GayLawNews™

September 2017

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13 September 2017

Same-sex marriage campaign laws banning vilification pass the Senate

AUSTRALIA, Federal: On 13 September 2017, the Senate (upper house) was reported to have passed special laws to regulate the conduct of the same-sex marriage debate by banning vilification and intimidation and include offences against bribery and threats with potential fines as high as $12,600. The bill will now heads to the House of Representatives before it is passed into law.
High Court: Ad can promote Arab and LGBT rights, but not gay marriageISRAEL: On 13 September 2017, Justices Elyakim Rubinstein, Hanan Melcer and Anat Baron in the High Court of Justice were reported to have upheld the Second Authority for Television and Radio's disqualification of the word ''marriage'' in a public service announcement celebrating Arab and LGBT equality which refers to same-sex marriage, saying that same-sex marriage is Israel is still very much in dispute.

11 September 2017

Same-sex marriage law apology

JERSEY: On 08 September 2017, Chief Minister Ian Gorst apologised for the 'unforeseen delay' in introducing same-sex marriage legislation that would not now be introduced before the end of the year, contrary to previous plans.

08 September 2017

Malta introduces 'X' gender marker in official documents

MALTA: On 05 September 2017, it was reported that the government had introduced the option for its citizens to choose an ''X'' gender marker on official documents - including passports, identity cards and residence permits as from 06 September.

07 September 2017

Major victory for transgender marriage in Cape High Court

SOUTH AFRICA: On 06 September 2017, Western Cape High Court Judge Ashley Binns-Ward ruled that individuals have the right to amend their gender description even if they were married as heterosexuals, finding the conduct by the Department of Home Affairs infringed on the applicants' rights to administrative justice, equality and human dignity and was inconsistent with the department's constitutional obligations. The court also found the department's request to two of the applicants to divorce in order to alter the sex description of one of them was unlawful and the director general was ordered to reinstate the marriage within 30 days of the order.
• Judgment: KOS, MMC, et al. v. Minister of Home Affairs, et al. [2017] ZAWCHC 90 PDF 453.32kb 06 SEP 17
SSM: High Court rules Government can run same-sex marriage postal survey

AUSTRALIA, Federal: On 07 September 2017, the High Court of Australia dismissed the challenges to the postal survey on same-sex marriage and awarded costs against the challengers. The postal survey will now proceed with survey forms being mailed to eligible voters on the electoral roll between the 12th and 25th September. Recipients are urged to return their survey forms by 27 October and no later than 07 November. The result is expected to be declared at 11:30 a.m. on 15 November 2017.

05 September 2017

Ex-Hasidic mom who lost kids for being gay wins them back

UNITED STATES, New York: On 16 August 2017, the New York Supreme Court Appelate Division modified the 29 May 2015 order of Eric I Prus, J. granting Naftali Weisberger sole custody and religiosu upbring of the three children of the marriage and limiting visitation by the mother, Chava Weisberger, contrary to stipulation of settlement terms, giving Chava full custody again. The couple divorced on 2009 after Chava told Naftali she was attracted to women.
• Opinion and Order: Chava Weisberger v Naftali Weisberger D53005 PDF 89.52kb 16 AUG 17
European Court Says Companies Should Inform Employees of Email Checks

ROMANIA: On 05 September 2017, the European Court of Human Rights ruled that companies need to make sure that employees are aware in advance of management monitoring of their work email accounts. The judges found that Romanian courts failed to protect Bogdan Barbulescu's private correspondence because his company had not given prior notice that it was monitoring his communications. The company had presented him with printouts of his private messages to his brother and fiance on Yahoo Messenger as evidence of his breach of a company ban on such personal use.
Judgment: Barbulescu v. Romania No. 61496/08 HTML 05 SEP 17

04 September 2017

Draft bill criminalizes incitement to discrimination violence

CHILE: On 04 September 2017, President Michelle Bachelet reportedly signed a bill that adds a new article to the Penal Code, in order to ''punish whoever publicly, or by any means suitable for its public dissemination directly incites physical violence against a person or group of people, whether on the basis of race, national or ethnic origin, sex, sexual orientation, gender identity or beliefs''.

03 September 2017

Romania to hold same-sex marriage referendum this autumn: ruling party leader

ROMANIA: On 03 September 2017, ruling Social Democrats party leader Liviu Dragnea reportedly said the party hoped to organize an autumn referendum to restrict the constitutional definition of family, which would effectively rule out the possibility of legalizing same-sex marriage.

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