational same-sex couples (69%) are male.
 A third of binational couples (33%) are inter-racial/ethnic.
 Forty-five percent of non-citizens in binational same-sex couples are Latino or Latina, while 14% are Asian/Pacific Islander.  Just over a third (36%) are White.  Among citizens in same-sex binational couples, a third (33%) are Latino or Latina while 54% are White and 7% are Asian/Pacific Islander.  AfricanAmericans comprise just 3% of both groups.
 A quarter of male binational couples and 39% of female binational couples are raising an estimated 17,000 children.  Rates of childrearing are even higher among non-citizen same-sex couples. More than half (52%) of male non-citizen couples and nearly two-thirds (64%) of non-citizen female couples are raising more than 7,700 children.
 Citizens in binational same-sex couples have higher median income levels than their non-citizen partners.  However, the non-citizen partners in binational couples have median incomes that are substantially higher than non-citizens with non-citizen partners.
 Almost two-thirds of binational same-sex couples own their home.  They are more than twice as likely to be home owners as dual non-citizen same-sex couples (30%).
 The vast majority of same-sex partners in binational couples speak English “well” or “very well”.   Among citizens in binational couples, 93% report a very good command of English compared to 81% of their non-citizen partners.
 More than 40% of citizens and non-citizens in same-sex binational couples have a college degree.
 Non-citizens in binational same-sex couples evidence low rates of unemployment at just 2%.  Nearly 8% of citizens in binational same-sex couples say they are unemployed.  

Immigration Equality is the premier national LGBT organization advocating for and assisting same-sex couples impacted by federal immigration policies. (MadProfessah has served on the board of the organization since November 2008).

Interestingly, the estimate of 28,574 is more precise but also smaller than the previous estimate of 36,000 binational couples in the United States but the 40,016 couples who are negatively impacted by current immigration law is slightly higher. MadProfessah is a naturalized citizen from the island-nation of Grenada, and Sentient Meat is a "natural born citizen" so we would be classified in the 6.1% of all U.S. same-sex couples who are both citizens where one partner is naturalized.