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Happy Day in the U.S.of A!!

6/26/2013

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Today is a big day for U.S. queers.

The U.S. Supreme Court today ruled against the "Defence of Marriage Act", a federal law which provided that same sex partners could not get federal spousal benefits even if they lived in a state where same sex marriage was permitted, and had married.

The case began when Edith Windsor's partner, Thea Spyer died.  The two had married in Canada in 2007, after being engaged for forty years.

Yes, forty years.

After her partner passed away, the federal government ruled that she had to pay more than $300,000 in additional estate taxes because the federal government did not recognize Windsor's marriage to Spyer.

Windsor, now 84, celebrated her victory along with the rest of the country.


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November 02nd, 2012

11/2/2012

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In a progressive judgement, the Federal Court of Canada has decided that there is an  an obligation upon the Refugee Protection Division  to specifically discuss why the Applicant, as a homosexual living in a place where it has been demonstrated that homosexuals are harassed, would not be subjected to persecution as she cannot live her sexual orientation openly. Some GLB refugee claims are thrown out because a person cannot prove that they are queer.  Here the applicant proved that, and also proved that in her home country queers faced persecution.  This is an important case because it says that it is up to the government to show she would be safe returning home, rather than up to her to demonstrate that she would be in danger.  C.C.F. v. Canada (Minister of Citizenship and Immigration), [2012] F.C.J. No. 1346


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How would YOU prove you are queer?

7/27/2012

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Immigration Canada denied Leatitia Nanziri's claim for refugee status because they don't believe she is a lesbian.  Nanziri fled Uganda when she was outed by her girlfriend's father.  Lesbians in Uganda are often stoned to death.
The Refugee Division refused her claim because she was carrying a child when she arrived:  a product of having been raped.  Then they turned down her claim to stay in Canada on compassionate grounds because she had a second child in Canada, with a man.
Canada doesn't understand that if you live in a repressive country  you may hide your sexual orientation; you may have a heterosexual marriage.  And just like many Canadian lesbians with a husband and maybe children in their past, Ugandan lesbians may marry...and still be lesbians.
It is deeply distressing that Nanziri will be going back to Uganda to face the possibility of death for being queer, when Canada, a country that styles itself as supportive of queers, has sent her there.

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Nepal's LBGTs get citizenship status as 3rd gender

5/24/2012

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The Nepalese government, responding to pressure from the LBGT community and a court case last year, has announced that citizenship documents will now provide an option to identify as a third gender.
The change was greeted with alacrity in the Nepalese queer communities, according to an online article in IBN Live (http://ibnlive.in.com/news/nepals-gays-lesbians-get-citizenship-status/261025-2.html)
It is interesting that in Nepal, being lesbian gay or bisexual, or being transgendered, are treated together; in North America (except for some First Nations) we treat sexual orientation and gender identity as separate concepts. 
And it is interesting that Nepalese queers have argued for another category, as opposed to arguing that gender markers should be removed altogether.  In pending human rights cases we are arguing that passports (and any other identity document that includes a photo) should have no gender markers. 
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