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September 2013

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29 September 2013

Hearing on state's domestic partner registry set for October

UNITED STATES, Wisconsin: On 16 August 2013, the Wisconsin Supreme Court scheduled 23 October for oral arguments challenging the constitutionality of the state's domestic partner registry in “Julaine K. Appling & Ors v. James E. Doyle & Ors”.
• Wisconsin SC: Table of Pending Cases PDF 202.76kb, 16 AUG 13


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27 September 2013

Argentine child allowed sex change on official documents

ARGENTINA, Buenos Aires: On 27 September 2013, authorities in the Argentinian province of Buenos Aires reportedly administratively approved an official gender change on documents for a boy born in 2007 and identifying as a girl. The decision based on the gender identity law passed in 2012.

ILGA-Europe condemns the decision of Serbian authorities to ban Belgrade Pride

SERBIA: On 27 September 2013, it was reported that for the 3rd year the Serbian authorities have decided to ban Belgrade Pride March due to have taken place on 28 September.

New anti-discrimination laws for Tasmania

AUSTRALIA, Tasmania: On 26 September 2013, the Legislative Council passed the Anti-Discrimination Amendment Bill 45 of 2012 extending protections to the grounds of gender identity and intersex. The amendments also extend existing protection from humiliating, intimidating, ridiculing, offending or insulting conduct to sexual orientation and lawful sexual conduct.

Russia region to repeal 'gay propaganda' law

RUSSIA, Arkhangelsk Oblast: On 27 September 2013, lawmakers in Arkhangelsk (Archangel) were reported to be planning to repeal the 2011 local 'gay propaganda' law now that there is a federal ban." alt="News item summary" /> RU 27 SEP

New Jersey Judge Rules That State Must Recognize Same-Sex Marriage

UNITED STATES, New Jersey: On 27 September 2013, Judge Mary Jacobson of the Mercer County Superior Court ruled that beginning 21 October, same-sex couples can marry in the Garden State. She cited the U.S. Supreme Court's 26 June ruling in United States v. Windsor as the basis for her decision.
• Decision on Motion for Summary Judgment: Garden State Equality et. al. v. Paula Dow et. al. L-1729-11 PDF 2.82MB, 27 SEP 13

26 September 2013

Groundbreaking Declaration on ending violence and discrimination against LGBT

UNITED NATIONS, New York: On 26 September 2013, the Minsters of Argentina, Brazil, Croatia, El Salvador, France, Israel, Japan, The Netherlands, New Zealand, Norway and the United States, along with the High Representative of the European Union for Foreign Affairs and Security Policy declared their strong and determined commitment to eliminating violence and discrimination against individuals based on their sexual orientation and gender identity.
UN Ministerial Declaration: Ministerial Declaration on Ending Violence and Discrimination Against Individuals Based on Their Sexual Orientation and Gender Identity 26 SEP 13

Blasphemous And Contrary To Islam: Pakistan Bans Nationís First Gay Website

PAKISTAN: On 24 September 2013, the Pakistan Telecommunications Authority (PTA) blocked access to “Queer Pakistan” (queerpk.com) because its content was against Islam and norms of Pakistani society. “QueerPK” is now accessible on new domain name http://humjins.com.

25 September 2013

LGBT Resource Guide for Employers in China

CHINA: On 25 September 2013, Community Business launched their “Creating Inclusive Workplaces for LGBT Employees in China” resource guide for employers in China.
• China LGBT Resource Guide: Creating Inclusive Workplaces for LGBT Employees in China PDF 4.25MB, 25 SEP 13

Vancouver passes gender-neutral washrooms in public buildings

CANADA, British Columbia: On 25 September 2013, Vancouver City Council passed a motion to amend Vancouver's building codes, to clearly include provision for gender-neutral single-stalled washrooms in public buildings, making it the first municipality in Canada to do so.

Sedona approves local ordinance on civil unions

UNITED STATES, Arizona: On 24 September 2013, Sedona City Council voted 5-2 to allow civil unions regardless of gender. AB1664 provisions include a registration process and a city-maintained list of agreements that couples wish to register.

24 September 2013

First Openly Gay Federal Appeals Court Judge Confirmed

UNITED STATES, Washington DC: On 24 September 2013, the Senate confirmed 98-0 the nomination of Todd Hughes as a judge of the US Court of Appeals for the Federal Circuit, making him the highest-ranking openly gay judge in the nation.

Court: same-sex spouse must testify in murder case

UNITED STATES, Kentucky: On 23 September 2013, Judge Susan Schultz Gibson ruled that it is “abundantly clear” under Kentucky law that same-sex marriages will not be recognized as valid within the state or recognized from other states and that in the Geneva Case, the same-sex spouse of murder defendant Bobbie Jo Clary, must testify against Clary in her upcoming murder trial, even though state law exempts spouses from being compelled to testify against each other .
• Order: Commonwealth of Kentucky v Bobby Jo Clary 11-CR-003329 PDF 763.97kb, 23 SEP 13

23 September 2013

Heath-Newton LLP Releases Domestic Partnership Guide

UNITED STATES, California: On 23 September 2013, release of the Heath-Newton LLP Guide to California Domestic Partnerships and Same-Sex Marriages was announced. The guide addresses domestic partner and same-sex marriage breakdown issues.


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21 September 2013

US gay legal rights organization publishes guidelines to students who are bullied

UNITED STATES, National: On 19 September 2013, Lambda Legal published a set of instructions for bullied students.
LambdaLegal: Infographic: What to Do If You're LGBTQ and Bullied 19 SEP 13

20 September 2013

Judge rejects gay couple's domestic partnership

COSTA RICA: On 20 September 2013, it was reported that Desamparados Family Court Judge Jorge Arturo Marchena Rosabel had rejected the gay domestic partnership application of Alberto González and Lorenzo Serrano in the first legal test of Costa Rica's controversial reform to the Young Person Law.

Same-sex marriage on the horizon

THAILAND: On 18 September 2013, Naras Savestanan, director general of the Rights and Liberties Protection Department, announced a same-sex civil-union Bill would be introduced to the Parliament.

19 September 2013

Partners of Same-Sex State Employees Recognized as 'Immediate Family'

UNITED STATES, Alsaka: On 19 September 2013, the Alaska State Personnel Board approved a change in the state's definition of “immediate family”, recognizing same-sex partners of state employees and allowing medical leave if their same-sex partner has a serious medical condition and the couple meet eligibility by proving their relationship in the last 12 consecutive months and other criteria.

ACT Labor Government takes first step towards legalising same-sex marriage

AUSTRALIA, Australian Capital Territory: On 19 September 2013, Attorney-General, Simon Corbell introduced the Marriage Equality Bill 2013 into the ACT Legislative Assembly, paving the way for same-sex marriage to be legalised in the ACT.
• Bill: Marriage Equality Bill 2013 No. 379 M.D. 2013 PDF 201.35kb, 18 SEP 13

18 September 2013

Judge grants legal recognition to Sebastopol women's marriage after legal battle

UNITED STATES, California: On 18 September 2013, Superior Court of California Sonoma County Judge Nancy Case Shaffer approved a tentative ruling granting legal recognition to the marriage of Stacey Schuett and her late wife, Lesly Taboada-Hall, who were hastily married in a home ceremony 19 June, before the US Supreme Court restored the right of same-sex couples to wed in California. Schuett may now access pension and Social Security survivor's benefits.

Guidance on Tax Treatment of Same-Sex Marriages Takes Effect

UNITED STATES, National: On 16 September 2013, the guidance issued by the U.S. Department of the Treasury and the Internal Revenue Service (IRS) on 29 August 2013 came into effect clarifying that same-sex couples who are legally married in jurisdictions or countries that recognize their marriages will be treated as married for all federal tax purposes. Plan sponsors are required to comply prospectively with the guidance.

17 September 2013

Senate Confirms Lesbian as Judge of U.S. Court of Federal Claims

UNITED STATES, Washington DC: On 17 September 2013, the Senate confirmed 64-35 the appointment of Elaine Kaplan as a judge of the United States Court of Federal Claims for a term of 15 years.

16 September 2013

Legal Briefing: Same-Sex Spouse Entitled to Survivor Benefits

UNITED STATES, Federal: On 29 July 2013, the US District Court for the Eastern District of Pennsylvania in “Cozen O'Connor v. Tobits”, No. 11-0045 followed “United States v. Windsor” holding that the deceased's partner was a “surviving spouse” entitled to benefits under the “Employee Retirement Income Security Act” , so employers may now be required to recognize same-sex partners as spouses for purposes of providing benefits under a company's benefit plans.

Israeli Transgender Mom Recognized as Child's 'Father' in Same-Sex First

ISRAEL: On 13 September 2013, the Interior Ministry was reported to have recognized two biological fathers of the same baby. Transgender man Yuval Topper-Erez gave birth to her partner Matan Topper-Erez's baby in December 2011. Yuval was first identified as female in order to register the child with his spouse, and then his registration was changed to male.

15 September 2013

High court rules activist's free-speech rights weren't violated

ZAMBIA: On 26 August 2013, High Court Judge Anne Sharpe Phiri in Lusaka ruled that the trial of Paul Kasonkomona should commence in the subordinate court in a matter in which the gay rights activist is facing an offence of idle and disorderly conduct by soliciting for immoral purposes in advocating for homosexual rights to be respected in Zambia during 'The Assignment' programme on Muvi Television, there being no contravention of fundamental rights under Article 20 of the Constitution.

Supreme Court rules leniency for transgender prisoner

ISRAEL: On 12 September 2013, Justices Neal Hendel, Noam Solberg and Salim Joubran in the Supreme Court ruled that a transgender man who took part in the violent robbery of a gas station in 2010 have his time behind bars reduced because his gender identity requires him to be kept in isolation and his sentence should be reduced from 15 to 10 months in light of his special personal circumstances.


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14 September 2013

Transgender man denied legal claims to his son

JAPAN: On 13 September 2013, Judge Keiko Kuboi in the Osaka Family Court dismissed an application from a 31-year-old transsexual man for the court to confirm that a 1-year-old boy his wife had using a third person's sperm is his legitimate child.

13 September 2013

Education Minister launches new policy to combat anti-gay and anti-trans bullying in schools

REPUBLIC OF IRELAND: On 13 September 2013, the Minister for Education and Skills, Ruairí Quinn T.D., published new mandatory anti-bullying procedures to be adopted and implemented by all 4,000 primary and post primary schools no later than the end of the second term of the 2013/14 school year.

Manitoba anti-bullying bill now law, endorses gay-straight alliances

CANADA, Manitoba: On 13 September 2013, the third reading of The Public Schools Amendment Act (Safe and Inclusive Schools) Bill 18, an anti-bullying bill which requires schools to accommodate gay-straight alliances, passed the legislature in a 36-16 vote. The Bill awaits Royal Assent from the Lieutenant Governor before becoming law.

12 September 2013

Court bans access to gay dating app Grindr as a 'protection measure'

TURKEY: On 26 August 2013, the Istanbul Anatolian 14 Magistrates' Court decision CM 2013/406 ordered access to the Grindr application and website be blocked as a 'protection measure'. The order reportedly came into effect on 10 September 2013.

Judge Orders Montco Clerk to Stop Same-Sex Marriages

UNITED STATES, Pennsylvania: On 12 September 2013, President Judge Dan Pelligrini ordered Montgomery Clerk Dan Hanes to “cease and desist from issuing marriage licenses to same-sex applicants” citing three issues ≠ jurisdiction, standing and the ability to raise a constitutional argument.
• Memorandum Opinion: Commonwealth of Pennsylvania v. D Bruce Hanes No. 379 M.D. 2013 PDF 341.53kb, 12 SEP 12

11 September 2013

Boca Raton Finally Implements LGBT Inclusive Policies

UNITED STATES, Florida: On 10 September 2013, the Boca Raton City Council voted 4-1 to pass Ordinance 5251 extending the full range of domestic partnership benefits to its municipal employees and unanimously to pass Ordinance No. 5252 extending the jurisdiction of the Community Relations Board to include the city's lesbian, gay, bisexual and transgender residents.
Ordinance No. 5251 PDF 677.78kb
Ordinance No. 5252 PDF 631.83kb

American Bar Association Publishes Legal Guide for Trans People

UNITED STATES, Illinois: On 03 September 2013, the American Bar Association released the 313-page book “Transgender Persons and the Law” a comprehensive guide for both cisgender legal practitioners and transgender individuals to better serve the population. $129.95.

10 September 2013

Transgender Man Gives Birth In Germany, Birth Certificate Doesn't List A Mother

GERMANY, Berlin: On 10 September 2013, a transgender man reported gave birth to a baby in Neukölln Berlin, the first in Europe to do so. The transgender man physically gave birth on 11 April (quaere 18 March), but at his request, is listed as father and not mother to the baby boy in official records. On 11 January 2011, the Constitutional Court ruled that it was unconstitutional to require transgender people to undergo sterilization or gender-reassignment surgery before they can be legally recognized as a member of the other sex.

European Parliament: "All international couples should enjoy the same property rights"

EUROPE: On 10 September 2013, the European Parliament adopted two amended resolutions with the aim of simplifying the legal procedures regarding property regimes for bi-national married couples and registered partners, to ensure that all bi-national couples are treated equally irrespective of their sexual orientation.
• Resolution on the property regimes of married couples: COM(2011)0126 - C7-0093/2011 - 2011/0059(CNS) 10 SEP 13
• Resolution on the property regimes of registered partners: COM(2011)0127 - C7-0094/2011 - 2011/0060(CNS) 10 SEP 13

09 September 2013

Washington Native American Tribe Recognizes Marriage Equality

UNITED STATES, Washington: On 04 September 2013, the Colville Tribal Council of the Confederated Tribes of the Colville Nation voted overwhelmingly to recognize same-sex marriages.

Australian court allows two teens to switch genders

AUSTRALIA: On 31 July 2013, Justice Peter Murphy in the Family Court of Australia allowed two transgender teens, 16-year-olds 'Sam' and 'Terry' to commence Stage 1 and Stage 2 gender reassignment treatments with the support of their respective parents.
• Orders: Sam and Terry (Gender Dysphoria) [2013] FamCA 563, 31 JUL 13

Guyana judge clarifies rule against cross-dressing

GUYANA: On 06 September 2013, acting Chief Justice Ian Chang ruled that cross-dressing is a criminal offense under an 1893 law only if it's done for an “improper purpose” such as prostitution and not if only “for the purpose of expressing or accentuating his or her personal sexual orientation in public”. The challenge failed to prove the law amounts to discrimination contrary to the constitution.


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07 September 2013

California Legislature Passes Trans Birth Certificate Bill

UNITED STATES, California: On 06 September 2013, Senate amendments to Assembly Bill 1121 passed the legislature in a 58-20 vote. The Bill will provide transgender Californians with a more streamlined process for changing their names and gender markers on birth certificates.

06 September 2013

New Mexico high court sets Oct. 23 for marriage equality arguments

UNITED STATES, New Mexico: On 06 September 2013, the New Mexico Supreme Court on its own motion in the matter of same-sex marriages, set 23 September 2013 for filings and 23 October for oral argument.
• Order: Greigo and Kiel et. al. v. Oliver and Salazar et. al. PDF 118.38kb, 06 SEP 13

Malta: Law restricting IVF to opposite-sex couples slammed as 'unashamedly homophobic'

MALTA: On 01 January 2013, the new 'Embryo Protection Act' came into force restricting IVF (In Vitro Fertilisation) services to “two persons of the opposite sex” who are either “united in marriage” or “in a stable relationship with each other” meaning that same-sex couples will be automatically denied access to medical services on the basis of their sexual orientation.

Veterans Benefits Extended to Same-Sex Married Couples

UNITED STATES, Washington DC: On 04 September 2013, US Attorney General Eric Holder announced that President Obama had directed the Executive Branch to take steps allowing for same-sex spouses of military veterans to collect federal benefits.
• Department of Justice: Attorney General Holder Announces Move to Extend Veterans Benefits to Same-Sex Married Couples 13-991, 04 SEP 13

San Antonio adopts gay-bias protections

UNITED STATES, Texas: On 05 September 2013, the San Antonio City Council approved 8-3 an ordinance adding sexual orientation and gender identity to the list of classes protected from bias, including race, religion, age and disability. It affects city employees, city contracts, housing and city officials as well as members of municipal boards and commissions.

05 September 2013

Gay Couple Wins Right to Marry in Chihuahua

MEXICO, Chihuahua: On 02 September 2013, a Chihuahua district judge's ruling on 22 August 2013 that the state must provide marriage licenses to same-sex couples, and giving government officials ten days to file a formal objection to the order, came into effect, the government having made no such objection.

New Mexico judge upholds county same-sex marriage ruling, orders issuing of licenses

UNITED STATES, New Mexico: On 04 September 2013, District Court Judge Sheri Raphaelson affirmed her ruling that same-sex couples are entitled to be married in New Mexico, ordering Los Alamos County Clerk Sharon Stover to issue a licence to Janet Newton and Maria Thibodeau.

04 September 2013

Federal Judge: Ohio Must Recognize Marriage of Gay Couple

UNITED STATES, Ohio: On 03 September 2013, US District Judge Timothy Black ruled that the state of Ohio must recognize the out-of-state marriage of a gay couple, even though the state established a ban on marriage equality for same-sex couples in 2004, granting a temporary restraining order that David Michener of Cincinnati be listed as the spouse of his husband William Herbert Ives on Ives' death certificate.
• Temporary Restraining Order: James Obergefell et. al. v. John Kasich PDF 66.62, 03 SEP 13

California clears same-sex weddings for prison inmates

UNITED STATES, California: On 30 August 2013, following the US Supreme Court same-sex marriage decision, director of the adult institutions division for the Department of Corrections and Rehabilitations Michael Stainer issued a memo stating that gay or bisexual inmates will only be allowed to marry same-sex partners who are not incarcerated and only during prison ceremonies.

02 September 2013

Gay couple files federal lawsuit attacking SC's marriage law

UNITED STATES, South Carolina: On 02 September 2013, it was reported that Katherine Bradacs and Tracie Goodwin had filed a lawsuit against Gov. Nikki Haley and State Attorney General Alan Wilson in the US District Court in Columbia, seeking an injunction prohibiting South Carolina from enforcing the Defense of Marriage Act and the section of the state Constitution that bans same-sex marriages.

New Mexico County Los Alamos Ordered To Issue Marriage Licenses To Gay Couples

UNITED STATES, New Mexico: On 29 August 2013, in the case of Janet Newton, et.al., v. Saron Stover, No. D-132-CV-201300094, District Court Judge Sheri Raphaelson ordered Los Alamos County Clerk Sharon Stover to begin issuing marriage licenses to gay and lesbian couples or appear in court to explain why that shouldn't happen.


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