January 2018

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11 January 2018

European Court of Justice rules Romania must give residency to gay man's partner

ROMANIA: On 11 January 2018, the Eiropean Court of Justice Advocate General Melchior Wathelet found that under the EU’s freedom of movement directive, the term ''spouse'' includes same-sex partners and that Romania must give residency to the same-sex partner of one of its citizens, despite Romania not recognizing same-sex marriage.
• Opinion of Advocate General: Relu Adrian Coman, Robert Clabourn Hamilton & Anor v. The General Inspectorate for Immigration, Ministry of Interior, National Council for Combating Discrimination Case C-673/16 HTML 11 JAN 18

10 January 2018

Transgender Student’s Discrimination Suit Is Settled for $800,000

UNITED STATES, Wisconsin: On 10 January 2018, the school board for the Kenosha Unified School District was reported to have voted 5-2 to pay $800,000 to settle a lawsuit filed by a transgender student Ashton Whitaker who said he was forbidden from using boys bathrooms at George Nelson Tremper High School in Kenosha and felt degraded by administrators.
City adopts anti-discrimination law protecting LGBT rights

UNITED STATES, Kentucky: On 09 January 2018, the Paducah City Commission voted 4-1 to repeal and replace the Human Rights Commission ordinance (chapter 58 in the Paducah Code of Ordinances) to include an anti-discrimination ordinance that protects the rights of gay, lesbian and transgender residents.
Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender ''Forced Divorce'' Laws

AUSTRALIA, National: On 10 January 2018, BuzzFeed reported on a hangover issue from before marriage equality where, for example, NSW law requires transgender people to meet four criteria to change their legal sex: be over 18; have their birth registered in the state; have undergone gender affirmation surgery; and be unmarried. The ''unmarried'' element (and perhaps surgery) is now inappropriate and all Australian states and territories (except SA and the ACT) must, within twelve months, abolish the ''forced divorce'' laws barring married transgender people like G from changing their legal sex.
Unlawful homosexual vilification complaint partially upheld

AUSTRALIA, New South Wales: On 10 January, the New South Wales Civil and Administrative Tribunal ruled that a complaint alleging unlawful homosexual vilification in a YouTube posted by John Sunol stating that Garry Burns was a ''child molesting faggot'' was substantiated in part and listed the matter for a directions hearing on 16 January.
• Reasons for Decision: Burns v. Sunol [2018] NSWCATAD 10 HTML 10 JAN 18

09 January 2018

Inter-American Court endorses same-sex marriage

COSTA RICA: On 09 January 2018, the Inter-American Court of Human Rights ruled that same-sex marriage should be recognized, delivering a verdict binding on most Latin American states -- some of which still hold traditionalist views opposing such unions. The decision in response to a motion lodged by Costa Rica in May 2016. The ruling is legally binding in Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname and Uruguay.
• Consultative Opinion (in Spanish): Requested by the Republic of Costa Rica OC-24/17 PDF 1.19MB 24 NOV 17
Supreme Court denies refugee status for bisexual Ugandan woman

TAIWAN: On 07 January 2018, Hon. Justice Kim Shin in the Supreme Court's first division reversed a ruling recognizing the refugee status of 29-year-old bisexual Ugandan woman ''A'' and returned the case to Seoul High Court. It marks the second time a lower-court verdict in favor of recognizing refugee status for an LGBT individual was reversed by the Supreme Court, after a case last year involving a gay Egyptian man.

08 January 2018

Supreme Court Lets Mississippi Anti-LGBT Law Stand

UNITED STATES, Mississippi: On 08 January 2018, the US Supreme Court denied certiorari (review) of the constitutiona validity of House Bill 1523, signed into law by Governor Phil Bryant on 05 April 2017.
• Order List: 583 U.S.: Certiorari Denied No. 17-547 PDF 298.72kb 08 JAN 17 at page 4
India's high court to review law that bans gay sex

INDIA: On 08 January 2018, the Supreme Court reportedly announced that a three-judge bench of Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud will review a ruling four years ago upholding the constitutional validity of a penal code that criminalizes same-sex relations between consenting adults, saying the ''case requires reconsideration''.

05 January 2018

Taipei court rejects third lesbian couple

TAIWAN: On 04 January 2018, the Taipei High Administrative Court reported handed a setback to lesbian couple Jennifer Lu ( ) and Chen Ling ( ) when it decided the court cannot order local government offices to register their same-sex marriage saying, relevant amendments legalizing same-sex marriage have not yet cleared the legislature and therefore local authorities had no legal basis to approve the plaintiffs’ marriage application.

04 January 2018

Washington State Offers Third Gender Option on Birth Certificates

UNITED STATES, Washington: On 04 January 2018, the state Department of Health announced that state residents who don't identify as male or female will be able to choose X as their gender on birth certificates starting 27 January. The rule removes an existing requirement of a doctor's letter. Minors who want to change their designation must have written consent of their parent or legal guardian and documentation from a licensed health care professional.
• Rule-Making Order: CR-103P (October 2017) (Implements RCW 34.05.360) WSR 18-02-048 PDF 162.03kb 27 DEC 17
Germany's Federal Court of Justice declares transgender woman legal father of child

GERMANY: On 04 January 2018, the Federal Court of Justice (BGH) upheld a lower court ruling in a case on the legal definition of who is a child's mother or father ruling a transgender parent who donated sperm before becoming a woman cannot be the child's mother, a distinction only given to the person who gives birth.
• Decision (in German): In the Civil Status Case No. XII ZB 459/16 HTML 04 JAN 18

02 January 2018

Judge refuses to order school to suspend transgender policy

UNITED STATES, Illinois: On 29 December 2017, Judge Jorge Alonso in the US District Court denied a Motion for Preliminary Injunction allowing the Palatine Township High School District 211to continue a policy that enables transgender students to use bathrooms and locker rooms of their choice, pending a further status hearing on 08 February 2018.
• Memorandum Opinion and Order Students and Parents for Privacy v. United States Department of Education et al. No. 16-cv-4945 PDF 84.92kb 29 DEC 17

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