Queer Quote: Indian Supreme Court Invalidates Sodomy Law (Finally)

In a victory for tens of millions of LGBT individuals, the Supreme Court of India has finally invalidated India's colonial-era sodomy law, decriminalizing homosexuality and ruling that discrimination on the basis of sexual orientation is illegal in a near 500-page decision.

The battle to have Section 377 of the Indian Penal Code struck down has taken decades. In 2009, the Delhi High Court ruled the nation's sodomy law unconstitutional but the ruling was appealed to the highest court in the land even though the Indian Government agreed to abide by the decision in 2012. Then in 2013 that Court upheld the law in a shocking ruling that maintained the ban on "carnal intercourse against the order of nature." However, the Court agreed to re-hear that decision in 2014 and today's result follows that litigation.

The opinion is quite comprehensive and ends with some stunning conclusions:

(i) Section 377 of the Penal Code, in so far as it criminalises consensual
sexual conduct between adults of the same sex, is unconstitutional;
(ii) Members of the LGBT community are entitled, as all other citizens, to
the full range of constitutional rights including the liberties protected by
the Constitution;
(iii) The choice of whom to partner, the ability to find fulfilment in sexual
intimacies and the right not to be subjected to discriminatory behaviour
are intrinsic to the constitutional protection of sexual orientation;
(iv) Members of the LGBT community are entitled to the benefit of an equal
citizenship, without discrimination, and to the equal protection of law;
and
(v) The decision in Koushal stands overruled.

This an amazing victory for sexual minorities! Note the highlighted section which indicates that the ruling goes far beyond just striking down sodomy laws (like 2003's Lawrence vs Texas).

Today's Queer Quote is from Jessica Stern of OutRight Action International (formerly the International Gay and Lesbian Human Rights Commission), who reacted to the ruling by saying, "The sodomy law that became the model everywhere, from Uganda to Singapore to the U.K. itself, premiered in India, becoming the confusing and dehumanizing standard replicated around the world [and] today’s historic outcome will reverberate across India and the world."

Woo hoo!

Trans Civil Rights Are Law Everywhere In Canada

International LGBT journalist Rex Wockner reports that Canada now has universal transgender rights, i.e. every province and territory in the country has enacted non-discrimination statutes which prohibit discrimination based on gender identity and allow legal changes in gender.

However, Xtra points out that there still is no federal trans rights bill enacted, although one is currently under consideration in the Senate:

The bill’s sponsor, Liberal Senator Grant Mitchell, told the Hill Times he’ll fight to get the bill passed before the June 30 summer break, even threatening to use time allocation — a parliamentary motion that curtails debate and forces a vote, but often prompts opponents to delay other bills in retaliation.
“It’s a hill I’m prepared to die on. This has to be passed before the summer break,” Mitchell said.

Hat/tip to Rob Salerno

UPDATE: C-16 passed its third reading in the Canadian Senate on Thursday and will almost certainly go into effect soon!

Hat/tip to TransGriot

GODLESS WEDNESDAY: British Atheists Test Irish Blasphemy Law

British atheists Richard Dawkins and Stephen Fry are testing Ireland's blasphemy law . Dawkins posted the following letter to the editor which has an excerpt from his best-selling book, The God Delusion:

Sir, – As a gesture of solidarity with Stephen Fry, I quote a sentence from my book, The God Delusion: “The God of the Old Testament is arguably the most unpleasant character in all fiction: jealous and proud of it; a petty, unjust, unforgiving control-freak; a vindictive, bloodthirsty ethnic cleanser; a misogynistic, homophobic, racist, infanticidal, genocidal, filicidal, pestilential, megalomaniacal, sadomasochistic, capriciously malevolent bully.”
Every one of these adjectives is amply documented, with full biblical citations, in Dan Barker’s book, God: The Most Unpleasant Character in All Fiction. 

I shall be giving a public lecture in the National Concert Hall, Dublin, on June 12th, and I shall therefore be available for arrest on a charge of blasphemy. – Yours, etc, 

RICHARD DAWKINS,
New College,
Oxford.

It will be interesting to see what  happens (if anything) to Fry or Dawkins as they challenge the idea that blasphemy laws should exist in a 21st century democracy.

Apparently the fine under the Irish blasphemy law is €25,000 (roughly $27,000). The text of the statute, according to the Independent, makes it illegal to use words that are:

"grossly abusive or insulting in relation to matters sacred to any religion,  thereby intentionally causing outrage among a substantial number of adherents of that religion."

Wild!

Notoriously Homophobic Leader of The Gambia Defeated In Election

The surprising election results in 2016 keep coming. This week the little-known country of The Gambia, where Yahya Jammeh, the leader of the country for the last 22  years was defeated in an election. Jammeh is a virulent homophobe, notorious for his statements about LGBT people, especially gay men.

Joe Jervis blogs:

In November 2014, Jammeh made homosexuality punishable by life in prison. The following month the US dropped Gambia from an African free trade agreement in part over Jammeh’s anti-LGBT crackdown. Several months later Jammeh issued a public promise to “slit the throats” of all homosexuals, prompting a denouncement from UN national security advisor Susan Rice. It’s unknown if life for Gambia’s LGBT community will improve under the new president.

The winner of the election, John Barrow, is the president-elect  and is required  by the Gambian constitution to be sworn in within 60 days of the election, according to the Washington Blade. Hopefully life for all Gambians, and particularly LGBT individuals will improve once that happens.

Today is the International Day Against Homophobia and Transphobia (IDAHOT)

Statement by the President on the International Day Against Homophobia and Transphobia

On May 17, Americans and people around the world mark the International Day Against Homophobia and Transphobia by reaffirming the dignity and inherent worth of all people, regardless of who they love or their gender identity.

Our nation is committed to the principle that all people should be treated fairly and with respect. Advancing this goal has long been a cornerstone of American diplomacy, and I am proud that my Administration has made advancing the human rights of LGBT individuals a specific focus of our engagement around the world. I am also proud of the great strides that our nation has made at home in recent years, including that we now have marriage equality as a result of last year’s landmark Supreme Court decision.

At the same time, there is much work to be done to combat homophobia and transphobia, both at home and abroad.‎ In too many places, LGBT individuals grow up forced to conceal or deny who they truly are for fear of persecution, discrimination, and violence. All nations and all communities can, and must, do better. Fortunately, human rights champions and good citizens around the world continue to strive towards this goal every day by lifting up the simple truth that LGBT rights are human rights. The United States honors their work and will continue to support them in their struggle for human dignity.me Court decision.

At the same time, there is much work to be done to combat homophobia and transphobia, both at home and abroad.‎ In too many places, LGBT individuals grow up forced to conceal or deny who they truly are for fear of persecution, discrimination, and violence. All nations and all communities can, and must, do better. Fortunately, human rights champions and good citizens around the world continue to strive towards this goal every day by lifting up the simple truth that LGBT rights are human rights. The United States honors their work and will continue to support them in their struggle for human dignity.

GODLESS WEDNESDAY: Today is International Blasphemy Day!

Today is September 30, which has been declared by the Center for Inquiry as International Blasphemy Day to call attention to the numerous countries around the world which have laws which punish people for the alleged crime of blasphemy. It is the anniversary of the publication of cartoons depicting Muhammad in a Dutch magazine that angered religious people and resulted in a huge controversy in 2005.

This excerpt from CFI says it best:

While many perceive “blasphemy” as offensive, this event is not intended to ridicule and insult others. Rather, it was created as a reaction against those who would seek to take away the right to satirize and criticize a particular set of beliefs given a privileged status over other beliefs. Observing International Blasphemy Rights Day is a way of showing opposition to any resolutions or laws, binding or otherwise, which discourage or inhibit freedom of speech of any kind. 

Freedom of expression, including the right to criticize any belief, religious, political, or otherwise, is the only way in which any nation with any modicum of freedom can exist. Without this essential liberty, dissent can be suppressed and silenced by labeling it as “defamation” or “blasphemy.” Even rhetoric that uses the guise of sensitivity, such as “hurting religious feelings” can be twisted to stifle opposition by turning popular sentiment against it.

Happy blaspheming, everyone! (All  blasphemy laws were ruled unconstitutional in the United States by the United States Supreme  Court in 1952.)

hat/tip to Joe Jervis

IGLHRC Changes Its Name To OutRight Action International

The international LGBT human rights organization known as the International Gay and Lesbian Human Rights Commission (IGLHRC) has changed its name to OutRight Action International. I spent two terms (6 years total) on the board of directors of IGLHRC so I have a soft spot in my heart for the organization, which was founded more than 25 years ago by my friend Julie Dorf.

Here's an excerpt from the press release announcing the change:

“We chose a new name that speaks to the heart of our mission. We have been ‘out’ for rights for 25 years, and at a time when civil society and LGBTI rights are under attack in many parts of the world, we believe our new name speaks to our commitment to LGBTIQ activism and resilience internationally,” said Jessica Stern, the executive director. 

Alan Cumming, an ambassador for the organization, called it “a beautiful new name” in a video message(http://www.youtube.com/watch?v=1N4o1ro3rHM). Moisés Kaufman, the playwright and founder of Tectonic Theater Project best known for The Laramie Project, hosted the event during which OutRight honored Gays and Lesbians of Zimbabwe, also celebrating its 25th anniversary. 

Instead of adopting an acronym, the organization said it prefers the simpler “OutRight” as shorthand. 

Along with a new tagline -- Human Rights for LGBTIQ People Everywhere -- OutRight reflects the organization’s commitment to inclusiveness for everyone in the LGBTIQ global community. 

“For 25 years, we’ve worked hand-in-hand with activists around the world to challenge discriminatory laws and abusive practices. Now we are taking a step to explicitly devote ourselves to dignity and acceptance for all in the LGBTIQ community: lesbian, gay, bisexual, transgender, intersex and queer,” Stern said. 

With the new name the organization unveiled a new logo and website (www.OutRightInternational.org). 

The new name drew enthusiasm from supporters and LGBTIQ activists in countries around the world who were consulted by a core team of staff and board members. The Board of Directors unanimously approved the name. 

Julie Dorf, founder of IGLHRC in 1990 and Senior Advisor to the Council on Global Equality, said: “For an LGBTIQ activist organization, the boundaries are always evolving as we push to eliminate discrimination and improve the lives of people who experience injustice. It’s wonderful for me to see the organization I founded choose a new name that builds on its strengths and determination for two and a half decades.”

Congratulations to OutRight! I'm hoping for 25 more years of international LGBTIQ human rights activism...

Mozambique Is Most Recent African Country To Decriminalize Homosexuality

Good news of out of Africa!  The country of Mozambique has enacted reforms which include a decriminalization of intimate homosexual conduct, i.e. the country's sodomy law has been repealed, The Washington Blade has reported:

Mozambique is the latest African country to decriminalize consensual same-sex sexual relations. Sao Tome and Principe and Lesotho legalized homosexuality in 2012. Cape Verde decriminalized consensual same-sex sexual relations in 2004. Consensual same-sex sexual relations remain illegal in Egypt, Gambia, South Sudan, Cameroon, Kenya, Zimbabwe and more than two dozen other African countries. Those found guilty of homosexuality in Mauritania, Sudan and portions of Nigeria and Somalia face the death penalty. 

Great news!

Today Is International Day Against Homophobia, Transphobia & Biphobia

Today is May 17th, the day which is becoming universally recognized as IDAHOT, the international day against homophobia, transphobia and biphobia. In fact, the White House issued a statement by President Barack Obama:

Michelle and I join our fellow Americans and others around the world in commemorating the International Day Against Homophobia and Transphobia tomorrow, May 17.  We take this opportunity to reaffirm that lesbian, gay, bisexual, and transgender (LGBT) rights are human rights, to celebrate the dignity of every person, and to underscore that all people deserve to live free from fear, violence, and discrimination, regardless of who they are or whom they love.  

We work toward this goal every day. Here at home, we are working to end bias-motivated violence, combat discrimination in the workplace, and address the specific needs of transgender persons.  Overseas, I am proud of the steps that the United States has taken to prioritize the protection and promotion of LGBT rights in our diplomacy and global outreach. 

There is much more to do, and this fight for equality will not be won in a day.  But we will keep working, at home and abroad, and we will keep fighting, for however long it takes until we are all able to live free and equal in dignity and rights.

 National Security Adviser Susan Rice took the opportunity to issue a statement that condemns the recent murderously homophobic remarks by Gambian President Jammeh.

The recent unconscionable comments by Gambian President Yahya Jammeh underscore why we must continue to seek a world in which no one lives in fear of violence or persecution because of who they are or whom they love. We condemn his comments, and note these threats come amid an alarming deterioration of the broader human rights situation in The Gambia. We are deeply concerned about credible reports of torture, suspicious disappearances – including of two American citizens - and arbitrary detention at the government's hands. 

The United States in late 2014 acted on The Gambia’s crackdown against its LGBT community and wider human rights violations by ending trade preferences, and we are reviewing what additional actions are appropriate to respond to this worsening situation. 

We repeat our call for the Gambian government, and all governments, to lead inclusively, repudiate intolerance, and promote respect for the universal rights and fundamental freedoms of all people.

Additionally, the White House released a fact sheet summarizing the numerous measures the Obama administration has taken which benefit the international LGBT Community. Some highlights:

• On December 6, 2011, President Obama released the Presidential Memorandum on International Initiatives to Advance the Human Rights of LGBT Persons, which directs departments and agencies to combat criminalization of LGBT status or conduct abroad; protect vulnerable LGBT refugees or asylum seekers; enhance assistance to protect human rights and advance nondiscrimination for LGBT persons; and help ensure swift and meaningful responses to human rights abuses of LGBT persons abroad.
• In February 2015, Secretary of State John Kerry announced the appointment of Randy Berry as the first-ever Special Envoy for the Human Rights of LGBT Persons.  Special Envoy Berry joins USAID Senior Coordinator Todd Larson in leading the U.S. Government’s efforts to advance the human rights of LGBT persons.  Six openly gay U.S. Ambassadors are serving at Embassies around the world.  And, this year, the Peace Corps also created a position devoted to training staff to support LGBT Peace Corps Volunteers. 
• With the support of the United States, the World Health Organization has begun discussions on the negative repercussions of stigma, discrimination, and other barriers to care for LGBT persons in the health system as a whole.  In 2013 the Pan-American Health Organization passed a ground-breaking resolution on LGBT health, which emphasized that equal access to care is a health issue and called on countries to collect data on access to health care and health facilities for their LGBT population. 
• Since its inception in 2011, the State Department’s Global Equality Fund, a partnership of 11 governments as well as a number of corporations and private foundations, has allocated more than $19 million to frontline advocates in 50 countries. 
• In June 2014 the White House hosted the first-ever Global LGBT Human Rights Forum, which brought together the faith community, private sector, philanthropy, HIV and other health advocates, LGBT activists from around the world, and the broader human rights community to discuss how to work together with the U.S. government and others to promote respect for the human rights of LGBT individuals around the world.  National Security Advisory Susan Rice delivered keynote remarks. 

This is just a few of the highlights of the impressive accomplishments of the Obama administration in this area.

Happy IDAHOT!

QUEER QUOTE: President of The Gambia Threatens All Gay Men With Murder

The heads of African countries are notorious for their virulent homophobia, but even among that group, today's Queer Quote, which is this statement by the President of the Gambia, Yahya Jammeh, is pretty horrendous:

"If you are a man and want to marry another man in this country and we catch you, no one will ever set eyes on you again, and no white person can do anything about it."

President Jammeh also said "If you do it [in the Gambia], I will slit our throat." He apparently said the words in a local language (Wolof). In 2013, Jammeh has been quoted saying this:

Homosexuality is anti-god, anti-human, and anti-civilization. Homosexuals are not welcome in the Gambia. If we catch you, you will regret why you are born. I have buffaloes from South Africa and Brazil and they never date each other. We are ready to eat grass but we will not compromise on this. Allowing homosexuality means allowing satanic rights. We will not allow gays here.

How much do you want to bet there are gay men having sex in the Gambia RIGHT NOW? It never ceases to amaze me how homophobes think that by making a statement like "We don't have any gays in Iran" or "We will not allow gays here" that they think it actually has an impact on whether gay people actually exist in that country or not. Of course, what they are really trying to do is enforce the cultural norms of their society and to mandate universal compulsory heterosexuality.

Marriage Equality Goes Into Effect In Scotland!

Marriage equality has officially come to Scotland, as today is the first date that people who were previously in registered partnerships can have them converted into legal marriages, the BBC reports.

The law on same-sex marriages has already changed in England and Wales.
The change in Scotland comes as a survey revealed a huge rise in support for same-sex marriage over the past 12 years.
More than two-thirds of people (68%) agreed that gay couples should have the right to marry, according to the figures from the Social Attitudes Survey, which tracks public opinions on a range of subjects.
The figure compares with just two-fifths of the public (41%) in 2002.
The 2014 survey suggested fewer than a fifth (17%) of Scots were against same-sex marriage, compared to 29% in 2002.
Younger people were more likely to believe gay couples should be allowed to wed than older Scots, with 83% of 18 to 24-year-olds in favour compared to 44% of those aged 65 and above.

Hat/tip to Joe Jervis

QUEER QUOTE: United Nations Adopts Resolution On the Rights of LGBT Persons

The United Nations Human Rights Council passed a resolution on the rights of LGBT Persons yesterday. The measure was sponsored by Brazil, Chile Columbia and Uruguay

National Security Advisor (and former Ambassador to the United Nations) Susan Rice issued a statement in response:

Statement by National Security Advisor Susan E. Rice on the Adoption of a UN Resolution on the Rights of LGBT Persons The United States applauds today's adoption by the UN Human Rights Council of a resolution in support of the human rights of lesbian, gay, bisexual and transgender (LGBT) persons. The second such resolution to be passed by the UN Human Rights Council, today's resolution reiterates that LGBT persons are entitled to the human rights and fundamental freedoms that are the birthright of all humankind, expresses grave concern regarding acts of violence and discrimination against LGBT persons, and requests the preparation of an important new report on preventing such abuses. We thank sponsors Brazil, Chile, Colombia, and Uruguay for their leadership, and commend the Council for taking another historic step to reinforce the unassailable principle that LGBT rights are human rights.

The vote was 25 yes, 14 No and 7 Abstentions. Joe Jervis has the list of countries who voted on the resolution.

Voting For:  Argentina, Austria, Brazil, Chile, Costa Rica, Cuba, Czech Republic, Estonia, France, Germany, Ireland, Italy, Japan, Mexico, Macedonia, Montenegro, Peru, Philippines, Romania, South Africa, South Korea, United Kingdom, United States, Venezuela, Vietnam.
Voting Against: Algeria, Botswana, Ethiopia, Gabon, Indonesia, Ivory Coast, Kenya, Kuwait, Maldives, Morocco, Pakistan, Russia, Saudi Arabia, United Arab Emirates.  
Abstaining: Burkina Faso, China, Congo, India, Kazakhstan, Namibia, Sierra Leone.

Good news overall!

Uganda Constitutional Court Declares Anti-Homosexuality Act 'Null and Void'

Good news out of Uganda for the first time in a long while! The virulently homophobic Anti-Homosexuality Act was invalidated by a 5-judge panel of Uganda's Constitutional Court, because Parliament passed the bill last December when it lacked a quorum.

The Guardian reports:

A panel of five judges ruled on Friday that the speaker of parliament acted illegally when she allowed a vote on the measure despite at least three objections that not enough MPs were in attendance. 

"The speaker was obliged to ensure that there was quorum," the court said in its ruling. "We come to the conclusion that she acted illegally." 

While celebrating the ruling, activists warned that homosexuality remains a criminal offence in the east African country under colonial-era laws. 

The fiercely controversial statute represented a dramatic toughening of the penalties. It banned the "promotion of homosexuality" and enabled life sentences to be imposed for various same-sex acts, including touching in public or living in a same-sex marriage. 

[...] 

The challenge to the law was brought by 10 petitioners, including academics, journalists, both ruling and opposition MPs, human rights activists and rights groups. They claimed that it violated the constitutional right to privacy and dignity, as well as the right to be free from discrimination and cruel, inhuman and degrading treatment. 

Friday's ruling was made before a courtroom packed with Ugandans opposing or supporting the measure. Activists erupted in loud cheers after the court ruled the law "null and void". 

Among those present was Frank Mugisha, director of Sexual Minorities Uganda."We welcome this ruling and Uganda's lesbian, gay, bisexual and transgender community can celebrate a small victory against oppression," he said. 

"However, we are disappointed that the case was not heard on its true merits. The truth is that, not only is the anti-homosexuality act persecutory, it is also unconstitutional and illegitimate. This law has no place in our society, which values dignity, privacy and equality for all our citizens. Until the act has been dismissed on the substance of our arguments, we cannot rest easy."

Congratulations to the brave LGBT Ugandan activists on their legal victory! I'm sure we have not heard the last of this. But today, at least, is a day of celebration.

Today Is #IDAHOT: International Day Against Homophobia and Transpohobia

Today, May 17th is the 60th anniversary of the release of the U.S. Supreme Court decision in Brown v Board of Education  ending legal involuntary racial segregation in public schools. It is also the 10th anniversary of the very first same-sex marriage in the United States, when Massachusetts Goodridge decision went into effect. It is also the anniversary of the day that the World Health Organization declassified homosexuality as an illness. To commemorate this fact, May 17 has been declared as the International Day Against Homophobia and Transphobia, celebrated around the world.

President Obama and Secretary of State John Kerry both issued statements acknowledging IDAHOT.

High Court of Australia Recognizes 3rd Sex Category (Neither Male Nor Female)

Interesting and important news out of Australia relating to LGBT people. Apparently the High Court of Australia ruled just over a month ago that a person does NOT have to be registered by the state as either male or female, but can be listed as a 3rd "non-specific" sex by the Registrar of Births, Deaths and Marriages.

Australia Broadcasting Corporation reported the news:

A Sydney resident who fought to be legally recognised as being of non-specific sex has hailed a High Court ruling that New South Wales laws do permit the registration of a category of sex other than male or female. 

Norrie was born male but had a sex change and now does not identify as specifically male or female. 

After a four-year legal battle, Norrie has won the right to be legally recognised as being of non-specific sex. 

Norrie, who had been quietly confident of winning the case, says the historic verdict is a big win for the wider transgender community. 

"I screamed a squeal of delight. Very loudly. It's very thrilling, very exciting," Norrie said. 

"I'm overjoyed that it has happened. It's important for people to have equal rights in society and if some people are granted the right to have their sex and certain benefits that go along with that, then why shouldn't everyone have that right? 

"Why should people be left out because they're not seen as male or female? They should be recognised as whatever they are and allowed to participate in society at an equal level."

This is a great development, and following a similar ruling by the India High Court in the last month is an indication that the idea that sex and gender are not binary phenomena is starting to gain traction among the international judiciary.

One reason why this is important for LGBT people is because the primary mechanism by which gender and sex roles are maintained and regulated is through the imputation of homosexuality. One primary example of where gender registrations are directly related to the rights and responsibilities of citizens is in the context of marriage. Thus the fact that more and more countries are recognizing

the true nature of gender and sex is exciting. 

Cuba To Host LGBT Conference This Week

Interesting news out of Cuba today. There is an international LGBT conference being hosted there this week.

More than 400 advocates from across the world will travel to Cuba next week to attend the first international LGBT conference that will take place in the Communist country.  

The sixth International Lesbian, Gay, Bisexual, Trans and Intersex Association for Latin America and the Caribbean (ILGALAC) Regional Conference will take place in the beach resort of Varadero. A number of parties and other events are scheduled to take place in nearby Havana, the Cuban capital, during the gathering.  

Mariela Castro Espín, daughter of Cuban President Raúl Castro who is the director of Cuba’s National Center for Sexual Education (CENESEX,) is president of the local committee that organized the ILGALAC conference.

It should be noted that Cuba has national legislation prohibiting discrimination based on sexual orientation and gender identity, something the United States does not have. Additionally, Fidel Castro personally apologized for the island-nation's previous persecution of gays and lesbians by the communist regime.

Hat/tip to Joe.My.God

GRAPHIC: Every Execution In The U.S. In One Chart

Hat/tip to Time magazine.

India High Court To Reconsider Controversial Sodomy Ruling

Good news! The High Court of India has announced that a 5-member panel will consider its problematic December 2013 ruling that upheld India's ban on sodomy, criminalizing the sexual behavior of literally more than a hundred million people in the world's most populous democracy. The original ruling included some shockingly homophobic language, and unfortunately the two judges that signed that decision will be participating in the re-hearing.

Buzzfeed reports:

This is LGBTI rights advocates last chance to toss out the decision, which was a harsh blow after a 12-year litigation process. In January, a two-judge panel (which included one of the judges who issued the original ruling) rejected their first attempt to have the case reconsidered, what is known as a review petition. The current motion, known as a curative petition, still faces long odds, because the five-judge panel that will consider it includes the two judges who rejected the review petition. The other judges on the panel will be the three most senior judges on the court.

But the lawyers in this case got a major boost last week when a different two-judge Supreme Court panel issued a sweeping verdict recognizing broad rights for transgender people. Though the judges in the transgender rights case were careful to explicitly say they were not offering an opinion on the 377 case, their ruling reads almost like a point-by-point rebuttal to the ruling.

Recently the India High Court declared that transgender identity is a protected category.

India High Court Recognizes Third Gender (Neither Male Nor Female)

Good news from India. A few months after the High Court upheld that country's archaic sodomy law, the court has now ruled that transgender citizens of India must be recognized as a separate third gender.

Reuters reports:

"Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue," the Supreme Court's two-judge bench said in its ruling. 

"Transgenders are also citizens of India. The spirit of the constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender."
A person who is transgender does not identify with the gender stated on their birth certificate. 

The court ruling - which came after hearing a petition filed by a group of transgenders demanding equal rights - recognized the community as a marginalized group and directed authorities to implement policies to improve their socio-economic status. 

The petitioners' lawyers said that this would mean that all identity documents, including a birth certificate, passport and driving license would recognize the third gender, along with male and female. 

The government will also have to allocate a certain percentage of public sector jobs, seats in schools and colleges to third gender applicants, said lawyer Sanjeev Bhatnagar. 

Due to their lack of access to jobs and education, many male-to-female transgenders - also known as "hijras" - are forced to work as sex workers or move around in organized groups begging or demanding money.

As Joe.My.God points out, India is the third country, after Nepal (2009) and Bangladesh (2013). Germany has become the first European country to recognize "undetermined" as the gender of new born children, but this policy is more about intersexuals than transgender individuals.

QUEER QUOTE: Obama Confirms Olympic Delegation With Open LGBT People Was Deliberate

In case people were wondering that the fact that the official U.S. delegation to the Sochi Olympics has numerous openly LGBT people (such as Olympic figure skater Brian Boitano) on it was a coincidence, President Obama confirmed yesterday that it was indeed a deliberate choice.

"There is no doubt we wanted to make it very clear that we do not abide by discrimination in anything, including discrimination on the basis of sexual orientation. One of the wonderful things about the Olympics is that you are judged by your merit, how good you are regardless of where you come from, what you look like, who you love and that I think is consistent with the spirit of the Olympics."

This quote is today's Queer Quote. Looks like Google was not alone in making it's stance on LGBT equality clear to Russia!