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Content about The Supreme Court

April 15, 2014

The Indian Supreme Court has instructed the Indian Government to create a legal third gender category to recognize transgender people and also that they should be classed as a marginalized group to receive affirmative action in jobs and education

India’s highest court has ruled that transgender individuals should be allowed to designate themselves in a third gender category other than male or female in a historic legal ruling today.

Indian culture has traditionally recognized transgender individuals as ‘hijras’ and many have traditionally viewed themselves as a third gender separate to male or female.

December 18, 2013

The controversial penal code 377 was reinstated in India last week and protestors worldwide came out in force to show their disapproval on Sunday

It is a week since India's Supreme Court reinstated section 377 of the penal code.

Overnight they made 17% of the world's gay population into criminals again. And, because it punishes 'unnatural' sex, they forced even straight people to only have intercourse in the missionary position or risk a jail term.

The court's decision has been met with outrage around the world, with LGBTI equality groups and public figures gay and straight lining up to condemn it.

And on Sunday (15 December) protests took place worldwide under the name ‘Global Day of Rage.’

December 14, 2013

Japan’s Supreme Court has ruled that a female-to-male transgender man must be recognized as the father of his child conceived with donor semen in a landmark decision

The Supreme Court of Japan has ruled that a female-to-male transgender man must be recorded as his child’s father, despite the child being created with donor sperm, in the first decision of its kind.

The 31-year-old unnamed man legally married his wife in 2008 after undergoing sex change procedures and she gave birth to their son in 2009 after undergoing artificial insemination.

February 20, 2013

Justices vote 5-4 in case of lesbian who sought to adopt partner's baby

The Supreme Court in Puerto Rico on Wednesday (20 February) voted 5-4 to uphold the country's law which bans gay couples from adopting children.

The ruling comes in a case where a lesbian was seeking to adopt a baby that her partner gave birth through which was conceived through in vitro fertilization.

Among those critical of the ruling is Puerto Rican superstar Ricky Martin who tweeted: 'How sad. This I see as turning your back on childhood. So many orphans wanting to have the warmth of home.'

January 12, 2013

Italy’s Supreme Court has ruled that gay parents can be as good as straight ones in a custody dispute between a man and a woman now living in a same-sex relationship

The Supreme Court of Italy has ruled that same sex couples can be as good parents as opposite sex couples.

According to APF the court made the ruling on Friday, stating ‘There is no scientific certainty or concrete evidence but only prejudice [to say that] living in a homosexual family is damaging for the growth of a child.’

January 6, 2013

Jamaica LGBT rights advocate, Maurice Tomlinson, welcomes that his country may ban anti-gay discrimination but points out it is a fundamental human rights and part of the country's heritage - not a 'Western' notion

During his World Human Rights Day speech on December 10, 2012 marking the launch of another human rights watch dog in Jamaica, the country’s Justice Minister, the Honorable Mark Golding claimed that recognizing the human rights of LGBT is a Western concept which Jamaica may be forced to accept or face financial sanction.

While this statement is great politics, it is, of course patently false.

First, homosexuality has been identified in over 1500 animal species, however in no other species besides humans are gay members attacked.

December 9, 2012

Belize’s Supreme Court will hear a challenge to the country’s sodomy law which treats homosexuality as if it was the same thing as bestiality

The Supreme Court of Belize will decide on the future of the Central American country’s colonial era sodomy law early next year, with a hearing set to begin on May 7.

Prospects for the hearing did not look good at first when Justice Michelle Arana decided that LGBT rights group the United Belize Advocacy Movement (UNIBAM) could not challenge the constitutionality of the law as it was not a person in May of this year.

October 9, 2012

The Russian supreme court dismissed an appeal by the local LGBT organization Coming Out against St. Petersburg's ‘gay propaganda’ law

The supreme court of Russia dismissed the appeal by the Russian LGBT organization Coming Out, finding the 'gay propaganda' law consistent with the legislation of the Russian Federation.

St. Petersburg law bans ‘propaganda’ of ‘homosexuality, lesbianism, bisexualism, and transgenderism that can damage the health, moral and spiritual development of minors’. The offence carries a fine of up to 500,000 roubles ($16,100)

The law also includes a definition of ‘propaganda’ given in 2010 by a Russian constitutional court.

September 14, 2012

Russian state media hailed the country’s Supreme Court ruling as a blow to discrimination of LGBT people, yet its decision actually strengthens gay events ban

The Supreme Court of Russia has ruled that some LGBT events are not classified as ‘homosexual propaganda’.

The Supreme Court’s ruling, passed this Thursday (13 September), concerned the recent legal ban on ‘gay propaganda’ to minors issued by legislature in North Russia’s Arkhangelsk Region.

Nikolai Alexeyev, an LGBT rights advocate contested the ruling in both the lower courts and the European Court of Human Rights.