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Colombia’s first openly gay congressman to seek re-election

Mauricio Toro elected in 2018

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Colombian Congressman Mauricio Toro. (Photo courtesy of Sandra Vega)

BOGOTÁ, Colombia — The first openly gay man elected to Colombia’s congress says he plans to run for a second term in 2022.

“I think that I will be re-elected to the House of Representatives,” Congressman Mauricio Toro told the Washington Blade on Sept. 21 during a Zoom interview from Bogotá, the Colombian capital.

Toro, 38, is a member of the Green Alliance, a center-left party known as “Alianza Verde” in Spanish.

Voters elected him in 2018. Colombian Sen. Angélica Lozano, a bisexual Colombian senator and Green Alliance member who is married to Bogotá Mayor Claudia López, is the only other openly LGBTQ person in the Congress.

Toro after his election told the Blade his agenda “is not only an agenda for the LGBTI community.” He reiterated that point on Sept. 21.

“The needs of the LGBTI community are not only the guarantee that we have the same rights as any other Colombian,” said Toro. “[They are] the right to a dignified and quality job, the right to financing of higher education, the right to a health care system that provides us with quality care, the right to social protest, the right to enjoy a healthy environment and the right today to have and to create a business and generate jobs.”

Toro told the Blade the main pillars of his platform remain entrepreneurship “as a model of economic development,” more funding for Colombia’s public education system, innovation and increased access to technology. Toro stressed LGBTQ Colombians — along with everyone else in the country — will benefit from this agenda.

“We started with those elements from the base,” he said. “We said well, as a community we also want the same as any Colombian in addition to reinforcing our rights.”

Congress not responsible for LGBTQ rights advances

Colombia is among the Latin American countries in which same-sex couples can legally marry. Transgender people are also able to legally change their name and gender on identification cards and other government documents without surgery.

Then-President Juan Manuel Santos and the Revolutionary Armed Forces of Colombia Commander Rodrigo “Timochenko” Londoño in 2016 signed a peace agreement that specifically acknowledged LGBTQ Colombians as victims of the decades-long conflict that killed more than 200,000 people and called for their participation in the country’s political process.

“Colombia is a country that leads Latin America in terms of the rights and guarantees that have been granted to the LGBTI community,” said Toro. “Today we have on paper all of the rights that a Colombian citizen who is heterosexual has.”

Colombia Diversa, a Colombian LGBTQ rights group, on Sept. 15 issued a report that notes 226 LGBTQ people were reported murdered in the country in 2020. This figure is more than twice the number of LGBTQ Colombians — 107 — who Colombia Diversa said were known to have been killed in 2019.

Sergio Urrego, 16, in 2014 died by suicide after administrators and a psychologist at his Roman Catholic high school in Bogotá bullied him because he was gay. A court in May sentenced Amanda Castillo, the school’s former principal, to more than eight years in prison.

Toro told the Blade that LGBTQ rights advances in Colombia have come from the country’s Constitutional Court, and not Congress.

“They have been given to us on paper. What’s the problem? It is the implementation of them because these rights have not been won through the Congress,” he said.

“A law is much more explicit because a law has defined chapters and articles and defines the mechanisms of how a right should be applied and the same government is assigned the duty of regulating each of these applications,” added Toro.

Toro specifically criticized President Iván Duque, noting he has asked for congressional hearings over what he described as his government’s failure to implement an LGBTQ public policy that Santos announced before he left office. Toro also noted he has introduced bills that would require political parties to have at least one openly LGBTQ representative and implement an economic development plan that specifically advances rights based on sexual orientation and gender identity.

The Green Alliance has also formed “Verdes a Colores,” a group that seeks to elect LGBTQ people to local councils, mayorships and other public offices across Colombia.

“Together with the alternative parties, we have been able to work together a lot to guarantee the protection of our community’s fundamental rights,” said Toro, specifically referring to his party.

“I am the only openly gay congressman in Colombia and I am very alone,” he added. “We are around 300 (in the Congress) … I am fighting for our community’s flag, but with the support and encouragement of members of other parties that understand that this is a fight for equality, even though they are heterosexual.”

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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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