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GAY SAN DIEGO Jan. 28-Feb. 10, 2011
GUEST COMMENTARY We must not forget the plight of LGBT youth outside the U.S. By Cary Alan Johnson Cary Alan Johnson In 2010 we saw some long-
overdue attention given to the extreme challenges facing young LGBT people. Tragically, this attention was prompted by the alarming number of youth suicides and well-publicized cases of anti-gay violence that captured media attention in the U.S. tates and reverberated in many other countries. These cases unfortunately represent the tip of the iceberg—violence, isolation, depression, suicide and homelessness are serious problems for our young people, particular for youth of color and those mired in poverty. The right to housing, educa- tion, security, bodily integrity and
to share in and create culture are all guaranteed in the Universal Declaration of Human Rights, and yet LGBT youth everywhere face violations of these rights. Countless young people around the world have shared their stories about being mistreated by family members, school and health-care officials, police and other authorities with the Inter- national Gay and Lesbian Human Rights Commission (IGLHRC). While so many U.S. politicians and celebrities are communicat- ing to LGBT youth that it gets better, we must not forget the plight of LGBT youth outside of the U.S., who face challenges that are simultaneously all too familiar and vastly different. In 2009 in Belize, Jose
Garcia, a 19-year-old secondary school student was threatened with expulsion because Jose “acts like a girl” and “dresses effeminately.” Transgender and gender-questioning youth in schools almost everywhere are subjected to discrimination, physical and verbal abuse, and they are often forced to wear uniforms or clothes that do not match their gender identity. In Lithuania, a new law criminalized the distribution of information about sexual ori- entation through any medium to which children have access,
“LGBT youth out- side of the U.S. …face challeng- es that are simul- taneously all too familiar and vastly different.”
depriving youth of vital informa- tion about their health and lives. The law was modified after significant international outcry, but another proposed law would now make anything suggesting the promotion of homosexual- ity an offense, and it would be under the same rationale of protecting minors.
In Uganda, girls and young
women rumored to be lesbian or whom violate gender stereotypes are often expelled from schools. The proposed Anti-Homosexual-
ity Bill currently being debated in Uganda would worsen this situation by making schools and families culpable under law for not reporting young LGBT people to the police.
And in Jamaica, last year, a university student was savagely beaten by his colleagues after being lured into an intimate con- versation with a classmate who was posing as gay. While organizations that
serve LGBT youth in the U.S. are often underfunded and under attack by the religious right, at least they exist. In the Global South, where LGBT movements are younger, dedi- cated youth programs are rare. In fact, LGBT centers are often hesitant to serve the needs of young people for fear of being accused of pedophilia and “re- cruiting” youth into homosexu- ality. Young LGBT people are then unable to access the criti- cal health, legal and psychoso- cial services they need. Facing this discrimination—which is compounded by sodomy laws in 76 countries around the world and the failure of most countries to provide protec- tions for transgender people— young LGBT people are among the most marginalized groups in the world.
Over the past few years,
IGLHRC has documented human rights violations against young people in Cameroon, Indonesia, Kenya, Mexico, South Africa, Nigeria and beyond. As an orga- nization committed to building a diverse and empowered global LGBT movement, IGLHRC works closely with the most marginal- ized members of our community: young people, elders, transgen- der people, sex workers and those affected by HIV. Just last month, U.N. Sec-
retary General Ban Ki-moon said, “Stigma and discrimination will end only when we agree to speak out. That requires all of us to do our part; to speak out at home, at work, in our schools and communities; to stand in solidarity.” To stand in solidarity with
LGBT youth, we must address the unique ways they are affected by homophobia and transphobia. We must acknowl- edge that they face discrimina- tion and abuse just as LGBT adults. And more than anything, we must listen to them. Some young people can’t afford to wait until it gets better. They need help now.•
—Cary Alan Johnson is the executive director of the Interna- tional Gay and Lesbian Human Rights Commission.
gay-sd.com
Legislative Court Roundup N
ow seems liked a good time to take stock of some recent court deci-
sions as well as some new laws that have been passed in different states. Here’s a brief roundup of some wins, better-than-nothings, some down right losses and the latest round of court rulings on cases, some of which will prob- ably end up at the United States Supreme Court. California: Though the state does not yet recognize same-sex divorce, same-sex couples who married outside of California will now be allowed to file for divorce. In a move that will impact fam- ily law cases all over the state, legislation has been passed that entitles parties in all family law actions (including the dissolution of registered domestic partner- ships) to give oral testimony at any phase of the proceedings.
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This was previously not the case and will, undoubtedly, significant- ly increase the cost of contested dissolutions.
As the Ninth Circuit Court of Appeals continues to wrestle with the Perry v. Schwarzenegger case, it has requested that the Califor- nia Supreme Court determine whether proponents of initiatives have a legal standing to enforce those initiatives in court. While a California Supreme Court ruling on this issue probably won’t have any effect on the Ninth Circuit’s decision, it is important to have this point decided for future litiga- tion involving the interminable number of propositions passed in this state. Illinois: On Jan. 31, the Gov-
ernor will sign Illinois’s new civil unions law. Same-sex couples will be able to have their unions legally recognized by the state
CONTRIBUTORS Marci Bair Geof Bartell Max Disposti
Terese Farmen Candye Kane Michael Kimmel Cuauhtémoc Kish Kevin Leap Fawn Lofton
Michele Lowenstein Scott Marks Margie Palmer Frank Sabatini Jr. Dave Schwab Pat Sherman Jimmy Sullivan
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starting July 1. The law does not recognize same-sex marriages but will provide limited spousal right to same-sex partners with respect to surrogate decision- making for medical treatment, survivorship, adoptions and ac- cident and health insurance. Texas: On Jan. 7, the Third District Court of Appeals in Aus- tin ruled that the Texas attorney general had no standing to block a gay couple from obtaining a divorce. This ruling is the direct opposite of a ruling made by the Fifth District Court of Appeals in Austin, which held that the two men who had been married in Massachusetts were not eligible to divorce in Texas as their mar- riage was not recognized in the state. This is a major issue that we are going to see all over the United States, so stay tuned. It may be many years before these
types of issues are resolved. Adoption: Since last Sep-
tember, Florida has stopped enforcing a 30-year-old ban on adoptions by same-sex couples following a decision by a state appeals court. Questions about adoptions by same-sex couples are still being litigated in other states. The question of whether Louisiana must put both parents’ names on birth certificates of children adopted by same-sex couples was recently heard by a federal court.
Last December, the North
Carolina Supreme Court voided the adoption of a child between the child’s biological mother and her former lesbian partner. The ruling jeopardizes the legality of all such second-parent adoptions in that state. This year is looking out to be one full of significant litigation,
LEGALLY SPEAKING
lobbying and legislation on adop- tions and a variety of same-sex issues. Stay tuned. •
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