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Kenya bill seeks to ban gays from having children via surrogate

Country’s Senate expected to debate bill next month

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(Bigstock photo)

A bill that is currently before Kenyan lawmakers would prohibit gays and lesbians from using surrogate mothers to have children.

The proposed law — dubbed the Assisted Reproductive Technology Bill, 2019, passed last November by the National Assembly — seeks to assist individuals, including intersex people or couples unable to bear children due to infertility to procure surrogate mothers.

To lock out gays and lesbians, the MPs amended the bill by replacing ā€œhusband and wifeā€ to ā€œcoupleā€ under Kenyan law, which refers to a male and a female who are in an association that may be recognized as a marriage.

ā€œOf the many amendments that have been carried, this one is the best. This is so that we be specific that in Kenya, we do not recognize marriages between people of the same gender,ā€ MP David Ole Sankok stated during the debate in the National Assembly. Ā 

Any gay or lesbian found guilty of using a surrogate mother to have a child risks a fine not exceeding Sh5 million ($50,000) or a jail term of not more than five years or both. The bill would also require a qualified medical doctor to certify that an individual is infertile before proceeding to find a surrogate mother.

This requirement is not only a big blow to thousands of gays and lesbians in Kenya but also hundreds of surrogate mothers like Mary and Rebecca in Nairobi who, through the Find Surrogate Mother public website, carry pregnancies for all couples including heterosexuals, gays, lesbians, single women and single men who want to have children.

The proposed law, which is the first of its kind in Kenya, also criminalizes engaging in surrogacy to make money. This means surrogate mothers will no longer carry pregnancies for any individual or couple whose infertility is not proved by a doctor.

Currently, the overall cost of surrogacy in Kenya is estimated at Sh4.5 million ($45,000).

ā€œA person who contravenes the provisions of this section commits an offense and shall, upon conviction, be liable to a fine not exceeding Sh5 million ($50,000) or to imprisonment for a term not exceeding five years, or to both,ā€ reads Clause 23 of the bill.

A special directorate under the Health Ministry would oversee surrogacy activities in the country. The bill requires a surrogate mother to be over 21 years old with at least one child.

The new law adds to other punitive laws against LGBTQ rights in the country.

The Kenyan Penal Code under Sections 162 and 165 criminalize consensual same-sex sexual relations viewed as “acts of indecency or unnatural offenses.”Ā The Penal Code also forbids gays and lesbians from adopting children.Ā Ā 

The passing of the bill in November occurred barely four months after U.S. Transportation Sec. Pete Buttigieg and his husband Chasten broke the news of welcoming their twins to the world.

Buttigieg via a tweet said, ā€œChasten and I are beyond thankful for all the kind wishes since first sharing the news that we’re becoming parents. We are delighted to welcome Penelope Rose and Joseph August Buttigieg to our family.ā€

It remains unclear whether the couple had their babies via surrogate or if they adopted them.

Kenya, just like most African countries, has refused to recognize the rights of the LGBTQ community despite pressure from the group and Western countries.     

For instance, in 2015 President Uhuru Kenyatta during a joint press conference with the then-U.S. President Obama at the State House in Nairobi flatly rejected his visitor’s demand for the protection and promotion of gay and lesbian rights in the country.

Kenyatta insisted that though Kenya ā€œshares a lot with the U.S., gay rights were not among them.ā€ Homosexuality is considered both ungodly and against African culture on the continent. Ā 

In July 2021, a coalition of 27 global companies like Microsoft, Google, Barclays, Standard Chartered, IBM, PricewaterhouseCoopers, American Express and Burberry demanded Kenya to fully recognize the rights of gays and lesbians for more billions of Kenyan shillings to be injected into the economy.

The global firms in a report dubbed “The Economic Case for LGBT+ Inclusion in Kenya” warned that the country loses between $65 million and $143 million annually because its discriminative environment was keeping away some tourists. Still, Kenya remained unbowed.   

Several rights groups like the National Gay and Lesbian Human Rights Coalition and UNAIDS has criticized the continued enactment of laws that discriminate against the LGBTQ community.

The National Assembly’s Health Committee, the sponsor of the surrogacy law, collected views from numerous key stakeholders in the health sector like the Intersex Persons Society of Kenya which has a population of 1,524 in Kenya as per the 2019 Census. However, the Gay and Lesbian Coalition of Kenya, (GALCK), was notably sidelined in the committee’s public hearings.

The Kenyan Senate is expected to debate the bill once it reconvenes on Feb. 8. The president would sign it if it passes.

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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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