LGBTIQ

The respondent, a German national, was denied permanent residence in Namibia despite being in a committed relationship with a Namibian woman, residing in Namibia for many years, and having a highly skilled job in Namibia. The respondent claims that the only reason her application was denied is because she was a lesbian woman in a homosexual relationship. She therefore filed suit against the Immigration Selection Board (“ISB”), arguing that it had discriminated against her in denying her application.

In the case Chicoine v. Chicoine, 479 N.W.2d 891 (S.D. 1992), the parties were married for three years before the wife engaged in a series of openly same-sex affairs. The husband obtained a temporary custody order for their two children and later filed for divorce on the grounds of extreme cruelty. The trial court awarded custody to the husband, granted the wife restricted visitation including unsupervised overnight visits, and imposed an additional condition prohibiting unrelated women or gay men from being present during the visitation.

The Act provides for parentage in case of donor-assisted human reproduction (“DAHR”) (Part 2), issues relating to DAHR facilities (including acquisition of gametes by operators) (Part 3), and amendments to the Guardianship of Infants Act 1964 (Part 4), Family Law (Maintenance of Spouses and Children) Act 1976, the Status of Children Act 1987, Family Law Act 1995, and among other legislation, to reflect rights and responsibilities of spouses or civil partners of biological parents and to take into account DAHR situations.

This decision concerned the appeal by Christian Youth Camps (“CYC”) against the decision of the Victorian Civil and Administrative Tribunal (“VCAT”) that CYC had unlawfully discriminated against Cobaw, an organisation concerned with youth suicide prevention.  CYC, the operator of a camping facility at Phillip Island, had been established by the Christian Brethren Church and was opposed to homosexual activity on religious grounds. Cobaw had sought to rent CYC’s camping resort for the purposes of a weekend camp to be attended by homosexual young people.

The Civil Registration Act 2019 made technical amendments to the Civil Registration Act of 2004, the purposes of which were to facilitate legislation to provide for registration of the birth of donor-conceived children, and to enable both partners in a same-sex female relationship to have their details recorded in such registrations. Specifically, Section 10 provides for the recording of a ‘parent’s’ details and any parent may so register although the options of ‘mother’ and ‘father’ are still available. 

Under the Civil Code, same-sex marriages are prohibited. In case of a divorce by mutual consent, the marriage can be dissolved if over a year has elapsed, the spouses have made a contract regarding divorce consequences, and they have full active legal capacity. If a couple has children, they have equal rights and duties as parents, regardless of whether they were married, divorced, or separated. A parent cannot surrender their rights or responsibilities over underage children.

The claimant alleged unlawful dismissal due to her bisexuality, arguing that her dismissal violated Saint Lucia’s Equality of Opportunity and Treatment and Occupation Act. The defendant (employer), argued that the claimant was lawfully terminated due to performance issues and thus did not discriminate based on her sexual orientation. The key issue is whether the claimant’s dismissal was motivated by discrimination based on her sexual orientation.

Portuguese Civil Code (2024)

The Civil Code codifies private law relating to personal and personality rights, contracts, property, inheritance, and obligations. The rights and obligations governed by the Civil Code make no distinction between genders. 

The Chilean Civil Code, enacted in 1855, has undergone significant reforms to expand rights and promote equality. In 2022, through Law No. 21,400, Chile legalized same-sex marriage, granting same-sex couples the same marital and family rights as opposite-sex couples, including adoption rights. The Civil Code also prohibits discrimination based on sexual orientation and gender identity, reaffirming the principle of equality before the law.

Articles 172, 402, and 509 of the Civil and Commercial Code protect same-sex marriage and civil unions in Argentina. Before the new, combined Civil and Commercial Code was promulgated in 2014, Law 26618 codified marriage equality by amending Article 172 of the then-current Civil Code (among other amendments), which provides that marriage has the same requirements and effects, regardless of the sex of the parties.