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.

Nigeria Senate Passes Insanely Anti-Gay Bill

Very bad news out of Nigeria. For the last 18 months or so the LGBT blogosphere has been tracking an anti-homosexuality bill in Uganda which included the death penalty for some homosexual acts. Happily that legislation died when the legislative session ended earlier this year, although there are some reports that Uganda's Anti-Homosexuality Bill is being revived.

Now comes news that an arguably even more repressively homophobic bill has passed one legislative body i Africa's most populous nation, Nigeria.

The Washington Post reports:

Nigeria’s Senate voted Tuesday to criminalize gay marriage, gay advocacy groups and same-sex public displays of affection, the latest legislation targeting a minority already facing discrimination in Africa’s most populous nation. 

The bill, now much more wide-ranging than its initial draft, must be passed by Nigeria’s House of Representatives and signed by President Goodluck Jonathan before becoming law. However, public opinion and lawmakers’ calls Tuesday for even harsher penalties show the widespread support for the measure in the deeply religious nation. 

“Such elements in society should be killed,” said Sen. Baba-Ahmed Yusuf Datti of the opposition party Congress for Progressive Change, drawing some murmurs of support from the gallery. 

Gay sex has been banned in Nigeria, a nation of more than 160 million people, since colonial rule by the British. Gays and lesbians face open discrimination and abuse in a country divided by Christians and Muslims who almost uniformly oppose homosexuality. In the areas in Nigeria’s north where Islamic Shariah law has been enforced for about a decade, gays and lesbians can face death by stoning.

Hat/tip to Rod 2.0.