EU Issues New Report on LGBTetc Equality

" This is a Strategy about Humanity, Humanity in all its diversity. The way we are born is not an ideology, the way we are born is nature, is biology, is science. And despite this, the experience of discriminations against LGBTIQ people in the EU increased in recent years.

We want to build a European Union where all of us can thrive, where all of us will have the opportunity to reach their full potential.

And we must build from the foundation up.

The lesbian, gay, bisexual, trans, non-binary, intersex and queer (LGBTIQ) equality strategy adopted today is an important milestone towards achieving a Union of Equality.

It aims at building a Union where diversity is celebrated as part of our collective richness. So that all people can be themselves without risk of discrimination, exclusion or violence.

A Union where we are have the same freedoms and rights, no matter our personal characteristics.

We must pay particular attention to the diversity of LGBTIQ people's needs and to the most marginalised, including those experiencing intersectional discrimination.

This first ever LGBTIQ strategy presents the Commission's key actions and objectives for the next five years around four pillars, namely:

• tackling discrimination against LGBTIQ people,

• ensuring LGBTIQ people's safety,

• building LGBTIQ inclusive societies, and

• leading the call for LGBTIQ equality around the world.

The strategy tackles discrimination and aims to ensure equal opportunities for LGBTIQ people by combining efforts to improve legal protection against discrimination while actively promoting diversity and inclusion policies.

To tackle discrimination on the ground of sexual orientation, the Commission will ensure rigorous application of the Employment Equality Directive and will report on the Directive's implementation in 2021.

By 2022, the Commission will put forward any legislation required, which may include the reinforcement of the role of equality bodies.

We will also ensure that the gender equality strategy is implemented correctly which regards its coverage to gender reassignment.

We will also continue to work towards adoption of legislation to cover all spheres of life.

Besides, we will address discriminations through policy making and sharing of best practices. Take for example bullying and stereotyping which go on in schools towards those who are perceived as different. We need to address such discriminations.

Anti-LGBTIQ hatred or violence, and any practices aiming at “fixing” LGBTIQ people have absolutely no place in the European Union.

No-one needs fixing, it is the discrimination that needs to be wiped out of all social interactions.

Harmful practices such as:

• non-vital surgery and medical intervention on intersex infants and adolescents without their personal and fully informed consent, including ‘intersex genital mutilation';

• forced medicalisation of trans people and

• conversion practices targeting LGBTIQ people have to stop.

As announced by Commission President Ursula von der Leyen in her State of the Union address, we will present an initiative to extend the list of ‘EU crimes' in article 83 of the Treaty to cover hate crime and hate speech, including those targeting LGBTIQ people.

Besides, our societies should not stop at guaranteeing safety for LGBTIQ people.

Our societies must also be inclusive.

We will therefore ensure that case law such as the Coman case regarding the coverage of same sex partners and the definition of spouses within the freedom of movement directive is implemented by all Member States. We will propose a legislative initiative on the mutual recognition of parenthood between Member States.

If one is a parent in one country, one is a parent in all countries.

At the same time, we will counter the erasure of intersex people, as well as address difficulties with regard to the recognition of trans and non-binary identities.

Sex and gender, are not two fixed and immutable boxes.

We also underscore the EU's firm commitment to promote equality for LGBTIQ people across the globe.

Many LGBTIQ people face discrimination, harassment, persecution, imprisonment, murder or the death penalty even – simply for being who they are, simply because of the way they were born

We will strengthen the EU's engagement on LGBTIQ issues in all its external relations.

LGBTIQ rights are human rights, and should be enjoyed fully everywhere and at all times.

To deliver on the strategy's objectives, the Commission will make full use of the tools at its disposal.

Targeted actions will be combined with enhanced equality mainstreaming.

LGBTIQ people exist and are part of our diverse societies everywhere.

Their presence in society, their visibility, and their demand for rights is as much of an ideology as the presence, visibility and exercise of rights by cisgender and heterosexual people.

There is no difference.

This is why we can never accept the so called ‘LGBTIQ ideology free zones' as what they actually are is ‘humanity free zones'.

All persons are unique, and have different elements in their personality, which is why intersectionality will be used as a cross-cutting principle throughout the implementation of the strategy.

These include sex, racial or ethnic origin, religion or belief, disability, age, sexual orientation, gender identity or expression and sex characteristics.

To achieve the change that the Commission wants to deliver, all stakeholders need to work in tandem.

We need to work hand in hand.

This is why we are calling on EU institutions, Member States and EU agencies, in partnership with civil society organisations, social partners and the private sector to foster the equality that we are promoting.

The strategy flags what needs to be done at the European level, but also offers guidance and support for what needs to be done at the national level.

I invite all the Member States to develop their own action plans on LGBTIQ equality.

The Commission services are there to support the development and review of such plans in partnership with Member States.

We must make clear progress towards an EU where LGBTIQ people, in all their diversity, are equal, safe and free to fully participate in society.

Let's build a Union of Equality

And this is another step in that direction.

Thank you. "

Helena Dalli, European Union Commissioner for Equality, November 12, 2020. Union of Equality: LGBTIQ Equality Strategy 2020-2025. 

     click here to see original 

 

 

Kansas Broadens LGBTQ Protections

" The Kansas Human Rights (KHRC) Commission Board met August 21, 2020 to consider the U.S. Supreme Court’s decision in Bostock v. Clayton County and its impact on the KHRC’s interpretation of the Kansas Act Against Discrimination. The U.S. Supreme Court ruling in Bostock determine d that Title VII’s “sex” discrimination prohibition includes employment discrimination on the basis of homosexuality and transgender status. Effective today, the Kansas Human Rights Commission will begin accepting complaints of “sex” discrimination in employment, housing, and public accommodations wherein allegations include discrimination based on LGBTQ and all derivates of “sex”. "

Kansas Human Rights Commission Concurs with the U.S. Supreme Court's Bostock Decision, August 21, 2020.

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Supreme Court Rules Employment Discrimination Is Just Plain Illegal

" ... Sometimes small gestures can have unexpected consequences. Major initiatives practically guarantee them. In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today,we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.

Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result.Likely, they weren’t thinking about many of the Act’s consequences that have become apparent over the years, including its prohibition against discrimination on the basis of motherhood or its ban on the sexual harassment of male employees. But the limits of the drafters’ imagination supply no reason to ignore the law’s demands. When the express terms of a statute give us one answer and extratextual considerations suggest another, it’s no contest. Only the written word is the law, and all persons are entitled to its benefit. ... "

" ... An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It makes no difference if other factors besides the plaintiff’s sex contributed to the decision or that the employer treated women as a group the same when compared to men as a group. A statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII. ..."

United States Supreme Court (6-3 decision), June 15, 2020. The cases of Bostoc v. Clayton County, et.al.

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Canadian PM Marks International Day Against Homophobia, Transphobia, and Biphobia

“Today, on the International Day Against Homophobia, Transphobia, and Biphobia, we join Canadians and people everywhere to support LGBTQ2 rights, and speak out against the stigma, discrimination, and violence that continue to affect LGBTQ2 communities here in Canada and around the world.

“This year’s theme in Canada, ‘Family support is essential: Send love to your LGBTQ+ relatives,’ recognizes the importance of support networks for LGBTQ2 individuals who continue to face stigma and discrimination for simply being themselves. This theme emphasizes the simple actions we can take, like picking up the phone or sending a text, to offer solidarity and support. These actions can go a long way in helping to break down barriers, and make our country a more welcoming and inclusive place for all.

“On this day, we also thank and recognize those organizations from coast to coast to coast that help provide support and allyship to LGBTQ2 Canadians. This includes Fondation Émergence, which created the first day against homophobia in 2003, and continues to raise public awareness on the issues that those in the LGBTQ2 communities face.

“The current COVID-19 pandemic is a challenging time for everyone and it is having a disproportionate impact on marginalized populations, including vulnerable members of LGBTQ2 communities. That is why we are providing even more support to charities and non-profit organizations that serve our communities through the Emergency Community Support Fund. During this uncertain time, it is more important than ever to show our fellow Canadians that we are in this together.

“Though we still have a great deal of work left to do, the Government of Canada has committed to taking further action for LGBTQ2 communities. This includes the launch of the LGBTQ2 Community Capacity Fund, which will provide funding to LGBTQ2 organizations working to advance equality in Canada, as well as the introduction of legislation in March to criminalize the cruel and harmful practice of conversion therapy. If passed, Bill C-8 would help ensure that all Canadians can be free to be themselves, just as they are.

“Today, and every day, I encourage all Canadians to do their part to make our country a place where LGBTQ2 people can be themselves without fear. We are all stronger when we embrace diversity, and when all Canadians are free to live their lives to the fullest.”

Prime Minister Justin Trudeau, May 17, 2020.

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Calif. Gov Issues Pardon to Civil Rights Icon Bayard Rustin

" In California and across the country, many laws have been used as legal tools of oppression, and to stigmatize and punish LGBTQ people and communities and warn others what harm could await them for living authentically. I thank those who advocated for Bayard Rustin’s pardon, and I want to encourage others in similar situations to seek a pardon to right this egregious wrong. ”
 
California Governor Gavin Newsom, February 4, 2020. Issuance of pardon for 1953 gay sex conviction, for the late Civil Rights movement icon, and openly gay man. 

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Calif. Gov's Pardon to Civil Rights Icon Bayard Rustin

 

 

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Court Stops USAF from Discharging HIV+ Servicemembers

" …  Roe, Voe, and the four identified members of OutServe wish to continue to serve their country. Their doctors and their commanding officers support their retention. But the Air Force, without individually considering each servicemember’s condition, fitness, and deployability, assumed the servicemembers could not deploy to CENTCOM’s area of responsibility because they are HIV-positive. The Government’s explanations for why it has imposed an effective ban on deploying HIV-positive servicemembers to CENTCOM’s area of responsibility are at odds with modern science. These servicemembers, like other HIV-positive individuals with undetectable viral loads, have no symptoms of HIV. They take daily medication—usually one pill, for some people two—and need a regular, but routine blood test. They cannot transmit the virus through normal daily activities, and their risk of transmitting the virus through battlefield exposure, if the virus can be transmitted at all, is extremely low. Although transmission through blood transfusion is possible, these servicemembers have been ordered not to donate blood. But the Government did not consider these realities when discharging these servicemembers, instead relying on assumptions and categorical determinations. As a result, the Air Force denied these servicemembers an individualized determination of their fitness for military service.

Plaintiffs have demonstrated a likelihood of success of the merits of at least one claim and have made a clear showing of irreparable harm in the absence of a preliminary injunction. The equities and public interest weigh in the Plaintiffs’ favor, and the district court did not abuse its discretion in crafting the preliminary injunction. Accordingly, we affirm the order of the district court. "

United States Court of Appeals for the Fourth Circuit (Richard Roe v. DOD), Judge James A. Wynn Jr., January 10/14, 2020.
 

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