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November 2016

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30 November 2016

Court rules unmarried gay couples can inherit

SOUTH AFRICA: On 30 November 2016, the Constitutional Court preserved the right of unmarried permanent gay couples to inheritance, ruling that Eric Duplan was right to claim the intestate estate (no Will) of his deceased live-in partner Cornelius Daniel Laubscher.
• Judgment: Rasmus Elardus Erasmus Laubschern N.O. v. Eric Jean Spiridion Duplan et al. [2016] ZACC 44 PDF 410.02kb 30 NOV 16
Qld Government Introduces Bill To Scrap 'Gay Panic' Defence

AUSTRALIA, Queensland: On 30 November 2016, Attorney-General Yvette D'Ath introduced the Criminal Law Amendment Bill 2016 to state parliament Clause 10 of which would amend Section 304 of the Criminal Code to eliminate the so-called ''gay panic'' defence other than in circumstances of an exception character.
• Bill: Criminal Law Amendment Bill 2016 PDF 690.67kb 30 NOV 16
Constitutional Court asks EU Court of Justice for opinion in gay couple vs Romania case

ROMANIA: On 29 November 2016, for the fourth time, Constitutional Court (CCR) postponed again a decision in the case of the Romanian Adrian Coman and the US-born Clay Hamilton, a gay couple who got married in Belgium and want to have their marriage recognized in Romania. The CCR will seek the opinion of the Court of Justice of the European Union (CJEU) as to whether a same-sex couple, married overseas, can be recognized as spouses under Romanian law by way of application of the EU law on family reunification with a EU citizen.

29 November 2016

Cass County judge who ordered transgender teen to submit to a mental evaluation exceeded his authority, Court of Appeals rules

UNITED STATES, Missouri: On 29 November 2016, the Missouri Court of Appeals made a preliminary writ of prohibition absolute, prohibiting the enforcement of Judge R Michael Wagner's 13 August 2015 order that fourteen-year-old F2M transgender Nathan submit to a mental evaluation to establish his mental condition in relation to his application for a name change.
• Original Proceeding in Prohibition: State of Missouri ex rel NNH v. Honorable R Michael Wagner WD79773 PDF 91.49kb 29 NOV 16
ACLU Statement on denial of appeal in downstate Bed & Breakfast case

UNITED STATES, Illinois: On 18 November 2016, the Illinois Human Rights Commission declined to further review and adopted the report and recommendation of an administrative law judge, ruling against a Paxton Bed & Breakfast after its owners denied a downstate couple Mark and Todd Wathen access to the facility to celebrate their civil union in 2011. The 22 March 2016 recommended order and decision of Administrative Law Judge Judge Michael R Robinson has become and order of the Commission.
• Order: Todd & Mark Wathen v. Walder Vocuflo Inc ALS No. 11-0703(C) PDF 67.27kb 18 NOV 16
Ontario passes law giving equal parenting rights to same-sex couples

CANADA, Ontario: On 29 November 2016, the Ontario legislature unanimously passed Bill 28, the ''All Families Are Equal Act'', despite numerous MPPs being absent from the vote. The bill ensures equal parenting rights for same-sex couples who no longer have to adopt their own children. Further, where a child is conceived through assisted reproduction, the birth parent and the birth parent's partner at the time of the chil'’s conception are recognised without requiring a court order.
Calling someone gay 'not an insult'

ITALY: On 29 November 2016, the Cassation Court ruled that calling a straight person gay is not an insult anymore.
• Judgment (in Italian): Sentenza No. 50659/2016 PDF 1.79MB 29 NOV 16
'Surrogate cannot carry baby without the genes of one parent' - Infertile, single woman loses long court challenge

SOUTH AFRICA: On 29 November 2016, the Constitutional Court ruled that at least one parent must donate sperm or eggs for a surrogacy agreement to be legal in South Africa.
• Judgment: AB and Another v Minister of Social Development [2016] ZACC 43 PDF 801.67kb 29 NOV 16
Kansas judge rules sperm donor not on hook for child support

UNITED STATES, Kansas: On 22 November 2016, Shawnee County District Judge Mary Mattivi ruled that William Marotta, who donated sperm so two women could have a baby together, is not legally the child's father and isn't required to provide financial support, concluding that birth mother Jennifer Schreiner's former partner Angela Bauer should be considered the child's second parent rather than Marotta.

27 November 2016

All marriage commissioners must perform same-sex wedding, Manitoba judge rules

CANADA, Manitoba: On 21 November 2016, Court of Queen's Bench Justice Karen Simonsen ruled this week that the decision of the Manitoba government to strip former marriage commissioner Kevin Kisilowsky of his licence did not substantially violate his constitutional right to religious freedom, saying if the applicant were allowed to refuse to marry same-sex couples, other marriage commissioners may follow suit. This could result in more rejections and difficulty for same-sex couples.
• Judgment: Kevin Richard Kisilowsky v. Province of Manitoba 2016 MBQB 22 PDF 280.51kb 21 NOV 16

25 November 2016

Gay lecturer loses pension discrimination case

REPUBLIC OF IRELAND: On 24 November 2016, the European Court of Justice ruled that retired Trinity College Dublin lecturer David Parris was not discriminated against on his pension rights because of his sexual orientation or age. The university's pension scheme rules prevent his same-sex partner of more than 30 years from accessing a survivor's pension in the event of his death, entitlement being conditional on a member having married or entered into a civil partnership before the age of 60 and it was legally impossible for Dr Parris to enter into a civil partnership before the age of 60.
• Judgment: David L Parris v. Trinity College Dublin et al C-443/15 24 NOV 16

23 November 2016

Tanzania suspends HIV/AIDS programs in new crackdown on gays

TANZANIA: On 23 November 2016, it was reported that in October the minister of health Ummy Mwalimu announced that Tanzania had suspended HIV/AIDS outreach projects aimed at gay men, pending a review. That forced the closure, at least temporarily, of US-funded programs that provide testing, condoms and medical care to gays.

22 November 2016

Euro court rules freedom of expression violation in Turkish LGBT rights group magazine seizure

TURKEY: On 22 November 2016, the European Court of Human Rights unanimously ruled that the seizure and confiscation of all copies of a magazine published by the Ankara-based LGBT rights group Kaos GL, for more than five years, violated freedom of expression.
• Judgment (in French): Case of Kaos GL v. Turkey 4982/07 22 NOV 16
Judge asks US to reconsider passport for intersex citizen

UNITED STATES, Federal: On 22 November 2016, Judge R Brooke Jackson in the US District Court Colorado ordered the US State Department to reconsider its decision to deny a passport to Colorado resident Dana Zzyym who does not identify as either male or female and refused to check a box for one of the genders on the passport application form. The judge saying ''that the administrative record ...does not show that the decisionmaking process that resulted in the policy in question was rational.
• Order: Dana Alix Zzyym v. John F Kerry and Sherman D Portell No. 1:15-cv-02362 PDF 91.88kb 22 NOV 16
Sex change man's privacy breached on marriage certificate

UNITED KINGDOM, Northern Ireland: On 21 November 2016, Mr Justice Treacy in the Belfast High Court of Justice reportedly granted a declaration that a man's marriage certificate in stating a previous civil partnership was either dissolved or annulled thereby disclosed his previous gender history and amounted to a breach of the man's right to privacy under Article 8 of the European Convention on Human Rights and that a solution would be to record his status in the marriage certificate as single.

21 November 2016

Hong Kong govt made same-sex marriage visa exceptions

HONG KONG: On 21 November 2016, it was reported that in June a diplomatic note from the Chief Secretary for Administration's Office granted an exception to allow same-sex spouses of consular staff holding diplomatic or official passports and with support of local consulates, to stay in Hong Kong beyond the usual limits.
Malta set to ban gay conversion therapy as Bill passes final hurdle

MALTA: On 21 November 2016, Bill No. 167, the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Bill passed the committee stage. If the Bill passes the third reading in the Parliament, gay conversion therapy will become unlawful and persons who attempt to change, repress or eliminate a person's sexual orientation may be fined between €1,000 and €5,000 or imprisoned for a term of five months, professionals may be fined between €2,000 and €10,000 or imprisonment of up to a year.
Bill No. 167: Affirmation of Sexual Orientation, Gender Identity and Gender Expression Bill PDF 851.41kb 30 SEP 16

19 November 2016

91-year-old gay veteran sues to update discharge to 'honorable'

UNITED STATES, Connecticut: On 18 November 2016, 91-year-old veteran Hubert Edward Spires discharged from the Air Force in 1948 for being gay filed a federal lawsuit to upgrade his discharge status from ''undesirable'' to honorable.
• Complaint: Hubert Edward Spires v. Deborah Lee James No. 5:16-cv-01905 PDF 173.64 18 NOV 16

18 November 2016

In the Matter of Shay (Formerly S) PDF 216.24kb

AUSTRALIA, Victoria: On 18 November 2016, Judge Paul Cronin in the Family Court of Australia at Melbourne ruled that 17-year-old m2f transgender Shay, had the requisite intelligence and understanding to be able to make all her own decisions relating to her medical treatment and ordered that the request of her parents, Mr and Mrs Gleeson, to formally devolve that ''parenting'' responsibility to her is not only proper but in her best interests.
Judge upholds discrimination suit against DOC

UNITED STATES, Connecticut: On 18 November 2016, Superior Court Judge Edward Krumeich II denied a motion to dismiss the discrimination lawsuit brought by now former corrections officer Ernesto Velazquez against the state Department of Corrections, alleging discrimination on the basis of his sexual orientation, ruling ''A reasonable jury may conclude the DOC was negligent and the co-workers' discriminatory conduct would be imputed to the DOC''.

16 November 2016

'LGBTQ-tolerant' Ivory Coast jails 2 men accused of same-sex sexual acts

CÔTE D'IVOIRE: On 03 November 2016, in reportedly the first case of its kind, a court in Sassandra found two men, aged 31 and 19, identified as P.L and L.A, accused of engaging in same-sex sexual acts guilty of public indecency and imposed three-month prison sentences.
Minnesota Transgender Surgery Ban Found Unconstitutional

UNITED STATES, Minnesota: On 14 November 2016, District Court Judge William H Leary III ruled that subdivision 3a of Statute §246B.0625 providing public-assistance medical benefits for indigent persons who require inpatient hospital service, stating that ''Sex reassignment surgery is not covered'', is in violation of the State consitution and is void and unenforceable.
• Order and Memorandum: OutFront Minnesota, OutFront Minnesota Community Service, and Evan Tysilio Thomas v. Emily Johnson Piper No. 62-CV-15-7501 PDF 1.51MB 16 NOV 16
Missouri appeals court: Frozen embryos property, not people

UNITED STATES, Missouri: On 15 November 2016, in a case that may apply to divorced same-sex partners, Judge Douglas R Beach in the Missouri Court of Appeals, Eastern District ruled a divorced man and woman must mutually consent to using embryos that were frozen and stored while married, declaring the embryos marital property, not humans with constitutional rights.
• Opinion: Jalesia McQueen v. Justin Gadberry No. ED103108 PDF 714.47kb, 15 NOV 16
Ashers: AG asks for cake case to go to Supreme Court

UNITED KINGDOM, Northern Ireland: On 16 November 2016, it was reported that Northern Ireland Attorney General John Larkin QC had asked the Court of Appeal to refer aspects of its finding on the Ashers Baking Company same-sex discrimination case to the Supreme Court.
Victory! North Carolina to Issue Accurate Birth Certificates for All Children Born to Married Same-Sex Couples

UNITED STATES, North Carolina: On 16 November 2016, the case of Melissa and Meredith Weiss v. Rick Brajer and Catherine Ryan No. 5:2015cv00656 was reportedly settled, the state of North Carolina agreeing to amend the birth certificates naming both as parents of their sons conceived by Melissa via in vitro fertilization. The settlement of the case means that married North Carolina same-sex couples with children born after they got married should be able to obtain accurate birth certificates for their children listing both their names.

15 November 2016

South Australian MPs' conscience vote backs allowing same-sex couples to adopt

AUSTRALIA, South Australia: On 15 November 2016, the House of Assembly passed the Adoption Review Amendment Bill 27-16 in a conscience vote. The Bill, allowing same-sex couples to adopt children, must now go to the Legislative Council.

14 November 2016

Estate Planning Maintains Importance In Face of NJ Estate Tax Repeal

UNITED STATES, New Jersey: On 14 October 2016, Governor Christie signed into law new legislation that repeals the New Jersey estate tax for those dying on or after 01 January 2018, and increases the estate tax exemption to $2 million for those dying between 01 January 2017 and 31 December 2017. The inheritance tax in New Jersey will continue in force following the 01 January 2018 effective date of the estate tax repeal. For residents of New Jersey with assets, federal death tax planning and an up-to-date Will continue to be important tools.
VA nixes plan to cover gender reassignment surgery

UNITED STATES, Washington DC: On 14 November 2016, it was reported that the Department of Veterans Affairs had scrapped a proposed plan to cover gender reassignment surgery for transgender veterans from the Fall 2016 Unified Agenda, citing concerns about appropriate funding. The VA currently provides other services for trans veterans, including hormone therapy, mental health care, preoperative evaluation and long-term care following gender reassignment surgery.

11 November 2016

Section 15(6)(d) of Uganda’s Equal Opportunities Commission Act declared Unconstitutional

UGANDA: On 10 November 2016, the Constitutional Court reportedly ruled that the anti-gay section of the Equal Opportunities Commission Act (EOCA), which barred the commission from investigating any matter involving behavior ''considered to be immoral and socially harmful, or unacceptable by the majority of the cultural and social communities in Uganda'', was unconstitutional and violated the right to a fair hearing.
• Judgment: Adrian Jjuuko v. Attorney General Constitutional Petition No. 1 of 2009 PDF 5.58MB 10 NOV 16

10 November 2016

Bentonville McDonald's To Pay $103,000 To Settle EEOC Disability Discrimination Suit

UNITED STATES, Arkansas: On 10 November 2016, it was reported that a McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark., will pay $103,000 and furnish other relief to settle a disability discrimination lawsuit brought by the US Equal Employment Opportunity Commission (EEOC) on behalf of an employee fired by the restaurant within days of learning of his HIV-positive status.
Supreme Court: ''being transsexual is not a disease''

PERU: On 21 October2016, the Constitutional Court ruled that being transsexual is not a disease and supported the right of gender identity. This means, transsexuals have the right to request the change of ''sex'' in their ID.
• Sentencia (in Spanish): Rodolfo Enrique Romero (Ana Romero Saldarriaga) v. Reniec and Others No. 06040-2015-PA/TC PDF 869.71kb 21 OCT 16
Mexico congressional committee rejects same-sex marriage measure

MEXICO: On 09 November 2016, the Commission on Constitutional Matters was reported to have rejected 19-8, with one abstention, a measure that would have legalized same-sex marriage throughout the country, leaving individual couples in Mexico having to sue for the right to get married.

09 November 2016

Singaporean man fined $2,500 for anti-gay Facebook post

SINGAPORE: On 04 November 2016, a Singapore Court fined Bryan Lim Sian Yang $2,500 after he pleading guilty to ''making a threatening, abusive or insulting communication under the Protection from Harassment Act'' in an 04 June Facebook post in which he asked for ''permission to open fire'' on the LGBT community. He was originally charged with ''encouraging violence against the LGBT community'', an offense that could have landed him a maximum of five years in jail plus a fine.

08 November 2016

Canada to offer gender-neutral ‘other’ option for visitors

CANADA, Federal: On 08 November 2016, it was reported that Immigration, Refugees and Citizenship Canada will allow some foreign visitors to identify themselves as male, female or other in new Electronic Travel Authorizations (eTAs) to be introduced on 10 November.
Pardons for men convicted of homosexuality backed

UNITED KINGDOM, Northern Ireland: On 08 November 2016, it was reported that Justice Minister Claire Sugden secured approval of fellow Executive ministers in the DUP/Sinn Féin-led administration to extend to Northern Ireland the provision for pardons in the Government's Policing and Crime Bill for men previously convicted of now abolished same-sex offences. The Assembly is now set to pass a consent motion that will mirror measures being introduced in England and Wales.
De Facto Custody Rule Survives Challenge in Hawaii

UNITED STATES, Hawaii: On 03 November 2016, the Hawaii Supreme Court ruled unanimously that a family court judge made the wrong call in denying joint custody to AA and BB, two men who were never married but agreed to co-parent a child after they split up. The Court ruled that whether or not AA and BB married is not relevant in the case, the family court judge should have inquired into whether AA satisfied the de facto custody test and whether joint custody is in the child's best interest – by determining whether AA and BB raised the child in a ''stable and wholesome home'' and if AA is a ''fit and proper person''.
• Opinion: AA v. BB SCAP-15-0000022 PDF 167.25kb 03 NOV 16
Court rules that exes must share pensions

SOUTH AFRICA: On 04 November 2016, Judge of Appeal X M Petse for the Supreme Court of Appeal ordered that the divorcing parties Galefele Hilda Ndaba and James Ndaba have a mutual right to their respective pension interests as part of settling property matters between them. Same-sex marriage being lawful, this opposite-sex divorce case may have relevance to same-sex partners divorcing in similar circumstances.
• Judgment: Ndaba v Ndaba No. 600/2015, [2016] ZASCA 162 PDF 471.92kb 04 NOV 16

07 November 2016

In A National First, LGBT Advocates Sue Utah Schools Over 'Anti-Gay' Laws

UNITED STATES, Utah: On 04 November 2016, Equality Utah filed a Complaint for Declaratory and Injunctive Relief in the US District Court, District of Utah, Central Division challenging Utah law prohibiting positive student and teacher speech about ''homosexuality'', while permitting positive speech about the sexual orientation of heterosexual persons, and by prohibiting the equal treatment of student clubs that are supportive of students who are lesbian, gay, bisexual, or transgender (''LGBT'').
• Complaint for Declaratory and Injunctive Relief: Equality Utah et al v. Utah State Board of Education et al. 2:16-cv-01081-BCW PDF 93.80kb 21 OCT 16
Pentagon to same-sex domestic partners: Get married by New Year’s Eve, or else

UNITED STATES, Virginia: On 07 November 2016, it was reported that the Department of Defense is preparing to announce as soon as this week an ending of all unmarried same-sex domestic partner benefits for civilian employees, effective 31 December 2016, claiming it is meant to ensure ''that both same-sex and opposite-sex couples are treated on an equal basis''.
Same-Sex Marriage Plebiscite Fails To Pass Senate

AUSTRALIA, Federal: On 07 November 2016, the Senate (upper house) voted 29 for 33 against the Plebiscite (Same-Sex Marriage) Bill 2016. The plebiscite vote on 11 February will NOT now take place.

05 November 2016

Another court rules anti-gay bias barred under current law

UNITED STATES, Pennsylvania: On 04 November 2016, US District Judge Cathy Bissoon rejected a request to dismiss a case filed by the U.S. Equal Employment Opportunity Commission on behalf of Dale Baxley, a former telemarketer at the Pittsburgh-based Scott Medical Health Center who says he was harassed on the job for being gay and forced to resign. The case will now proceed.
• Memorandum Order: United States Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C. Case No. 2:16-cv-00225 PDF 201.97kb 04 NOV 16

04 November 2016

Unacceptable discrimination between unmarried heterosexuals and gay couples

ITALY: On 05 June 2016 the new civil uions law came into force guaranteeing that should a cohabitating partner die, a pension of the dead partner (for example a disability pension) can be transferred to the partner who has survived him/her. This is not the case, however, for heterosexual couples, where legal marriage is a requirement for such a pension (of a dead person) to be transferred to his/her surviving spouse.
French court fines politician for using word from Bible to describe homosexuality

FRANCE: On 02 November 2016, the Court of Appeals of Paris reportedly convicted French politician and former housing minister Christine Boutin of ''hate speech'' when she called homosexuality an ''abomination'' in an interview with the high-brow political magazine Charles in March 2014. The Court imposed a fine of 5,000 euro (more than $5,500 USD), as well as 2,000 euro each in damages to three gay associations, ''Mousse'', ''Le Refuge'', and ''Inter-LGBT''.

03 November 2016

Tom Doyle Wins Halt to Sale of Home He, Husband of 56 Years Shared

UNITED STATES, New York: On 01 November 2016, Judge Nora Anderson in the Manhattan Surrogate Court issued a temporary injunction preventing four nieces and nephews of William Cornwell from selling the townhouse at 69 Horatio Street, New York County that he purchased in 1979 and where he lived in a garden apartment with his partner Tom Doyle beginning in 1961. The partners were unmarried and Cornwell had left the property to Doyle in his Will, which was defective having only one witness.
Calling a homophobe a homophobe is 'defamation', France rules

FRANCE: On 03 November 2016, it was reported that the Cour d'Appeal ordered Laure Pora, formerly president of the Paris branch of the AIDS Coalition to Unleash Power (ACT UP), to pay €800 to anti-LGBTI group La Manif pour tous and judicial cost of €1,500 for putting up posters showing the logo of La Manif Pour Tous as well as pictures of La Rochère with the word ''homophobe'' brandished across them.
Customs Agent Cleared in Snafu With Gay Couple

UNITED STATES, California: On 02 November 2016, the Court of Appeals for the Ninth Circuit cleared US Customs and Border Protection agent Frank Burnett of alleged civil rights violation and discrimination against administrative law judge William Kocol and architect Timothy Gajewski by singling them out at Los Angeles Airport on their return from a trip to Mexico because they were a same-sex couple. The district court properly dismissed the first cause of action on the basis of qualified immunity because plaintiffs failed to allege that defendant Burnett violated a constitutional right that was clearly established at the time of the conduct in question.
• Memorandum: William G Kocol, Timothy A Gajewski v. The USA, Frank Burnett No. 14-56149 PDF 367.39kb 02 NOV 16
Queensland Parliament votes to allow same-sex couples, singles to adopt

AUSTRALIA, Queensland: On 02 November 2016, the Parliament narrowly passed the ''Adoption and Other Legislation Amendment Bill'' (43 ayes, 43 noes, with the Speaker casting his vote with the ayes). The Bill will enable allow same-sex couples, single people and those undergoing fertility treatment to adopt once it is signed into law.

02 November 2016

She was denied custody because 2 women can't make a child, judge says

UNITED STATES, Mississippi: On 18 October 2016, in divorce proceedings between Kimberly Jayroe Strickland Day and Christina Strickland, Judge John S Grant III in the Rankin County Chancery Court was of the opinion that the IVF child Zayden could not have three parents, two women and the father, reasoning that it is impossible for two women to have a child. The Judge awarded the parties a divorce, awarded custody of the child Zayden to Kimberley subject to visitation rights granted to Christina, she also paying child support and ordered both parties divide Zayden's school expenses equally.
• Final Judgment of Divorce: Kimberly Jayroe Strickland Day v. Christina Strickland No. 61CH:15-cv-02370 PDF 251.09kb 18 OCT 16
Lesbian couple in condo case entitled to legal fees, appeals court rules

UNITED STATES, Illinois: On 28 October 2016, Appellate Court of Illinois upheld the lower court's decision finding that the 7355 South Shore Drive Condominium Association discriminated against Pat Gilbert and Vernita Gray contrary to the Fair Housing Ordinance by preventing Gilbert from buying a unit in the building because she was white and a lesbian and ordered the condo association to pay a total of $3,300 for emotional distress, compensatory damages and fines to the couple and to the city of Chicago, as well as to cover attorney fees, which amounted to $68,109.05. The Court upheld the awarding of the fees.
• Order: 7355 South Shore Drive Condominium Association and Shelley Norton v. The City of Chicago Commission on Human Relations, Pat Gilbert and Vernita Gray No. No. 1-14-0686 PDF 43.21kb 28 OCT 16
Gay man wins £16k damages after enduring years of slurs from colleague

UNITED KINGDOM, Northern Ireland: On 18 October 2016, Employment Judge Murray in The Industrial Tribunal in Belfast awarded John Ferguson £16,600 compensation for injury to his feelings as a result of his having suffered bullying and discrimination in the form of harassment on grounds of sexual orientation for multiple homophobic comments and gestures directed to Ferguson by Mr Stuewe, a director of both respondent companies.
• Decision: Ferguson v. Concierge Practitioners NI Limited and CPNI Amubulance Services Limited No. 02238/15IT PDF 391.48kb 18 OCT 16

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