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LGBTIQ

LGBTIQ / LGBTQIA+ legal topics involve rights related to sexual orientation, gender identity, and expression, including protections against discrimination, access to healthcare, family recognition, and asylum protections.

Application by Court of First Instance to Annul Second Paragraph of Article 40 of the Turkish Civil Code

The application was made by the First Instance Court handling a case where a transgender man requested to change his gender assignment in the civil registry from “female” to “male.” The First Instance Court applied to the Constitutional Court for the annulment of the second paragraph of Article 40 of the Turkish Civil Code stipulating that amendments to be made in the civil registry to reflect the gender identity of the person whose gender assignment

Arrêté royal du 26 avril 2024 portant sur l’octroi d’un subside à l’asbl « European LGBT Police Association » pour le projet « Rainbow Cops »

The Royal Decree of 26 April 2024 Granting a Subsidy to the Non-Profit “European LGBT Police Association” for the “Rainbow Cops” Project, grants a subsidy to the non-profit European LGBT Police Association to cover certain costs related to the “Rainbow Cops” project. This decision forms part of the Belgian national budget and supports the association’s initiatives at the European level.

Article 15 New York Human Rights Law

The Human Rights Law is New York’s primary civil-rights statute. It bars discrimination in employment, housing, public accommodations, credit, and education on the basis of sex, sexual orientation, gender identity or expression, marital status, familial status, pregnancy-related conditions, and other protected traits. The statute also recognizes sexual harassment as unlawful sex discrimination. These provisions form the foundation of gender-equality protections throughout the state.

Attorney General of Botswana v. Rammoge

The Court of Appeal held here that the Department of Civil and National Registration’s refusal to register Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) was an unjustifiable limitation of its members’ rights. The Court of Appeal held that the right to form associations to advocate for legal change is a fundamental component of the right to freedom of assembly and association, and it dismissed the Department of Civil and National Registration’s argument that LEGABIBO’s objectives were contrary to public morality and would encourage the commission of criminal offenses.

Avioliittolaki (234/1929, muutoksineen)

Marriage Act (234/1929, as amended)

The Marriage Act of Finland was revised in 2017, after which the Marriage Act became gender-neutral. The Marriage Act ensures equal rights to marry regardless of gender identity, allowing two adults to enter into marriage. The term "spouse" is used in civil ceremonies instead of "husband" and/or "wife.” Additionally, the law allows registered partnerships to be converted into marriages and allows same-sex married couples to adopt children together.

Baby A and The Cradle-The Children Foundation v. Attorney General, Kenyatta National Hospital, and the Registrar of Births and Deaths

Baby “A” was born with both male and female genitalia. Kenyatta National Hospital issued the baby’s mother with various documents used in the process of carrying out genitogram tests, x-rays, and scans on the baby, and a question mark was entered in the column indicating the child’s sex. To date, the child has never been issued a birth certificate. The petitioners requested a declaration of the court that the Constitution protects and recognizes intersex children.

Barnes v. City of Cincinnati

The plaintiff-appellant, a transgender police officer, applied to be promoted to sergeant within the Cincinnati Police Department. The plaintiff passed the sergeants exam but failed a rigorous training program and was denied promotion. The plaintiff sued the City of Cincinnati, alleging that the denial of her promotion was due to sex-based discrimination and her failure to conform to male sex stereotypes, such as wearing makeup, in violation of Title VII of the Civil Rights Act and the Equal Protection Clause.

Being v Crum (Alaska 2020)

In Being v. Crum, transgender and nonbinary plaintiffs challenged Alaska’s Medicaid regulations that categorically excluded coverage for treatments related to gender affirming care, such as hormone therapy, surgical procedures, or additional therapies for gender dysphoria. The plaintiffs argued that these exclusions violated the Equal Protection Clause, Section 1557 of the Affordable Care Act and Medicaid’s requirements for comparability and availability.

Beizaras ir Levickas prieš Lietuvą (Beizaras and Levickas v. Lithuania)

Two men published a Facebook post of them kissing, which sparked hundreds of homophobic comments. At their request, an LGBTQ rights advocacy organization complained to the prosecutor’s office, asking to launch an investigation for instigation of homophobic hatred and violence. Both the prosecutor’s office and court on appeal refused on the basis that the post was “eccentric” and the authors’ comments, even though obscene, did not contain actual criminal act and intent.

BGH XII ZB 383/19 Antragsteller gegen Registergericht; Bundesgerichtshof; Entscheidung vom 22. April 2020

BGH XII ZB 383/19 Applicant v. Registry Office; German Federal Court of Justice (Bundesgerichtshof); decision dated April 22, 2020

 

Only persons with biological intersexuality can change the gender details in the civil status entry per §§ 45b and 22 Para. 3 of the Civil Status Act, while "perceived intersexuality" is not covered.

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