(no subject)
This is mainly just backlash against the Pope's new book--I need to be reassured that the entire world isn't stupid--but it may interest a few of you, at least. These are excerpts taken from http://www.actwin.com/eatonohio/gay/world.htm. I'm setting them up as a +/- sorta thing; lots are left out if they aren't particularly noteworthy, but you can go look at the rest yourself if you'd like.
Note: Iran gets 4 - a the end; read the law and I'm sure you'll understand. Countries with multiple positive things under them get multiple +s; countries with multiple negative things get only one - in all cases but Iran. It may not seem even, but I'm trying to think positive here.
----------------------------------------------
- AFGHANISTAN
LAWS: 1. Has a sodomy law, the punishment is execution, the methods are
throwing the homosexual down from a high roof or hill or by burying
them beside a wall which is then toppled on to them.
+ ALBANIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 14 for lesbians and heterosexuals.
+ ANTIGUA AND BARBUDA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 16 for lesbians and heterosexuals.
+ ARGENTINA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. The city of Buenos Aires, and the town of Rosario have gay rights
laws that bans some anti-gay discrimination.
3. Extends widow/widower pensions to surviving partners of same-sex
couples.
4. The city of Buenos Aires allows same-sex couples to receive health
insurance and pension rights given to married spouses. The law,
however, does not grant legal status to same-sex marriages. The law
also does not give gay couples the right to adopt children or receive
inheritances.
5. The city of Buenos Aires and Río Negro province legally recognize
civil unions between people of the same sex. Couples are able to
share social security services, claim leave when a partner is sick,
and enter into agreements--such as buying a house--as if they were
married. However, these so-called "Civil Union" laws do not permit
same sex marriages or child adoption. Nor do they establish
inheritance rights unless a prior agreement has been formalized.
NOTE: 1. Four Argentine labor unions have now extended National Security
System medical benefits to employees’ same-sex partners. The unions
and the system operate jointly in the health-care arena. The
benefits are available to members of the unions for teachers,
commerce employees, executives and air-transport personnel.
- BAHRAIN
LAWS: 1. Has a sodomy law, punishable with imprisonment not exceeding 10
years, with or without corporal punishment.
- BANGLADESH
LAWS: 1. Has a sodomy law, punishable with deportation, fines, and/or up to
10 years to life imprisonment.
- BELARUS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for males, and
between 14 and 18 for females, depending on their sexual maturity.
Sexual activity with a person under 18 is punished with prison term
of up to 8 years.
2. In the Army, untraditional relationship between men are considered
contrary to military requirements and laws, and are severely
prosecuted.
NOTE: 1. Gay life in Belarus is still largely underground, and most
Belarussians consider homosexuality a disease. The country's only
gay club, Oscar, was closed by the government in February 2000
because police said it "gathers abnormal people," although some
mainstream clubs reportedly hold specific gay nights.
+ BELGIUM
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Allows homosexuals in its military.
3. Allows foreign partners of its homosexual citizenry to receive
residency permits.
4. Has a Statutory Cohabitation Contract. The contract is available
to any two adults who are not otherwise married or contracted,
regardless of their gender or blood relationship; it is signed
before a notary public and entered into the register of the town
where they live. The contract's main advantage appears to be
access to the courts in event of a property dispute upon
dissolution; its main responsibility is joint liability for living
expenses, proportionate to the means of the partners. Absent proof
of individual title, all assets acquired during the term of the
contract are considered to be jointly owned. However, it
specifically notes that the couples are treated as separate
individuals with respect to submitting income tax returns, rate of
taxation, inheritance, parental status with respect to children,
adoption, fertility services, social security and pension rights,
and immigration.
5. Gives homosexual couples almost the same nuptial rights that straight
couples enjoy. This gives married homosexuals more rights than
cohabiting same-sex couples and almost identical rights to those
enjoyed by married heterosexual couples. Married homosexuals have
inheritance rights to the goods and property of their deceased
partner and receive the same fiscal breaks as heterosexual
couples. However, unlike same-sex couples in the Netherlands--which
became the first country to legalize same-sex marriage in 2001--
Belgian homosexual couples will not be allowed to adopt children,
nor will the lesbian partner of a mother be considered the parent
of the child. Same-sex couples from other nations can get married
in Belgium as long as one of the individuals lives there or visits
regularly.
- BHUTAN
LAWS: 1. Male homosexual sex is forbidden by law, punishable with a maximum
sentence of life in prison.
- BOLIVIA
NOTE: 1. Bolivian police officers are extremely anti-homosexual.
- BOTSWANA
LAWS: 1. Male homosexual conduct is illegal punishable with up to 7 years
imprisonment.
? BRAZIL
There was a lot of stuff here: some really good, some really bad, some neutral. I decided it all balances as neutral, so I won't put it; I suggest looking it up if you're at all interested, though. It's pretty interesting to see the contradictions within a country that isn't the U.S. The court cases info is particularly interesting.
- BRUNEI
LAWS: 1. Has a sodomy law, with a penalty of up to 10 years imprisonment or
a fine of up to 30.000 Brunei dollars.
- CAMEROON
LAWS: 1. Has a sodomy law, punishable with a penalty of 6 months to 5 years
imprisonment and a fine of up to CFA 200.000. If one of the persons
involved is under the age of 21 the penalty is doubled.
+ COLOMBIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all.
COURT:1. The Constitutional Court ordered the military and police to lift
the ban on homosexuals.
2. The Constitutional Court ruled that school teachers can not be
fired for revealing their homosexuality, this overturned a 1979 law
which made a teacher`s homosexuality grounds for dismissal.
3. The Constitutional Court ruled that private religious schools
cannot ban homosexual students.
4. The Constitutional Court on 10-12-01 ordered prison authorities to
make the necessary accommodations to allow gay prisoners to have
conjugal visits. "An intimate visit for people in custody is not
limited to heterosexual couples," the court wrote in its ruling.
The ruling came as the result of a lawsuit filed by a female
prisoner serving a 17-year sentence in the Pereira prison, 175
miles west of Bogota. The prisoner’s partner was recently released
from the same prison.
5. The Constitutional Court in October 2004 granted residency to the
same-sex foreign partner of a citizen, this applies only to this
particular couple for now. According to the Caracol News Network,
this unprecedented decision involves a couple from the island of San
Andres. The couple asked the local government for special residency
permission for the foreign partner. This was denied under the argument
that this kind of benefit only applies to unions formed by one man and
one woman. On a higher-court appeal filed by renowned Colombian attorney
German Humberto Rincon Perfetti, the Constitutional Court reaffirmed
Colombian couple's right to due process and free development of their
personality. According to the Court the local "administrative decision
created an obstacle to the decision of maintaining a stable relationship
as a homosexual couple," and this is why residency was granted.
+ CZECH REPUBLIC
LAWS: 1. Has no sodomy laws, the age of sexual consent is 15 for all.
2. The Civic Code recognises the legal status of "persons living in
the common household". This can be applied to gay and lesbian
couples, but it is sometimes necessary to prove that they really
live together. Even if one dies intestate, the surviving partner
has a right to inherit and to continue to use the apartment.
+ ECUADOR
LAWS: 1. Has no sodomy laws.
2. Ecuador's constitution Chapter 2, Article 23, Number 3 states:
"Equality before the law: All persons will be considered equal and
will possess the same rights, freedoms and opportunities without
discrimination by reason of birth, age, sex, ethnicity, social
origin, language, religion, political affiliation, economic position
, sexual orientation, health status, disability, or difference of
any other type."
+ FALKLAND ISLANDS/MALVINAS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 16 for lesbians and heterosexuals.
+ FAROE ISLANDS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexuals
and 15 for heterosexuals.
+ FINLAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Has a national gay rights law that bans some anti-gay discrimination
including employment.
3. Allows homosexuals in its military.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. Allows Finns who are at least 18 years of age to register a same-sex
union in a civil ceremony comparable to traditional matrimony. They
also give gay couples the same rights as married heterosexual couples
when inheriting each other's property and in cases of divorce. The
law makes same-sex partnerships legally binding but stops short
of letting lesbian and gay couples adopt children or use the same
surname.
COURT:1. On 10-19-01 Finland's supreme court awarded custody of two
children to their deceased mother's lesbian partner instead of
their biological father. Lower courts had said the children should
be handed over to the father, who has been living abroad for most
of the children's lives, but the supreme court based its decision
on the will of the children, who wanted to stay with their mother's
partner. It is the first supreme court ruling in which custody of
children was given to a person not related to the children rather
than to a biological family member. The two children, ages 12 and
14, had been in the sole custody of their mother and her partner
since 1993. "The court came to the conclusion that it was in the
best interest of the children that custody be awarded to the person
with whom the children were living," the ruling read. On 9-28-01
Finland granted legal recognition to same-sex partnerships,
although it stopped short of giving lesbian and gay couples
adoption rights.
? France
Another country with some conflicting laws and facts; check it out if you'd like. The bit on transvestites is especially odd.
+ GERMANY
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all. Sexual
activity with a person over 14 and under 16 by a person over 18
exploiting a vulnerably placed minor or for payment can be punished
with up to five years imprisonment, and sexual activity with a
minor in the same age group by a person of over 21 if he or she
takes advantage of the victims incapability of sexual
self-determination can be punished with up to two years
imprisonment.
2. Allows same-sex couples to register their partnerships; gives them
hospital visitation rights; grants German resident status to
foreign partners; extends to gay and lesbian co-parents some
parental rights with respect to their partners' biological
children; gives couples status identical to married couples for
purposes of tenancy, inheritance (excluding inheritance taxes),
pensions, and health insurance; and requires a formal legal
process for dissolution of partnerships, and provision for one
partner to collect support from the other afterwards if necessary.
A decision later by the labor court will also ensure the financial
benefits received by same-sex couples are on par with heterosexual
couples. This follows a case of a male nurse filing for the same
benefits as his straight colleagues. He had claimed it was unfair
that he and his partner received less than his married co-workers.
Now, location allowances and other financial issues will be
equalized throughout the country's civil service and governmental
agencies. A new law passed in 2004 allows same-sex couples to adopt
each other's biological children and also gives state pension
privileges for surviving partners and an exemption from testifying
against each other in court.
3. Allows homosexuals in its military, but not as officers.
4. Berlin, Brandenburg, Saxony-Anhalt and Thuringia have
anti-discrimination laws based on sexual orientation.
5. Bans artificial insemination for lesbians.
6. Hamburg offers a domestic partner registry for same-sex couples, it
allows hospital visitation rights, and federally subsidized low-rent
housing to registered partners.
NOTE: 1. Volker Beck and Guido Westerwelle are openly homosexual members of the
German Bundestag (Lower House of Parliament).
2. Klaus Wowereit (Social Democrat), Mayor of Berlin, is openly gay.
3. Ole von Beust (Christian Democratic Union), Mayor of Hamburg, is openly gay.
COURT:1. On 7-17-02 Germany's high court upheld a law that gives same-sex
couples some marriage like benefits. Judges at the Federal Constitutional
Court in Karlsruhe voted 5-3 to back the law, which was challenged last
year by Bavaria and two eastern states. The court rejected a lawsuit by
conservatives who argued gay marriage violates constitutional provisions
protecting marriage and the family. The law, in effect since August,
allows same-sex couples to "marry" at registry offices and requires a
court decision for divorce. Same-sex couples also receive rights given to
heterosexual couples in areas such as inheritance and health insurance.
The legislation brought Germany in line with countries such as Denmark,
which was the first to grant rights to same-sex couples in 1989, France
and Sweden. The Netherlands remains the only country that extends equal
marriage benefits to same-sex couples.
2. A German court in April, 2004 ruled that the civil service and all
government agencies must pay benefits to the partners of same-sex couples
equal to those they pay to the married spouses of heterosexuals. This
decision by the federal labor court in effect expands the country's
domestic partner laws without parliamentary approval. In their ruling,
the judges said that there is no difference between a registered life
partnership and marriage when it came to remuneration in the public
service, with the court accepting that a Eingetragenelebensgemeinschaft,
the German term for a registered domestic partnership, also meant family
status. A leading member of the parliamentary Green Party, Volker Beck
hailed the judgment as a "big break-through". This judgment followed a
case brought by a male nurse who claimed heterosexual married colleagues
received higher benefits. Like marriage, the court said, registered
same-sex partnerships are a long-term relationship with their
disillusionment requiring a judicial decision. Introduced in August 2002,
the registered partnership law was an attempt by Germany's Social
Democrat-Green Party coalition government to bring same-sex relationships
into line with straight couples, without granting the status of marriage.
It provides rights relating to hospital visits and taking over apartments
in the event of the death of one partner. Nevertheless there are still
some areas where the law falls short. Conservative lawmakers in parliament
have consistently blocked attempts to expand the law, notably in taxation.
- GREECE
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 15 for
all. Acts of lewdness against nature between males which involve
the abuse of a relationship of dependence created by employment, or
which are committed by an adult seducing a person below the age of
17, or which are committed with the intention of profiteering, are
punished with between 3 months to 5 years imprisonment.
2. Bans homosexuals from its military.
3. Under a law passed in 1981, on the pretext of protecting public
health, the police are empowered to forcibly require gay men to be
tested for sexually transmitted diseases.
+ GREENLAND
LAWS: 1. Has no sodomy laws.
2. Allows homosexuals to register their partnership and gives them
(with some exceptions) the same rights and responsibilities as a
heterosexual married couple, it does not allow them the right to
adopt children.
- GUINEA
LAWS: 1. Has a sodomy law, punishable with six months to three years of
imprisonment and a fine of 100 000 to 1 000 000 Guinean francs.
If the act was committed with a minor under 21 years of age, the
maximum penalty must be pronounced. Any person that has committed
a public indecency (public sex) will be punished by three months
to two years of imprisonment and a fine of 50 000 to 450 000
Guinean francs or simply by one of these two punishments. When an
indecent act (group sex) is committed by a group of individuals,
the penalties will be doubled.
- GUYANA
LAWS: 1. Has a sodomy law, punishable with up to life in prison.
? HONDURAS
LAWS: 1. Has no sodomy laws.
2. The new Constitution enacted in 1982 by the new National Congress
"guarantees" equality under the law and prohibits discrimination
based on sex, race, class or "in any form that harms human dignity"
(Article 60). This wording seems open-ended enough to encompass
discrimination against sexual minorities and people living with
HIV/AIDS, although such an interpretation has yet to be considered
by the courts.
+ HUNGARY
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 14 for all.
2. Allows homosexuals to enter into Common-Law Relationships. This
allows gays to share Common-Law Partner Benefits as heterosexuals
do, including the right to inherit property and a deceased partners
pension, but also bans adoption by homosexual couples.
3. Bans artificial insemination for lesbians.
COURT:1. The Constitutional Court on 9-4-02 annulled a paragraph of the
criminal code that said it was a crime punishable by up to three
years in prison for gay adults to have sex with consenting teenagers
aged 14 to 18, a court spokesman said. Sex between heterosexual
adults and consenting teenagers aged 14 and over is not illegal in
Hungary. "The criminal code discriminated against homosexuals in
an arbitrary and objectively unjustifiable way," the court said in
its verdict.
+ ICELAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all. There
is a ban on "seduction" of 14 to 16 year-olds by "misleading, gifts,
or other means", which applies equally to heterosexuals and
homosexuals.
2. Has a national gay rights law that bans some anti-gay discrimination.
3. Allows homosexuals in its military.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. Allows homosexual couples to register as Domestic Partners and
obtain joint custody of each others biological children.
- INDIA
LAWS: 1. Male homosexual sex is forbidden by law, punishable with a maximum
sentence of life in prison.
COURT:1. On 9-2-04 the Delhi High Court dismissed a legal challenge to
Section 377 of the Indian Penal Code, India's sodomy law. The
Court claimed that the validity of the sodomy law could not be
challenged by anyone "not affected by it." The case was filed by
two prominent Indian organizations that represent the interests
of men who have sex with men, the Naz Foundation International
and the National AIDS Control Organization. According to the
Court, since no sodomy charge had been filed against the groups,
they lacked standing to challenge the law. Section 377 punishes
acts of sodomy, buggery and bestiality. Although it criminalizes
these acts committed by anyone, the law is commonly used to target,
harass and punish lesbian, gay, bisexual and transgender persons.
2. In December 2004 a judge in the city of Amritsar dismissed a case
against a lesbian couple saying there was no law that prevented
the women from living together. Homosexuality is illegal in India,
but lesbians are not specifically mentioned in the law the judge
noted. The two women, one 18, the other 25, say they were married
in a Hindu ceremony, but did not provide proof of the wedding,
according to Indian media reports. The women claimed their marriage
was performed according to Hindu rites, but police said they did
not believe Hindu priests would knowingly have allowed a same-sex
marriage. The couple was detained by police following a complaint
by the father of one of the women who told officers that his
neighbors had shunned the family after his daughter's sexuality was
known. The family of the other woman reportedly supports the couple.
Gay activists in India have tried with no avail for several years to
have the country's sodomy law overturned.
IRAN
LAWS: 1. Homosexuality is illegal, those charged with love-making are given
a choice of four deathstyles: being hanged, stoned, halved by a
sword, or dropped from the highest perch. According to Article 152,
if two men not related by blood are discovered naked under one
cover without good reason, both will be punished at a judge's
discretion. Gay teens (Article 144) are also punished at a judge's
discretion. Rubbing one's penis between the thighs without
penetration (tafheed) shall be punished by 100 lashes for each
offender. This act, known to the English-speaking world as
"frottage" is punishable by death if the "offender" is a non-Moslem.
If frottage is thrice repeated and penalty-lashes have failed to
stop such repetitions, upon the fourth "offense" both men will be
put to death. According to Article 156, a person who repents and
confesses his gay behavior prior to his identification by four
witnesses, may be pardoned. Even kissing "with lust" (Article 155)
is forbidden. This bizarre law works to eliminate old Persian
male-bonding customs, including common kissing and holding hands in
public.
+ IRELAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 17 for homosexual
males regarding anal and oral sex, 15 for lesbians, and for
heterosexuals oral sex is legal at age 15.
2. Incitement of Hatred on the grounds of sexual orientation is
illegal.
3. Has a national gay rights law that bans some anti-gay
discrimination, including employment. Religious institutions are
exempted in instances where it conflicts with their teachings.
Sexual orientation is also a categorie protected from
discrimination in provision of goods, services (including
education) and accommodations (including membership in private
clubs), whether by private or government entities (including
health boards). Those who feel they have experienced unequal
treatment can file a complaint with the Director of Equality
Investigations, a government entity established under the
Employment Equality Act, which can issue orders to be enforced by
the courts.
4. The Censorship of Publications Board banned the book, Jenny Lives
with Eric and Martin, a childrens book about a girl living with her
father and his male lover. The book was on sale for 7 years before
being banned.
5. Citizens can only adopt a child if they are legally married,
widowed or judicially separated people.
NOTE: 1. David Norris, Senator, is openly gay.
ISRAEL
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 16 for
all. Also exempts consensual homosexual sex involving youths aged
14 and 15 from prosecution, as long as the age difference between
the partners is no more than three years.
2. Allows homosexuals in its military.
3. Has a national gay rights law that bans some anti-gay discrimination
, including employment.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. The Civil Service Commission extends spousal benefits and pensions
to the partners of homosexual employees.
6. The city of Tel Aviv recognizes unmarried couples, including gays
and lesbians, as family units and grants them discounts for municipal
services. Under the bylaw, unmarried couples qualify for the same
discounts on day care and the use of swimming pools, sports facilities,
and other city-sponsored activities that married couples enjoy.
7. The Israeli State Attorney's Office has extended the spousal exemption
from property-transfer taxes to same-sex couples.
8. Israel's attorney general has granted legal recognition to same-sex
couples in financial and other business matters. Attorney General Meni
Mazuz said the couples will be treated the same as common-law spouses,
recognizing them as legal units for tax, real estate, and financial
purposes. Mazuz made his decision by refusing to appeal a district court
ruling in an inheritance case that recognized the legality of a same-sex
union, his office said in a statement. Mazuz did differentiate, however,
between recognizing same-sex unions for financial and practical purposes,
as he did, and changing the law to officially sanction the unions, which
would be a matter for parliament, according to the statement.
NOTE: 1. Etai Pinkas (Meretz Party), member of the Tel Aviv City Council is
openly gay.
2. Yigal Bibi, Rabbi Haim Meir Druckman, Rabbi Avraham Ravitz, Michael
Eitan, and Zevulun Orlev are anti-gay members of Parliament
(Knesset).
3. Uzi Even (Meretz Party) is an openly gay member of Parliament (Knesset).
4. Saar-Ran Netanel (Meretz Party), member of the Jerusalem City Council is
openly gay.
COURT:1. The High Court ruled that the partner of a gay employee at EL AL,
Israel`s national airline, is entitled to free airline tickets just
as the spouse of any heterosexual employee is.
2. The High Court recognized a lesbian as the adoptive mother of the
four-year-old son of her same-sex partner, and ordered the Interior
Ministry to register the adoption.
3. An Israeli family court on 3-17-02 turned down an application from a
lesbian couple to have their partnership union declared legal. The
couple was united in a civil ceremony in Germany. The women wanted
the court to recognize their partnership as a civil marriage, under
Israeli law. The court said that since the women are not recognized
as a family under Israeli law, the court is not authorized to rule
on their case. A government lawyer who was asked by the court to give
a legal opinion on the case on behalf of the Israeli government said
that the state objected to granting the request.
4. On 11-14-04 the Nazareth District Court ruled that same-sex couples
have the same rights as married couples in inheritance rights. This
ruling overturned a Family Court ruling that an elderly man from
Kiryat Shmona was not entitled to spousal rights. The man had sought
the estate of his late partner, with whom he lived for several decades.
The Nazareth judges ruled that the term "man and woman" as spelled out
in Israel's inheritance law also includes same sex couples. Judges
Nissim Maman and Gabriela Levy, who issued the majority opinion, based
their decision on a loose interpretation of the term "partner" as
defined in other court rulings, such as those dealing with issues
related to employment benefits, and thus applied the interpretation to
the inheritance law. The acting president of the Nazareth District Court,
Menachem Ben-David, issued the minority opinion, arguing that the legal
text should not be interpreted "contrary to the lingual significance." A
government spokesperson said the ruling will be appealed.
5. In December 2004 the Tel Aviv District Court ruled that the government
cannot deport the Colombian partner of a gay Israeli man. The 32-year-old
Colombian entered Israel on a visitors visa which has long expired and
the Interior Ministry had ordered him deported. His partner is an Israeli
citizen and a soldier in the Israeli Defense Forces. The couple filed an
emergency petition with the Tel Aviv District Court. The men were
represented by the Association for Civil Rights in Israel. Judge Uzi
Vogelman ruled that the government had acted illegally in attempting to
deport the man. In 1999 High Court ruling established that the ministry
could not deport foreign nationals married to Israeli citizens. Vogelman's
decision extends that to apply to common-law marriages, including same-sex
couples.
6. On 1-10-05 the Supreme Court ruled that a lesbian couple is able to
legally adopt each other's children. During the past 15 years that Tal and
Avital Yaros-Hak have lived together, they have had a total of three
children. The couple petitioned the Tel Aviv Family Court for the right to
formally adopt each other's children in 1997, but the request was rejected
because Israel's adoption law had no provisions for same-sex couples. The
couple appealed. While they failed to get a favorable ruling in the Tel
Aviv District Court, the Supreme Court accepted the case. Citing Article 25
of the Adoption Law, the Yaros-Haks argued that the law allows for "special
circumstances" for adoption when it is for the good of the child, even if the
child's parents are still alive. The only condition is that the person
seeking to adopt be single. The couple argued that since the state does not
recognize same-sex marriage, they are single by law. The Yaros-Haks added
that adoption was in the best interest of the children if one of their
natural mothers should die. The Israel Supreme Court agreed, ruling 7-2 in
favor of the couple.
? ITALY
Another one with lots of conflicts.
- JAMAICA
LAWS: 1. Has a sodomy law, punishable with up to 10 years imprisonment and
hard labor. A penalty of up to 7 years imprisonment, with or
without hard labour, is provided for anyone attempting to commit
homosexual acts or an "indecent assault" on another male person.
? JAPAN
Conflicts again.
- KENYA
LAWS: 1. Homosexual activity is strictly forbidden, punishable with up to
14 years in prison.
NOTE: 1. Daniel Toroitich arap Moi, President of Kenya, is extremely
anti-homosexual.
- KUWAIT
LAWS: 1. Has a sodomy law, punishes sexual intercourse between men over 21
years of age with imprisonment of up of to seven years, it punishes
sexual intercourse with a male under 21 with imprisonment of up to
10 years.
- LIBYA
LAWS: 1. Homosexual activity is illegal, punished with 3 to 5 years
imprisonment.
+ LITHUANIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males and 16 for lesbians and heterosexuals. Homosexual males who
have sexual relations with another male under 18 can receive up to
3 to 8 years imprisonment.
2. Access to donor insemination services is limited to married couples.
3. Bans direct and indirect discrimination and harassment based on sexual
orientation in the areas of employment, education, housing and provision
of goods and services. Illegal harassment is defined as unacceptable
behavior resulting in humiliation or violation of human dignity.
+ LUXEMBOURG
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Allows homosexuals in its military.
3. Has a hate crimes law that gives prison sentences from one month to
two years and/or fines from 10.001 to 1 million Francs for
incitement to hatred, discrimination and violence or acts of
discrimination against physical persons, a community or corporate
body based on their sexual orientation. The sentences provided will
be higher by one third (3 months to three years, fine up to
1,500,000 Francs) if the offence is committed by a civil servant.
4. Has a national gay rights law that bans some anti-gay discrimination.
The law punishes, among other things, the refusal of goods or
services, the advertising of such a refusal to groups based on
sexual orientation, and the obstruction of normal economic activity
whatsoever. The law also concerns the labour market, e.g., the
non-employment or sacking of persons due to sexual orientation.
According to the provisions, associations fighting against
discrimination will have the right to institute proceedings even
if individual(s) concerned do not sue for discrimination.
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Good = ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||
Confusing = ||||\
Country with the most positives = Israel (14, even after negative subtractions)
I'll finish later, after a nap, shower, and classes.
Note: Iran gets 4 - a the end; read the law and I'm sure you'll understand. Countries with multiple positive things under them get multiple +s; countries with multiple negative things get only one - in all cases but Iran. It may not seem even, but I'm trying to think positive here.
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- AFGHANISTAN
LAWS: 1. Has a sodomy law, the punishment is execution, the methods are
throwing the homosexual down from a high roof or hill or by burying
them beside a wall which is then toppled on to them.
+ ALBANIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 14 for lesbians and heterosexuals.
+ ANTIGUA AND BARBUDA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 16 for lesbians and heterosexuals.
+ ARGENTINA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. The city of Buenos Aires, and the town of Rosario have gay rights
laws that bans some anti-gay discrimination.
3. Extends widow/widower pensions to surviving partners of same-sex
couples.
4. The city of Buenos Aires allows same-sex couples to receive health
insurance and pension rights given to married spouses. The law,
however, does not grant legal status to same-sex marriages. The law
also does not give gay couples the right to adopt children or receive
inheritances.
5. The city of Buenos Aires and Río Negro province legally recognize
civil unions between people of the same sex. Couples are able to
share social security services, claim leave when a partner is sick,
and enter into agreements--such as buying a house--as if they were
married. However, these so-called "Civil Union" laws do not permit
same sex marriages or child adoption. Nor do they establish
inheritance rights unless a prior agreement has been formalized.
NOTE: 1. Four Argentine labor unions have now extended National Security
System medical benefits to employees’ same-sex partners. The unions
and the system operate jointly in the health-care arena. The
benefits are available to members of the unions for teachers,
commerce employees, executives and air-transport personnel.
- BAHRAIN
LAWS: 1. Has a sodomy law, punishable with imprisonment not exceeding 10
years, with or without corporal punishment.
- BANGLADESH
LAWS: 1. Has a sodomy law, punishable with deportation, fines, and/or up to
10 years to life imprisonment.
- BELARUS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for males, and
between 14 and 18 for females, depending on their sexual maturity.
Sexual activity with a person under 18 is punished with prison term
of up to 8 years.
2. In the Army, untraditional relationship between men are considered
contrary to military requirements and laws, and are severely
prosecuted.
NOTE: 1. Gay life in Belarus is still largely underground, and most
Belarussians consider homosexuality a disease. The country's only
gay club, Oscar, was closed by the government in February 2000
because police said it "gathers abnormal people," although some
mainstream clubs reportedly hold specific gay nights.
+ BELGIUM
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Allows homosexuals in its military.
3. Allows foreign partners of its homosexual citizenry to receive
residency permits.
4. Has a Statutory Cohabitation Contract. The contract is available
to any two adults who are not otherwise married or contracted,
regardless of their gender or blood relationship; it is signed
before a notary public and entered into the register of the town
where they live. The contract's main advantage appears to be
access to the courts in event of a property dispute upon
dissolution; its main responsibility is joint liability for living
expenses, proportionate to the means of the partners. Absent proof
of individual title, all assets acquired during the term of the
contract are considered to be jointly owned. However, it
specifically notes that the couples are treated as separate
individuals with respect to submitting income tax returns, rate of
taxation, inheritance, parental status with respect to children,
adoption, fertility services, social security and pension rights,
and immigration.
5. Gives homosexual couples almost the same nuptial rights that straight
couples enjoy. This gives married homosexuals more rights than
cohabiting same-sex couples and almost identical rights to those
enjoyed by married heterosexual couples. Married homosexuals have
inheritance rights to the goods and property of their deceased
partner and receive the same fiscal breaks as heterosexual
couples. However, unlike same-sex couples in the Netherlands--which
became the first country to legalize same-sex marriage in 2001--
Belgian homosexual couples will not be allowed to adopt children,
nor will the lesbian partner of a mother be considered the parent
of the child. Same-sex couples from other nations can get married
in Belgium as long as one of the individuals lives there or visits
regularly.
- BHUTAN
LAWS: 1. Male homosexual sex is forbidden by law, punishable with a maximum
sentence of life in prison.
- BOLIVIA
NOTE: 1. Bolivian police officers are extremely anti-homosexual.
- BOTSWANA
LAWS: 1. Male homosexual conduct is illegal punishable with up to 7 years
imprisonment.
? BRAZIL
There was a lot of stuff here: some really good, some really bad, some neutral. I decided it all balances as neutral, so I won't put it; I suggest looking it up if you're at all interested, though. It's pretty interesting to see the contradictions within a country that isn't the U.S. The court cases info is particularly interesting.
- BRUNEI
LAWS: 1. Has a sodomy law, with a penalty of up to 10 years imprisonment or
a fine of up to 30.000 Brunei dollars.
- CAMEROON
LAWS: 1. Has a sodomy law, punishable with a penalty of 6 months to 5 years
imprisonment and a fine of up to CFA 200.000. If one of the persons
involved is under the age of 21 the penalty is doubled.
+ COLOMBIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all.
COURT:1. The Constitutional Court ordered the military and police to lift
the ban on homosexuals.
2. The Constitutional Court ruled that school teachers can not be
fired for revealing their homosexuality, this overturned a 1979 law
which made a teacher`s homosexuality grounds for dismissal.
3. The Constitutional Court ruled that private religious schools
cannot ban homosexual students.
4. The Constitutional Court on 10-12-01 ordered prison authorities to
make the necessary accommodations to allow gay prisoners to have
conjugal visits. "An intimate visit for people in custody is not
limited to heterosexual couples," the court wrote in its ruling.
The ruling came as the result of a lawsuit filed by a female
prisoner serving a 17-year sentence in the Pereira prison, 175
miles west of Bogota. The prisoner’s partner was recently released
from the same prison.
5. The Constitutional Court in October 2004 granted residency to the
same-sex foreign partner of a citizen, this applies only to this
particular couple for now. According to the Caracol News Network,
this unprecedented decision involves a couple from the island of San
Andres. The couple asked the local government for special residency
permission for the foreign partner. This was denied under the argument
that this kind of benefit only applies to unions formed by one man and
one woman. On a higher-court appeal filed by renowned Colombian attorney
German Humberto Rincon Perfetti, the Constitutional Court reaffirmed
Colombian couple's right to due process and free development of their
personality. According to the Court the local "administrative decision
created an obstacle to the decision of maintaining a stable relationship
as a homosexual couple," and this is why residency was granted.
+ CZECH REPUBLIC
LAWS: 1. Has no sodomy laws, the age of sexual consent is 15 for all.
2. The Civic Code recognises the legal status of "persons living in
the common household". This can be applied to gay and lesbian
couples, but it is sometimes necessary to prove that they really
live together. Even if one dies intestate, the surviving partner
has a right to inherit and to continue to use the apartment.
+ ECUADOR
LAWS: 1. Has no sodomy laws.
2. Ecuador's constitution Chapter 2, Article 23, Number 3 states:
"Equality before the law: All persons will be considered equal and
will possess the same rights, freedoms and opportunities without
discrimination by reason of birth, age, sex, ethnicity, social
origin, language, religion, political affiliation, economic position
, sexual orientation, health status, disability, or difference of
any other type."
+ FALKLAND ISLANDS/MALVINAS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males, and 16 for lesbians and heterosexuals.
+ FAROE ISLANDS
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexuals
and 15 for heterosexuals.
+ FINLAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Has a national gay rights law that bans some anti-gay discrimination
including employment.
3. Allows homosexuals in its military.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. Allows Finns who are at least 18 years of age to register a same-sex
union in a civil ceremony comparable to traditional matrimony. They
also give gay couples the same rights as married heterosexual couples
when inheriting each other's property and in cases of divorce. The
law makes same-sex partnerships legally binding but stops short
of letting lesbian and gay couples adopt children or use the same
surname.
COURT:1. On 10-19-01 Finland's supreme court awarded custody of two
children to their deceased mother's lesbian partner instead of
their biological father. Lower courts had said the children should
be handed over to the father, who has been living abroad for most
of the children's lives, but the supreme court based its decision
on the will of the children, who wanted to stay with their mother's
partner. It is the first supreme court ruling in which custody of
children was given to a person not related to the children rather
than to a biological family member. The two children, ages 12 and
14, had been in the sole custody of their mother and her partner
since 1993. "The court came to the conclusion that it was in the
best interest of the children that custody be awarded to the person
with whom the children were living," the ruling read. On 9-28-01
Finland granted legal recognition to same-sex partnerships,
although it stopped short of giving lesbian and gay couples
adoption rights.
? France
Another country with some conflicting laws and facts; check it out if you'd like. The bit on transvestites is especially odd.
+ GERMANY
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all. Sexual
activity with a person over 14 and under 16 by a person over 18
exploiting a vulnerably placed minor or for payment can be punished
with up to five years imprisonment, and sexual activity with a
minor in the same age group by a person of over 21 if he or she
takes advantage of the victims incapability of sexual
self-determination can be punished with up to two years
imprisonment.
2. Allows same-sex couples to register their partnerships; gives them
hospital visitation rights; grants German resident status to
foreign partners; extends to gay and lesbian co-parents some
parental rights with respect to their partners' biological
children; gives couples status identical to married couples for
purposes of tenancy, inheritance (excluding inheritance taxes),
pensions, and health insurance; and requires a formal legal
process for dissolution of partnerships, and provision for one
partner to collect support from the other afterwards if necessary.
A decision later by the labor court will also ensure the financial
benefits received by same-sex couples are on par with heterosexual
couples. This follows a case of a male nurse filing for the same
benefits as his straight colleagues. He had claimed it was unfair
that he and his partner received less than his married co-workers.
Now, location allowances and other financial issues will be
equalized throughout the country's civil service and governmental
agencies. A new law passed in 2004 allows same-sex couples to adopt
each other's biological children and also gives state pension
privileges for surviving partners and an exemption from testifying
against each other in court.
3. Allows homosexuals in its military, but not as officers.
4. Berlin, Brandenburg, Saxony-Anhalt and Thuringia have
anti-discrimination laws based on sexual orientation.
5. Bans artificial insemination for lesbians.
6. Hamburg offers a domestic partner registry for same-sex couples, it
allows hospital visitation rights, and federally subsidized low-rent
housing to registered partners.
NOTE: 1. Volker Beck and Guido Westerwelle are openly homosexual members of the
German Bundestag (Lower House of Parliament).
2. Klaus Wowereit (Social Democrat), Mayor of Berlin, is openly gay.
3. Ole von Beust (Christian Democratic Union), Mayor of Hamburg, is openly gay.
COURT:1. On 7-17-02 Germany's high court upheld a law that gives same-sex
couples some marriage like benefits. Judges at the Federal Constitutional
Court in Karlsruhe voted 5-3 to back the law, which was challenged last
year by Bavaria and two eastern states. The court rejected a lawsuit by
conservatives who argued gay marriage violates constitutional provisions
protecting marriage and the family. The law, in effect since August,
allows same-sex couples to "marry" at registry offices and requires a
court decision for divorce. Same-sex couples also receive rights given to
heterosexual couples in areas such as inheritance and health insurance.
The legislation brought Germany in line with countries such as Denmark,
which was the first to grant rights to same-sex couples in 1989, France
and Sweden. The Netherlands remains the only country that extends equal
marriage benefits to same-sex couples.
2. A German court in April, 2004 ruled that the civil service and all
government agencies must pay benefits to the partners of same-sex couples
equal to those they pay to the married spouses of heterosexuals. This
decision by the federal labor court in effect expands the country's
domestic partner laws without parliamentary approval. In their ruling,
the judges said that there is no difference between a registered life
partnership and marriage when it came to remuneration in the public
service, with the court accepting that a Eingetragenelebensgemeinschaft,
the German term for a registered domestic partnership, also meant family
status. A leading member of the parliamentary Green Party, Volker Beck
hailed the judgment as a "big break-through". This judgment followed a
case brought by a male nurse who claimed heterosexual married colleagues
received higher benefits. Like marriage, the court said, registered
same-sex partnerships are a long-term relationship with their
disillusionment requiring a judicial decision. Introduced in August 2002,
the registered partnership law was an attempt by Germany's Social
Democrat-Green Party coalition government to bring same-sex relationships
into line with straight couples, without granting the status of marriage.
It provides rights relating to hospital visits and taking over apartments
in the event of the death of one partner. Nevertheless there are still
some areas where the law falls short. Conservative lawmakers in parliament
have consistently blocked attempts to expand the law, notably in taxation.
- GREECE
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 15 for
all. Acts of lewdness against nature between males which involve
the abuse of a relationship of dependence created by employment, or
which are committed by an adult seducing a person below the age of
17, or which are committed with the intention of profiteering, are
punished with between 3 months to 5 years imprisonment.
2. Bans homosexuals from its military.
3. Under a law passed in 1981, on the pretext of protecting public
health, the police are empowered to forcibly require gay men to be
tested for sexually transmitted diseases.
+ GREENLAND
LAWS: 1. Has no sodomy laws.
2. Allows homosexuals to register their partnership and gives them
(with some exceptions) the same rights and responsibilities as a
heterosexual married couple, it does not allow them the right to
adopt children.
- GUINEA
LAWS: 1. Has a sodomy law, punishable with six months to three years of
imprisonment and a fine of 100 000 to 1 000 000 Guinean francs.
If the act was committed with a minor under 21 years of age, the
maximum penalty must be pronounced. Any person that has committed
a public indecency (public sex) will be punished by three months
to two years of imprisonment and a fine of 50 000 to 450 000
Guinean francs or simply by one of these two punishments. When an
indecent act (group sex) is committed by a group of individuals,
the penalties will be doubled.
- GUYANA
LAWS: 1. Has a sodomy law, punishable with up to life in prison.
? HONDURAS
LAWS: 1. Has no sodomy laws.
2. The new Constitution enacted in 1982 by the new National Congress
"guarantees" equality under the law and prohibits discrimination
based on sex, race, class or "in any form that harms human dignity"
(Article 60). This wording seems open-ended enough to encompass
discrimination against sexual minorities and people living with
HIV/AIDS, although such an interpretation has yet to be considered
by the courts.
+ HUNGARY
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 14 for all.
2. Allows homosexuals to enter into Common-Law Relationships. This
allows gays to share Common-Law Partner Benefits as heterosexuals
do, including the right to inherit property and a deceased partners
pension, but also bans adoption by homosexual couples.
3. Bans artificial insemination for lesbians.
COURT:1. The Constitutional Court on 9-4-02 annulled a paragraph of the
criminal code that said it was a crime punishable by up to three
years in prison for gay adults to have sex with consenting teenagers
aged 14 to 18, a court spokesman said. Sex between heterosexual
adults and consenting teenagers aged 14 and over is not illegal in
Hungary. "The criminal code discriminated against homosexuals in
an arbitrary and objectively unjustifiable way," the court said in
its verdict.
+ ICELAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 14 for all. There
is a ban on "seduction" of 14 to 16 year-olds by "misleading, gifts,
or other means", which applies equally to heterosexuals and
homosexuals.
2. Has a national gay rights law that bans some anti-gay discrimination.
3. Allows homosexuals in its military.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. Allows homosexual couples to register as Domestic Partners and
obtain joint custody of each others biological children.
- INDIA
LAWS: 1. Male homosexual sex is forbidden by law, punishable with a maximum
sentence of life in prison.
COURT:1. On 9-2-04 the Delhi High Court dismissed a legal challenge to
Section 377 of the Indian Penal Code, India's sodomy law. The
Court claimed that the validity of the sodomy law could not be
challenged by anyone "not affected by it." The case was filed by
two prominent Indian organizations that represent the interests
of men who have sex with men, the Naz Foundation International
and the National AIDS Control Organization. According to the
Court, since no sodomy charge had been filed against the groups,
they lacked standing to challenge the law. Section 377 punishes
acts of sodomy, buggery and bestiality. Although it criminalizes
these acts committed by anyone, the law is commonly used to target,
harass and punish lesbian, gay, bisexual and transgender persons.
2. In December 2004 a judge in the city of Amritsar dismissed a case
against a lesbian couple saying there was no law that prevented
the women from living together. Homosexuality is illegal in India,
but lesbians are not specifically mentioned in the law the judge
noted. The two women, one 18, the other 25, say they were married
in a Hindu ceremony, but did not provide proof of the wedding,
according to Indian media reports. The women claimed their marriage
was performed according to Hindu rites, but police said they did
not believe Hindu priests would knowingly have allowed a same-sex
marriage. The couple was detained by police following a complaint
by the father of one of the women who told officers that his
neighbors had shunned the family after his daughter's sexuality was
known. The family of the other woman reportedly supports the couple.
Gay activists in India have tried with no avail for several years to
have the country's sodomy law overturned.
IRAN
LAWS: 1. Homosexuality is illegal, those charged with love-making are given
a choice of four deathstyles: being hanged, stoned, halved by a
sword, or dropped from the highest perch. According to Article 152,
if two men not related by blood are discovered naked under one
cover without good reason, both will be punished at a judge's
discretion. Gay teens (Article 144) are also punished at a judge's
discretion. Rubbing one's penis between the thighs without
penetration (tafheed) shall be punished by 100 lashes for each
offender. This act, known to the English-speaking world as
"frottage" is punishable by death if the "offender" is a non-Moslem.
If frottage is thrice repeated and penalty-lashes have failed to
stop such repetitions, upon the fourth "offense" both men will be
put to death. According to Article 156, a person who repents and
confesses his gay behavior prior to his identification by four
witnesses, may be pardoned. Even kissing "with lust" (Article 155)
is forbidden. This bizarre law works to eliminate old Persian
male-bonding customs, including common kissing and holding hands in
public.
+ IRELAND
LAWS: 1. Has no sodomy laws, the age of sexual consent is 17 for homosexual
males regarding anal and oral sex, 15 for lesbians, and for
heterosexuals oral sex is legal at age 15.
2. Incitement of Hatred on the grounds of sexual orientation is
illegal.
3. Has a national gay rights law that bans some anti-gay
discrimination, including employment. Religious institutions are
exempted in instances where it conflicts with their teachings.
Sexual orientation is also a categorie protected from
discrimination in provision of goods, services (including
education) and accommodations (including membership in private
clubs), whether by private or government entities (including
health boards). Those who feel they have experienced unequal
treatment can file a complaint with the Director of Equality
Investigations, a government entity established under the
Employment Equality Act, which can issue orders to be enforced by
the courts.
4. The Censorship of Publications Board banned the book, Jenny Lives
with Eric and Martin, a childrens book about a girl living with her
father and his male lover. The book was on sale for 7 years before
being banned.
5. Citizens can only adopt a child if they are legally married,
widowed or judicially separated people.
NOTE: 1. David Norris, Senator, is openly gay.
ISRAEL
LAWS: 1. Homosexual activity is legal, the age of sexual consent is 16 for
all. Also exempts consensual homosexual sex involving youths aged
14 and 15 from prosecution, as long as the age difference between
the partners is no more than three years.
2. Allows homosexuals in its military.
3. Has a national gay rights law that bans some anti-gay discrimination
, including employment.
4. Allows foreign partners of its homosexual citizenry to receive
residency permits.
5. The Civil Service Commission extends spousal benefits and pensions
to the partners of homosexual employees.
6. The city of Tel Aviv recognizes unmarried couples, including gays
and lesbians, as family units and grants them discounts for municipal
services. Under the bylaw, unmarried couples qualify for the same
discounts on day care and the use of swimming pools, sports facilities,
and other city-sponsored activities that married couples enjoy.
7. The Israeli State Attorney's Office has extended the spousal exemption
from property-transfer taxes to same-sex couples.
8. Israel's attorney general has granted legal recognition to same-sex
couples in financial and other business matters. Attorney General Meni
Mazuz said the couples will be treated the same as common-law spouses,
recognizing them as legal units for tax, real estate, and financial
purposes. Mazuz made his decision by refusing to appeal a district court
ruling in an inheritance case that recognized the legality of a same-sex
union, his office said in a statement. Mazuz did differentiate, however,
between recognizing same-sex unions for financial and practical purposes,
as he did, and changing the law to officially sanction the unions, which
would be a matter for parliament, according to the statement.
NOTE: 1. Etai Pinkas (Meretz Party), member of the Tel Aviv City Council is
openly gay.
2. Yigal Bibi, Rabbi Haim Meir Druckman, Rabbi Avraham Ravitz, Michael
Eitan, and Zevulun Orlev are anti-gay members of Parliament
(Knesset).
3. Uzi Even (Meretz Party) is an openly gay member of Parliament (Knesset).
4. Saar-Ran Netanel (Meretz Party), member of the Jerusalem City Council is
openly gay.
COURT:1. The High Court ruled that the partner of a gay employee at EL AL,
Israel`s national airline, is entitled to free airline tickets just
as the spouse of any heterosexual employee is.
2. The High Court recognized a lesbian as the adoptive mother of the
four-year-old son of her same-sex partner, and ordered the Interior
Ministry to register the adoption.
3. An Israeli family court on 3-17-02 turned down an application from a
lesbian couple to have their partnership union declared legal. The
couple was united in a civil ceremony in Germany. The women wanted
the court to recognize their partnership as a civil marriage, under
Israeli law. The court said that since the women are not recognized
as a family under Israeli law, the court is not authorized to rule
on their case. A government lawyer who was asked by the court to give
a legal opinion on the case on behalf of the Israeli government said
that the state objected to granting the request.
4. On 11-14-04 the Nazareth District Court ruled that same-sex couples
have the same rights as married couples in inheritance rights. This
ruling overturned a Family Court ruling that an elderly man from
Kiryat Shmona was not entitled to spousal rights. The man had sought
the estate of his late partner, with whom he lived for several decades.
The Nazareth judges ruled that the term "man and woman" as spelled out
in Israel's inheritance law also includes same sex couples. Judges
Nissim Maman and Gabriela Levy, who issued the majority opinion, based
their decision on a loose interpretation of the term "partner" as
defined in other court rulings, such as those dealing with issues
related to employment benefits, and thus applied the interpretation to
the inheritance law. The acting president of the Nazareth District Court,
Menachem Ben-David, issued the minority opinion, arguing that the legal
text should not be interpreted "contrary to the lingual significance." A
government spokesperson said the ruling will be appealed.
5. In December 2004 the Tel Aviv District Court ruled that the government
cannot deport the Colombian partner of a gay Israeli man. The 32-year-old
Colombian entered Israel on a visitors visa which has long expired and
the Interior Ministry had ordered him deported. His partner is an Israeli
citizen and a soldier in the Israeli Defense Forces. The couple filed an
emergency petition with the Tel Aviv District Court. The men were
represented by the Association for Civil Rights in Israel. Judge Uzi
Vogelman ruled that the government had acted illegally in attempting to
deport the man. In 1999 High Court ruling established that the ministry
could not deport foreign nationals married to Israeli citizens. Vogelman's
decision extends that to apply to common-law marriages, including same-sex
couples.
6. On 1-10-05 the Supreme Court ruled that a lesbian couple is able to
legally adopt each other's children. During the past 15 years that Tal and
Avital Yaros-Hak have lived together, they have had a total of three
children. The couple petitioned the Tel Aviv Family Court for the right to
formally adopt each other's children in 1997, but the request was rejected
because Israel's adoption law had no provisions for same-sex couples. The
couple appealed. While they failed to get a favorable ruling in the Tel
Aviv District Court, the Supreme Court accepted the case. Citing Article 25
of the Adoption Law, the Yaros-Haks argued that the law allows for "special
circumstances" for adoption when it is for the good of the child, even if the
child's parents are still alive. The only condition is that the person
seeking to adopt be single. The couple argued that since the state does not
recognize same-sex marriage, they are single by law. The Yaros-Haks added
that adoption was in the best interest of the children if one of their
natural mothers should die. The Israel Supreme Court agreed, ruling 7-2 in
favor of the couple.
? ITALY
Another one with lots of conflicts.
- JAMAICA
LAWS: 1. Has a sodomy law, punishable with up to 10 years imprisonment and
hard labor. A penalty of up to 7 years imprisonment, with or
without hard labour, is provided for anyone attempting to commit
homosexual acts or an "indecent assault" on another male person.
? JAPAN
Conflicts again.
- KENYA
LAWS: 1. Homosexual activity is strictly forbidden, punishable with up to
14 years in prison.
NOTE: 1. Daniel Toroitich arap Moi, President of Kenya, is extremely
anti-homosexual.
- KUWAIT
LAWS: 1. Has a sodomy law, punishes sexual intercourse between men over 21
years of age with imprisonment of up of to seven years, it punishes
sexual intercourse with a male under 21 with imprisonment of up to
10 years.
- LIBYA
LAWS: 1. Homosexual activity is illegal, punished with 3 to 5 years
imprisonment.
+ LITHUANIA
LAWS: 1. Has no sodomy laws, the age of sexual consent is 18 for homosexual
males and 16 for lesbians and heterosexuals. Homosexual males who
have sexual relations with another male under 18 can receive up to
3 to 8 years imprisonment.
2. Access to donor insemination services is limited to married couples.
3. Bans direct and indirect discrimination and harassment based on sexual
orientation in the areas of employment, education, housing and provision
of goods and services. Illegal harassment is defined as unacceptable
behavior resulting in humiliation or violation of human dignity.
+ LUXEMBOURG
LAWS: 1. Has no sodomy laws, the age of sexual consent is 16 for all.
2. Allows homosexuals in its military.
3. Has a hate crimes law that gives prison sentences from one month to
two years and/or fines from 10.001 to 1 million Francs for
incitement to hatred, discrimination and violence or acts of
discrimination against physical persons, a community or corporate
body based on their sexual orientation. The sentences provided will
be higher by one third (3 months to three years, fine up to
1,500,000 Francs) if the offence is committed by a civil servant.
4. Has a national gay rights law that bans some anti-gay discrimination.
The law punishes, among other things, the refusal of goods or
services, the advertising of such a refusal to groups based on
sexual orientation, and the obstruction of normal economic activity
whatsoever. The law also concerns the labour market, e.g., the
non-employment or sacking of persons due to sexual orientation.
According to the provisions, associations fighting against
discrimination will have the right to institute proceedings even
if individual(s) concerned do not sue for discrimination.
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Bad = ||||\ ||||\ ||||\ ||||\ |
Good = ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||||\ ||
Confusing = ||||\
Country with the most positives = Israel (14, even after negative subtractions)
I'll finish later, after a nap, shower, and classes.