Taiwan High Court rules Gay Marriage Ban Unconstitutional

veteran gay rights advocate Chi Chia-wei (祁家威) in 2015 after his registration of marriage with his male partner was rejected by the household registration office in Wanhua District in Taipei in 2013 and subsequent court appeals failed.

As more good news continue to come in the gay marriage front many world wide are celebrating for our Asian friends in Taiwan. It was only a short time ago Bermudan LGBT persons won the right too same sex marriage after their constitutional challenge. Please see my previous post: VICTORY - SAME SEX MARRIAGE is now legal in Bermuda.

According to the CNN in part 

The panel of judges has given the island's parliament, known as the Legislative Yuan, two years to amend or enact new laws, which could potentially make Taiwan the first place in Asia to allow same-sex marriage.

The island has a large gay community and its annual gay pride parade is the biggest in Asia but the issue of marriage equality has divided Taiwanese society, with thousands turning out in recent months to protest for and against marriage equality.

"This explanation is a step forward in the history of Taiwan's same-sex marriage," said Yu Mei-nu, a Taiwanese legislator.

Yu said the court's explanation means that even if lawmakers do not pass legislation allowing same-sex marriage in the next two years, gay couples will still be able to marry by this time in 2019.

"I hope that the legislators will have the moral courage to pass same-sex marriage into law, however it is hard to predict how long it will take, at this moment," she said. "The opposition toward gay marriage in Taiwan won't just gladly accept it and give up the debate, so the debate will continue."

Draft legislation is already making its way through Taiwan's Parliament but it has stalled.

"We feel that this is a huge success for the LGBT and marriage equality movement in Taiwan," said Wayne Lin, an activist who runs an LGBT hotline on the island.

"We want to amend the Civil Code so same-sex couples can get married... our target is to complete this whole process within this year."

Tsai Ing-wen, Taiwan's first female president, expressed support for gay marriage before her election in 2016.

"In the face of love, everyone is equal," she said in a Facebook video during 2015's gay pride parade.

"I support marriage equality. Every person should be able to look for love freely, and freely seek their own happiness."

The case

The decision came in response to two requests for a Constitutional Court ruling on article 972 of Taiwan's civil code, which states that marriage is between a man and a woman.

One of the requests was filed in 2015 by Chi Chia-wei, a veteran gay rights activist who has spent more than half his life fighting for marriage equality in Taiwan, according to the island's official Central News Agency (CNA).

The other request was filed by the Taipei city government the same year after three same-sex couples lodged an administrative lawsuit against the government when their marriage registrations were rejected, CNA reported.

Elsewhere in Asia, the LGBT community has been facing increased persecution. South Korea has been cracking down on gay armed service members, while in Indonesia gay men have been facing more restrictions, with a recent raid on a gay sauna party and two men being caned for having homosexual sex in the conservative province of Aceh.
Japan does not recognize same-sex marriage, although a handful of cities and wards have legalized same-sex partnerships. However, LGBT people are not protected from discrimination under Japanese law.

Homosexuality is not illegal in China and the Communist government removed it from the official list of mental disorders 16 years ago, but activists and experts say that prejudice and discrimination persist.

Last year, a court in central China ruled against a gay couple in the country's first same-sex marriage lawsuit, dealing a blow to a nascent but increasingly visible campaign for LGBT equality.

No Asian nations are on the 23-strong list of countries that have legalized same-sex marriage, according to Pew Research, although it was permitted in New Zealand in 2013.

Meanwhile antigay activists are up in arms, they cry foul cry foul over Constitutional Court ruling, Pastor Deborah Hsing said the Taipei City government had crossed the line on family values when it filed a request for a constitutional interpretation on the issue without holding any public hearings beforehand.

In similar vein, Andrew Chang (張守一), secretary-general of the Family Guardian Coalition of Taiwan Religions, said Wednesday's ruling was nothing but a farce and a blot on Taiwan's judicial history.

Chang said his group will not rule out the possibility of seeking another constitutional interpretation on same-sex marriage.

Shih Chun-yu (施俊宇), a Fu Jen Catholic University student and head of the Protection of Family Value Students Organization, said the justices had abused their rights by tampering with the definition of marriage.

The ruling is a huge setback for democracy, Shih said, likening it to the 911 terrorist attack on the World Trade Center in New York in 2001. 

Blah Blah Blah, get over it the court has spoken and CONGRATULATIONS to our friends in Taiwan

Peace & tolerance

H

VICTORY - SAME SEX MARRIAGE is now legal in Bermuda.

Yes indeed, our friends in Bermuda have done it. Lord knows this is go news given the closing walls via Trump et al elsewhere a nice victory in law, fair square. 

A gay couple have won their legal challenge against the Registrar-General’s decision to reject their application to marry in Bermuda.

the loving couple

Winston Godwin and his Canadian fiancé, Greg DeRoche, took their case to the Supreme Court, arguing that the Human Rights Act took primacy in Bermuda and protected their right to marry.  The Royal Gazette also featured the development.

This morning, Puisne Judge Charles Etta-Simmons delivered her ruling that stated: “On the facts, the applicants were discriminated against on the basis of their sexual orientation when the Registrar refused to process their notice of intended marriage.”

The judgment continues: “The applicants are entitled to an Order of Mandamus compelling the Registrar to act in accordance with the requirements of the Marriage Act and a declaration that same-sex couples are entitled to be married under the Marriage Act.”

Mr Godwin and Mr DeRoche, represented by lawyer Mark Pettingill, sought an order from the Supreme Court to compel the Registrar to post their marriage banns, in accordance with the Marriage Act. They also want a declaration that same-sex couples are entitled to be married under that law.

When the civil case was heard over three days in January and February, Mr Pettingill urged the court to write the final chapter in the protection of gay rights in Bermuda.

He said the couple’s case encapsulates “the right to happiness, the right of all people to seek love and happiness”. Mr Pettingill added: “The applicants say that religious arguments bear no relevance on civil contractual marriage. This is a matter of statutory interpretation.

“It is time for the courts fully armed with the legal protection of the Human Rights Act to write the final chapter in the protection of the rights of gay people of secular orientation and all the rights that everyone enjoys to be the same.”

But the Government’s lawyer, Deputy Solicitor-General Shakira Dill-Francois, told the court that the Registrar-General could not post marriage banns for gay couples because such unions are null and void under Bermuda’s existing laws

She said that under section 33 of the Marriage Act 1944, it was an offence for the Registrar to authorise a marriage, knowing it was void.

She added the Matrimonial Causes Act 1974, in section 15, clearly set out the grounds on which a marriage was void, including if “the parties are not respectively male and female”.

Adding that the two pieces of legislation had to be read and understood together, Ms Dill-Francois asked: “Why would the Registrar proceed to register a marriage that is, in fact, void?”

Preserve Marriage, which has campaigned to maintain marriage as between a man and a woman, and the Human Rights Commission were allowed to join the proceedings as “interveners”.

Preserve Marriage was represented by lawyer Delroy Duncan, who argued that changing the law on same-sex marriage could open the door for “multiple-partner marriages” on the island.

“We have to ask ourselves whether this legislation is permissive of such marriages or whether or not what you are being asked to do could open the door to multiple-partner marriages,” he said.

Mr Duncan maintained that Parliament must decide on the issue of same-sex marriage “through the ballot box”.

Reacting this morning, Mr Godwin told The Royal Gazette: “I feel a huge sense of relief. It’s been a long road to get to this stage for me and Greg, and for Mark and also for Bermuda.

“It has been a long time coming. This ruling, although it was in our favour ... there is still so much more to do in Bermuda.

“This is a big step in the right direction. I cannot thank my legal team and my supporters enough.”

Lawyer Rod Attride-Stirling, who acted for the Human Rights Commission during the case, said in a prepared statement: “It is a matter of great shame that the legislature did not act in this matter to put the issue beyond doubt.

“It is also a matter of great shame that the Attorney-General fought the case in the manner in which it was fought, ignoring the Bermudian cases on the proper interpretation of the human rights act. This should not have been so.

“I am glad to see that the Bermuda court has followed the courts, first of South Africa, which decided this issue in 2005, and then the United States which followed suit in 2015.

“The message of hate and exclusion has been rejected. Human rights means human rights for all humans. Equally. No one is excluded.

“Gays who want to marry can now do so.

“Bermuda owes a huge debt of gratitude to the two brave young men who brought this action, Winston Godwin and Greg DeRoche. They will always be remembered as heroes of the human rights movement.”

meanwhile more from .....

The Rainbow Alliance has declared today’s landmark gay marriage ruling a victory for all same-gender loving people in Bermuda.

Saluting Winston Godwin and Greg DeRoche for their courage in taking on the Bermuda Government at the risk of being ostracised by the community, the Alliance issued a statement saying “love always wins”.

The organisation also released a comment from Mr Godwin, a Bermudian, and his Canadian fiancé Mr DeRoche, saying they hope the result gives more people courage to speak up or come out.

Earlier today, Puisne Judge Charles Etta-Simmons had delivered a ruling in favour of the couple, who had challenged the Registrar-General’s decision to reject their application to marry in Bermuda.

The Alliance said it was “overwhelmed with joy at the conclusion of today’s historic ruling”.

It continued: “We applaud the landmark decision by Justice Charles Etta-Simmons. Today, history has been made and love has won.

“This ruling is not only a victory for a brave young couple willing to fight for their love, Winston Godwin and his fiance Greg DeRoche, this ruling is a victory for all same-gender loving people in Bermuda.

“In this decision, the courts have affirmed that the love between two consenting adults is worth protecting with law, regardless of gender.

“This outcome ensures that same-gender couples can enjoy the same legal protections as heterosexual spouses do. This outcome preserves the notion that love is the greatest force of all.”

It quoted Mr Godwin and Mr DeRoche as saying: “We appreciate all the positive affirmations and support. This has been a long process, but well worth the fight.

“Hopefully this brings forward hope and courage for those who were/are afraid to speak up or come out. This is a moment we are proud of and will never forget.”

The Alliance release continued: “This outcome could not be possible if it were not for the courageous decision of Winston to take on the government of his home and risk being ostracised by his community for the sake of love.

“We applaud Winston and Greg, the legal team that supported this challenge, and the many campaigners that have over the years fought for increased human rights, dignity, and respect of LGBTQ people.

“There is so much more work to be done, but today, we celebrate that love always wins.”

LGBT Birth Tourism too far-fetched an idea for Jamaica?

I am still a little befuddled at the fact that Jamaica is still seemingly reluctant or afraid to diversify the already successful tourism product. The matter came up for mention this morning on radio. Given the recent introduction and active business of AirB&B catering to middle class vacationers who cannot afford five star hotels and that traveller who is seeking a more earthy real world exploration it has helped in the sub categories of LGBT visitors as well who like the rustic charm & scenery away from the inclusive concrete jungles that a mere marble and artificial beauty with some flora and fauna. Jamaica does facilitate birth tourism but obviously for heterosexual couples. We must not leave out the fact that gay marriage is a done deal by way of the US SCOTUS in that historic judgement. The smaller guest houses or homes linked to AirB&B model are all over the place and have been doing pretty well as some 1,500 properties or more have qualified and are actively accommodating persons. The pink dollar component of it though somehow we as a country have not capitalized on even in the face of pre-US embargo pressure on Cuba the island was doing relatively well in the LGBT guest department. Of course with the visibility and intervention of the daughter of the late Fidel Castro, Mariela that has helped greatly in attracting support and visitors.

Cuba’s national awareness programs on sexual health also includes LGBT matters so the population being so exposed does have the kinds of caustic homophobia when compared to ours with sometimes disastrous outcomes. They still do have the occasional slip up but that problem won’t disappear altogether. Now that the embargo has been lifted there is almost a flood of persons overall but includes savvy and monied LGBT persons including newly minted married couples who seek the destination for their honeymoon and I have since gathered birth tourism where couples either by insemination or surrogate arrangements either way i.e. male couples who use their sperm with a paid female carrier go to other countries from the US; as for US citizenship the child’s citizenship is dual if the family allows it or as for future educational opportunities prudent planning is crucial. Trouble is if one is from outside the US going to that destination to have the baby must have strong financial backing and insurance coverage not from the country of origin. However in reverse let’s say in Jamaica where a US or Canadian or British couple gets here the private hospitals is what they have to contend with and some insurance would have been included in the ticket purchase and so on.

Another drawback for US couples in particular especially heterosexual and lesbian couples where one of the lesbians will be the ‘mother’ is that unlike our three month maternity leave automatically granted to women not all US states offer such extended leave; some only give a month which may not be enough time to have the baby do relatively well before time of travel. Canada has a similar arrangement I gather but if mothers-to-be entered into contractual arrangements the there may be implications. Some prudent planning has to come into play I imagine. 

Also other health reasons can come into play such as is the expectant person can travel or is deemed fit by a doctor so to do?; especially if there is a requirement for multiple trimester visits in the desired destination. With stability and state recognition in LGBTQ family life with sometimes a disturbing feeling of homo-assimilation couples want children or are going about it the original route of adoptions. With proven stem cell research and birth methods guided by strict codes of conduct since the mid 2000s, surrogacy maybe a thing of the past in years to come as couples can create eggs and sperm from said stem cells thus having their own DNA in that newborn.

also see: Sexual Reproduction for Same Sex Couples? 2010

Possible spin-offs

A newly pregnant or new baby couple may need bedside attention outside of the private hospital care, and after discharge from the facility may need some help and guidance navigating local cultural considerations such as diet, climate management and or a security detail if necessary; all of whom can earn from providing those side services.

Homophobia doesn’t impede the destination

Despite Jamaica’s homophobia the island is somehow still loved a every year the figures look impressive, recent cruise ships stop-over to the point of lack of space for porting is visible evidence of that. Despite attempted tourism boycotts such as the major one in 2008 and the Red Stripe Beer dump in protest which drew major attention visitors still come for the flora and even commitment ceremonies and civil appearing weddings. Apart from a few of the big players that accommodate LGBT guests and host private events such as raves (Bloom events hosted by a Jamaican living in NY), beach parties and such there are other mid priced villas that also cater to such markets. A recent clothing option event was held at property in St. Ann. Visitors are willing to spend on security as I have seen over my 21 years in LGBT event planning and DJing. Investment though is not so readily available for persons such as myself who may want to expand to a LGBT specific venue and accommodation to hosts such guests thus capitalizing on the pink dollar.

Far-fetched?

Definitely not but the lack of forward thinking in both the business community, elites, LGBT NGOs and government is still a challenge; as the visits and privacy attached to same is already happening but one of the challenges is that visitors are used to public displays of affection in their own countries and sometimes to ask guests to suppress their ODA might be a little challenging. 

A year 2000 case comes to mind where a Caucasian male couple in Ocho Rios by what is now Pineapple Place or thereabouts after they inadvertently appeared to be too affectionate to each other, were spared a thrashing by visibly upset mostly males who left the shaken men with a strong warning to not show ‘it’ up; I guess they were not about to interfere with the visitors seeing they were foreigners and they would have left soon afterwards. The outrage that flowed when the story made the tabloid however was another matter as the usual ‘thrown in our faces’ abhorrence was the main homophobic driver at the time. I would like to see more natives getting involved in this pink dollar tourism arrangement specific to LGBT guests, no offence to our expatriate friends please as there are a couple already utilizing the AirB&B model after they came to Jamaica and invested in property and linking to influential gay tourism books such as the Spartacus, problem is some of these AirBnB outfits seem not to want to cross fertilize by having natives also as guests, something that needs addressing. The last time that Jamaica had a listing of LGBT outfits before recent times was when the co-founder of the now closed Club Entourage Brian Williamson managed to get the New Kingston business district venue on there; it attracted the occasional foreign guests.

Oh for that pink piggy to get fat.

Peace & tolerance

H

Commitment Ceremonies despite no legal marriage rights yet .......

In previous years I looked at commitment ceremonies in as parts of previous posts which followed up on some analysis across Jamaica for LGBT persons, other similar posts appear on Gay Jamaica Watch, Jamaican LGBT people have been making use of the avenues available to them to publicly as possible celebrate their love lives with friends and supportive family members and at that year in June often seen as the month of weddings there was no exception although the activities seem a little low keyed as years gone by as requests from the two or three Reverends who offer such duties to carry out the services fell. I would normally get calls to act as a witness in them, provide disc jock services for the reception or provide some sort of music on a storage form such as CDs or so.

This time around however as the Christmas holidays approach there has been a pleasant spike in terms of requests and questions/queries from persons in Jamaica seeking a space to have their ceremonies or renewal of ‘vows’ for older couples and as always since I have seen it lesbians tend to be the ones who go into long term unions than gay men but the latter have been taking the plunge as well. Like in part one of this entry the north American and indeed worldwide influences where ‘gay marriage’ is being made or has become legal persons are aspiring for same even if it is not legal yet here but in minds they want to show their love and explore the ceremonial components of a stable union. Foreigners from the United States mostly and as far as France in one case have also made queries via email and at first when I saw it I thought it was a joke or spam only to realise when I answered it was a serious inquiry.

With the advent of business avenues such as Airbnb as well and social media the requests are facilitated way easier than in times past, pink dollar markets are now open to virtually all. Non Jamaican and locals living overseas queries especially from those persons who are restricted by limited budgets or won’t or cannot afford a five star hotel after travelling want a more smaller intimate setting for their commitment ceremony nuptials. Lovely small and relatively reasonable priced spots in Portland, St Thomas and even Kingston outside of the traditional north coast flats are now easier to access directly or through blogs and NGOs. The price point is the key as prospective guests and couples avoid the middle man travel advisors or booking agents and make use of the advantages. Many of these properties under AirBnB and other independent guest house owners are seeing the opportunities as well and who attempt to roll out the red carpet albeit these are owned by heterosexuals. A married couple in Portland who came in contact with me via my blogs some years ago have been keeping in touch with me for some time now and have hosted two of the two ceremonies this year to much success ad satisfaction of the customers.

Same marriage or trans-persons marriages are not legal in Jamaica and may not be so for some time as the main hurdles of law reform on buggery and deep homo-negative and phobia driven stigma are on in earnest. Therefore the resistance to gay marriage is well embedded in all that nonsense and is still seen in this modern age as a method to ‘destroy the family’ when the family as we know and entrenched in the Jamaican constitution as between a man and a woman is already destroyed at best or is in serious trouble by those who already have the rights and privilege. If any damage is being done legal straight married couples (some Christians) are already doing a fine job not to mention those in the church and pulpits struggling with their own sexuality and hiding. At least with same sex marriage it provides some stability and maybe some same sexed married couples when the time comes can adopt children. On average for the past ten years end lots of young marriages end in divorce yet fanatical so called Christians who smear the rest of the church miss that fact that is so obvious. Just take a look at the official figures from the Statistical Institute of Jamaica, STATIN:

or

To unhinge the deeply entrenched definition of marriage in Jamaica as between a man and a woman will take lots of time and political will but the LGBT population though flirted with by politicians in recent years does not command the voting block in sufficient numbers or power from a local standpoint to force legislators to make the change; aforementioned fanatics and anti gay voices also still have large sway over a sometimes obsequious following who can be whipped into a frenzy with just one sentence opposing homosexuality as it were.

The spin offs are also clear in my mind, dress makers, small interior decorators, transportation folks and cake makers/decorators all benefit from the business, one cake maker/decorator a staunch Pentecostal was quite OK after she got involved in providing services for one ceremony, she reportedly jokingly remarked send the business come let the people live their lives.

It would be good if and when persons can get married and enjoy the full state recognition and benefits that flow such as legal coverage, housing and health benefits and the settlement of divorces through the courts to share the material assets and so on. Demanding marriage equality is not a zapper to those who already are allowed to marry and as is deceptively brought through in the subtext of anti gay advocacy. The word “equality” is often overlooked by those who oppose the push for same; and the fearmongering that Jamaica will be punished for same or that such goals are too lofty and imposed by foreigners.

Fortunately I am booked for a few ceremonies this year as opposed to the traditional month of June but the problem (if I can call it so) is the priests and pastors normally used are also busy with their own seasonal duties at their home churches; maybe a friendly Justice of the Peace (JP) may have to be identified.

Hope that the nuptials will have a good life after making their vows and live their dreams.

More anon

Peace & tolerance

H

also see older entries:
Buy no rings, you won’t wed; religious fear-mongering on gay marriage & the buggery law continues 

Lawyers’ Christian Fellowship’s continued fear mongering on Christian persecution post buggery law amendment & re-socialization 

When did anyone ask for gay marriage rights in Jamaica when we can't get basic tolerance ......... more smokescreen to deny recognition

There goes gay marriage paranoia again 

More gay marriage paranoia & hijacking of the homosexual debate by fanatics

Lesbian couple celebrate their marriage locally .........

3 gay couples to wed in Negril - Activist says move is an act of defiance

OutBermuda Respond To Preserve Marriage

Saying that it is their “mandate to support the wellbeing, health, dignity, security and protection of Bermuda’s LGBTQ community, we issue this statement in response. support the wellbeing, health, dignity, security and protection of Bermuda’s LGBTQ community,” OUTBermuda has responded to an ad placed by Preserve Marriage.

Some content from Bernews

The statement said, “Preserve Marriage Bermuda today published an advertisement complaining that Bermuda’s Supreme Court is being asked to legislate marriage equality.

“Preserve Marriage also argues that when the Human Rights Act was amended in 2013 it was a foregone conclusion that marriage equality would follow, suggesting the amendment was a sinister attempt to introduce marriage equality by indirect means.

“Given OUTBermuda’s mandate to support the wellbeing, health, dignity, security and protection of Bermuda’s LGBTQ community, we issue this statement in response.

“Preserve Marriage’s advertisement ignores the fact that the decision of the European Convention of Human Rights in Oliari v Italy, a decision the organization has spoken much about, was not decided until after the 2013 Human Rights Act amendment.

“Oliari is undeniably a landmark judgment, which marked a significant shift in the European Court’s approach to issues of Lesbian and Gay equality in the sphere of family matters.

“While that judgment is central to any argument today about family life protections afforded to Lesbian and Gay people, there was nothing back in 2013 to foretell this decision.

“OUTBermuda rejects the suggestion that LGBTQ people and allies schemed to amend the Human Rights Act with a view ultimately to marriage equality.

“To suggest this demonstrates a lack of understanding and empathy towards the experience of fellow Bermudians who were given both legal protection and peace of mind in the areas of housing, employment and the provision of goods and services [including governmental services] as a result of the “Two Words and a Comma” amendment.

“Although Preserve Marriage says in its advertisement that it believes all people should be protected regardless of their sexuality, OUTBermuda has not seen or heard any practical suggestions from the organization about how it believes the family lives of LGBTQ people ought to be respected within Bermuda’s current legal environment.

“While advocating that Government cobble together a bundle of rights in an unspecified manner for the benefit of Gay and Lesbian people, Preserve Marriage has rejected out of hand options for marriage, civil partnerships and other similar legal arrangements, thereby precluding any viable option for achieving that aim.

“OUTBermuda is committed to creating awareness of the real life issues affecting Bermuda’s LGBTQ people, and to leading dialogue on these issues.

“Accordingly, OUTBermuda will extend an invitation to Preserve Marriage to enter into conversation on how the status quo, as it relates to Lesbian and Gay families, fails to honor and respect the dignity of all people in Bermuda.”

see the petition HERE

BREXIT & LGBTQ Asylum concerns part 2: the Trumpage ........

In part one I looked at the ongoing BREXIT concerns and the outcomes from the United Kingdom’s referendum on leaving the European Union and pending referenda in Scotland to leave the United Kingdom, Ireland’s concerns about border protection and subservience to the English parliament. Business interests in both the EU and elsewhere are worried for tariffs, trade deals and future movement of investments. The immigration matters as well are of concern under an EU Schengen visa system effectively giving free movement to nationals in participating states; that may come to an end if and when ‘Article 50’ the parliamentary instrument must be enacted to start the BREXIT process. Right wingers backlash to refugees and or foreigners is alive and well for misplaced cultural fears and job availability, outside of the rowdy behaviour of some groups, namely the recent “jungle” camp in France which was destroyed by French authorities and rerouting said populations to other parts of the country even as the UK are hesitant to take persons who flow over or come by hiding in the under carriages of planes and lorries. The French have their fair share of ring wing advancement and some speculate that Francois Aunard may not win in the upcoming elections.

also see: Homophobic attacks in UK rose 147% in three months after Brexit vote

Gleaner's Lasmay took a shot at it and got it right

US EXITeering?

Said persons do not want to stay in France but will and are willing to risk life and limb to such extremes as walking the entire length of the underground tunnel from France to the UK as they see the UK a better option. A trend that has been on the rise prior to the present UK Prime Minister’s Theresa May’s tenure, the more open resistance by right wingers and pass round donkey games by some states, namely Greece lest we forget; let us also not forget Germany in last year was LGBT asylum applications and indeed others have been met with pressure from the UK’s Home Office this while some fees have increased by some 300% in some instances; that of paper applications with or without a solicitor, Prime Minister May’s expression of interest of reducing overall immigration numbers by half from some 300,000 to150,000 is a clear indication where she intends to go.

Similar postures from Holland of all places have not gone unnoticed, a recent court case in that country of a far right representative blasting Cameroonians in large numbers and they and other non white foreigners need to be reduced shows the emboldened change some have who are no longer prepared to stay in the shadows. Now that Trump has won the strangest US elections yet on anti immigration rhetoric especially to Mexicans while not defining his concern in any strident way to illegal immigrants, complete with clan support officially. He is seen as an outsider which further complicates matters, there may be a civil war inside the Republican party, will Trump come from the far right to centre left or so is yet to be seen, politics in America has been shaken and parallels can be drawn in Europe with other dynamic on the continent with a menacing China smoothing over Africa. While the Russians have been doing all they can to undermine American democracy. Isn’t it also ironic that November 9 in Germany was when that state removed the blockages for refugees?

Some of the antigay groups and pastors try to present some balance mostly hypocritically by infusing some conflict of interest in their arguments even as they celebrate Trump’s win, they claim his business interests may cloud his presidency in terms of his announced handing over of his Trump businesses to a blind trust and to his children to run, they ignore however that the law in the US says that such release of possible conflicts of interest with public officials must be done by way of said businesses by operated by some independent committee or management devoid of direct intervention by the absentee owner or management. I am not surprised said pious individuals see what they want to see as long as it suits their interests.

oh really!

Unapologetic nationalism or manifest destiny?

The President elect does not recognise climate change; he is hesitant on trade deals and is looking inwards that with foreign policy. He dismisses the claim by environmentalists as alarmists, climate sceptics indeed. The Paris climate agreement and decades of legislation are in his sights for removal or severe amendments. He can start the process for now but countries cannot simply leave the protocols and agreements’, bearing in mind the main goal is to reduce green house gas emissions. He says it is ‘global warming BS’ the commitment of the countries may waiver as they were buoyed by the US leading in the charge getting the cooperation of other states, the entire agreement could fall apart. It was one of the areas with the US and China after locking horns arrived at some middle ground. Trump is also a pro-coal supporter despite China’s near about face and increasing solar energy thrust to address the pollution and smog poor air quality challenging there.

Trump might have a Republican congress to back him in certain respects but his agenda and their agenda might not be the same, it is hard to read him in terms of foreign policy, his threat to remove Obama care although that maybe really difficult, his position on pro choice and if he had changed his stance given the evangelical support and LGBTQ issues in the face of his parading of a rainbow flag at one of his stops in the campaign. Executive orders and vetoes may become the order of the day. The uncertainty troubles me much as he is unpredictable and seems to position himself as the situation requires and what of the strangeness of the Caucasian gay male support as well despite the uncertainty, who is really a Trump voter? Racists, poorer whites and Puerto Ricans moving from their island to Miami, the fundamental question in my mind; anyone can publicly find Trump’s revolting rhetoric and then in the voting booth give him the chance, despite polls, despite some media propping. Anti immigration pundits contributed greatly to Trump’s campaign as well; some locals are worried about the H2B visa work program as well, in the face of recent automation news with a patent gained on apple picking technology with harvesting rates of 1 apple per 4 seconds. Despite the fact that Americans are not interested in those types of jobs and immigrants are eager to take them, alongside nursing home care-giving ones a deceptive narrative has resurfaced to suggest said immigrants (legal or not) are ‘taking’ those jobs from Americans.

Demagogic populism has trumped sensible thinking it seems. He claimed he wants to drain the slop in Washington but he’ll have to walk through towards getting into office. A “rigged” system has got him in; wow how bizarre is that, America is seen as joke in some circles now. Trump now finds himself facing Obama after blasting him as unfit and questioning his ethnicity indeed immigration status history and citizenship but now he has to meet with elder statesman in part of the 70 days of transition to the Oval office. He has to reorder his foreign policy points during the hustings at the stomp, his recalibrations on South Korea for example are telling of uncertainty concerns. Fixed grins and diplomatic optics I suppose. The ‘Forgotten man’ reference by Trump is an old Franklyn D Roosevelt position he held, Trump says he is going to bring back jobs.

A right wing leader of Hungary has endorsed Mr Trump claiming it is time to smash misguided liberalism in his mind. The news of the Canadian immigration website crashing due to huge traffic volumes, persons seem to be exploring options to relocate and job opportunities. He flips flops literally saying or tweeting something in the morning and changing his position hours later. These uncertainties are an existential threat to small island developing states such as Jamaica. The violent anti Trump protests while highlighting the displeasure factor also seems to show up the amazing ignorance of some Americans of their own political systems and the Electoral College selection of Presidents. A popular vote does not put such presidents in the office; burning effigies of the man is one thing but did the but one can spend better time by applying pressure to the local representatives and individual state legislators so as to keep some checks and balances on Trump’s presidency and policy direction.

Some questions:

What will America’s policy on refugees and asylum seeking look like under a Trump administration; especially given the early HIV years under President Reagan and his refusal to even acknowledge the matter but siding with conservatives even more so and justifying no gays rights by stigmatized medicalizations; other under President Bush(es) there was some reticence despite USAID work to address these issues and hesitancy on asylum for homophobic victims who find it an uphill task to have their cases heard let alone win them, will there be a review of those cases that have been granted prior, will the old HIV travel ban in the late nineties or banning of donation of blood from gay men become a template for reducing asylum opportunities, will grant aid drop in a view to save money and as Trump puts develop America and create new jobs. Will Trump change Obama’s PEPFAR arrangements as well?

As Trump has threatened to bomb iSIS and other military might although at the risk of sounding ominous what should happen if he goes to war to appease his base and project strength, what will happen to successful asylum seekers, especially LGBTQ individuals, will they be forced into constriction with very little federal benefits or residency rewards, similar to what happened with Jamaicans who went to England in the second world war who joined the royal air force and allowed to apply for citizenship; or will non compliant or volunteering asylum persons be forced out by way of case reviews and examination of case files as to the status of their countries of origin, As I always said asylum status is not a guarantee to citizenship in the United States. Persons should not get complacent.

As for that acceptance speech is nice sounding and rather aspirational but despite his calmer cadence of speech obviously prepped before delivery he thrives on showmanship promoting supposed unity. I am not fooled by it as it was the divide and rule construct he used so tendentiously, as the narrative to gain support then in the speech offering an olive branch of some kind makes good for optics and smooth transitioning of power, Obama’s statesman like speech is welcoming, at least he understands the ground game and doing everything to protect his legacy.

I am still in shock that a political neophyte known as the ‘Donald’ could come to power, this was not how this election was to end even as labelled Hispanics as ‘hombre’ while playing on the dissatisfactions on certain classes “Make America great again” despite the misogyny, is democracy all but dead here now when anyone can become the leader of the free world. But John F Kennedy warned about this prior to his murder, he effectively said every President needs a lull period to adjust and settle as many of what was promised on the campaign may not be deliverable. So I conclude instead of the motto credo ‘God Bless America’ it might be read in the future as ‘God SAVE America’ instead.

one of the memes floating aound during the campaign 

There is a cultural diversity that cannot be ignored anymore, the days of the privileged Caucasian with political power are all but dead as the ‘browning’ of the US by way or Latinos, African immigrants and such is unmistakable, they will make the majority in the long run; this round seems to be a last ditch effort to hold fast to ‘white power’

patronising suppport for LGBT to get votes?

Trump cannot be trusted.

Washington may change Trump or Trump may Trump Washington is yet to be seen, he may not able to ‘drain the swamp’ which is a far cry from running a private business versus governing within boundaries and Capital Hill runnings. The presidency seems to be moving to a ceremonial one than an office with on individual with raw power, said President is constrained in certain respects. Do not loose sight of the fact that Hillary Clinton got the popular vote to the tune of some 200,000 votes than Trump. The midterm elections should be interesting and when he is tested his temperament will be watched closely.

Will Michelle take it up for the next election cycle given her posturing in this last one? even as the above GQ photo of the first lady presumptive floats around. This is the image of dignity that should obtain in the Oval office?

I have to concur with former JLP spokesman (although he is antigay) that Trump is going to become the very thing he has demonised; as the reality hits him, trade deals he wants to change will be problematic and so on he will have to adjust. He cannot have his cake and eat it too.

More anon

Peace & tolerance

H

Gay Marriage court case in Bermuda begins on December 8th 2016

APPLICATION TO MARRY COURT CHALLENGE 

The court case begins on December 8th 2016 in the Supreme Court of Bermuda. 

Lawyer and OBA MP Mark Pettingill is representing a same sex couple who had their marriage application to wed denied by the Registrar General of Bermuda. 

Please mark you calendars as we would like your support by attending the court proceedings.
LOVE MUST WIN....

The challenge read in part:

Same-sex couples want to marry for all the same reasons as their opposite-sex counterparts.

These reasons include: for legal security, to publicly celebrate their commitment, to provide greater legal protection for their children, or simply because they are in love.

FIRST, we will look at the benefits that flow to same-sex couples who marry. This is followed by the wider social benefits that come from removing discrimination from the Marriage Act and ensuring equality for same-sex couples.

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SECOND, married partners have immediate access to all relationship entitlements, protections and responsibilities.

This contrasts to de facto couples who must live together for a certain period before they are deemed to have legal rights.

A marriage certificate also allows married partners to easily prove their legal rights if challenged, for example in emergency situations. The capacity to quickly and easily prove one’s relationship status is particularly important for same-sex partners because prejudice against same-sex relationships can mean legal rights are denied.

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THIRD, allowing same-sex couples to be included in such a universal and valued institution as marriage will provide them and their families with real social and cultural benefits.

Landmark research led by Lee Badgett, Professor of Economics at the University of Massachusetts, describes and quantifies some of these benefits in two different places that have allowed same-sex marriages for several years, the Netherlands and Massachusetts.

[ii] Badgett found that same-sex partners overwhelmingly,

• felt marriage had increased their commitment and their sense of responsibility, and had generally strengthened their relationships

• believed their children were better off after their marriage, chiefly through legal protection for those children and enhanced feelings of security, stability and acceptance in the children, and

• felt participation and acceptance in their extended families and communities had increased because of their marriage

Her conclusion was that,

“Overall, the experiences of same-sex couples in two countries, the United States and the Netherlands, suggests that same-sex couples and their families are strengthened by a policy of marriage equality for same-sex couples.”

There is also a growing body of research showing that married partners, including same-sex married partners, are, on average, healthier, happier and longer lived, than their cohabiting peers, or singles. According to the US Centre for Disease Control, even rates of heart disease, drug use and stress are lower among married partners.

References:

[ii] Badgett, M.V., N. Goldberg and C. Ramos, The Effects of Marriage Equality in Massachusetts: A survey of the experiences and impact of marriage on same-sex couples. UCLA School of Law, 2009. Also, When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage. New York University Press, 2009.

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FOUR, Bermuda's ban on same-sex marriage doesn’t only disadvantage those same-sex partners who seek to marry.

It disadvantages all same-sex attracted Bermudians, including those who are not in a relationship, or who would not marry, even if they could.

It does this by treating them as legally unequal to their heterosexual counterparts, and by not allowing them the same life choices.

Governments restrictions on who gay and lesbian Bermudians can marry violates their fundamental human rights in the same way the rights of Aboriginal Australians of African Americans were once violated by laws which prevented from marrying who they wished.

The association between the equality in marriage and freedom from second-class status is well understood in the context of the struggle for the civil rights of people of color.

In 1958, in the midst of the struggle for black civil rights in America, Martin Luther King Jr declared,

“When any society says that I cannot marry a certain person, that society has cut off a segment of my freedom.” 

[iii] Consider all the other groups in society, along with people of color and same-sex attracted people, who at one time or another have been denied the right to marry the partner of their choice: women, people from differing faiths, people with disabilities.

What they all have in common is that they have been regarded as too immature or irresponsible to make what is arguably the most important decision any individual can ever make, the choice of a life-long partner.

In the same vein, the gradual acceptance that members of these groups are fully adult, fully citizens and fully human, has been accompanied by an acceptance of their right to marry whomever they wished.

References:

[iii] King (Jr), M. L., Carson, C., Luker, R., and Russell, P. A., (2000) The Papers of Martin Luther King, Jr: Symbol of the movement, January 1957, University of California Press, Berkeley. Page 436.

recent fearmongering protests by religious fanatics

Continue HERE for more

Peace and tolerance

H

Grenada says no loophole for gay marriage in Rights and Freedom Bill

ST GEORGE’S, Grenada (CMC) – Grenada’s Attorney General Cajeton Hood said yesterday that the proposed amendments contained in the Rights and Freedom Bill will not be creating a loophole that could result in Grenada legalising same- sex unions.

“The amendment does not affect the status quo at all in any way, the amendment does not seek too, nor does it at all give additional right to anybody who wanted to get married before the amendment.

“I want to be very clear on that, the amendment does not seek to nor give any loophole or any extra power or any extra right that was not there before,” said Hood.

The bill is one of seven that will be voted upon during the October 27 referendum for a new constitution. Gender equality, according to the legislation, provides for both men and women to be entitled to equal rights and status in all spheres of life, especially in economic, educational, political, civic and social activities.

“This therefore goes to the heart of the matter of the intention of the Bill, the Intent is equal rights for both men and women and not one having more rights than the other,” Hood said, while stressing that government will not in any way go down that route even as he acknowledged that any lawyer can build any case using any law.

Urging the general public to inform themselves with the facts of the issues, he said they should not listen to rum shop talk.

In recent days, several religious bodies have begun campaigning against the Bill, saying that despite it good intention it creates a loophole for gay marriage.

Hood further explained that Grenada’s Marriage Act has not changed and there is no proposal to change it. “The amendment doesn’t speak to marriage,” he said.

Junior Education Minister Simon Stielle said that the present Administration does not support same-sex marriage and it is not the intention of the Keith Mitchell Government to weaken any legislation that will create any loophole within the law.

“There is no intent to weaken any provision that will provide for same- sex marriage…the Bill speaks to equal opportunity, it does not speak to same-sex marriage,” said Stielle, who reminded journalists that Prime Minister Mitchell has openly said he is not in support of same-sex unions.

Hood said that as a country, he trusts that the voting population will see the opportunity that is presented to play an important role in the having a say in the supreme law of the land.

‘It’s the first time the people are having a say and no politician can do it, it is now up to people,” he said.

The Bill needs to be passed by a two-thirds majority of those voting in the referendum to become law.

International Day of Families 2K16: Families, healthy lives and sustainable future

also see my last post on the subject (sadly in 2011), sorry for the delay: GO HERE (Gay Parenting (a view on the ground) (repost from 09) ........ International Family Day)

The International Day of Families is observed on the 15th of May every year. The Day was proclaimed by the UN General Assembly in 1993 with resolution A/RES/47/237 and reflects the importance the international community attaches to families. The International Day provides an opportunity to promote awareness of issues relating to families and to increase knowledge of the social, economic and demographic processes affecting families.

The International Day of Families has inspired a series of awareness-raising events, including national family days. In many countries, that day provides an opportunity to highlight different areas of interest and importance to families. Activities include workshops and conferences, radio and television programmes, newspaper articles and cultural programmes highlighting relevant themes.

The central goals of the 2030 Agenda for Sustainable Development focus on ending poverty, promoting shared economic prosperity, social development and people’s well-being while protecting the environment. Families remain at the centre of social life ensuring the well-being of their members, educating and socializing children and youth and caring for young and old.

In particular, family-oriented policies can contribute to the achievement of Sustainable Development Goals 1 to 5 relating to doing away with poverty and hunger; ensuring healthy lives and promoting of well-being for all ages; ensuring educational opportunities throughout the lifespan and achieving gender equality.

Download Background note

Problem is equality in terms of other family forms seem to be left out of the equation; locally the antigay movements are still on the offensive claiming LGBT lobbyists are out to destroy the heternormative family as we know (a man and a woman), just take a look at the fearmongering laced statement from Jamaica Coalition for a Healthy Society, JCHS:

Now that marriage equality is fast rising this international observance needs way more inclusion as the same gender couples in particular and their issues are not highlighted enough by the UN. The Background has left out the direct mention of LGBT visibility with regards to emerging family units, monogaous same gender love and children either by adoption, surrogates or ISPCs methods.

The theme of the observance of the 2016 International Day of Families focuses on Sustainable Development Goal 3: Ensure healthy lives and promote well-being for all at all ages.

Families have a unique role in ensuring health and well-being of children. Parents can improve children’s health outcomes by providing emotional support, ensuring preventive and sick healthcare visits, including timely immunizations and proper treatment in times of illness.

This year’s observance of the International Day of Families is to raise awareness of the role of families and family policies in promoting healthy lives for sustainable future. Academics and practitioners will address issues relating to family environments and work-family balance to improve health outcomes for all family members. Discussions will also focus on the role of parents in youth and children’s well-being, with particular attention to the role of men, as well as intergenerational transfers and the well-being of older adults.

History of the observance

During the 1980's, the United Nations began focusing attention on the issues related to the family. In 1983, based on the recommendations of the Economic and Social Council, the Commission for Social Development in its resolution on the Role of the family in the development process (1983/23) requested the Secretary-General to enhance awareness among decision makers and the public of the problems and needs of the family, as well as of effective ways of meeting those needs.

In its resolution 1985/29 of 29 May 1985 the Council Invited the General Assembly to consider the possibility of including in the provisional agenda of its forty-first session an item entitled “Families in the development process”, with a view to consider a request to the Secretary-General to initiate a process of development of global awareness of the issues involved, directed towards Governments, intergovernmental and non-governmental organizations and public opinion.

Later, based on the recommendations of the Commission for Social Development formulated in its 30th round of sessions, The Assembly invited all States to make their views known concerning the possible proclamation of an international year of the family and to offer their comments and proposals.

The Council also requested the Secretary-General to submit to the General Assembly at its forty-third session a comprehensive report, based on the comments and proposals of Member States on the possible proclamation of such a year and other ways and means to improve the position and well-being of the family and intensify international co-operation as part of global efforts to advance social progress and development.

In its resolution 44/82 of 9 December 1989, The United Nations General Assembly proclaimed The International Year of the Family. In proclaiming the Year, the General Assembly decided that the major activities for its observance should be concentrated at the local, regional and national levels, assisted by the United Nations system.

The United Nations Commission for Social Development was designated as the preparatory body and the Economic and Social Council as the coordinating body for the Year. 

In 1994, General Assembly Resolution A/RES/47/237 proclaimed The International Day of Families, which is observed on the 15th of May every year. This day provides an opportunity to promote awareness of issues relating to families and to increase the knowledge of the social, economic and demographic processes affecting families.

More inclusion UN!

Peace & tolerance

H

Bahamas PM says no to same sex marriage

Sounds so familiar eh? oh boi these Caribbean leaders and holding on to outdated so called traditional values.

NASSAU, Bahamas (CMC) — Prime Minister Perry Christie says the proposed referendum to amend the constitution will not allow for same sex marriages to become legal in the Bahamas.

Christie launched the YES Bahamas Campaign “Equal Rights for our Sons and Daughters” on Sunday, telling his audience that the Bahamas will only recognise marriage as being between a man and a woman.

The referendum will be held on June 7.

Observer's cartoonist Clovis took a swipe at the matter 

“I repeat: this referendum will not cause same-sex marriage to become legal in the Bahamas. Marriage in the Bahamas will be legal only if it is between a man and a woman, and male and female are determined at birth,” he said.

“I am so emphatic because it is so important for Bahamians to vote on what is really at stake – equal rights for our sons and daughters – and not let false rumours or incorrect information hold sway.

“This referendum does not seek to change Bahamian society or our traditional values – instead it seeks to change the Constitution so that it more clearly reflects those values, and our shared belief in fairness.”

Prime Minister Christie said that the YES Bahamas Campaign will be relying on Bahamians, young and old, for their creativity and enthusiasm, visiting each of our islands, and providing information to Bahamians on each of the amendments.

He said that the Constitutional Commission will continue a very intense schedule of information sessions leading up to the June 7 referendum, adding in carrying out its work, the Commission will continue to operate independently and with neutrality.

“Its job is to educate not to advocate for a Yes or No vote,” he added.

Prime Minister Christie said that the referendum was necessary to change the 1973 Constitution, which prevented Parliament from passing laws which would discriminate based on race or creed or place of origin.

But he said that the framers of the Constitution “did not include sex, that is, they did not insert any language in the Constitution which would prevent Parliament from passing laws which discriminate against men or women.

“This referendum is simply about bringing our Constitution up to date to reflect our shared values as a society. Men and women will always be different, and no law or change to the Constitution could or should ever change that – in fact, we celebrate our differences – but we do believe that as citizens who share the same responsibilities, the time has come for men and women, our sons and daughters, to share the same rights.”