News
Australia high court strikes down same-sex marriage law
27 gay couples tied the knot in capital territory over last five days
The Australia High Court unanimously ruled the statute that ACT lawmakers narrowly approved nearly two months ago cannot remain in effect alongside a federal law that defines marriage as between a man and a woman.
“Only a marriage conforming to that definition may be formed or recognized in Australia,” the decision reads. “The provisions of the ACT Act which deal with the rights of parties to marriages formed under that Act and with the dissolution of such marriages can have no valid operation.”
The Star Observer, an Australian LGBT newspaper, reported 27 gay and lesbian couples married in the ACT in which the country’s capital of Canberra is located since the same-sex marriage law took effect on Dec. 7. The Australia High Court decision nullifies these unions.
Ivan Hinton of Australian Marriage Equality married his partner, Chris Teoh, on Dec. 7.
The Associated Press reported the couple on Wednesday applied to change their last names to Hinton-Teoh once they received their marriage certificate.
“It is personally devastating that my marriage to Chris has only enjoyed legal significance for five days,” Hinton told the Washington Blade. “But our commitment to one another is lifelong and our resolve to achieving marriage equality for all Australians is only more resolute.”
Australian Marriage Equality National Director Rodney Croome further categorized the ruling as “just a temporary defeat.”
The decision said only the federal government can decide whether to extend marriage rights to same-sex couples.
The Star Observer reported a group of Australian senators on Wednesday pledged to form what the newspaper described as a “working group” to push the issue of nuptials for gays and lesbians in the country’s Parliament. Prime Minister Tony Abbott opposes marriage rights for same-sex couples, even though his sister is a lesbian and his wife and daughters back the issue.
“We now have a clear political and constitutional path forward for marriage equality, and call on the prime minister to grant his party a free vote on the reform,” said Croome.
Amy Coopes, an Australia-based correspondent for Agence France-Presse, told the Blade that advocates remain optimistic about the prospects of marriage rights for same-sex couples in the country in spite of their obvious disappointment with the ruling.
“It ruled that the Parliament does have the power to change the Marriage Act and that gay marriage is, in effect, legal if they want it to be,” said Coopes. “Seems to be common sense, but this is the first time it’s been stated.”
Miles Heffernan, who is the features editor for the Star Observer, noted to the Blade during a telephone interview from Sydney the decision in fact opens the door to adding same-sex couples to the federal marriage law.
“So they were part very conservative, part a little bit activist,” said Heffernan.
New Zealand is among the 15 countries in which gays and lesbians can legally marry.
Same-sex couples will be able to legally marry in England and Wales on March 29. The Irish government last month announced a referendum on whether to extend marriage rights to gays and lesbians will take place in 2015.
Maryland
Salisbury, Md. rainbow crosswalk removed on Veterans Day
Mayor’s order denounced by LGBTQ activists as act of bigotry
Under the directive of its mayor and over strong objections from LGBTQ rights advocates and their supporters, the city of Salisbury, Md. on Nov. 11 removed a rainbow crosswalk from a prominent intersection across from the mayor’s office and the city’s public library.
Salisbury LGBTQ rights advocate Mark DeLancey, who witnessed the crosswalk removal, said instead of painting over it as other cities have done in removing rainbow crosswalks, a powerful grinding machine was used to rip apart the asphalt pavement under the crosswalk in what he believes was an effort by the mayor to “make a point.”
Like officials in other locations that have removed rainbow crosswalks, Salisbury Mayor Randy Taylor said the crosswalk removal was required under U.S. Department of Transportation regulations put in place by the Trump administration that do not allow “political” messages on streets and roadways.
“Since taking office, I’ve been transparent about my concerns regarding the Pride crosswalks installed in Downtown Salisbury,” Taylor said in a statement. “While I have made every effort to respect the decisions of previous administrations and the folks that supported them, it has become clear that a course of correction – as planned – is necessary to align with current Department of Transportation standards for roadway markings,” he said in his Nov. 7 statement that was posted on the city’s Facebook page.
DeLancey is among the activists and local public officials in many cities and states that dispute that the federal Department of Transportation has legal authority to ban the Pride crosswalks. D.C. and the Northern Virginia jurisdictions of Arlington and Alexandria are among the localities that have refused to remove rainbow crosswalks from their streets.
“He decided to take this on himself,” DeLancey said of Taylor’s action. “It’s not a law. It’s not a ruling of any kind. He just said that was something that should happen.”
DeLancey points out that Salisbury became the first jurisdiction in Maryland to install a rainbow crosswalk on a public street in September 2018.
“This is another blatant attempt by our Republican mayor to remove any references to groups that don’t fit with his agenda,” Salisbury LGBTQ advocate Megan Pomeroy told the local publication Watershed Observer. “The rainbow crosswalk represents acceptance for everyone. It tells them, ‘You matter. You are valued. You are welcome here,’” she was quoted as saying.
The publication Delmarva Now reports that a longtime Salisbury straight ally to the LGBTQ community named K.T. Tuminello staged a one-person protest on Nov. 10 by sitting on the sidewalk next to the rainbow crosswalk holding a sign opposing its removal.
“Tuminello said Nov. 10 he had been at the embattled crosswalk since 12 a.m. that morning, and only three things could make him leave: ‘I get arrested, I have to get into an ambulance because of my medical difficulties, or Randy Taylor says you can keep that one rainbow crosswalk,’” the Delaware Now article states.
DeLancey said he has known Tuminello for many years as an LGBTQ ally and saw him on the night he staged his sit-in at the site of the crosswalk.
“I actually went to him last night trying to give him some water,” DeLancey told the Washington Blade. “He was on a hunger strike as well. He was there for a total of 40 hours on strike, not eating, no sleeping in the freezing cold”
Added DeLancey, “He has been supporting our community for decades. And he is a very strong ally, and we love his contribution very much.”
Political observers have pointed out that Salisbury for many years has been a progressive small city surrounded by some of Maryland’s more conservative areas with mostly progressive elected officials.
They point out that Taylor, a Trump supporter, won election as mayor in November 2023 with 36.6 percent of the vote. Two progressive candidates split the vote among themselves, receiving a combined total of 70.8 percent of the vote.
Kazakhstan
Kazakh lawmakers advance anti-LGBTQ propaganda bill
Measure likely to pass in country’s Senate
Lawmakers in Kazakhstan on Wednesday advanced a bill that would ban so-called LGBTQ propaganda in the country.
Reuters notes the measure, which members of the country’s lower house of parliament unanimously approved, would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.”
The bill now goes to the Kazakh Senate.
Reuters reported senators will likely support the measure. President Kassym-Jomart Tokayev has also indicated he would sign it.
Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.
Consensual same-sex sexual relations are decriminalized in Kazakhstan, but the State Department’s 2023 human rights report notes human rights activists have “reported threats of violence and significant online and in-person verbal abuse towards LGBTQI+ individuals.” The document also indicates discrimination based on sexual orientation and gender identity remains commonplace in the country. (Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, in August condemned the current White House for the “deliberate erasure” of LGBTQ and intersex people from the State Department’s 2024 human rights report.)
Russia, Georgia, and Hungary are among the other countries with propaganda laws.
Virginia
Ghazala Hashmi names Equality Virginia executive director to transition team
Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.
Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.
State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.
“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”
“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”
Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.
Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.
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