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Botswana attorney general seeks to recriminalize homosexuality

High Court heard case on Oct. 12

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(Public domain photo)

GABORONE, Botswana — On June 11, 2019, Botswana moved toward being a state that no longer held some of its citizens (and, by extension, visitors) as criminals if they identified within the LGBTQ spectrum. However, the government didn’t take too long before it declared its intention to appeal the High Court judgment that asserted that consensual same-sex sexual activity in private was not to be a criminal act.

The appeal hearing took place on Oct. 12.

There are some key things to understand about what the High Court did for people in Botswana. The judgment, written and delivered by Justice Leburu, not only put a clear delineation between the state’s powers to intrude in people’s private sexual lives, but it also stated that laws that served no purpose in the governance of the people they oversaw were most likely worthy of “a museum peg” more than being active laws of the land.

In the hearing on Oct. 9, a full bench of five judges of the Court of Appeal was treated to the government’s case—as presented by advocate Sydney Pilane of the Attorney General’s Chambers—along with hearing the rebuttals from the legal counsel representing Letsweletse Motshidiemang, who brought the original case against the government, and LEGABIBO, an NGO admitted as amicus curiae, a friend of the court. The appeal, two years in the making, would have been expected to be based on facts rather than opinions of what could and could not be accepted by hypothetical Batswana. Pilane even went so far as to contest that President Mokgweetsi Masisi’s utterances about how people in same-sex relationships were ā€œsuffering in silenceā€ were taken out of context as he was talking about gender-based violence and not endorsing their relationships.

The 2019 ruling of the High Court, the most supreme court of incidence in the country, not only declared people who were or had interest in engaging in consensual same-sex sexual activity not criminals, but it also allowed non-queer people to engage in sex acts that would otherwise be considered ā€œagainst the order of natureā€ freely. The latter clause had often been interpreted as being solely about non-heterosexuals but on greater interrogation one realizes that any sex act that doesn’t result in the creation of a child was considered against this ā€˜order of nature’ and that nullified much of heterosexual sexual exploration—further painting these clauses as out of touch with contemporary Botswana as Leburu expressed.

In some of his appeal arguments, Pilane stated that Batswana “do not have a problem with gay people”, yet he based his contention on the fact that Batswana “respect the courts’ decisions;” as such they would not take up arms at the court’s decision to decriminalize consensual same-sex sexual activity. Pilane maintained that the decision to decriminalize should be left to the Parliament on the recommendation of the courts. The bench was swift to query whether a body of politicians elected by a majority would be the best representatives of a minority that was oppressed by laws that the very politicians benefitted from.

Botswana’s legal system allows for the High Court ruling to remain the law of the land until such a point as it’s struck down. The Court of Appeal ruling in favor of Batswana’s sexual liberties will be a nail in the proverbial coffin of residual colonial sex-related laws plaguing Botswana. This will not be the end by any means though. Where the attorney general can form a case stating that decriminalizing consensual same-sex relations could be likened to people locking themselves in their houses with animals and having their way with them, we know that mindset changes need to be prioritized to ensure that all Batswana understand their constitutionally protected rights to privacy, expression, and freedom of association as relates to their personal and sexual lives.

The 2010 Employment Act of Botswana already protects people from being discriminated against based on their sex or gender identity. The nation’s sexual violence laws were made gender neutral, thus covering non-consensual sex (rape) in all its possibilities. In upholding the ruling of the High Court, the Court of Appeal will allow the LGBTQ and SOGIESC (sexual orientation, gender identity and expression and sex characteristics) movements in Botswana some respite as attention is then channeled toward other pressing matters such as name changes, access to healthcare, and other culturally pertinent issues.

The Court of Appeal is expected to hand down a judgement following their deliberations in 4-6 weeks (mid to late November), however, this remains at their discretion. As it stands, since the High Court ruling in 2019, Botswana has experienced increased social accommodation for LGBTQ matters and figures—however, this is not to say there have not been any negative instances. With the continued sensitization, the expectation is that the courts, the government and NGO players will all contribute to a broad, national, culturing of LGBTQ rights in Botswana devoid of colonial residues.

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Australia

Australian LGBTQ rights group issues US travel advisory

Equality Australia warns transgender, nonbinary people of ‘serious risks’

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Equality Australia has issued a U.S. travel advisory.

An LGBTQ rights group in Australia has issued a travel advisory for transgender and nonbinary people who plan to visit the U.S.

Equality Australia on April 14 posted the advisory to its website that states the U.S. government’s policy on visas and Electronic System for Travel Authorization or ESTA “appears to be” the following:

• To use the term ā€œbiological sexā€

• To only use the gender marker recorded at a person’s birth, even if this differs from their gender

• That valid foreign passports with an ‘X’ gender marker and a valid visa (if needed) may continue to be admitted, however this is contingent upon satisfying inspection of their admissibility by the U.S. Customs and Border Protection officer at the port of entry

• That any previously issued, valid visa may remain current until its expiration date and the visa holder does not need to apply for a new visa with an amended gender marker until the current visa expires (it is unclear whether this applies to ESTAs)

• That new visas will only be issued under the gender marker recorded for the applicant at birth (it is unclear whether this applies to ESTA applications, although only ‘M’ and ‘F’ gender marker options are available for ESTA applications)

• That if consular officers assessing visa applications become aware an application does not contain the gender marker recorded at the applicant’s birth, they should assess additional evidence (such as previous travel records, although the scope is unclear), and/or conduct interviews and

• That where individuals are not using the gender marker recorded at their birth, consular officers should consider classifying the application as procuring a visa through material misrepresentation or fraud, which results in a lifetime bar from the U.S.

President Donald Trump shortly after he took office on Jan. 20 issued an executive order that bans the State Department from issuing passports with ā€œXā€ gender markers. Secretary of State Marco Rubio in response to directive ordered State Department personnel to ā€œsuspend any application requesting an ā€˜X’ sex marker and do not take any further action pending additional guidance from the department.ā€ A federal judge in Boston on April 18 issued a temporary injunction against the Trump-Vance administration’s directive.

Equality Australia says its advisory is “relevant if you are traveling to the U.S.” and fall under the following criteria:

• Hold a passport with a gender ‘X’ marker

• Have identity documents with gender markers different to those assigned to you at birth, or where other relevant details (such as your name) have been changed

• Have gender markers in your identity documents that do not match your gender expression

• Have a track record of LGBTIQ+ activism or other political activity.

“Travel to the U.S. carries serious risks that should be considered before planning any travel, particularly if you fall under one of the above categories,” reads the advisory.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

WorldPride is scheduled to take place in D.C. from May 17-June 8.

InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S. Egale Canada, one of Canada’s largest LGBTQ advocacy organizations, in February announced its members will not attend WorldPride and any other event in the U.S. because of the Trump-Vance administration’s policies.

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The Vatican

Pope Francis dies at 88

Vatican’s tone on LGBTQ, intersex issues softened under papacy

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Pope Francis (Photo by palinchak via Bigstock)

Pope Francis died on Monday at his official residence at the Vatican. He was 88.

Cardinal Kevin Farrell, the Vatican camerlengo, said Francis passed away at Casa Santa Marta at 7:35 a.m. local time (1:35 a.m. ET.)

“His entire life was dedicated to the service of the Lord and of his church,” said Farrell. “He taught us to live the values of the Gospel with fidelity, courage, and universal love, especially in favor of the poorest and most marginalized. With immense gratitude for his example as a true disciple of the Lord Jesus, we commend the soul of Pope Francis to the infinite merciful love of the one and triune God.”

Francis, a Jesuit who was previously known as Jorge Mario Bergoglio, was born in Buenos Aires to Italian immigrant parents in 1936. He became archbishop of the Argentine capital in 1998.

The Buenos Aires Metropolitan Cathedral in Buenos Aires, Argentina, on April 3, 2025. (Washington Blade photo by Michael K. Lavers)

Pope John Paul II in 2001 appointed him cardinal. The College of Cardinals in 2013 elected Francis to succeed Pope Benedict XVI after he resigned.

Francis vehemently opposed Argentina’s marriage equality law that then-President Cristina FernĆ”ndez de Kirchner signed in 2010. Francis as pope backed civil unions for gays and lesbians and in 2023 said priests can bless same-sex couples.

Francis in 2023 said laws that criminalize homosexuality are “unjust.” He appointed Robert McElroy, an LGBTQ-friendly cardinal from San Diego, as the new archbishop of Washington.

The pontiff in 2015 met with a group of gay, transgender, and HIV-positive prisoners in the Italian city of Naples. A Vatican charity in 2020 gave money to a group of trans sex workers in Italy who were struggling to survive during the COVID-19 pandemic.

Francis last October met with a group of trans and intersex Catholics and LGBTQ allies at the Vatican. GLAAD President Sarah Kate Ellis and Juan Carlos Cruz, a gay Chilean man who is a clergy sex abuse survivor, are among those who also met with Francis during his papacy.

Church teachings on homosexuality and gender identity, however, did not change.

“From the early months of his papacy when he uttered the now-iconic ‘Who am I to judge?’ in response to a question about accepting gay priests, through numerous affirming pastoral messages to individual LGBTQ+ people, to his support for civil unions, and his condemnation of criminalization laws, Pope Francis has changed the church irreversibly by allowing people to see how their Catholic faith requires acceptance and equality,” said Francis DeBernardo, executive director of New Ways Ministry, a Mount Rainier, Md., based LGBTQ Catholic advocacy organization, in a statement.

DignityUSA Executive Director Marianne Duddy-Burke met Francis in 2023.

The group in a statement acknowledged the pontiff’s “legacy on LGBTQ+ issues is complicated,” noting “even with the recognition of so many positive words and actions, church teachings and even some recent Vatican documents remain problematic.ā€ DignityUSA President Meli Barber nevertheless praised Francis.

ā€œWe also recognize that Pope Francis has raised awareness of LGBTQ+ issues in our church in truly unprecedented ways,” said Barber. “He spoke about us using our own terms and made a point of being seen meeting with LGBTQ+ people frequently. This sent a message of recognition and inclusion we never experienced from the Vatican before.ā€

A picture of Pope Francis inside St. Matthew’s Cathedral in D.C. on April 21, 2025. (Washington Blade photo by Michael K. Lavers)

Pope’s legacy is ‘mixed’

Activists in Argentina and around the world also mourned Francis.

“We mourn his death and embrace the people who are suffering today because of his passing,” LGBT Federation of Argentina President MarĆ­a Rachid told the Washington Blade.

Dindi Tan, national president of LGBT Pilipinas in the Philippines, on her Facebook page wrote Francis “was unafraid to challenge age-old dogmas and to ‘rattle’ the cage.” Pedro Julio Serrano, president of the Puerto Rico LGBTQ+ Federation, said Francis was an “ally of equity, humanity and dignity of LGBTQ+ people, not only during his pontificate, but throughout his life.”

Peter Tatchell, a long-time LGBTQ activist from the U.K. who is director of the Peter Tatchell Foundation, in a statement acknowledged Francis’s “more compassionate tone towards sexual minorities” that includes blessings for same-sex couples. Tatchell, nevertheless, pointed out the Vatican under Francis’s papacy continued to oppose marriage equality and trans rights.

“The Catholic Church remains a force for discrimination and suffering,” said Tatchell. “Under his leadership, the Vatican continued to oppose same-sex marriage and trans rights. Catholic bishops lobbied against the decriminalization of homosexuality in many parts of the world. The Vatican still upholds the homophobic edicts of the Catechism, which denounces the sexual expression of same-sex love as a ‘grave depravity’ and ‘intrinsically disordered.’ Francis’s legacy is, therefore, a mixed one — offering some progress but leaving deep-rooted inequalities largely intact.”

Vance met with Francis on Easter Sunday

Francis earlier this year spent more than a month in a Rome hospital after he developed double pneumonia.

A mural in Rosario, Argentina, on April 10, 2025, that reads, “We are praying for you Francis.” (Washington Blade photo by Michael K. Lavers)

He met with Vice President JD Vance at the Vatican on Easter Sunday, hours before his death.

The pope had previously criticized the Trump-Vance administration over its immigration policies.

“I just learned of the passing of Pope Francis,” said Vance on X after the Vatican announced Francis’s death. “My heart goes out to the millions of Christians all over the world who loved him.”

Argentine President Javier Milei, who previously criticized Francis, mourned him in a statement he posted to X. Milei also announced Argentina will observe seven days of mourning.

“It is with profound sorrow that I learned this sad morning that Pope Francis, Jorge Bergoglio, passed away today and is now resting in peace,” said Milei. “Despite differences that seem minor today, having been able to know him in his goodness and wisdom was a true honor for me.”

“As president, as an Argentine, and, fundamentally, as a man of faith, I bid farewell to the Holy Father and stand with all of us who meet today with this sad news,” he added.

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Mexico

Gay couple claims Puerto Vallarta wedding venue discriminated against them

Jeremy Alexander and Ryan Sheepwash wanted to get married at Sheraton hotel

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From left, Ryan Sheepwash and Jeremy Alexander (Photo courtesy Jeremy Alexander)

A gay couple claims a hotel in a Mexican resort city that is popular with LGBTQ travelers discriminated against them when they tried to book their wedding.

Jeremy Alexander and Ryan Sheepwash in a TikTok video said they contacted the Sheraton Buganvilias Resort and Convention Center in Puerto Vallarta about holding their wedding at the property.

The couple, who live in Vernon, British Columbia, provided the Washington Blade with an invoice that Gabriela Espinoza, a wedding planner at the property, sent them on Jan. 17, 2025.

The invoice said 25 “deluxe ocean view room — all inclusive” rooms cost $970 a night. The total cost for the 25 rooms was $72,750.

Alexander in the TikTok video said it took Espinoza three months to send them the quote. The property, according to Alexander, requested a $36,000 deposit for half of the rooms.

“It’s not reasonable,” he said. “No one can afford that.”

Alexander said Espinoza told him and Sheepwash that the earliest they could have their wedding at the property was March 2027. Alexander in the TikTok video said he and Sheepwash asked a straight friend to “request a quote just to see apples to apples what it looks like.”

Ximena Esparza, another wedding planner at the property, on Feb. 7, 2025, sent the friend a quote for 25 rooms for a hypothetical wedding that was to have taken place from Feb. 19-26, 2026.

The quote for a “deluxe package” for 50 people was $8,500 and required a 20 percent deposit of $1,700.

“We just feel defeated,” said Sheepwash in the TikTok video. “It’s not fair because we love each other and we really want to get married, and we want to make it special and we want to make it perfect.”

@illuminaughtytriangle So disappointed that my fiancĆ©e and I got discriminated against by #Sheraton in #puertovallarta ♬ original sound – Jeremy Alexander

The Blade in 2019 reported the Sheraton Buganvilias Resort and Convention Center refused to allow Josh Rimer, a gay Canadian vlogger and television host who is also Mr. Gay Canada 2019, and his then-fiancƩ to hold their wedding at the property.

The invoice that Espinoza sent to Alexander and Sheepwash notes the hotel is “operated under license from Marriott International, Inc., or one of its affiliates.”

A spokesperson for Marriott, which is based in Bethesda, Md., and is Sheraton’s parent company, in response to Rimer’s allegation said the corporation reached out to him to express “our sincerest apologies for his experience.”

ā€œWe are troubled and greatly concerned about the experience reported by Mr. Rimer. Marriott has long been committed to providing an environment where all are welcome including our LGBTQ guests and their loved ones,ā€ said the spokesperson. ā€œIn addition, we are looking further into the matter to better understand what happened and do what we can to prevent hurtful experiences like this from happening again.ā€

A Marriot spokesperson on Thursday told the Blade the company has “reached out to Mr. Sheepwash and Mr. Alexander to learn more about their experience and are working with the property to offer a solution.” 

“The Sheraton Buganvilias has been active in the LGBTQ+ community in Puerto Vallarta for years, hosting LGBTQ+ weddings and groups and also supporting Pride events in Puerto Vallarta,” said the spokesperson. “Marriott remains steadfast in our commitment to ensure guests are treated with respect and understanding.”

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