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Chile president backs marriage equality

Activists are celebrating Sebastián Piñera’s historic change of heart

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Sebastián Piñera, Chile, gay news, Washington Blade
Sebastián Piñera

Editor’s note: The Washington Blade on Thursday published a Spanish version of this story.

SANTIAGO, Chile — Chilean President Sebastián Piñera on Tuesday announced he supports a marriage equality bill, marking a historic change of heart since he had previously opposed two people of the same sex being able to marry.

“I think the time has come for marriage equality in our country,” said Piñera in a surprising declaration that left no doubts.

“We must deepen the value of freedom, including the freedom to love and to form a family with a loved one, and (we must) also expand upon the value of the dignity of all relationships of love and affection between two people,” stressed the president during his last speech to Congress.

Justice Minister Hernán Larraín on Thursday confirmed “great urgency will be placed on it so that it can proceed with some speed and I believe it shouldn’t be very difficult because there are majorities in Congress to approve this measure. The president’s intention is not to introduce a new bill, but to move forward with the one that was already in the Senate.”

The bill that Larraín mentioned is the one that former President Michelle Bachelet sent to Congress in 2017 soon after the country entered into an agreement with the Inter-American Court of Human Rights after the Movement for Homosexual Integration and Liberation (Movilh), the country’s oldest LGBTQ rights organization, filed a lawsuit.

This means each chamber of Congress should dispatch the bill within 15 days, which Movilh President Rolando Jiménez says is a “great and hopeful sign for same-sex couples and same-sex families who live in complete legal inequality.”

“After 30 years of struggle, we are closing one of the most important battles for LGBTIQ people,” he said. “All families will finally have the dignity they deserve.”

Jiménez, who has been fighting for LGBTQ rights in the country for many years, pointed out that “we value this change in attitude by Piñera.”

“We hope that the Congress between today and tomorrow will recognize the utmost urgency (to pass the marriage equality bill.),” said Jiménez. “We especially recognize and highlight that Piñera decided to promote the same bill that we drafted together with former President Michelle Bachelet within the framework of the agreement that the State and Movilh signed before the Inter-American Commission on Human Rights.”

Jiménez added that he and Movilh “declare ourselves especially excited because this announcement is taking place during Pride month and weeks before Movilh celebrates 30 years of struggle on June 28.”

Same-sex couples in Chile since 2015 has been able to enter into civil unions, but LGBTQ activists say this legal status is insufficient. Seven Latin American countries — Argentina, Brazil, Colombia, México, Uruguay, Ecuador and Costa Rica — are among the nations that have extended marriage rights to same-sex couples.  

Reactions to Piñera’s announcement

Piñera’s announcement generated a genuine political earthquake. #MarriageEquality immediately became a trending topic on Twitter. Members of Piñera’s party in Congress accused him of “treason” for deciding to push forward with the bill.

The opposition, meanwhile, celebrated the decision, but resentments remain since its relationship with Piñera’s government has been broken for a long time because of its handling of the pandemic, human rights violations during social unrest and other differences.

The Catholic Church, on the other hand, through a statement declared itself in opposition to the measure. “What is established and wanted by God is that it (marriage) is only between a man and a woman,” it said.

“From the point of view of the rights of people who decide to live together, national legislation has established a regime that legally protects their decision and grants it recognition,” the church pointed out, referring to the civil union law that does not allow adoption and does not recognize paternity.

The church also affirmed that “those of us who follow Jesus Christ as Lord and savior and are guided by his teaching hold the truth that marriage established and willed by God is only between a man and a woman, a communion that creates life and establishes the family.”

Wave of anti-LGBTQ violence

Piñera’s announcement coincides with a dramatic increase in violence against queer people in Chile. The judiciary system and the government have not responded to the majority of cases in a timely manner.

Fundación Iguales, a Chilean group allied with the Human Rights Campaign, in partnership with AllOut recently launched a campaign to stop the violence and to urge Piñera’s government to reform the Anti-Discrimination Law passed in 2012 in the wake of the anti-gay attack against Daniel Zamudio, a case that sparked outrage in Chile and around the world.

The goal of the “No More Laws with Name” campaign is to raise awareness about the need to improve the current legislation to ensure that it actually prevents hate crimes.  

Fundación Iguales said it based the campaign on a survey to which 1,454 LGBTQ adults from across the country responded. Two-thirds of respondents said they had been verbally attacked over the last five years.

The results also show that a quarter of respondents said they have been physically assaulted at some point in their life because of their sexual orientation, identity or gender expression. Most of these attacks occurred in public.

“Fundación Iguales has a zero-tolerance policy for violence against LGBTI people,” said Fundación Iguales Executive Director Isabel Amor. “For this reason, we have, in addition to preparing our own survey, created an interactive platform that will allow everyone, regardless of their sexual orientation, identity or gender expression, to know about their chances of suffering an attack or hate crime.”

“The numbers make clear the need for urgency to respond to the demands of sexual diversity (activists), to have full inclusion in terms of rights and benefits,” added Amor. “The first thing we have to do to achieve this is to establish that the demands for security and inclusion, as well as for marriage equality, are not niche things, but those for the majority of the population.”

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Chile

Transgender woman sues Chilean national police

Isabella Panes alleges she suffered harassment, exclusion after becoming ‘carabinera’

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Isabella Panes (Courtesy photo)

Isabella Panes in 2022 was celebrated as a symbol of inclusion. 

Wearing an olive green uniform and a shy smile, she appeared in the media and on social media as Chile’s first trans female “carabinera” or national police officer. The Carabineros promoted Panes as a sign of openness, but that story has become a dramatic case of institutional discrimination.

Panes today faces the Carabineros in court.

She has denounced a series of systematic acts of exclusion, harassment at work, and violation of fundamental rights that she and her defense team maintains pushed her into a mental health crisis that almost cost her her life.

“My hope is that tomorrow we will be able to live in a world of equality for all. Just that we understand that we are human beings and we have to make life a lot easier for each other,” Panes told the Washington Blade during an exclusive interview.

Panes, 29, grew up in Laja in the Biobío region.

She dreamed of becoming a “carabinera” since she was a child, despite the fact that she faced discrimination because of her gender identity. After years of effort, surgeries and a difficult transition, Panes enrolled in the Carabineros Academy in 2021.

Panes faced the challenge of making her medical processes compatible with the physical demands of training. Even so, she graduated with good marks, and was recognized as part of the new institutional image the Carabineros wanted to project after the 2021 social unrest tarnished their image.

This institutional support disappeared after the media campaign.

Panes alleges she was marginalized from operational duties and relegated to administrative tasks, despite her interest in and training to patrol the streets like any other officers.

“I joined the Carabineros to serve, not to be a marketing decoration,” she said. “I was offered to be part of the change, but only if I kept quiet and accepted the mistreatment.”

The accusations against the Carabineros are serious: Constant mockery by colleagues, dissemination of private information about her personal life, invasive questions about her body and sexual orientation. Panes’s legal representatives said this abuse took place within a context where the institution did not take effective measures to protect their client.

The Carabineros Social Security Administration, known by the Spanish acronym Dipreca, also refused to cover her transition-related medical procedures, arguing they were “aesthetic,” despite medical reports that indicated their importance for Panes’s mental health and well-being.

Panes in January attempted to kill herself by suicide. She managed to survive after calling Chile’s 4141 mental health care number for help.

“They were killing me slowly, from the inside,” said Panes.

Panes has brought her case to the Supreme Court after a lower court ruled in favor of Dipreca’s decision to not cover her medical treatments.

Her legal team in a lawsuit has also accused the Carabineros of employment and systematic discrimination. Panes is seeking damages and institutional reforms.

“The Carabineros used Isabella to clean up its public image, but when it came to guaranteeing real rights, they abandoned her,” said Javiera Zúñiga, spokesperson for the Movement for Homosexual Integration and Liberation, a Chilean advocacy group.

“It is not enough to show up at the Pride march,” she added. “True inclusion is demonstrated in deeds, in daily dealings, in respect for the dignity of all people.”

Panes’s case starkly exposes the limits of diversity policies when there is no deep institutional commitment to implement them.

“I am no longer afraid,” said Panes, ”What happened to me cannot happen again. Not for me, but for all those who come after me.”

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Brazil

US lists transgender Brazilian congresswoman’s gender as ‘male’ on visa

Erika Hilton has represented São Paulo since 2022

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Brazilian Congresswoman Erika Hilton speaks at an LGBTQ Victory Institute-sponsored conference in Brasília, Brazil, in 2023. (Photo by Ester

A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”

Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.

The conference took place earlier this month.

“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”

Hilton is a Black travesti and former sex worker from São Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.

“It is a big responsibility … but I feel very honored,” said Hilton. “I very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz Inácio Lula da Silva in a São Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.”

President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.

Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.

Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.

“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”

Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”

“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.

Editor’s note: Duda Salabert, another transgender Brazilian congresswoman, also said the U.S. listed her gender as “male” on her American visa.

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United Kingdom

UK Supreme Court rules legal definition of woman limited to ‘biological women’

Advocacy groups say decision is serious setback for transgender rights

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The U.K. Supreme Court (Photo by c_73/Bigstock)

The British Supreme Court on Wednesday ruled the legal definition of a woman is limited to “biological women” and does not include transgender women.

The Equality Act that bans discrimination based on sexual orientation and gender identity took effect in 2010.

Scottish MPs in 2018 passed a bill that sought to increase the number of women on government boards. The Supreme Court ruling notes For Women Scotland — a “feminist voluntary organization which campaigns to strengthen women’s rights and children’s rights in Scotland” — challenged the Scottish government’s decision to include trans women with a Gender Recognition Certificate in its definition of women when it implemented the quota.

Stonewall U.K., a British advocacy group, notes a Gender Recognition Certificate is “a document that allows some trans men and trans women to have the right gender on their birth certificate.”

“We conclude that the guidance issued by the Scottish government is incorrect,” reads the Supreme Court ruling. “A person with a GRC (Gender Recognition Certificate) in the female gender does not come within the definition of ‘woman’ for the purposes of sex discrimination in section 11 of the EA (Equality Act) 2010. That in turn means that the definition of ‘woman’ in section 2 of the 2018 Act, which Scottish ministers accept must bear the same meaning as the term ‘woman’ in section 11 and section 212 of the EA 2010, is limited to biological women and does not include trans women with a GRC.”

The 88-page ruling says trans people “are protected by the indirect discrimination provisions” of the Equality Act, regardless of whether they have a Gender Recognition Certificate.

“Transgender people are also protected from indirect discrimination where they are put at a particular disadvantage which they share with members of their biological sex,” it adds.

Susan Smith, co-founder of For Women Scotland, praised the decision.

“Today the judges have said what we always believed to be the case, that women are protected by their biological sex,” she said, according to the BBC. “Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the Supreme Court for this ruling.”

Author J.K. Rowling on X said it “took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court.”

“In winning, they’ve protected the rights of women and girls across the UK,” she added.

Advocacy groups in Scotland and across the U.K. said the ruling is a serious setback for trans rights.

“We are really shocked by today’s Supreme Court decision — which reverses 20 years of understanding on how the law recognizes trans men and women with Gender Recognition Certificates,” said Scottish Trans and the Equality Network in a statement posted to Instagram. “The judgment seems to have totally missed what matters to trans people — that we are able to live our lives, and be recognized, in line with who we truly are.”

Consortium, a network of more than 700 LGBTQ and intersex rights groups from across the U.K., in their own statement said it is “deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling.”

“As LGBT+ organizations across the country, we stand in solidarity with trans, intersex and nonbinary folk as we navigate from here,” said Consortium.

The Supreme Court said its decision can be appealed.

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