same-sex marriage
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BERMUDA: ‘A right that the LGBTQI+ community enjoyed for four years has been stripped away’
CIVICUS speaks about the recent court decision on same-sex marriage in Bermuda with Adrian Hartnett-Beasley, a founding board member of OUTBermuda.OUTBermuda is a civil society organisation that promotes and supports the wellbeing, health, dignity, security, safety and protection of the LGBTQI+ community in Bermuda. It provides educational resources on issues of diversity, inclusiveness, awareness and acceptance of LGBTQI+ people, and advances human rights, conflict resolution and equality and diversity in Bermuda.
What is the significance of the recent court ruling declaring the ban on same-sex marriage constitutional? How has it affected LGBTQI+ people in Bermuda?
In March 2022, Bermuda’s highest judicial body, the Privy Council’s Judicial Committee, sided with the government of Bermuda, stating that it may regulate and restrict marriage licences only to unions between a man and a woman. According to the judgement, this does not violate the Bermudian Constitution. It would have violated the Human Rights Act of 1981 if the Bermuda Government had not amended it to allow discrimination on grounds of sexual orientation.
This judgement reversed previous decisions that starting in 2017 made it possible for same-sex couples to get legally married in Bermuda. As a result, a right that we as a community enjoyed for four years was stripped away.
We don’t have survey data, but the general feeling of disappointment is palpable. Our community and our allies are disappointed that this fundamental human rights issue was ever made political in the first place, first with an irresponsible referendum held in 2016 – a non-binding consultation that failed due to low turnout – and then again by successive administrations who used our community as leverage in two electoral campaigns.
We are still reviewing the case, but overall, we have concerns that our constitution has failed us and what this means, if people are paying attention, is that our constitution is not fit for purpose anymore.
How was OUTBermuda involved in the case, and what will it do next?
OUTBermuda was heavily involved throughout the process. We ran very successful arguments at the Supreme Court, the Court of Appeal and the Judicial Committee of the Privy Council, with the guidance and hard work of our legal teams. We believe our leadership and standing helped bring together a consortium of plaintiffs, which together supported the novel and intricate legal arguments being made before the courts, including two churches and a couple of individuals – together encapsulating a broad range of perspectives, as reflected in the evidence we submitted to the courts.
In its former life, that is, before it became a registered charity, OUTBermuda was known as Bermuda Bred and successfully sued the Bermuda government in 2015 to secure some immigration rights for non-Bermudian same-sex partners to live and work on the island. As a result of that victory, its members pivoted the organisation into OUTBermuda and registered it as a charity. The organisation has been leaning into the empty space in which the LGBTQI+ community had no voice ever since.
This adverse ruling does not change that. We will continue to advocate for equality, justice and dignity for all LGBTQI+ Bermudians. If anything, the negative decision of the court highlights that OUTBermuda must continue its work.
What other challenges do LGBTQI+ people face in Bermuda?
The issues we face are as diverse as the community itself. At the core of all of it is acceptance; without acceptance, our community is subjected to unfair and illegal housing discrimination, which alongside family disapproval results in young people having nowhere to live and having higher rates of drug and alcohol abuse. Not surprisingly, this leads to members of our community staying in the closet longer, or at least being less comfortable about being themselves in public. All of this ends up resulting in our community not reaching its collective full potential.
OUTBermuda gets requests for help regularly, and this is the typical story we hear over and over. Marriage has been one, very public, issue but it’s by no means the only one – probably not even the most important one. We will continue working to educate people, including our political leaders, about the human rights of LGBTQI+ people. The next government must re-amend the Human Rights Act to reinstate the full protection of sexual orientation.
How much progress has the LGBTQI+ rights movement achieved so far? Have you experienced any anti-rights backlash?
We have made a lot of progress. When we started litigating for same-sex marriage, polls showed a slight majority of Bermudians were against it, and within five years, when same-sex marriage became legal, a clear majority supported it.
A poll we conducted in 2020, three years into same-sex marriage being legal, showed that 92 per cent of Bermudians believed that LGBTQI+ people deserved human rights protection, 95 per cent believed we deserved civil rights protection, 53 per cent were in favour of same-sex marriage and 72 per cent thought that a church should be allowed to perform a wedding between two consenting adults. An overwhelming majority of 75 per cent opposed the government spending more money on litigation to ban same-sex marriage, while a mere three per cent claimed they had been negatively affected by same-sex couples being able to marry, adopt or live together.
But this progress was met with backlash, particularly by organisations such as Preserve Marriage, which grew markedly since the early days of the public debate on marriage equality. They are well-organised and well-funded and are reacting quite violently to the evidence that public perceptions on all LGBTQI+ issues is increasingly more accepting.
What kind of support would Bermudian LGBTQI+ civil society need from their international counterparts?
Bermudian LGBTQI+ civil society, while physically isolated – more than 600 miles away from North Carolina – is fortunate to have great internet accessibility, so resources are easy to access and connections are easy to make. OUTBermuda as an organisation has been fortunate to receive the support of comparable – but larger and more sophisticated – organisations overseas in the form of resources, ideas and solidarity. As we have just hired our first employee – a part-time executive director – we are looking forward to building out those relationships and capitalising on the great work that has already been done in other jurisdictions – while still doing it the uniquely Bermudian way.
Get in touch with OUTBermuda through itswebsite or itsFacebook page, and follow@OUTBermuda on Twitter.
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BOTSWANA: ‘We must strategise so that we don’t merely react to crises and anti-rights action’
CIVICUS speaks about the struggle for LGBTQI+ rights in Botswana with Dumiso Gatsha, an LGBTQI+ activist and founder of Success Capital.Success Capital is a youth and feminist-led organisation working to strengthen youth agency and autonomy in human rights and sustainable development while challenging power, privilege and patriarchy through intersectionality. Its approaches include participatory research, peer-to-peer knowledge sharing and advocacy.
Has the 2019 High Courtruling that decriminalised same-sex relations led to improvements?
The 2019 ruling had structural effects: by declaring the criminalisation of same-sex intimacy unconstitutional, it eliminated not only the possibility of prosecution but also the excuse that was often used to exclude LGBTQI+ people from service delivery. It affirmed our existence as Batswana, Africans and people and heralded a new field of untapped opportunities for improving the lives of all people in Botswana, not only LGBTQI+ people.
Documented instances of violence against queer people in social settings, hate speech and intolerance online have increased. This doesn’t mean violence itself has increased – only that it is now more visible. Decriminalisation has improved the environment to report on and seek redress for human rights violations, injustices and inequities.
However, there has also been backlash, and violence may be on the rise as a result of the higher visibility, agency and advocacy by LGBTQI+ people.
It’s true that in Botswana there weren’t any immediate negative reactions to the High Court ruling, unlike in countries such as Kenya or Namibia, where progressive judgements elicited immediate protest action. But, reflective of wider and broader anti-gender ideology influences, earlier this year there have been protest marches led by churches, a whole four years after the High Court ruling. This means that for those opposed to LGBTQI+ rights, the matter is far from settled.
The anti-rights reaction was triggered by a member of parliament’s request to consult with churches on the procedural steps parliament needed to take to amend the Penal Code in line with the 2021 ruling by the Court of Appeal that upheld the High Court’s decision. From what we understand, this ruling was needed to finally put the matter of decriminalisation to rest, having ensured that all processes had been exhausted within Botswana’s jurisdiction.
Representatives of churches and members of parliament questioned the very essence of our democracy. They publicly threatened politicians in a pre-election year, bringing confusion about the democratic process and denouncing our existence as citizens who have rights.
The strength of the backlash despite the time that has passed shows that decriminalisation is only the beginning. It is not the solution or end point in fulfilling human rights, but it serves as a basis for much-needed interventions in social, cultural, institutional and public participation spaces.
How has civil society, and your organisation in particular, responded?
Fighting back has been a slow and protracted process because of limited resources. Botswana’s higher middle income country status and narrow avenues for civil society engagement have meant that the gains made from decriminalisation could not be strategically amplified across the human rights, sexual and reproductive rights and democratic landscape.
Success Capital has less than five per cent of the resources that more prominent civil society organisations have. This means grassroots, hidden and hard-to-reach communities and constituents are left behind – notably in more rural, climate-affected and impoverished areas, where queerness, migrant status, disability, sex work status and being an ethnic minority are all second to socioeconomic status and the need to secure a livelihood.
Our constituents didn’t feel threatened by the anti-LGBTQI+ protests, which is reflective of their resilience and agency. But this was a moment to gauge how unprepared philanthropy is to respond to backlash and regressive attempts. I was shocked when a funder asked me what I was doing about it while knowing full well that they had delayed disbursing funds aimed at removing human rights barriers for LGBTQI+ people.
Still, we commemorated Pride and helped host the Changing Faces Changing Spaces conference organised by the East African Sexual Health and Rights Initiative, for which we helped secure visas and provided advice to LGBTQI+ people and sex workers from across Africa. We worked in solidarity with East African groups in the context of increasing anti-LGBTQI+ sentiments, engaged in strategic policy-oriented dialogue with other civil society leaders, made a solidarity visit to Namibia and networked to ensure that we would be prepared for whatever came next. None of this was externally funded – it was pure feminist decolonial action underpinning our belief in our own freedom, with or without decriminalisation.
Has there been any change in the state of public opinion in Botswana on LGBTQI+ rights?
The Afrobarometer survey has noted some improvements in public opinion, but intolerance and hate speech remain prevalent. National-level data is not always reflective of the situation in local and grassroots communities. Language, socioeconomic status and the availability of services all contribute to how people in Botswana participate and perceive different issues.
For example, in our own community engagements in rural locations we have noted that abortion is mostly accepted on the basis of an understanding of the challenges experienced by many who end up pregnant. However, more than one abortion is frowned upon. And we see similar nuances across sexual orientation, sex characteristics and gender identity issues. For instance, feminine queer men tend to be tolerated more than trans women, as are masculine lesbian women giving birth, while bisexual men are emasculated online. Social parameters are too wide to be readily captured without meaningful resources and political will to ensure all LGBTQI+ people are included in state policy and programming.
Have you experienced any negative repercussions from your work?
Yes. Invitations have been rescinded and scrutiny increased. We are policed on who can be invited to take part in social participation mechanisms that include government officials. We are denied an audience despite fulfilling all the necessary steps in writing invitations, submitting proposals and following up through the hierarchy. For instance, we applied for approval for civil society participation in the 2023 World Bank-International Monetary Fund Spring meetings, and despite receiving permission from parliamentary caucuses, a ministry interrogated us on what we wanted to do and why we wanted to attend.
We had our email address blocked to prevent us submitting future statements to the United Nations. We have been denied funding for being too radical, and calling out funders has not really worked for us.
I’ve had several encounters with law enforcement. The first happened when a fellow volunteer was strangled and I recorded audio of the incident before police confiscated my phone. We are exploring a case on this at the moment. The second happened when a trans colleague was questioned because how she presented was not the same as the gender stated on her identity card. And more recently, we were told of plainclothes police in non-branded cars patrolling and possibly shooting people who don’t stop on highways when instructed to in the middle of nowhere. This kind of policing is harmful, unlawful and abusive, and is being used to target LGBTQI+ people without any accountability.
Where do these restrictions come from?
Some restrictions we’ve faced reflect a regional landscape in which LGBTQI+ networks have shut down, limiting representation, and a global trend in which eligibility, visa and logistical support have only worsened, limiting civil society participation in advocacy and governance mechanisms.
Civil society in Botswana is not immune from these trends. Even within the Global Fund mechanism, the most prominent enabler of those fighting for sexual health rights, delays have taken up most of the current financial year, compromising eight months of service provision.
I think we are underestimating the reach of anti-rights groups. Although global anti-rights influences have existed for decades, domestic counterparts have recently grown emboldened and are increasingly well resourced. Botswana’s higher middle income country status reflects a skewed and unequal income distribution and hides the fact that the few with capital and wealth side with the conservative, morally driven powerholders and are not afraid to deploy their influence against human rights activists. Criminalisation is good business for the politicians that also run corporations. Inequality is good news for those with means and power to subjugate those left behind.
How do you connect with LGBTQI+ rights movements abroad and internationally? What international support do you receive, and what further support do you need?
LGBTQI+ activists are dynamic and diverse. Success Capital has always engaged in collaborative knowledge sharing, linking with other initiatives and sharing the space in advocacy sessions, side events and mobilising actions. We take pride in unearthing young, emergent and nascent activists and movements that operate in the margins and sharing our platform with them. This helps us continue and challenge conversations in rooms we can’t access or engage in.
Since decriminalisation, international support has been quite high. It has, however, been skewed. It has followed a hierarchy that’s reflective of wider trends, with more institutionalised groups having easier access to funding and benefitting from the development industrial complex the most. Grassroots organisations continue to be left behind, lacking institutional or long-term funding.
Solidarity is like sunshine – everyone deserves some. That’s why the ecosystem needs to be steered towards collaboration. And it must focus on strategising so that we don’t merely react to crises and anti-rights action, but we take the initiative in the struggle for our rights.
Civic space in Botswana is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Success Capital through itswebsite orFacebook page, and follow@ProSuccessBW on Twitter.
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JAPAN: ‘Links between politics and the religious right have impeded progress on LGBTQI+ rights’
CIVICUS speaks with Akira Nishiyama, executive officer of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).J-ALL was founded in 2015 to advocate for legislation to remove the barriers LGBTQI+ people experience due to their sexual orientation or gender identity in Japan. It focuses on raising awareness among the public, producing research and convening consultations, developing policy proposals and lobbying with government officials and legislators.
What is the situation of LGBTQI+ people in Japan?
LGBTQI+ people are estimated to make up between three and 10 per cent of Japan’s population. Many are closeted for fear of discrimination and prejudice. According to recent research, over half of teenagers who identify as LGBTQI+ have been bullied, and only about 10 per cent of LGBTQI+ people are able to come out at their workplace. The rate of LGBTQI+ people who have considered suicide is about twice as high as among their heterosexual counterparts and the rate of those who attempt suicide is six times higher – and 10 times higher among transgender people.
Such a vulnerable status is caused by the absence of a law at the national level that prohibits discrimination on grounds of sexual orientation and gender identity (SOGI) and raises awareness of LGBTQI+ and SOGI issues. We believe that an anti-discrimination law would enable us to solve social problems such as bullying and SOGI-based discrimination due to prejudice or misunderstanding and effectively deter and remedy human rights violations. It would force governmental agencies, educational institutions and private companies to prepare preventive schemes so that SOGI-related human rights violations would not take place, and make consultation services available.
Additionally, Japan’s Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder sets strict conditions to change one’s legal gender status. Under this law, a person with a so-called ‘gender identity disorder’ must be diagnosed by two or more psychiatrists and must fulfil five conditions to request the family court to make a ruling towards change of their gender status, which is still thought of in binary terms: they must be above 18 years of age, not be married at the time of the gender change, have no children who are still minors, have no reproductive glands, or only reproductive glands that have permanently lost their function, and have body parts that appear to resemble the genitals of the other gender.
These conditions are considered too strict compared to those of other countries. In 2015, 12 United Nations organisations issued a joint statement asking the Japanese government to ensure the legal recognition of the gender identity of transgender people without such abusive requirements, but the Japanese government has not yet made any moves in that direction.
What work does J-ALL do?
J-ALL was established in April 2015 in response to a call from politicians and the LGBTQI+ community to reach a consensus and make effective policy recommendations. For the previous decade or so, civil society organisations (CSOs) in Japan had been lobbying separately on LGBTQI+ and SOGI-related issues.
J-ALL is an umbrella organisation with 96 member CSOs from throughout Japan. It is run by directors who are leaders of CSOs in various regions. Its secretariat is managed by executive officers who specialise in lobbying, public relations and international affairs, as well as student interns.
Our lobbying activities have succeeded in pushing forward several SOGI-related laws. For instance, in October 2018 the Tokyo Metropolitan Government adopted an ordinance that protects LGBTQI+ people from SOGI-based discrimination in line with the Olympic Charter. This ordinance clearly stipulates anti-discrimination based on SOGI and was the first ordinance of its kind at the prefectural level.
In addition, in May 2019 the Japanese government amended the law on harassment. The amended version requires private entities and municipal governments to set guidelines to prohibit harassment and outing based on SOGI in the workplace.
As the only CSO aimed at proposing SOGI-related bills, J-ALL is pushing politicians and governmental officers at both national and municipal levels by working together with Rengo – the Japanese Trade Union Confederation and a member of the International Trade Union Confederation – eminent scholars and researchers of labour law and international human rights law, and activists fighting to eliminate all kinds of discrimination, including discrimination against women. In recent years, around 40 companies have signed a statement to support the LGBT Equality Law, which would ban anti-LGBTQI+ discrimination. Economic federations have also declared the necessity for legislation on SOGI.
Have you faced any anti-rights backlash?
As the social movement to promote the rights of LGBTQI+ people has grown, backlash by religious right-wing groups, ultra-conservative politicians and trans-exclusionary radical feminists (TERF) groups has also grown. For instance, several politicians gave discriminatory speeches against LGBTQI+ people in response to discussions regarding the anti-discrimination bill agreed on by LGBT Giren, a nonpartisan political caucus set up to discuss SOGI-related human rights violations in 2021. Bashing against transgender women and LGBTQI+ people based on heteronormativity, conventional understandings of the family and stereotypical images of women are prevalent in both the real world and the internet.
Japan has not made much progress on gender inequality, let alone LGBTQI+ rights and SOGI-related issues. This is because the Japanese government is closely connected with religious right-wing groups based on the values of male chauvinism and a patriarchal view of the family. Because of these close ties, ruling politicians have long ignored the existence of people with diverse sexualities and gender identities and have sustained a social system that lacks SOGI-related education and allows for SOGI-based human rights violations. As a result, LGBTQI+ people face wide-ranging challenges such as prejudice, bullying and harassment, and victims of SOGI-related human rights violations are not protected by the law.
We believe that Japanese civil society needs to recognise this connection between mainstream politics and the religious right in order to tackle human rights issues in earnest. It is also important to learn about which groups of people are marginalised by the current social systems built by the majority and what kind of human rights violations they face, and to take actions such as electoral participation and making public comments based on these concerns.
How is civil society working to achieve marriage equality, and what was the significance of the recent verdicts of the Sapporo and Osaka district courts?
There is a CSO, Marriage For ALL Japan, that has been working actively and specifically to achieve the legalisation of same-sex marriage in Japan. In 2019 this organisation filed lawsuits in five districts – Fukuoka, Nagoya, Osaka, Sapporo and Tokyo – and has been conducting awareness-raising activities across the nation.
In March 2021, the Sapporo District Court ruled that not allowing same-sex marriage was unconstitutional. After a careful scrutiny of the scientific and medical arguments currently used to deny legal benefits to same-sex couples, the Sapporo District Court reasoned that the failure to allow ‘even a certain degree’ of legal benefits to same-sex couples based on their sexual orientation is against Article 14 of the Constitution, which stipulates equality under the law. Although the court dismissed the plaintiffs’ claim for compensation, its verdict was viewed as a step that would surely accelerate the movement to legalise same-sex marriage in Japan.
But then in June 2022, the Osaka District Court concluded that not allowing same-sex marriages does not violate Article 14, given that the legal disadvantages faced by same-sex couples can be compensated by wills or other means. In addition, the court emphasised that the gap between the benefits enjoyed by heterosexual and same-sex couples has been minimised by the recognition of same-sex partnerships at the municipal level. This, however, overlooks the fact that the municipal system of partnership recognition is not legally binding.
The Osaka District Court also claimed that the ‘true’ elimination of discrimination and prejudice should be achieved by constructing a social system through the democratic process of free discussion by the people. This was criticised by civil society as an abdication of the judiciary’s crucial role as the bastion of human rights. Also under fire is the court’s claim that marriage is purely for the purpose of reproduction.
How can the international community support LGBTQI+ people fighting for their rights in Japan?
Since 2020 J-ALL has been running a global campaign, Equality Act Japan (EAJ), alongside Human Rights Watch and other global human rights organisations. We would like you to sign the petition found in our website to ask the Japanese government to enact the LGBT Equality Act.
If you are a private company, we will appreciate your cooperation in adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of the EAJ campaign.
Last but not least, we would be happy if you could join us by checking out the current situation in Japan, follow our activities through our website or social media, and support us through a one-time or a monthly donation.
Civic space in Japan is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with J-ALL through itswebsite orFacebook page, and follow@lgbthourengokai on Twitter. -
TAIWAN: Same-sex marriage legalisation a joint effort of government and civil society
In May 2019 Taiwan became the first nation in Asia to legalise same-sex marriage. CIVICUS speaks to Minister Audrey Tang about this historical decision and about her role in connecting government with civil society. Audrey Tang is Taiwan’s Digital Minister and the first transgender official in the state’s top executive cabinet.
When you were appointed back in 2016, you became the youngest minister without portfolio in the history of Taiwan. Do you see yourself as a bridge between generations, and between government and society?
Certainly. My work is primarily as a channel between social innovators and people in the public sector who are willing to co-create toward common goals.
Intergenerational solidarity is also very important, as is the capability to listen to the plurality of cultures on the Taiwan islands.
As Digital Minister, what roles do you think the internet and communications technologies can play in enabling people’s participation in decision-making? How have you worked with civil society from your government position?
‘Broadband as a human right’ is at the core of the government’s policy. Our idea is to bring technology into the spaces where citizens live, rather than expect citizens to enter the space of technology. The government must first trust the people with agenda-setting power; then the people can make democracy work.
Taiwan's national participation platform has hosted 10.6 million unique visitors — almost half of Taiwan’s population — since its launch in 2015. Anyone can begin an e-petition on the platform. Once a case has 5,000 signatures, the relevant ministries must respond in public.
As Digital Minister, I have established a network of Participation Officers in each ministry. They serve as links between the public and the public sector, and as channels for inter-agency collaboration. Whenever a proposal is raised, a collaborative meeting can be held, with participants from government departments and the public invited to join the discussion and jointly create new policies.
So far we have held more than 50 collaborative meetings. We gathered stakeholders to find solutions, including to improve the experience of filing income tax, the allocation of medical resources in remote towns and balancing fishery and marine biodiversity in national parks.
The Presidential Hackathon is another good example of an initiative that brings Taiwan’s public and private sectors together to solve urgent problems. At the event, the first of which was held in 2018, teams of hackers — composed of either private citizens or government workers — compete to design the most innovative improvements to the nation’s public services. Instead of prize money, the best teams receive a promise from the government that it will apply their ideas.
The legalisation of same-sex marriage in Taiwan was a historic first for the whole of Asia. What role did the government and civil society play in the process?
On 17 May 2019 – the International Day against Homophobia, Transphobia and Biphobia, the Legislative Yuan – Taiwan’s parliament – passed the Enforcement Act of Judicial Yuan Interpretation #748 after three readings. This achievement, made in Taiwan, was a historic first in all of Asia, and was not fulfilled overnight. It took the efforts of both government and civil society.
In 1986, Chi Chia-wei married his same-sex partner in the USA and held an international press conference. In March 2013, he and his partner went to Taipei City Wanhua District Household Registration Office to register for marriage but were declined. After losing the lawsuit, both he and the Taipei government requested an interpretation by the Constitutional Court to determine whether the provisions of Chapter II on Marriage of Part IV on Family of the Civil Code, which did not allow two persons of the same sex to be married legally, violated the Constitution.
In October 2016, a French professor at Taiwan University, Jacques Picoux, jumped off his apartment building and died. When his partner, Tseng Jing Chao, passed away, many problems arose concerning the medical procedures and real estate transfer before and after his death due to the fact that the two people were not legally married. The death of Jacques Picoux drew great attention to the issue of equal marriage in Taiwan society, and the once stagnated progress same-sex marriage law legislation sped up.
This was not the only driver of change. In April 2000, Yeh Yong Jhih at Pingdong County Gaoshuyuan Middle School committed suicide. He had suffered from school bullying because of his feminine temperament. This unfortunate accident drew much public attention.
The Gender Equity Education Committee of the Ministry of Education formed an investigation team, which issued a report calling on the Ministry of Education to pay attention to gender problems. The draft of the Gender Equality Education Act included clauses on sexual orientation, sexual traits and sexual identity, and was renamed the Gender Equity Education Act and passed by the Legislative Yuan on 23 June 2004. The Act rules that: schools must respect the gender traits and sexual orientation of students and teaching staff; schools must not discriminate on the basis of gender or sexual orientation in their enrolment and admission conditions; students should not be treated differently for their gender or sexual orientation; schools should actively offer help to students in bad situations as a result of their gender or sexual orientation.
As well as this, another relevant legal change came: in order to ensure the right to work of LGBTQI people, the Gender Equality in Employment Law was renamed the Act of Gender Equality in Employment in 2007 to add provisions to protect LGBTQI people from discrimination.
In 2003, the Taipei government gave support to the first LGBTQI protest organised in the whole of Asia, gathering more than 2,000 participants. Ma Ying-jeou, who was then Mayor of Taipei and went on to become President, said that Taipei as an international city should respect individuals from different ethnicities and cultures. The following day, widespread media reporting helped raise acceptance of the LGBTQI community in Taiwan. Since then, this event has been organised regularly on the last Saturday of October every year. In 2018, a total of 137,000 people took part in the demonstration.
In 2015, Taiwan’s President, Tsai Ing-wen, then a presidential candidate, publicly expressed her support for marriage equity on the eve of the annual LGBTQI demonstration. On 20 May of the same year, the Kaohsiung government accepted the registration of same-sex couples; Kaohsiung was the first municipality to accept registration. Following that, all special municipalities and some cities and counties accepted registration one after another. After the announcement of the Judicial Yuan Interpretation #748 in 2017, the Ministry of the Interior announced the opening of registration for same-sex marriage nationwide, and allowed administration across cities.
On 24 May 2017, the Judicial Yuan Interpretation #748 ruled that the restriction of marriage as being between a male and a female was in violation of the Constitution. The authorities were requested to amend or enact the laws as appropriate within two years. The president of the Executive, Yuan Su Tseng-chang, communicated with ruling party legislators personally and went through countless discussions and compromises to see the Enforcement Act of Judicial Yuan Interpretations #748 finally pass the third reading on 17 May 2019 and come in force on 24 May.
However, before this, in 2018, people opposing same-sex marriage launched a referendum to prevent an amendment to the definition of marriage in the Civil Code. Civil groups who support same-sex marriage organised volunteers to give out leaflets and deliver short speeches on the street.
The 2018 referendum drew wide support. This caused anxiety in the LGBTQI community. As cases of self-mutilation and suicides were reported, supporters of same-sex marriage worked to provide support and deliver political speeches.
To what extent do you think public opinion supports same-sex marriage in Taiwan? Has the issue been divisive, and if so, how can the two different points of view be reconciled?
Taiwan has gone through more than 30 years of LGBTQI campaigning since 1986. The issue of same-sex marriage aroused many different opinions in society, and caused cracks and intense discussions within families, generations and even religious groups.
In 2015, the Institute of Sociology of Taiwan, Academia Sinica, published the Basic Survey of Social Changes in Taiwan, which showed that the percentage of supporters and opponents to the question that ‘homosexuals should have the right to marriage’ was 59 per cent and 41 per cent respectively, while among people with higher education and young people, the support rate was higher than 80 per cent. In November 2016, the Taiwanese Public Opinion Foundation published a poll that found that 46.3 per cent of citizens were in favour of the legalisation of same-sex marriage, 45.4 per cent were opposed and 8.2 per cent were neutral.
During the 2018 referendum, opponents and supporters not only debated vehemently at referendum explanation conferences that were broadcast live, but also launched information ‘wars’ via social media. They raise funds to buy commercial advertisements to express themselves through print media, loudspeaker vans, radio and magazines. As the referendum attempted to delay the progress of same-sex marriage, debates and clashes were ubiquitous in society. The divergence lies in the fact that same-sex marriage was an issue of human rights, as the Judicial Interpretation indicated, but the referendum meant to remind people to consider the thoughts of traditionalists and religious people.
On the day of the third reading of the Enforcement Act, president Tsai Ing-wen said: “I know that passing this Act does not mean there won’t be disputes any more. But I invite the opponents to look at supporters, and supporters to look at opponents. Our faces are not so obnoxious.” This is a long journey. We have finally reached this point, but this is not the end. I hope it will be a starting point of a more inclusive Taiwan society. Taiwan needs to work hard, learn how to understand and co-exist, to let difference no longer bring divergence.
How have groups opposed to same-sex marriage reacted to the new law?
The Judicial Interpretation meant that the scope of the debate was limited: everyone agreed about respecting the judgement; the focus was on what kind of law – proposing a new law or amending the Civil Code – should be made to protect same-sex marriage, and how far it should go.
Opponents of same-sex marriage proposed a version of a ‘same-sex cohabitation law’, defining people in same-sex relationships as ‘same-sex family members’ and allowing them to form a family without getting married or having the right to adopt. Other rights of family members such as property relationships and legacy distribution could be legalised as long as there were written agreements.
They suggested that the results of the 2018 referendum should be adopted, and raised the question: the referendum reflects the opinions of 7.65 million people but the Interpretations are made by 10. Which one matters more?
They insisted that the Enforcement Act of Judicial Yuan Interpretation #748 was not consistent with the 2018 referendum’s proposal. They believed that proposals for change would destroy the meaning of marriage regardless of the wills of 7.65 million citizens. Therefore, a few protests were organised.
However, after the 2018 referendum, the Legislative Yuan published a news release clarifying that the legal foundation of the referendum launched by groups opposing same-sex marriage could not contradict the Judicial Interpretation #748, stating that: “Two persons of the same sex creating a permanent union of intimate and exclusive nature for the purpose of living a common life is freedom of marriage and right to equality guaranteed by the Constitution.”
Groups opposing same-sex marriage believe that 24 May 2019, the day the Act came into force, was the darkest day of legislation. So on the same day, they declared that they had formed a party to select 10 candidates for legislators to compete with the legislators that supported the Act.
Do you think the implementation of the new law will help change attitudes towards LGBTQI people? What else needs to be done?
The implementation of the Act made Taiwan the first in Asia in terms of guaranteeing LGBTQI rights, but we are only halfway there. Embracing each other, respecting differences and refusing discrimination are still important areas for our government to learn and act on. Yuan Su Tseng-chang said in public after the third reading of the Enforcement Act that in spite of our differences in beliefs and value, he hoped colleagues in the government set themselves as examples, treat everyone equally when providing services, do not make discriminatory comments or actions, and welcome every couple who come for registration with joy and blessings.
Due to the implementation of the Enforcement Act Taiwan has not yet carried out a large-scale effective poll to understand public attitudes; both international and domestic media are reporting positively, but negative news sometimes appears in online media. For example, in September 2019, the Ministry of National Defense announced that three same-sex couples were signing up for the joint military wedding of the National Army. It was the first time that the Ministry of National Defense had allowed same-sex soldiers to participate in the joint wedding. After the news was released, although many people online expressed their congratulations to the LGBTQI soldiers, some discriminatory remarks and personal attacks eventually caused two couples to give up.
What else is the government doing to try to ensure the rights of LGBTQI people?
The implementation of the Enforcement Act marked the beginning of governmental service. There are still challenges that require relevant departments to propose supporting measures. At the same time, establishing a social environment that is gender diverse and free of discrimination is also a goal we must achieve by learning and making progress.
Both Taiwan and the European Union (EU) are committed to promoting gender equality and human rights. Both have kept on conducting close exchanges since 2015, and established a three-year EU-Taiwan Gender Equality Cooperation and Training Framework in 2018. With Taiwan as the platform, other countries in the region covered by the Taiwan government’s New Southbound Policy and Japan and South Korea as the core, together with the EU as a learning partner, we are conducting a wide range of exchanges on gender equality policies and experience.
In 2019, the EU-Taiwan Gender Equality Cooperation and Training Framework was initiated. Working with the European Economic and Trade Office, we organised an exchange seminar on marriage equality and the protection and promotion of LGBTI human rights before the LGBTQI demonstration in October 2019.
By bringing together EU and Asian government officials, civil society figures and experts and scholars for substantive exchanges and discussions, we hope to expand Taiwan's international perspectives and building gender-diverse human rights in Taiwan by sharing current EU and Asian same-sex marriage equality policies and learning about experiences, progress and challenges in establishing gender-friendly measures and promoting the human rights of LGBTQI people.
We hope that with the experience of other countries as a mirror, we will have closer exchanges and cooperation with the international community in promoting the human rights of LGBTQI people and supporting each other. This will stimulate the promotion and implementation of gender-diverse human rights in Asian countries and spread the seeds of hope of having zero discrimination.
In addition, the Executive Yuan has set ‘eliminating gender stereotypes and prejudice’ as a priority between 2019 and 2022, guiding ministries to promote people's recognition and acceptance of gender diversity and gender-diverse families. Further, through a gender equality performance counselling and assessment mechanism, the promotion of rights to gender diversity and of gender-diverse families will be incorporated into the assessment indicators of ministries and local governments, so as to actively promote gender equality.
In order to promote the understanding of and respect for LGBTQI people by public officials and the public, so that they can understand and respect different genders, sexual orientations and gender identities, Taiwan has also developed digital teaching materials on the protection of rights to gender diversity, which include themes on understanding LGBTQI people, gender equality law in employment and discrimination cases recognised by the Gender Equity Education Act. This is a digital reference for people becoming public servants, and for experts and scholars.
There is more work to do on same-sex marriage. At present, when a Taiwanese citizen wants to marry a foreign same-sex partner in Taiwan, because the foreign country may not recognise same-sex marriage, we will not be able to issue valid marriage certificate documents and verify the documents by our resident office to prove their marriage relationship and its legal status. It is still necessary for the court to further explain how same-sex marriage applies the Foreign-related Civil Law Application Act.
Further, article 20 of the Enforcement Act of Judicial Yuan Interpretation #748 only stipulates that one of the partners in a same-sex marriage can adopt the child of the other partner. However, at present, many same-sex couples in our society use methods such as adoption and surrogacy to have children, establish families and have a common life. Even if one of them is not a biological parent, they bear the responsibility for caring for the children. If the biological father dies, based on the best interests of the child, the partner is still subject to overall consideration by the authorities, in order to comply with the principle of equal rights and to protect the rights of same-sex families and their children.
What else needs to be done to strengthen the role that civil society plays in Taiwan? And how can civil society and other stakeholders outside of Taiwan better assist Taiwanese civil society representatives to have their voices heard in international and multilateral arenas?
The adoption of civic innovations in the public sector requires a system for regulation, maintenance and accountability. It is imperative that the government, civil society and private sector organisations come together to form a collaborative ecosystem to amplify our collective impact.
The United Nations report, The Age of Digital Interdependence, outlines a practical roadmap for such partnerships that aligns with our values of ‘norm-first’ architecture.
As for highlighting Taiwan social sector's contributions to international community, I'd encourage more people make use of the #TaiwanCanHelp hashtag — see the recent clip A True Friend for one example.
Civic space in Taiwan is rated as ‘open’ by the CIVICUS Monitor.
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THAILAND: ‘Marriage equality is likely to pass – and inspire change in other Asian countries’
CIVICUS speaks about the progress being made toward legalising same-sex marriage in Thailand with Mookdapa Yangyuenpradorn, an LGBTQI+ activist and Human Rights Associate at Fortify Rights.
Founded in 2013, Fortify Rights is a human rights civil society organisation (CSO) working to bring laws, policies and practices in line with human rights standards through evidence-based research, strategic truth-telling and empowerment.
Why are there currently four different bills in parliament aimed at legalising same-sex marriage?
LGBTQI+ marriage is such a significant issue in Thailand today that bills to legalise it have been submitted to parliament simultaneously by the government and other political groups. It is unusual and encouraging to see political parties competing to propose changes that would benefit LGBTQI+ people.
Out of the four bills up for consideration, one was submitted by the government, two were submitted by political parties, the Move Forward Party and Democratic Party, and another was submitted by civil society. The one submitted by the cabinet and approved by the prime minister takes precedence over the rest.
The civil society bill was initiated by the Rainbow Coalition for Marriage Equality, which brings together numerous CSOs. It was developed at the grassroots level and drafted and submitted on behalf of Thailand’s LGBTQI+ people. It successfully made its way into parliament, with its authors securing seats in the readings as discussions progressed. It is uncommon for a bill proposed by civil society to enter parliament, so this is a very positive development.
The civil society bill is also more progressive than the other three because it ensures parental rights for LGBTQI+ people and proposes a transitional procedure to allow LGBTQI+ couples to register their marriages and enjoy spousal rights while other relevant laws are still being revised and amended, rather than make them wait until all of the process is finished.
Still, the primary objective is consistent across all four bills: they all seek to amend the civil and commercial code, which now defines marriage as a union between man and woman and grants them the status of ‘husband and wife’, by replacing these gendered words with the gender-neutral expressions ‘individuals’ and ‘spouses’. This simple change will enable LGBTQI+ people to register their marriages.
How have LGBTQI+ activists advocated forthe bill?
The constitution establishes that if a bill is proposed by a group of citizens or civil society groups, representatives from the initiating group should be involved with the parliamentary committee working on the bill. This provided space for LGBTQI+ activists to participate in the legislative process and advance their agenda. The Rainbow Coalition for Marriage Equality has played a crucial role in presenting a unified and consolidated stance on marriage equality in parliament. The activists currently engaged in discussions have been advocating for this bill for over a decade.
As an advisor to the committee drafting the marriage equality bill, I provide expert opinions from the perspective of human rights law and international standards. For instance, I make sure the bill aligns with the International Covenant on Civil and Political Rights, among other international conventions and treaties, and incorporates good practices and advanced protections found in the laws of countries with marriage equality.
What are the prospects of the same-sex marriage bill being passed?
The bill will likely be passed, although it will take some time. The legislative process in Thailand involves three readings in the House of Representatives, the elected 500-member lower house of the National Assembly, followed by three readings in the Senate, the appointed upper house. Proposed legislation then undergoes scrutiny by the Constitutional Court and is ultimately signed into law by the king, then published in the Royal Gazette.
The marriage equality bill is currently in its initial stage in the lower house. It successfully passed its first reading in December 2023 and is now undergoing its second reading. All four bills are now being examined and consolidated into a single version. The second reading is expected to finish by early March, after which the final bill will proceed to the third reading in the lower house before advancing to the Senate.
The bill’s adoption seems highly likely because civil society’s decade-long public campaigning has succeeded in getting marriage equality included on Thailand’s main political agenda. Despite some challenges, prospects for adoption have gradually and steadily increased. The prime minister and cabinet have expressed their support and opposition to the bill has decreased. I believe it is just a matter of time until the bill becomes law and comes into force.
What impact would the passage of this law have for LGBTQI+ struggles?
Marriage equality is a lot more than a mere administrative process of signing papers. It’s about securing the rights of LGBTQI+ couples to adopt children together and be recognised as legal parents. It’s also a matter of life and death if an LGBTQI+ person is in an accident and their partner must give permission for them to undergo surgery or other medical procedures. Ultimately, the fight for marriage equality is about enabling LGBTQI+ people to live normal lives and form families. This is the true meaning of marriage equality that we are fighting for and the message we strive to convey to society.
The legalisation of LGBTQI+ marriage would further raise awareness about LGBTQI+ issues in society, setting a solid stage for advancing other LGBTQI+ rights. It would be a firm first step towards full legal recognition of the rights of LGBTQI+ people, including parenting and inheritance rights, as well as equal social rights and other benefits currently enjoyed only by heterosexual couples. Moreover, a gender recognition bill is in line for parliamentary consideration.
I also hope that the achievement of marriage equality in Thailand will inspire change in other Asian countries. We learned a lot from the experience of Taiwanese LGBTQI+ activists, who were the first to achieve legalisation of same-sex marriage in Asia, and I hope others will be able to learn from us too.
Do you expect conservative backlash to happen?
During the previous government led by the military junta, the regime attempted to project an image of Thailand as open to LGBTQI+ people, but reality told otherwise, as it disregarded LGBTQI+ rights and treated LGBTQI+ people as a deviant group with special needs. A 2021 constitutional court ruling even referred to LGBTQI+ people as a ‘special species’ that needs to be singled out and studied. This reflected the state’s views of LGBTQI+ people. Similar attitudes are occasionally present among the public, particularly among older generations, who still need to understand and get used to society becoming more inclusive and open.
Islamic parties are likely to pose the biggest threat of conservative backlash. They have so far either abstained or voted against the marriage equality bill in parliament, but their current representation is low. However, in southern Thailand, where Islamic beliefs have significant political and cultural influence, there is potential for unequal implementation of the bill once it is passed.
On a positive note, public attitudes toward LGBTQI+ people have improved over the past few years and discussions about LGBTQI+ rights, gender equality and social inclusion have become common on social media platforms. This positive shift can be attributed to the continuous efforts of LGBTQI+ activists in running public awareness campaigns.
What international support do you need to further advance LGBTQI+ rights in Thailand?
Based on my experience of organising protests on the ground, access to resources is key to advancing our cause, since these are scarce at the grassroots level of LGBTQI+ activism. Local activists, often students and young people who are not affiliated with renowned human rights organisations, play a crucial role as change-makers. However, limited funds hinder many young activists from becoming full-time human rights defenders, threatening the sustainability of the LGBTQI+ movement. I believe that for the movement to move forward sustainably, it is crucial to establish connections with international donors and explore ways to form a coalition of Thai LGBTQI+ activists to amplify our voices on the international stage.
We are all passionate about claiming our rights, but passion alone is not enough. LGBTQI+ activism needs resources and support to continue to mobilise and sustain the movement.
Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.
Get in touch with Fortify Rights through itswebsite orFacebook page, and follow@FortifyRights and@mdpyy on Twitter.
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TURKS AND CAICOS ISLANDS: ‘Advancing LGBTQI+ rights requires advocacy, awareness-raising and a concerted effort to foster a culture of inclusion’
CIVICUS speaks with Tim Prudhoe, a lawyer with Stanbrook Prudhoe, about a legal challenge brought against discriminatory legislation against LGBTQI+ people and the struggle for equal rights of same-sex married partners in Turks and Caicos Islands (TCI).
Stanbrook Prudhoe is a law firm specialising in complex and cross-border cases in the Caribbean region.
What legal action are you involved in?
Since 2021 we have been representing Tim Haymon, a US citizen, and Richard Sankar, a Turks and Caicos Islander, in legal proceedings against the TCI government. The case is now up on appeal after findings of breaches of rights protected under the TCI constitution. The couple married in Florida in 2020, but Tim has been denied an exemption from the need to obtain a work permit, although that exemption is available to the spouse of a Turks and Caicos Islander. There is no definition of ‘spouse’ under the relevant immigration legislation and the definition used in the letter of refusal referenced the marriage legislation. The Marriage Ordinance treats same-sex marriages as void.
The refusal of the spousal exemption was by the Director of Immigration. Tim and Richard brought proceedings against him alleging breaches of the protected rights of equality before the Law, the right to family and private life and freedom from discrimination on the basis of sexual orientation.
The trial took place in November 2022 and the decision was delivered in March 2024. The TCI Supreme Court upheld two of our three claims, finding violations of the constitutional rights to private and family life and to protection against discrimination on the basis of sexual orientation. However, the court did not uphold the claim of equality before the law. That is the subject of an appeal that will be heard on 23 and 24 October.
The government has also appealed. Although it relied on no evidence during the trial, it now disputes any findings of constitutional breach. The government’s legal team remains headed by Ivan Hare KC of Blackstone Chambers in London, UK. Colours Caribbean, an LGBTQI+ rights organisation, successfully applied to join the appeal as an interested party.
Before the claims were first started, Tim and Richard offered to abandon their legal action if the government enacted civil partnership legislation giving same-sex couples the same rights and benefits as opposite-sex couples. Unfortunately, this offer was ignored. Our appeal document itself repeats that offer. When we first made that offer, we even provided the government with a copy of the Cayman Islands legislation recognising civil partnerships as a precedent they could work from. But, again, no response.
The Supreme Court’s decision was a significant step forward for LGBTQI+ rights in TCI. Former TCI Premier Michael Misick criticised it publicly, calling for Richard to have his Turks and Caicos Islander status revoked. If successful, the government’s appeal would be a major setback for equality. Either way, the outcome will have broader implications for LGBTQI+ rights across the Caribbean.
What’s the status of LGBTQI+ rights in TCI, and what difference have recent Privy Council rulings made?
The status of LGBTQI+ rights in TCI has a long way to go still. The government’s reliance on traditional moral standards and recent rulings on marriage issues by the UK Privy Council, the final court of appeal for TCI and other British Overseas Territories, are significant barriers to the advancement of LGBTQI+ rights.
Recent Privy Council rulings on same-sex marriage in Bermuda and the Cayman Islands have significantly influenced the discourse on LGBTQI+ rights in TCI. The combined appeal on the right to marry in the Ferguson case in Bermuda and the Bodden Bush case in the Cayman Islands is particularly noteworthy.
In Bermuda, same-sex couples had the right to marry for a period before the law was changed. Marriages already performed remained valid, but no new marriages could be celebrated – a situation that led to a case being taken to the European Court of Human Rights on the grounds that those left out were in practical effect facing discrimination. The Privy Council ruled that marriage was a unique legal institution and those jurisdictions could decide the scope of marriage without violating their constitutions.
This gave us an insight into the Privy Council’s position. However, we distinguished our case in TCI by focusing on recognition of equivalent legal rights rather than the establishment of a right to marry. The government argued we were trying to introduce the right to marry via the back door, because of the attempt to invoke the spousal exemption from immigration restrictions.
The Privy Council’s decision, which confirmed that jurisdictions can define marriage, wasn’t that surprising. TCI’s constitution, like Cayman’s, includes a preamble about TCI being a God-fearing nation. The government’s arguments in TCI appeal rely heavily on this. This is pretty odd, in light of the fact that it failed to present any actual evidence at trial.
Despite these challenges, the LGBTQI+ community and its advocates continue to press for equality and recognition, reflecting a wider struggle in many small jurisdictions.
What are the challenges for LGBTQI+ activism in TCI?
A major challenge is stigma, which is keenly felt in a place as small as TCI. Despite the presence of people who identify as LGBTQI+, there isn’t a well-developed community infrastructure such as gay pubs or clubs. There’s been a slight improvement in visibility following recent decisions, but it hasn’t yet become a significant movement. For example, there’s now anticipation for an upcoming gay pride event, a notable first for the TCI, albeit modest, as a boat trip during Gay Pride Week in June.
Living as an LGBTQI+ person in TCI often means necessarily leading a discreet life. While there are both locals and expatriates in same-sex relationships, such partnerships are not flaunted or embraced as a popular lifestyle choice. Rather, they tend to remain private, perhaps implicitly acknowledged by the community but not openly discussed.
There’s a complex interplay between legal processes and government responses. Despite government appeals against decisions concerning LGBTQI+ rights, such actions are influenced by political dynamics, particularly when elections are approaching. The electorate consists solely of Turks and Caicos Islanders and has strong opinions on issues such as same-sex marriage, which politicians must navigate with caution.
Constitutional protections theoretically guard against discrimination, but practical enforcement is uncertain. While legal recourse exists in principle, instances of intimidation and hostility, such as aggressive media commentary or social media harassment, deter people from pursuing anti-discrimination cases.
In essence, while there is a legal framework to combat discrimination, the challenges of social stigma, political sensitivities and intimidation hinder progress towards full LGBTQI+ equality in TCI.
What role has civil society played in the case?
We’ve worked with the Pride group that’s recently emerged. Although not gay myself, I was pleased to attend their meeting to have a chance to explain relevant parts of the legal challenge. I have been a friend of Richard for many years, and more recently Tim as well.
The only outside group involved was Colours Caribbean, whose involvement in the Cayman case I had been aware of for some time. When they heard of our legal victory, despite ongoing appeals from both sides, they approached us to join the proceedings. We don’t control their involvement, but the fact that we haven’t objected to it apparently influenced the court’s decision to give them a speaking role in the October appeal.
What are your expectations?
I expect that Tim and Richard will win their appeal on the failure by the judge to deal with the equality before the law claim. Whatever the outcome of the government’s appeal, I expect that the British government will have to exercise its power of override, as it did in the Cayman Islands context, to introduce civil partnership recognition legislation. In TCI, the Governor, a British-appointed official, has a constitutional power to legislate in the best interests of the jurisdiction. For example, previous governors have forced through legislation decriminalising same-sex sexual activity – a move still resisted in other parts of the Caribbean.
I think our success will primarily relate to the anti-discrimination aspect of the lower court judge’s decision. Right now, we are in a perplexing situation: the judge has agreed with our argument that Richard and Tim’s constitutionally protected rights are being violated but he stopped short of implementing the necessary remedial measures.
This creates a glaring inconsistency: existing violations are acknowledged but no remedy is provided. So if another same-sex couple were to seek spouse treatment, they would be denied the exemption, even though the Court has recognised this as a breach of constitutional rights. It is unlikely that the Court of Appeal will accept this situation. We argue that the judge made a fundamental mistake in finding breaches but not proposing remedies. Moreover, the judge’s criticism of our approach fails to recognise alternative ways of remedying the situation, such as amending immigration laws to include same-sex couples in the eligibility criteria for spousal exemptions.
The delay in the judge’s decision, despite mounting pressure, suggests a rushed outcome in the end. It appears that in his haste, the judge failed to thoroughly explore possible solutions to the violations identified. I therefore anticipate that the Court of Appeal will scrutinise the lower court’s handling of the case and consider remedies in line with constitutional obligations.
What are the next steps?
The trajectory of progress depends heavily on the outcome of the Court of Appeal hearing. It’s unlikely a decision will be made immediately after the hearing, given the complexity and scale of the case. As we have argued that the lower court judge erred in his decision, the matter could be escalated to the Privy Council for constitutional review.
However, in terms of broader progress and the continued advancement of LGBTQI+ rights, increased visibility and public awareness are paramount. The greater the exposure and discussion surrounding the case, particularly at the appellate level, the more likely it is that attitudes will evolve positively. Increased awareness fosters confidence within the LGBTQI+ community, encouraging people to live more openly and authentically.
Historically, many people who identify as LGBTQI+ have felt compelled to leave TCI and seek more accepting environments abroad, primarily in cities in the UK or the USA. This trend underscores the prevailing reluctance to accept LGBTQI+ identities in the local context. It will undoubtedly take time to overcome this suspicion and foster a culture of acceptance, but progress is evident and ongoing.
It is my hope as a legal practitioner that church groups engage in this discussion in a constructive and inclusive way, avoiding regressive interpretations of religious doctrine. Such interpretations, rooted in outdated beliefs, only serve to hinder progress. It’s worth noting that TCI, essentially a tourist destination, relies heavily on its reputation as a progressive and welcoming place. Failure to address LGBTQI+ rights risks tarnishing this image, with negative implications for tourism and therefore for economic prospects.
Advancing LGBTQI+ rights in the TCI requires ongoing advocacy, awareness-raising and a concerted effort to foster a culture of inclusion and acceptance within the local community and wider society.
Get in touch with Stanbrook Prudhoe through itswebsite and connect with Tim Prudhoe onLinkedin.
