April 2019

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18 April 2019

Ontario’s decision to repeal the sex-ed curriculum doesn't violate transgender girl’s rights, tribunal rules

CANADA, Ontario: On 12 April 2019, the Human Rights Tribunal of Ontario dismissed the argument that the government was discriminating against an 11-year-old sixth-grader - identified only as AB - by not including mandatory lessons on gender identity in the curriculum at the time she filed the complaint, saying a separate court decision in favour of the government made the girl's complaint moot.
Settlement Reached in Lawsuit Brought by Lesbian Teacher against Hesperia USD

UNITED STATES, California: On 18 April 2019, it was reported that a settlement agreement had been reached with Hesperia Unified School District (HUSD) in the employment discrimination lawsuit brought on behalf of Julia Frost, a lesbian teacher who supported LGBTQ students as co-advisor of the students' Gay-Straight Alliance club while teaching English at Sultana High School. Ms. Frost will receive $850,000.

17 April 2019

Military academies begin to follow military transgender ban

UNITED STATES, Federal: On 17 April 2019, it was reported that the US Naval Academy in Annapolis currently accepts transgender students and retains midshipmen who transition to another gender but will ban people who are transgender from attending the school, beginning with the 2020 school year. The US Coast Guard has also implemented the new policy, as of April 12 saying that past medical treatment, such as gender-reassignment surgery or hormone therapy, may disqualify future applicants from joining up unless their doctor says they can demonstrate three years of ''stability in his/her biological sex immediately before applying to serve''. The Air Force Academy will conform with Defense Department policy when admitting future cadets which means transgender people can serve ''in their biological sex'' if they meet Defense Department standards for that sex. People who have had cross-sex hormone therapy, sex reassignment surgery or genital reconstruction surgery are disqualified.

15 April 2019

Navy allows transgender sailors to dress according to gender identity while off duty

UNITED STATES, Federal: On 19 March 2019, a signal signed by Vice Admiral Robert Burke, clarifies that there is no policy prohibiting servicemembers to ''express themselves off-duty in their preferred gender''. ''Appropriate civilian attire, as outlined in the uniform regulations, will not be determined based on gender''. Deployed sailors may be restricted in off-duty attire choices ''to meet local conditions and host-nation agreements with foreign countries'' at the discretion of regional commanders and senior officers.
Signal: Interim Guidance for Service in the Navy by Transgender Persons and Persons with Gender Dysphoria HTML 19 MAR 19

11 April 2019

Swiss Supreme Court orders historic revote on family tax breaks

SWITZERLAND: On 11 April 2019, it was reported that the Supreme Court annulled the 'For marriage and family - against the marriage penalty' referendum result, ruling that the government had failed to provide correct information to voters on the proposal and ordering a revote. The government misreported that 80,000 married and registered couples were in line to benefit from reduced taxes, whereas it was 454,000 couples. Married couples, must file their taxes jointly rather than individually, which can mean a higher tax bill than they would have had as a cohabiting couple.
Ducey signs law repealing teaching restriction considered anti-LGBTQ

UNITED STATES, Arizona: On 11 March 2019, the state Senate voted 19-10 to pass Senate Bill 1346 and Governor Doug Ducey signed it minutes later. The Bill repeals a controversial 28-year-old law prohibiting HIV and AIDS instruction that ''promotes a homosexual lifestyle''.

10 April 2019

Ashwin Raj: Same-Sex Marriage Not A 'Right'

FIJI: On 10 April 2019, the Director of the Human Rights and Anti-Discrimination Commission Ashwin Raj reportedly expressed the view that international human rights law does not necessarily recognise same sex marriage as a right, based on the (quaere: 24 June 2010) European Court of Human Rights finding (quaere: in the case of Case of Schalk and Kopf v. Austria) that the European Convention of Human Rights does not include the right to marriage for same sex couples and equality on the grounds of sex and gender may be delivered as long as the marital status does not carry with it legal rights which are not available to unmarried couples.
Tasmania makes gender optional on birth certificates after Liberal crosses floor

AUSTRALIA, Tasmania: On 10 April 2019, the legislature passed the Justice and Related Legislation (Marriage Amendments) Bill 2018. The Bill makes gender on birth certificates optional, removes the requirement for transgender people to have surgery in order to have their gender recognised and enables 16-year-olds and older to change their birth registered gender without parental approval.
'Very Important Precedent': Russian Court Rules Transgender Woman Was Fired Illegally

RUSSIA, Vladimir Oblast: On 09 April 2019, the Frunze District Court reportedly ordered a printing house to give Anna Grigoryeva her job back and pay her 10,000 rubles ($155) for moral damages as well as 1.8 million rubles ($27,800) in overdue wages. Grigoryeva worked at the printing house for 10 years as a man but was fired in 2017 after she re-registered with the authorities as a woman.
Same-sex marriage - Cayman Islands Appeal Court grants stay

CAYMAN ISLANDS: On 10 April 2019, the Court of Appeal granted a stay of the same-sex marriage ruling of Chief Justice Anthony Smellie in the Grand Court. President of the Court of Appeal Sir John Goldring said the court accepted that it risked creating a legal anomaly if same-sex couples were allowed to marry and the Chief Justice's decision was later overturned on appeal.
Transgender activist wins High Court battle to force Mumsnet to reveal identity of user who 'made defamatory comments about her' - after a mother was arrested for calling her a man on Twitter

UNITED KINGDOM, England & Wales: On 08 April 2019, Mr Justice William Davis ordered Mumsnet Limited to provide Stephanie Hayden with the identity of user 'ALittleHelp18' who allegedly abused, harassed and defamed her.
• Order: Stephanie Rebecca Hayden v. Mumsnet Limited No. QB-2019 JPEG 111kb 08 APR 19

08 April 2019

Probate Code Section 859 Provides a Double Size Hammer

UNITED STATES, California: On 18 January 2019, the Court of Appeals of California considered the Probate Code section 859 providing that the wrongdoer ''shall be liable for twice the value of the property recovered'', and may be liable for legal expenses incurred to recover the property, if you can prove the wrongdoer took the asset in bad faith, through undue influence, or through the commission of financial elder abuse, providing guidance as to calculating ''twice the value''.
Opinion: Conservatorship of the Person and Estate of Joseph E Ribal. Linda Rogers v. Lu Tuan Nguyen No. G056105 Word 18 JAN 19
Massachusetts becomes 16th state to ban 'ex-gay' therapy for youth

UNITED STATES, Massachusetts: On 08 April 2019, Governor Charlie Baker reportedly signed Bill HR140 into law making it unlawful for health care providers to attempt to change ''the sexual orientation and gender identity'' of any patient younger than 18. Massachusetts is the 16th State to do so.
Transgender man sued Colorado tire company that wouldn’t hire him, gets $60K and an apology

UNITED STATES, Colorado: On 08 April 2019, A&E Tire Inc., settled the claim of discrimination on the basis of sex and for not conforming to gender stereotypes filed by the US EEOC on behalf of Egan J Woodward, agreeing to pay $60,000 with a denial of liability. Woodward was offered a job but after checking female on a drug test form the company hired another individual who applied later.

05 April 2019

Peru Court Recognizes Legal Marriage of Lesbian Couple

PERU: On 22 March 2019, the Superior Court of Justice in Lima ruled in favor of lesbian couple Susel Paredes and Gracia María Aljovín who sued the National Registry of Identification and Civil Status for refusing to register their 2016 marriage, which took place in Miami, Florida. The Court found that since the couple were married abroad, and Peru's Constitution does not expressly or tacitly restrict marriage between persons of the same sex, the legal criteria must redound to international norms set by the Inter-American Court of Human Rights.
Sentencia (in Spanish): Susel Ana María Paredes Pique and Gracia María Francisca Aljovin de Losdada v. Registro Nacional de Identificación y Estado Civil (en adelante RENIEC) y el Ministerio de Justicia, MINJUS No. 10776-2017 PDF 315.62kb 22 MAR 19

04 April 2019

Court orders stay in case of transgender Idaho inmate’s surgery

UNITED STATES, Idaho: On 20 March 2019, the US Court of Appeals for the Ninth Circuit ruled the Idaho Department of Correction does not have to provide gender confirmation surgery to transgender inmate Adree Edmo, aka Mason Edmo until it says otherwise. Oral argument is expected to be scheduled in May 2019.
• Order: Adree Edmo aka Mason Edmo v. Corizon Inc, et al., and Idaho Department of Corrections No. 19-35017, 19035019 PDF 289.38kb 20 MAR 19
Mormon church drops anti-LGBT policy from 2015, saying children of same-sex couples now can be baptized

UNITED STATES, Utah: On 04 April 2019, Dallin Oaks, a member of the church's First Presidency, reportedly announced at a conference in Salt Lake City that the Mormon church will no longer consider same-sex couples ''apostates'' and will allow their children to be baptized into the church without special approval from church leaders.

03 April 2019

Montana Human Rights Bureau sides with transgender Montanan in discrimination complaint

UNITED STATES, Montana: On 27 March 2019, the Montana Human Rights Bureau found that transgender woman Eleanor Maloney experienced unlawful discrimination during her time as an employee for Yellowstone County, being denied healthcare insurance cover for sex/gender reassignment surgical procedures.
• Recommendation: Eleanor Maloney v. Yellowstone County, Scott Twito, Yellowstone County Board of Commissioners Nos. 019002, 019003, 019004 PDF 5.29MB 27 MAR
Cayman Islands Government Appealing Same-Sex Marriage Ruling

CAYMAN ISLANDS: On 03 April 2019, Premier Alden McLaughlin reportedly told Parliament that the government has instructed Attorney General Samuel Bulgin to file an appeal with the Court of Appeal and seek a stay of execution of the same-sex marriage judgment pending the outcome of that appeal.

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