» SUMMER 2005

VOL 5 ISSUE 2 NEWSLETTER ISSN 1378-577X w ww.ilga-europe.org

Same-sex marriage: ultimate sign of equality or end of liberation?

»» SuccessfulSuccessful eventsevents forfor ILGA-EuropeILGA-Europe membersmembers »» JoiningJoining voicesvoices againstagainst homophobiahomophobia »» PinningPinning downdown discriminationdiscrimination inin courtscourts The European Region of the International and Gay Association

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Table of Contents A very warm welcome to the Summer edition of our Newsletter!

3 Board & staff news You will notice that we keep trying to improve our Newsletter by 3 ILGA-Europe's Angels scholarship scheme creating more space for debates on topics that matter to all of us. 4 ILGA-Europe's seminars in Krakow This time we decided to explore if marriage is the best and appro- 5 ILGA-Europe's EU Co-ordination Network priate option for same-sex couples and are offering two articles 6 Priorities for the UK EU Presidency with opposing views. Let us know what you think? What would you 6 Two new ILGA-Europe's reports 7 Revisiting Lisbon strategy like to see being debated in the future editions? 8 Death of the Brazilian Resolution 9 Europe says 'no' to As usual, we are trying to balance and reflect both ILGA-Europe's 10 Same-sex marriage debate: activities and developments across all Europe. Joining the sinking ship Marriage for Dignity and Equality In this edition you will read about our two successful events - sem- 13 News inars in Krakow and the EU network meeting in Brussels. We are 18 Events determined to work more with and for our members and are plan- ning similar seminars in Slovenia in early 2006. We also took part The ILGA-Europe Newsletter is the quarterly newsletter of in an OSCE's conference on intolerance and hosted a side event ILGA-Europe. Volume 5, issue 2, summer 2005. on homophobia (details in the next Euroletter).

Editor: Juris Lavrikovs Urbaniak, Nigel Warner. There have been changes in our staff and board, yet again we said good byes and welcomed new people as board and staff members. Proof reading: Jo Semlyen Design & layout: Silja Pogule, www.siljadesign.lv We also published two reports which we hope will be useful tools Contributors: Stephen Barris, to further improve employment equality and to pressurise the EU Simone Brander, Fintan Printer: Sofadi to do more work on LGBT rights in third countries. Farrell, Riccardo Gottardi, Tatjana Grief, Kurt Krickler, Next issue: autumn 2005 Current crisis over the European Constitution means we have to Jackie Lewis, Christine follow closely this development and ensure the Union does not Loudes, David Montero, Peter Deadline: 10 August 2005 abandon its commitment to equality. Norman, Sheila Quinn, Mike Homophobia is dying hard and the events in three European capi- tals when the rights to assembly and expression were breached © ILGA-Europe. Reproduction permitted, demonstrate just that. On the positive side, homophobia is provided that appropriate reference is made to the source. increasingly being defeated in the courts.

We hope you will enjoy this Newsletter and look forward to hear- This Newsletter is published publication does not necessarily ing your feedback. We hope that the summer has finally arrived with the support of the European reflect the position or opinion and will settle in your part of Europe! Commission – The European of the European Commission. Union against . It is not liable for any use that PATRICIA PRENDIVILLE The information contained in this may be made of this information. ILGA-Europe's Executive Director

»P2 ILGA-EUROPE NEWSLETTER was elected a reserve male board Good byes and welcomes member last October during the annual conference in Budapest. Network, for lobbying the EU organisation but we wish them Staff & Board News institutions and developing our the best of luck in their new Vanja is an international LGB- dialogue with the social part- professional and future person- TIQ activist. He worked on ners, always with the greatest al life, with plenty of successes numerous projects and commitment and creativity. and a lot of love. researches on contemporary visual culture, religion / inter-reli- Don has offered to ILGA-Europe We are very pleased to announce gious dialogue, and human his skills and long term experi- that we have appointed Maxim rights throughout Europe (espe- ence, which was especially Anmeghichean as the new cially in the Western Balkans Vanja Ch. Hamzic important in developing our Director of Programmes. Maxim is countries, , and In May ILGA-Europe said good work in Eastern Europe and currently Director of GenderDoc ), the Middle East, bye to two members of staff: making significant progress in organisation in Moldova, and has Turkey, Iran, Pakistan and Don Bisson, Director for our lobbying and cooperation been a board member of ILGA- . He is an active member Eastern Europe, Council of with OSCE, especially with the Europe since 2002. At the last of Organisation Q, the only Europe and Office for Democratic board meeting in June Max LGBTIQ organisation in Bosnia Programmes, and Birgit Hardt, Institutions and resigned from the board. We and Herzegovina, an active Policy Officer (Networks). (ODIHR). He also played a cru- thank Max for his valuable work member and one of the cial role as acting Executive as a Board member, and look for- founders of the SEE Q Network Birgit has been an invaluable Director from June to October ward to welcoming him in his new (South East European asset to ILGA-Europe for more last year, managing ILGA- role with us in September. Network), and the founder of than two years, engaging in Europe in a challenging period IIVQM (International Initiative for numerous areas of work. She of transition. This means that we have a new Visibility of Queer Muslims). has been responsible for the board member - Vanja Ch. newsletter and for coordinating Both Don and Birgit will be Hamzic from Organisation Q in JACKIE LEWIS and and strengthening our EU missed a great deal by the Bosnia and Herzegovina. Vanja RICCARDO GOTTARDI Executive Board Co-Chairs ILGA-Europe annual conference New "Angels" scheme to raise money for more scholarships

the transgender community. their money has supported, ence in Bucharest in 2000 .. Funds for these scholarships and be given background infor- when the conference ended, I are becoming increasingly diffi- mation about the scholar's was a different person, and cult to find. As a result of this organisation and work. could proudly call myself an ILGA-Europe is setting up a LGBT activist …. if you're "scholarship angels" scheme to Supporting the launch of the able to support the enable supporters - both scheme, Max Anmeghichean, "Scholarship Angels" organisations and individuals - Executive Director of Moldova's scheme, I would very much to contribute a sum of money LGBT organisation GenderDoc- encourage you to do so. each year towards the confer- M (and ILGA-Europe Board Your support will be one of Max Anmeghichean ence scholarship fund. Member) commented: the best and surest invest- Scholarships to ILGA-Europe's ments in the future of the annual conferences have long Donors will be encouraged to "I strongly believe that par- LGBT movement in Europe." been a very important way of give a fixed sum of money - ticipation in ILGA-Europe supporting the development of equivalent to the cost of confer- conferences is of major Please support this scheme! LGBT human rights activism, ence participation, or confer- importance for activists from Become a scholarship Angel! particularly in Eastern and ence participation and travel. Eastern Europe…. I remem- For full details, visit our South Eastern Europe and for They will be told which scholar ber very well my first confer- website: www.ilga-europe.org.

ILGA-EUROPE NEWSLETTER »P3 Building on membership's capacity

Last April ILGA-Europe organised two seminars which coincided with shared their experience on how to monitor and gather evidence, how to the Culture for Tolerance Festival in the Polish city of Krakow. document human rights violations and finally how to use the informa- tion to lobby both national governments and international organisations. The Human Rights Monitoring seminar was aimed at participants with little or no experience in this area. It introduced human rights moni- It was interesting and moving experience. Unfortunately in my toring as a practical tool for LGBT activists. External experts from country LGBT activists don't have solid knowledge and skills of Human Rights Information and Documentation Systems, International organisation monitoring activities. Other human rights groups (HURIDOCS), Office for Democratic Institutions and Human Rights of don't include cases of violations motivated by homophobia in the Organization for Security and Cooperation in Europe their reports. That's why opportunity to participate in education- (ODIHR/OSCE), Human Rights Watch (HRW), Amnesty International, al events like ILGA-Europe held in Krakow is very important for young LGBT movement in Belarus. I'm also appreciated the International Gay and Lesbian Human Rights Commission (IGLHRC) good will of the organisers of Days of Tolerance for giving me room in their extensive program to talk about discrimination of It was very resourceful, getting informed about various aspects LGBT people in Belarus. of monitoring. It made us realise that most LGBT organisations Viachaslau Bortnik,Amnesty International LGBT Network, at the moment do not monitor in a structural way. How system- Belarus atic yet simple it needs to be. Encouraging that a lot of the groundwork has been already laid and developed by Huridocs in cooperation with other human rights NGOs. This would be an The human rights seminar had indeed offered a couple of new opportunity that should be developed further. aspects and facets even for an old-timer like I would consider At the present we are still thinking how we can incorporate what myself to be. I found it especially interesting to learn that the we learned into our daily practice, since it involves quite a bit of monitoring of human rights violations is not only about docu- structural human resources, for which, in our experience, it is menting concrete cases but also about observing cases "sur hard to get funding for. place" when they are happening, for example harassment or Also very useful, was to get a clearer insight in what the OSCE abuses by the police; and to learn that this kind of monitoring is, does and what they can and cannot do for the protection of requires a special "neutral" and professional approach. The vari- LGBT rights. ous expert presentations were excellent. Glenda Mangus, COC, Kurt Krickler, HOSI Wien, ILGA-Europe's Seminars ILGA-Europe's

The Fundraising seminar was aimed at participants that may have Seminar was very interesting and useful for me and my work. I some experience but wanted to explore alternative ways of raising think that it is very important especially for Belarusian LGBT funds. Together with external experts, participants had the opportuni- movement. Belarus has great need of experienced and effective ty to learn more about the pros and cons of different fundraising LGBT activists and I have no doubt that seminars like this methods. The seminar was practically focussed and aimed to give organised by ILGA will help to create one. I'll put my new knowl- participants concrete advice and realistic tools on how to raise edge and experiences to great use for Belarusian LGBT move- money for their organisations. ment. In some months our organisation planning to organise Fundraising seminar for our workers and members, and I will be mine expert and will give my knowledge and experiences to I am very glad to have the possibility to join the fundraising semi- other people from all republic. nar in Krakow. It was very useful for me. I already have got some Slava Sementsov, LGBT Vstrecha, Belarus experiences with fundraising so at the beginning I thought that the seminar will just intensify my knowledge. But finally I was very positively surprised. It was full of new and very important I somehow had the impression that fundraising was more or directions, recommendations and tricks that I can use not only in less a job for elderly ladies who bake or knit or do needle my organisation. After my homecoming I have informed also works for the Christmas or Easter church bazaar. I also other Czech organisations about the seminar. If they are interest- thought of tea parties where people raise money for different ed, I will use the knowledge I obtain in Krakow to help them with causes. Having attended the seminar, I discovered that their projects preparing. fundraising is a highly sophisticated field. Kvetoslav Havlik, Gay Iniciativa v Ceské Republice, All presentations were very well prepared and extremely useful. The handouts given out, especially the list of the EU funding pro- grammes, are extremely valuable for future ence and a more reli- able s Alecos Modinos, Cyprus Movement

Main presentations are available on our website: www.ilga-europe.org > Finding opportunities. JURIS LAVRIKOVS »P4 ILGA-EUROPE NEWSLETTER Strengthening EU lobbying efforts

During the first weekend in April, over 30 participants from the future EU27 countries (except Latvia & Slovakia) gathered for ILGA-Europe's regular EU Coordination

Network meeting in Brussels. ILGA-Europe EU Co-ordination Network Meeting

The Network has existed since 2001 and brings together activists from the EU countries to facilitate and coordinate joint lobbying and campaigning activities at EU level. The Network aims to ensure fast and effective action in order to best influence EU policy and legislation as well as the full implementation at national level of relevant EU directives.

The meeting started with an update by Roshan Maes di Puppo of the European Social Platform on the main current The first set of workshops European Disability Forum, the lowing external experts for their developments in EU. addressed more substantive participants were given an contributions to the network Participants were also briefed issues such as what human opportunity to better under- meeting: Roshan Maes di about ILGA-Europe's current rights protection mechanisms are stand how lobbying at EU level Puppo, the European Social EU priorities. To help the partic- available at EU level and what is takes place through working Platform, Stephen Barris, ILGA, ipants to get their heads the most effective way of using with a case study and develop- and Javier Güemes, EDF. around complex EU jargon, them, how the issues of LGBT ing a specific plan for lobbying Details of this and all previous ILGA-Europe prepared a so- youth fit within the EU social steps. ILGA-Europe EU Coordination called EuroGuide; a series of inclusion policy and what the Network meetings are available factsheets about various latest developments in the fam- At the end of the meeting the on our website: European organisations and ily diversity promotion field are. participants were stimulated www.ilga-europe.org. institutions, their policies and with new ideas and the collec- relevance to LGBT issues The second set of workshops tive ILGA-Europe's actions JL which is now available on our was more of a practical nature wish-list expanded dramatical- website www.ilga-europe.org. when the participants had a ly! But, as ILGA-Europe has its chance to discuss and conduct strategic plan and limited This year's meeting was organ- exercises on how ILGA-Europe resources, these ideas must fit ised slightly differently; there and its members could work into the overall plan, and unfor- was less lecturing to the partici- better to maximise our common tunately not all would be possi- pants and more interactive lobbying aims. The participants ble now. Nevertheless, there practical workshops. The num- brainstormed about how gath- was a positive, creative and ber of discussion issues was ering national data and improv- encouraging feeling and it reduced, the topics were more ing communications can con- appears the new approach and focused and each workshop tribute to ILGA-Europe's lobby- structure of the meetings took place twice to enable the ing activities. During the lobby- proved to be a winner. participants to attend as many ing workshops, co-facilitated by as possible. Javier Güemes of the We would like to thank the fol-

ILGA-EUROPE NEWSLETTER »P5 ILGA-Europe's priorities for the UK Presidency

From 1 July until 31 December We would like to see evidence well as on the emerging policy Anti-Discrimination and to the 2005, the (UK) of a strong commitment to and position on further legisla- Pre-Conference on Sexual will hold the EU Presidency. human rights, equality, anti-dis- tion in the field of anti-discrimi- Orientation Discrimination, both These are challenging times for crimination, social inclusion nation. Mainstreaming Equality scheduled for November 2005. the European Project and there and an ending to poverty in the should be a motto for the are a number of key issues we work of the UK Presidency. Presidency. We are in contact with certain would like to see the government members and Presidency progress. Given the experience of both Finally, we would like to see this have had some initial meetings Northern and Scotland presidency supporting the role of to take forward our agenda on Events in the past months in mainstreaming equality, and the EU in promoting fundamen- anti-discrimination, equality and make it particularly crucial that the move within England and tal rights and the relationship social inclusion. there is a strong focus on the Wales towards an equality poli- with other human rights bodies social dimension of the cy that is inclusive of a broad such as the Council of Europe In ILGA-Europe we call on this European Project - the refocus- range of grounds, we would and OSCE and UN agencies. Presidency to strongly focus on EU lobbying plans EU lobbying ing of the Lisbon Agenda and like to see this experience influ- the social dimension of the the current debate on the con- encing the work on the We look forward to the European Project. stitution of Europe. Agency as Presidency Conference on PP

It's all about Rights, not Crimes.

The reports argues that awareness and visibility of the the Council, the EU because the EU member states fact that rights of LGBT people Presidencies and the European signed agreements containing are human rights and to protect Parliaments working on the human rights provisions with people fleeing persecution. issue of third countries and several third countries, the EU human rights. institutions have a responsibili- The report will be presented to ty and should actively seek the key actors in the Commission, CHRISTINE LOUDES end of criminalisation of con- senting same-sex acts by these countries.

This report points out that Employment Equality despite the declarations con- In June ILGA-Europe launched demning the use of death penal- The introduction in 2000 of the a new report entitled Rights not ty, the EU has signed agree- EU Directive prohibiting dis- Crimes. This report looks into ments with countries which exe- crimination in the workplace on the role of the European cute people simply because of the basis of Unions (EU) institutions regard- their sexual orientation. represented an unexpected ing countries that still crimi- and much welcomed advance nalise consensual same-sex Finally, it contains a list of rec- in the progress toward real acts. The report argues that the ommendations targeted at the equality for LGB people. The laws criminalising same-sex EU institutions, namely: to put legislation offered the possibili- acts breaches international pressure on governments to ty of a transformation in the human rights standards and stop violations of the human working life of , gays equate to degrading, inhumane rights of people because of and bisexuals. No longer need treatment and torture. their sexual orientation; to raise they hide their sexual orienta- New ILGA-Europe’s Reports: ILGA-Europe’s New

»P6 ILGA-EUROPE NEWSLETTER have a reinvigorated strategy Lisbon Revisited tackling poverty and social exclusion and more openness in the discussion about EU While many of us would like reached the mid point of what * A parallel Open Method of economic and employment pol- the opportunity to revisit Lisbon is called the Lisbon Strategy, a Coordination (OMC) on Social icy. From the perspective of regularly the latest revisit was a review has taken place which Protection and Social Inclusion lesbians, gays, bisexuals and paper exercise and didn't pro- culminated at the Spring will continue to have an inde- transgender people what is vide opportunities for getting to Council earlier this year. While pendent input into the Lisbon important, is that the evaluation European Social Policy know this beautiful city better. it is still a little unclear what the Strategy. The shape of this of the OMC which is been con- In EU speak, Lisbon stands for revisited Lisbon strategy will OMC will be determined by the ducted in this coming year the key immediate priority look like, slowly a picture is evaluation of the existing maintains an approach to tack- objectives for the EU. As many emerging. We can say that: arrangements, which is present- ling poverty and exclusion of you will already know, this ly been conducted by the which recognises the multi comes from the fact that it was * The revised Lisbon Strategy Commission, who will report on dimensional nature of the phe- in Lisbon, in the Spring Council is still based on a balance the outcome of this evaluation nomenon of poverty and exclu- of 2000, that the heads of state between economic, social and at the end of this year. sion, so that those aspects of and governments set the environmental concerns but the struggle for equality for strategic target for the EU to that it is focused on the objec- * That there will be a 'feed in' LGBT people which relate to become the most competitive tives of Jobs and Growth. between the parallel OMC poverty will still find a place and knowledge-based econo- process and the revised Lisbon within the discussion. To give my in the world capable of sus- * The economic and employ- strategy to ensure that Jobs an example, at the Round taining more and better jobs ment aspects are now dealt and Growth contribute to Social Table in Glasgow later this and with greater social cohe- with through integrated guide- Cohesion and to ensure that year, which will take place sion. It was here that the lead- lines (combining aspects of the efforts to address poverty and under the guidance of the pres- ers also agreed to bring for- old Broad Economic Policy exclusion can contribute to ent approach to the OMC on ward a strategy to make a Guidelines and the Jobs and Growth. Inclusion, the workshop which decisive impact on poverty in Employment Guidelines) that will look at issues, including the EU by 2010. requires reporting from the So what does this mean? early school living, should also National Level on the imple- Firstly that there is a danger address issues which can With the election of the new mentation of these Guidelines that the Jobs and Growth cause LGBT people to leave European Parliament, the as well as European level approach will be so dominant school early. appointment of a new reporting that will go each year that only lip service will be paid Commission, the many to the Spring Council. A so to the OMC on Social FINTAN FARRELL changes in the nature of the called Mr or Ms Lisbon is to be Protection and Social Inclusion. Director of the European Anti governments in the EU appointed in Each Member However a more positive inter- Poverty Network Member States and having State to oversee this process. pretation could say that we will

tion for fear of harassment or promise. The document looks good practice available, the discrimination. Such freedom at the nature and extent of the An important position taken in document points to practical would enable them to partici- legislation's provisions as well the discussions is that legisla- steps that can be taken to help pate fully and openly and thus as its limitations and weak- tion is not enough. If equality realise the promise of equality enjoy better social and profes- nesses. Some of the issues for lesbians, gays and bisexu- in the workplace. sional relationships with their explored include: How effective als is to become a reality in the colleagues. Because of the can legislation be that relies on workplace, then reacting to SHEILA QUINN new environment, they would the determination and commit- inequality is not going to do it. better realise their career ment of the person who is dis- The focus has to be on meas- Both reports will be available in potential and bring home con- criminated against coming for- ures and initiatives that actively English on ILGA-Europe's web- crete benefits for their partners. ward to make the law active? promote equality. This requires site (www.ilga-europe.org) Such was the promise. Is it not better to prevent dis- a collective effort on the part of and in paperback version on crimination before it happens? all stakeholders. Relying on the request. In a new document, due out in How are potential victims of testimonials of lesbians, gays June, we explore the extent to discrimination helped to make and bisexuals with first hand which we have realised that the law effective? experience, as well as the

ILGA-EUROPE NEWSLETTER »P7 The Brazilian resolution is dead. What's now?

of the Swedish and German While ILGA organised a specif- tity at the UN this year. Foreign Offices. ic panel on the multiple dis- Interest on all of these issues criminations suffered by les- is high at the UN and a large ILGA brings 27 activists to bians, Rosanna Flamer number of governments made the UN and organises four Caldera, co-secretary impressive statements in sup- public debates: visibility at General of ILGA was also invit- port of a future resolution… ILGA representatives meet Chairman of the UNCHR, its highest! ed by the Finnish government , acting as cur- Ambassador Wibisono (centre) to speak publicly on the strug- rent EU presidency "stressed Visibility for the LGBT move- gle of lesbians, both in Sri the unacceptability of any dis- Neither voted on, nor dis- ment has always been a key Lanka and around the world. A crimination based on sexual cussed at the , issue; the United Nations is not panel on Trade Unions offered orientation" the opening week the Brazilian resolution, the first exception to the rule. For the the opportunity to gather major of the Commission while New of its kind banning discrimina- second consecutive year, 40 to trade unions supporting the Zealand and 32 other coun- tion on the grounds of sexual 50 LGBT activists came togeth- LGBT struggle such as Public tries made a public statement orientation simply died at this er in Geneva. With 27 activists Service International, the pushing the Commission to year's Commission on Human from all parts of the globe and International Confederation of address the issue of sexual Rights (UNCHR) in Geneva. four panels this year, ILGA did Free Trade Unions, and orientation and gender identi- Though seeing "our" resolution more than its share. Such an Education International. A ty in a resolution in the near dropping off the agenda of the effort did not go unnoticed by panel on transgender issues future. The increasing number Commission is certainly not a the media and a crew from was another demonstration of of Latin American countries in pleasant thing, the whole UN German/French TV channel ILGA's commitment to seeing favour of such an initiative exercise around that resolu- Arte followed ILGA's team at the properly was remarkable this year (as tion has done a lot of good to the UN. As many government addressed in a resolution in the was the absence of Brazil the international LGBT move- officials were queuing to give future as decided at the Manila who initiated the whole dis- News from ILGA from News ment in general and to ILGA their condolences to the repre- World Conference. cussion by presenting a reso- in particular. ILGA came sentative of the Holy Sea that lution of the sort in 2003). All stronger to Geneva this year very same week, our first panel A large number of govern- in all, since 2003, no less and invited 27 activists to on the relationship between ments spoke in favour of a than 48 countries have pub- come and give testimony at religion and future resolution on sexual licly supported a resolution on the UN thanks to the support made quite an impression. orientation and gender iden- sexual orientation and gender identity at the UNCHR. Our Background information: presence, as representatives Sexual orientation is a fundamental aspect of every indi- ILGA-Europe is the European of the LGBT movement, Region of the International vidual's identity and an immutable part of self. Mr remains crucial at the UN to Lesbian and Gay Association Chairman, we recognise that sexuality is a sensitive and ensure the highest possible (ILGA). ILGA was funded in 1978 complex issue. But, we are not prepared to compromise and is a world-wide visibility and that due impor- tance is given to the recogni- on the principle that all people are equal in dignity, rights network of national and local groups dedicated to achieving tion of our rights. The next and freedoms. This Commission must uphold the princi- equal rights for lesbian, gay, ILGA World Conference to be ple of non-discrimination. We hope this Commission will bisexual and transgender (LGBT) held in Geneva next April will not be silent for too much longer. people around the world. take place during the Commission on Human ILGA is to this day the only Rights and who knows, the New Zealand Ambassador, Tim Caughley speaking on international non-profit and non- time might be right by then? behalf of 33 countries. United Nations Commission on governmental community- based federation focused on Human Rights, April 2005. presenting discrimination on grounds of sexual orientation as STEPHEN BARRIS a global issue. www.ilga.org

»P8 ILGA-EUROPE NEWSLETTER Europe says 'no' to homophobia

On 17 May 2005, the first International Day against Homophobia was marked with official statements, protests, performances and many other events across Europe. International Day Against Homophobia Josep Borrell Fontelles, President of the European Parliament, came out with a statement condemning homo- phobia and reinforcing EU's com- mitment to fight discrimination and violence based on sexual orientation: "The European Parliament has always fought for equality and the defence of human rights and supports the campaign against homophobia in the context of the wider struggle for the defence of human rights, which is one of the fundamental values of the European Union. In London, United Kingdom, activists from Outrage! And the Gay It remains our duty, as an enlarged European Union, to continue and Lesbian Humanist Association organised a protest outside the the struggle against the moral discrimination and physical violence Saudi Arabia's embassy. related to sexual orientation. Such injustices must be overcome in all countries by all means." "Saudi Arabia is one of the world's most homophobic countries. Gay people are routinely arrested, jailed, tortured, flogged and sometimes executed. We want EU and UN sanctions against the Saudi dictatorship. King Fahd should be arrested, taken to the International Criminal Court, and tried on charges of torture and murder. Britain and the EU should halt all trade with the murderous, homophobic Saudi tyranny", said protest co-organiser Brett Lock.

In Sofia, Bulgaria, around 30 Activists from the Ukrainian New ILGA-Europe's activists organised an LGBT organisation 'Nash Mir' Equality March that ended by marked the day with a protest website the National Assembly build- action outside the university, ing. The activists collected which last autumn expelled a around 200 signatures and student just because he was is coming soon! nearly 12 000 electronic sig- gay, and distributed leaflets We are planning to re-launch our re-designed and improved natures under the petition to with anti-racism, anti-xenopho- the National Assembly's bia and anti-homophobia con- website in October 2005, chairperson calling for an tents. The activists also watch this space! official recognition of 17 May launched a hot air balloon with as a Day against an anti-homophobia slogan Homophobia. above the capital city. www.ilga-europe.org JL

ILGA-EUROPE NEWSLETTER »P9 Joining the sinking ship

"Who is to blame for the many ruined, unhappy marriages of our time? beneficiary of my will to inher- As a rule, not the husband, nor the wife: marriage itself is to blame." it my goods without paying Hedwig Dohm, 1909 crippling legacy tax, I want to say who will have the right to "We don't need no piece of paper from the city hall, Keeping us tied and true." turn off my life-support, if nec- Joni Mitchell, 1971 essary, those I love to visit me in hospital without my blood relatives vetoing it. But I see no reason to wish all I came out in 1972, right into tion of marriage." 1 tain age should not be sur- those rights (or duties) to be the turbulent birth-pool of gay prised when they are disap- invested in a single person. liberationist and revolutionary They were right to draw atten- proved of or pitied. That is a Yet this would be the feminist activism. Like many tion to heterosexuals abandon- vital part of what makes mar- inevitable result of regulating of my time, I am sceptical ing marriage in their droves. riage work. It's stigma as social these matters through a mar- about some of the goals of The trend began in the 60s, policy." 2 riage contract, or even regis- the modern gay'n'lesbian and continues to this day. It tered partnership. movement, not least homo- can be roughly quantified using Rights or robbery? sexual marriage. Back then, figures on children born to In her paper3 at the conference we would have opposed gay unmarried women. In both One can be in favour of les- "Legal Recognition of Same- marriage on the simple England and France in 1970, bian/gay marriage without shar- Sex Partnerships" in London in grounds that we were against 8% of children were born out- ing Rauch's right-wing views. 1999, Janet Halley noted that marriage, full stop. Hedwig side marriage; by 2001, that Pro-marriage advocates in "[t]o seek recognition is to con-

Same-sex marriage debate: Same-sex marriage Dohm, quoted above, was not number had risen to 40%. In Europe have focused more on cede the authority of those the first nor the last feminist , over 70% of children the practical advantages, finan- whose regard is sought". to argue cogently that mar- are now born to unmarried cial, legal and social, enjoyed Moreover, to promote mar- riage is deeply hostile women. Some proponents of by heterosexual married cou- riage as a recognition of our women's autonomy. That gay/lesbian marriage in our ples which are not open to relationships (as opposed, alone should make us think time are indeed, like Hodges homosexuals. How can we win say, to a transformation or hard before seeking entry into and Hutter's " those rights, they might ask, restructuring of them) is to that institution. spokesmen", "pushing us into without getting married? It's imply that those relationships th[is] prison." They promote important to look closely at are pretty much like marriages Gay liberationists in the 70s marriage not just as an option, those advantages, and ask to begin with: all we require is could not have dreamt that but as a norm, almost an obli- which are legitimate rights at that this be "recognized". But homosexuals would, 25 years gation. Jonathan Rauch writes: all, which are unjustified privi- are they? Heterosexual oppo- on, literally seek access to "If gay marriage is recognized, leges, and which carry disad- nents of homosexual marriage legal marriage, but they were single gay people over a cer- vantages which outweigh their almost all say they are not, critical of what they called value as rights. and it was the explicit inten- "compulsive monogamy". GLF tion of 70s lesbian feminists members Andrew Hodges and Some which seem to fall in the and gay liberationists that David Hutter wrote: "our category of legitimate rights are they should not be. homophile spokesmen ... are "next-of-kin" rights in health- busily pushing us into the care (hospital visiting rights, the I think the dynamics of our prison from which intelligent right to take decisions for a relationships differ very much heterosexuals are trying to patient when s/he is too ill to from those of "classical" mar- escape. We foresee future do so, etc) and inheritance and riage. Few of us now live in anthropologists turning to the tenancy rights. I agree these GLF-style communes, but also, pair-bonding of discreet are important rights. Like any- few of us live in the inward- homosexuals as the only one, I want the person sharing looking couple-relationships, means left available of exam- my home to be able to live with a sharp distinction ining the long-defunct institu- there after my death, the main between family and friends,

»P10 ILGA-EUROPE NEWSLETTER that characterize heterosexu- diminish their parental roles." operates in favour of women's al marriage. Frank Browning dependency. notes: "We gay folk tend to The financial advantages organize our lives more like enjoyed by married couples Some, like German parlia- extended families than (favourable tax/insurance rates, mentarian Volker Beck, dis- nuclear ones. We may love work benefits, pensions etc) all miss this by saying the prob- our mates one at a time, but seem to me to be unjustified lem simply can't arise for our 'primary families' are privileges. Large sums are homosexual couples.6 Even if often our ex-lovers and our involved. In her essay this were true, it is shocking ex-lovers' ex-lovers. ... "Lesbians' and Gays' Craving for a gay man to support a Modern marriage, by compar- for Normality"5 , Constance ison, tends to isolate couples Ohms notes that taxing mar- from their larger families and ried couples jointly costs sometimes from friends - Germany 20 billion EUR p.a. especially if they are ex- But who pays for that 20 billion lovers." 4 EUR hand-out? Unmarried people. I object to subsidising The banyan tree my heterosexual colleagues' spouses, and frankly, I'm no The complex networks of our keener to subsidise my lesbian "families of choice", which and gay colleagues' lovers. Edmund White dubbed the Lesbian/gay marriage finan- "banyan tree", has implica- cially disadvantages the tions for the rights above. In majority of homosexuals by some places, many can be increasing their tax and insur- regulated by civil law: a docu- ance subsidy to married cou- social system which operates ment designating a person ples, straight and gay. to the disadvantage of responsible for health deci- women. But it's not true any- sions, a notarised will etc. Dependency - way. There are inequalities Where this is not possible, we heterosexualising our between partners in any cou- should surely campaign for relationships ple, including inequalities of law changes to benefit not wealth and income. Do we just gay/lesbian couples, but Another problem with such want to build those inequali- also single people and any arrangements is that they fos- ties, by law, into the very people in non-traditional rela- ter dependency within couple structure of our relationships? tionships. Injustices in the law relationships. Historically, this To be tied to our partners no of inheritance, for example, has meant the dependency of longer just by love or friend- 1 With Downcast Gays (London, are often not challenged at all wives on their husbands. That ship, but by dependence on 1972). by the simple assimilation of was, at their origin, the very them for healthcare insur- 2 lesbian/gay couples to hetero- purpose of such tax schemes, ance, access to basic Rauch, Jonathan, "For Better or Worse?", in The New sexual spouses. Parenting which used to be called "mar- services? Republic, 6 May, 1996. also raises problems. Frank ried man's allowance" and Browning again: "The mar- suchlike, and facilitated a Marriage? We don't need it, and 3 "Rhetorics of Justification in riage model could prove lifestyle in which a man "provid- we'd be better off without it. Like the Same-Sex Marriage Debate". especially problematic for ed for" his wife, who worked the overwhelming majority of rearing children. In a gay fam- unpaid in the home. The rele- 70s lesbian feminists and gay 4 Browning, Frank, "Why ily, there are often three par- vant laws have been reformed liberationists, I believe that gay Marry", in The New York Times, ents - a lesbian couple, say, many times and - on paper - and lesbian marriage is a bad 17 April, 1996. and the biological father. the position of husband and idea because marriage itself is a 5 In Bubeck, Ilona (ed.), Unser Sometimes, four or five adults wife has been equalised. But bad idea, and our campaigning Stück vom Kuchen? Zehn are committed to nurturing the since women's average wage energies would be more worthily Positionen gegen die Homo- children. In such cases, a mar- is still considerably less than devoted to its abolition than to Ehe (Berlin, 2000). riage between two might bring men's, and women still in its extension. 6 As quoted in Stedefeldt, Eike, second-class status to the rest practice do most of the work "Triumph der Dummheit" in of the extended family and in the home, the system still PETER NORMAN Bubeck, op. cit.

ILGA-EUROPE NEWSLETTER »P11 Marriage for Dignity and Equality

I got married 9 months ago. I not agree when people say speak clear. European intellectuals led by did it because I loved (and that marriage is accepting the Ulrichs and Hirschfeld started keep on loving) my husband. In establishment and submission As a legal institution, as a con- to demand equal legal treat- this personal decision, I didn't to some kind of control… tract, marriage is subject to ment for homosexuals. The take into account any other Those who affirm that marriage many interpretations and can demand for the right to marry consideration but our mutual is a sexist and patriarchal insti- be filled with a diverse content, has been only a logical and love. After our marriage, lots of tution should explain what is which not only does not denat- very recent consequence of people asked me why we there of all that in the marriage uralise it but, on the contrary, that struggle for dignity. When decided to get married. I don't between two lesbians. makes it richer. Originally, mat- because of HIV/AIDS we were remember any of my brothers rimony (from Latin, mater and dying and our partners were and sisters, or any of my other The law must offer the same monium) was an indissoluble being ignored not only by pub- straight friends being asked opportunities to every citizen. If institution for a woman to pass lic authorities but by our own about the reasons why they got some have the chance to insti- from her father's protection to married. Everybody knows that tutionalise their affective rela- her husband's; the husband when a woman gets married to tions, their love, according to a accepted her as a charge a man they just want to create well-recognised legal institution (monium). As a compensation a family, to confirm their com- which gives rights (and obliga- for this, the wife's father had to mitment, to make public to tions) to the partners, and has contribute with the dowry. The society that they love each the benefit of social prestige, I wife was not entitled to decide other and want to take care also want to be able to accede and, of course, every single one of each other for the rest to that status because my love right belonged to the husband, families too, when those per- of their lives. is not lesser, nor worse, nor who was even able to disown sons with whom we shared our Same-sex marriage debate: Same-sex marriage even different than others'. If his wife. Through the marriage lives stayed alone, with nothing someone dares to say that we, a sort of social control is being else but their memories, then gays and lesbians, are not able made: for example, avoiding we started to realise that for to get married because the people of different races or the rest of the world we were nature of marriage is hetero- belonging to different religions NOTHING, we had no value as sexual, is trying to establish to get married. None of these human beings, we were only categories in love, is trying to limits have defeated the mar- animals who had sex for pure say that we have not the ability riage; it just has been adapted instinct, incapable of loving to generate and receive the to the principles that democrat- each other. Throughout the his- Apparently, for gay people same quality of love, is affirm- ic societies and the state of law tory, we have been sinners, these reasons are not enough. ing, in fact, that all human have adopted. possessed by the devil, sick, We must declare an extra polit- beings are not equal, and this criminals… We had to start ical motivation for our wedding. is a torpedo against our demo- Since the beginning, the strug- earning the respect we I don't agree. As an LGBT cratic system. There are no gle of lesbians, gays and trans- deserved as human beings rights activist, my political com- categories in love; there are no gender people has been a from scratch, because we had mitment is for Equality, for differences in human essence. struggle for equality and for our nothing. And in that way, we Dignity. I work to achieve equal dignity. I just want to remind have been pioneers because opportunities before the law for It is not acceptable either to now, because it is a question of we did not give up our lifestyle, gay, lesbian and transgender create a new legal institution, justice not to forget it, that we came out to the streets people. But, once this becomes with the same content but dif- despite the fact that the mod- always happy, proud of our- real, the personal decision of ferent name: black people ern concept of "movement for selves and of our love. As every human being belongs to during the were gay, lesbian and transgender many other social movements that part of own intimacy where also allowed to go by bus, but people's rights" comes from the before us (feminism, move- nothing and nobody can inter- they have special buses for events in New York's Stonewall ments of ethnic liberation, etc.) fere. If one's decision for not them: that was segregationist. Inn in 1969, it would be much we always had at the horizon getting married is valid, the If someone wants to go back more exact to go back to the of our struggle the idea of contrary also has to be. I do to those regimes, should 19th century when several changing the world to make it

»P12 ILGA-EUROPE NEWSLETTER more fair and more free. And As a gay activist, I do not This is all about equality. If we fact, everyone will be able to act we are reaching our goal. In accept that we have have already agreed that the the way they want, and they will fact, when we activists and renounced to our main target colour of our skin, the God we say YES or NOT; but at this LGBT groups, demand our of achieving social change; pray to, the political beliefs we moment this is an option only right to get married we are just we are only doing it our way. have or the number of chromo- Dutch, Belgian, Spanish, some confirming our indestructible Who could have thought, one somes we have are not relevant Canadian and US gay people faith in democratic principles hundred years ago, that two circumstances to grant different have. For the rest of the world, such the Universal Declaration women could one day be free levels of rights, then it is the democracy is yet to come. of Human Rights, and this con- to consent the marriage with- moment to admit that sexual ori- viction is still today, quite an out the permission of one entation is also a non-pertinent DAVID MONTERO element of transgression. man? criteria for law. Once this is a NEWS CLIPS ties from politics, arts, society and sport was appointed. For portraits in the media, lesbian and gay couples were searched, that will benefit from the national partnership law and many letters to the editor were written to reach a good press coverage.

The upbeat nature of the cam-

paign was celebrated in NEWS CLIPS Lucerne with politicians from all the important parties, artists and so on. After this central event, the campaign was implemented locally in eight dif- ferent regions of Switzerland.

The "Ja zum Partnerschaftsgesetz" associa- tion is deeply satisfied that, fol- Swiss activists form their campaign's logo lowing the two chambers of NEWS CLIPS Swiss Parliament, the Swiss techniques of assisted repro- public has now also clearly Switzerland duction. Registered partnership endorsed this principle. The is a new marital status. association, founded in 2003, Go for YES! will be disbanded in the coming It was the first time ever, that a months. Its commitment to and whole nation had to decide on support of the rights of gays On 5 June 2005, 58% of the enough signatures (50 000 are registered partnership legislation and lesbians will in future again Swiss voters supported same- necessary) to initiate a nation- for same-sex couples. To realise be assumed by the umbrella

sex partnership legislation. wide referendum. a lively and emotional campaign organisations of LOS, Pink NEWS CLIPS in the run-up to the referendum, Cross, FELS and Network. Although the Swiss Parliament The partnership law provides the four national lesbian and gay cleared the final hurdles for the for, inter alia, a legal standing associations founded a new More information (in German, Swiss partnership law in June of the relationships of lesbian association and through a French and Italian): 2004, the Swiss public had to and gay couples, inhertance fundraising campaign over 1.5 www.partnerschaft-ja.ch hold a vote on the referendum rights, it regulates pensions millions EUR were raised to on 5 June 2005 because the issues and immigrations rights finance all the posters, advertis- SIMONE BRANDER Federal Democratic Union, a for a foreign partner. It does not ments, t-shirts and various other Lesbenorganisation Schweiz small religious conservative provide the right to adopt chil- events. A non-party support com- LOS party, succeded in gathering dren, or to make use of the mittee with over 1000 personali-

ILGA-EUROPE NEWSLETTER »P13 and relaxations in abortion law. make Spain the third country to Under the proposed bill, legalise same-sex marriages Nearly there! Spanish Civil Law would include after Belgium and the the phrase: "Matrimony shall Netherlands. have the same requisites and Mr Zapatero, before the vote, effects regardless of whether was asked how he felt the the persons involved are of the newly elected Pope Benedict same or different sex." XVI might greet the news.

NEWS CLIPS "If the new Pope wants to say Justice Minister Juan Fernando something about it, I'm pre- Lopez Aguilar argued that the pared to respect whatever he bill overcomes "the barriers of says, he can count on my discrimination, many of them respect for him," he said, with deep historical or primitive according to the Associated roots, which affect rights and Press news agency. freedoms and, in a specific "One of the guarantees of Spanish activists cheer their parliamentarians way, the extension of free democracy is the freedom of choice in the search for happi- religion, freedom of opinion Last April the bill opening up taking place on 2 July 2005, ness, an unwritten basic right". and freedom to carry out a NEWS CLIPS same-sex marriage was will be a celebration of the full political project with the citi- approved by the Lower House equality for lesbian, gays and The vote in parliament was zens' vote." of the Spanish parliament and bisexual people. passed by 183 votes, with 136 now passed to the Senate against and six abstentions. In an opinion poll on the issue (Upper House), where it is not Socialist Prime Minister Jose carried out by the government- sure to get final approval but in Luis Rodriguez Zapatero took Members of gay and lesbian run Centre for Sociological that case the bill will go back office in April 2004, intending to groups in the public gallery Investigations last June, 66% to the parliament again on 30 remove what he called the cheered and clapped when the of Spaniards favoured legalis- June where it will most certain- Church's undeniable advan- result was read out. ing same-sex marriage, while ly receive final approval. This tages and create a secular If the bill is approved by the 26% were opposed. means that the Madrid Pride, state with streamlined divorce Senate as expected, it will NEWS CLIPS

Slovenia Two steps forward, one step back

On 22 June 2005 the Law on tory of legalisation of gay and also offensive for some ipate in the process of "virtual- Registered Same-Sex lesbian unions. deputies who defended LGBT democracy". However, we see Partnership was adopted by rights. Concerned about the the new law as the first and the Slovenian National The new law is covering only intolerant political debate on fundamental step towards intro- Parliament. The law was pro- the property relations, the homosexuality in Slovenia, the ducing more equal legislation

NEWS CLIPS posed by the new conservative right/obligation to support group of 23 members of the for sexual minorities in government without consulting socially weaker partner and only European Parliament sent an Slovenia. Our mission and our LGBT NGOs. It was adopted partly the inheritance rights. It open letter to the president of goal for the future is to take all with 44 votes in favour and 3 does not bring any rights in the Slovenian Parliament the necessary steps to improve votes against (out of total 90), area of social security (social Mr.Cukjati on the very day of the existing law by all available while the deputies of Liberal and health insurance, pension the vote. democratic measures and civil Democrats and Social rights), and it does not give the dialogue. Democrats obstructed the vote. status of a next of keen to the According to lesbian section The initiative to legalise gay partners. ÐKUC-LL, the new bill, which is TATJANA GRIEF and lesbian unions in Slovenia bringing only partial rights, is started already in 1997, the The parliamentary debate on discriminatory, treating LGBT new law is the most recent the law was extremely humili- citizens as second-class citi- NEWS CLIPS attempt in the relative long his- ating for LGBT citizens and zens. We do not want to partic-

»P14 ILGA-EUROPE NEWSLETTER NEWS CLIPS two people" were come into Italian contact with the rest of town". It must be noted that Mario and authorities refuse to recognise Antonio have lived as an open- ly gay couple in Latina for more Dutch marriage. than 10 years. They have a business that is well known and involves direct interaction with the public, and days of national TV and newspaper

coverage of "the gay married NEWS CLIPS couple" is hardly 'news' for those who live in Latina. The only display of disorder came from a neo fascist political movement, Forza Nuova (New Force), which picketed the court for days, with the aim of preventing gay marriages.

The local administration lawyer NEWS CLIPS upheld in court that Antonio and Mario's marriage was "non-existent", showing little respect for their 10 years of love. Love seems to have little In 2003 Mario and Antonio, two This is a matter of exclusive was that it was "against public space in Latina, however, since Italian citizens from Latina, competence of the national leg- order" (the only exception he also upheld that marriage near Rome, married in the islation. Hence, what they do in allowed for non-transcription of was intended as "heterosexual Netherlands. Once they moved the Netherlands does not have a marriage act) and the marriage aimed at procreation". back to Italy they sought recog- any influence in Italy". Ministry of Interiors, consulted On 10 June the court ruled

nition, by the Italian authorities, on the subject, supported this against the couple and stated NEWS CLIPS of their marriage. This sparked The administration of the town interpretation. Mario and that their marriage is ‘against a heated debate on the possi- Mario and Antonio live in had Antonio filed a lawsuit and their the history, tradition and culture bility of such recognition taking refused to transcribe their case went to court last May. of the Italian society’. The cou- place. The then Minister for Dutch act of marriage in the ple will appeal trying to bring European Affairs, Rocco civil status registry (which is During the hearing in court, the Italy some steps closer to the Buttiglione, expressed his clear the usual procedure to recog- lawyer of the administration 21st century or at least push it cut view on the subject: "There nise a marriage signed under claimed that "public disorder back to Counter-Reform age. is no margin for succeeding. foreign law). The reason given would be generated if "those RICCARDO GOTTARDI

participants of ILGA-Europe's NEWS CLIPS Holocaust seminar) gathered in front of Remembering the wall where the Nazis tor- tured and killed thousands of homosexual victims the Auschwitz prisoners. Activists from Israel have pre- Last April, the Campaign Against in the panel discussion on homo- pared a beautiful and moving participants had a chance to Homophobia, in cooperation with phobia and anti-Semitism during ceremony; they recited poems see the camp - a symbol of the the Israeli Gay Youth the second "Culture for and sang songs. After the cere- most horrifying chapter in Organisation organised Auschwitz Tolerance" festival in Krakow. mony flowers, pink triangles, human history. commemorations for homosexual and, according to Jewish tradi- victims of the Nazis and took part About 100 people (including tion, stones were laid. Then the MIKE URBANIAK

ILGA-EUROPE NEWSLETTER »P15 Winning sexual orientation discrimination cases Latvia: Bulgaria:

On 29 April 2005, the Ziemelu district court of the Latvian capital Riga delivered Queer Bulgaria Foundation its judgement in the case of Maris Sants against the Riga School of Culture. won the first case for discrimi- The court declared that Sants had been treated unequally and discriminated nation based on sexual orien- NEWS CLIPS against because of his homosexuality and awarded him 2,000 Latvian Lats (ca tation versus St Kliment 3,000 EUR) in damages. This is the first case of this kind in Latvia. Ohridsky Sofia University. In its decision The Regional In August 2004 Sants had applied for the position of history of religion teacher Court of Sofia acknowledges advertised by the School of Culture. Another applicant, with less academic infringement based on Article qualifications and professional experience required for the post, was appointed. 4 of the Anti-discrimination Law against four Maris Sants sued the school claiming that, by employing another candidate meaning that direct discrimi- with less qualifications and experience, they had treated him unequally and discriminated against him nation based on their sexual because of his homosexuality. orientation was held as they

NEWS CLIPS were denied access to the The court concluded that Sants' homosexuality was the sole reason the school had not accepted his Sports Centre of the universi- candidature for the vacancy and that the school had failed to provide any objective reasons for refus- ty. The court sentenced The ing him employment. The court therefore concluded that the school had indeed treated Maris Sants Sofia University to allow unequally and discriminated against him because of his homosexuality. The court stressed that such access to them and to pay unequal treatment and discrimination on the grounds of sexual orientation was against Latvian law. 500 Leva (250 EUR) each for The court referred to the anti-discrimination articles of the Latvian Constitution and Latvian Labour damages. Law, as well as to the 2000 EU Employment Equality Directive 2000/78/EC, which explicitly required EU member states to ban sexual orientation discrimination in employment. NEWS CLIPS Austria Conservative MP sues gay activists

On 2 March 2005, Austrian OFG. For more than two in particular ("It's a disgrace for However, Tancsits has Parliament debated a motion decades Austria's oldest gay the country that even today appealed the decision, and so tabled by the Green Party to and lesbian organisation HOSI mental descendants of the the case will continue before set a deadline for finally putting Wien has been fighting for the brown Nazi myrmidons, such the appeal court in a few their March 2003 motion to recognition, in the OFG, of the as Tancsits, are sitting in the months. include homosexual victims in Nazi victims persecuted for Parliament.") Tancsits pretend- the Federal Nazi Victims their homosexuality, thus grant- ed to be offended and brought On 12 May, the

NEWS CLIPS Compensation Act ing them a legal entitlement to both civil and criminal action conservative/rightwing govern- (Opferfürsorgegesetz - OFG) compensation. Until today, this against HOSI Wien, its presi- ment announced, in a surpris- on the agenda of the group is treated as second dent Christian Högl, and its ing move, that they have tabled Parliament's social affairs com- class victims who can only get secretary-general Kurt Krickler. their own motion in Parliament mittee where it had been some charitable alms from spe- In the civil action Tancsits to amend, inter alia, the OFG parked since 2003. cial funds in cases where they applies for an injunction and to cater for those persecuted are poor and needy. the retraction of the statement, for their homosexuality. Once again, the including the publication of the conservative/extreme right In a press release, HOSI Wien retraction; the criminal action is Detailed info about the case, ÖVP/FPÖ majority defeated criticised the position of the a classical defamation/libel suit. also in English at: the motion. Christian-Democrat People's Party as "taking ideo- In the criminal court trial on 28 www.hosiwien.at/sos MP Walter Tancsits defended logical views of the Nazis" in April 2005, both HOSI Wien NEWS CLIPS his party's refusal to amend the general and Tancsits' statement activists were acquitted. KURT KRICKLER

»P16 ILGA-EUROPE NEWSLETTER NEWS CLIPS Municipal officials: Bucharest: Chisinau:, ( Bucharest Mayor Adrieau Videanu Municipal authorities of has reluctantly agreed to issue a Chisinau,, ( the capital of "Not in my back yard!" permit for the first ever Moldova, have refused to parade in the capital after Romania authorise a peaceful demon- Municipal authorities in three European capitals - Warsaw, President Traian Basescu and the stration in support of anti-dis- Bucharest and Chisinau, ( banned or hindered LGBT events. Minister of Justice held an emer- crimination legislation for sexu- gency meeting with him. al minorities. The demonstra- Warsaw: tion was planned to take place The conservative mayor of Warsaw Videanu refused to issue permits on 20 May before the has banned pride celebrations for for GayFest and Bucharest's Moldovan Parliament, within NEWS CLIPS the second year in a row. Lech police commissioner threatened, the Fourth Moldovan LGBT Kaczynski says that he is "for toler- on national Romanian radio, to Pride, organised by the ance, but am against propagating Information Centre GenderDoc-M. gay orientation," according to the Polish news agency PAP. planned a counter-demonstration. In his rejection letter the interim About 2,500 gay rights cam- city mayor Mr. Vasile Ursu Kaczynski says the celebration paigners have marched on 11 made reference to the fact that would detract from plans to June in Warsaw defying a ban Moldova "has already a law on unveil a monument the same by the city's mayor. Romanian police keeps anti-gay national minorities" and there is demonstrators at distance day to Gen Stefan Rowecki, a no point in a demonstration. leader of Poland's anti-Nazi The marchers carried rainbow use the police to "punish" During the discussion by the NEWS CLIPS underground army during World flags and banners with slogans marchers if they went ahead with municipal committee of the War II. "Organising a gay including "A gay is not a pae- the parade anyway. The Orthodox declaration to hold a demon- parade on that day is a joke," dophile" and "Law and justice Church of Romania also had stration, such reasons as Kaczynski told PAP. for all". There were isolated actively opposed the pride march. church opinion and the fact that clashes as opponents threw "in Moldova minorities are Last year, Kaczynski banned pride, eggs and shouted insults. As news of the threats spread more protected than the saying he feared clashes between About 10 people were arrested. throughout Europe a flood of e- healthy and native population" gay rights groups and opponents who mails poured into the city. were mentioned. The marchers were joined by a Videanu's email account number of politicians, including became so clogged he shut it In June, the Moldovan Court of Deputy Prime Minister Izabela down. Basescu also got a tor- Appeal has declared illegal and Jaruga-Nowacka and two rent of email and realising the void the refusal of the Chisinau, ( German MPs from the Green negative publicity being gener- municipal authorities to give per- Party, Claudia Roth and Volkar ated, at a time when he was mission for a public pride manifes- Beck. "Mayor Kaczynski, attempting to stabilise the tation. The case was brought to democracy also means free- country's economy and show the court by the Information dom of assembly and expres- Romania as a modern state, Centre GenderDoc-M. sion for gays and lesbians," Ms decided to intervene. Roth told the crowd. JL

Sweden NEWS CLIPS Passed in 2003, the legislation He warned that Sweden risked a Review of 'hate' case covers attacks against homosex- natural disaster because of its tol- Sweden's Supreme Court has prison sentence. However, in uals. Sweden's chief prosecutor erance of homosexuality. said it will review the acquittal February of this year an said that in his view, Mr Green's "Homosexuality is something of a Pentecostal pastor who appeals court threw out the comments did amount to hate sick," Mr Green said, comparing denounced homosexuality as case, saying it was not illegal speech, and so he was seeking it to paedophilia and bestiality. He "a deep cancer" in a sermon. to offer an interpretation of the a review. In a sermon, Mr Green said gays were likely to rape chil- Bible and urge others to follow told a congregation on the small dren and animals. Ake Green was convicted of it. Mr Green had been the first south-eastern island of Oland hate crimes in June 2004 and priest convicted under that homosexuals were "a deep The Supreme Court has not yet given a 30-day suspended Sweden's new hate crimes law. cancer tumour on all of society". given any date for the new trial.

ILGA-EUROPE NEWSLETTER »P17 New book tackles the question of whether judicial activism is appropriate 'Partnership Rights, Free Movement, or whether there should be judicial deference to the leg- and EU Law' by Helen Toner islative process recently com- pleted. The book concludes with a wider discussion of the proper response of Community gration rights only to spouses drawing on basic ECHR princi- law to the increasing diversity

NEWS CLIPS and yet there is a growing ples, the place of the ECHR in of Member States family laws diversity of national laws on Community law, and on basic and policies beyond the field of same-sex marriage, registered Community law principles of immigration rights. partnerships and recognition of free movement and discrimina- cohabitation. The Community tion the book argues that the The book will be of value not institutions, which have recent- right of a migrant EU Citizen to only to immigration lawyers, ly framed new legislation, seem family reunification for a cohab- but also to those interested in to view this as a question that iting partner is presumptively partnership rights generally, as can be settled by political protected and therefore justifi- well as to a wider audience of agreement with little or no out- cation for refusing to admit EU lawyers, primarily academ- side constraint. such partners must be provid- ics but also graduate students ed. It also considers the possi- and practitioners. NEWS CLIPS The book challenges this ble justifications for marriage- Helen Toner is a Lecturer in This book considers the case assumption. It outlines recent partners only immigration poli- Law at Warwick University. for modernising partnership developments in national legal cies and concludes that rights in EC family reunification systems and traces the devel- although possible, such justifi- To order this book: http://www.hart.oxi.net/bookd law. Existing Community law opment of the recent cations are far from certain to etails.asp?id=654&bnd=0 traditionally guarantees immi- Community legislation. Then, succeed. The discussion also NEWS CLIPS

Transgressing Gender Conference: Two is not enough for gender

EVENTS (e)quality furthering gender rights and freedoms, on the local level and inter- 7 - 9 October 2005 nationally. It will include academic papers, presentations, work- Zagreb, Croatia shops and performances relating to the intersection of transgender and feminist perspectives and the implications of the subversion of traditional gender norms. Keynote speakers - Judith Halberstam The goal of the conference is to initiate communication on the and Patrick Califia. Conference working language - English (some issues of feminism, gender, and transgenderism and open dia- sessions in local languages). Registration forms must be sent by 1 logue about gender oppression, violence, , and gender- September 2005. The participants will be notified as to the status EVENTS phobia while reaching out to feminists (of all genders), transpeople, of their registration by 15 September. Conference fee: 60 Euros genderqueers, people, gays, lesbians, bisexuals, straight (30 Euros for students and the unemployed). We are currently folks and others who care about gender equality. accepting proposals for papers, workshops and presentations.

This conference will be the first of its kind in Central and South More information, registration forms, call for papers, workshops, East Europe and it aims to seek out more efficient mechanisms for and presentations at: www.tgenderzagreb.com. EVENTS

»P18 ILGA-EUROPE NEWSLETTER exercise their rights has an

The Right to Be EVENTS immediate impact on the society Different, International as a whole. This results not only in individual, but also and per- Conference haps more importantly, collective 26 - 29 July 2006 social change. Montreal, Canada fabric of our community. We If we are to maximise the impact must strive to act in accor- of these changes we will need to

dance with our own principles. develop strategies and alliances EVENTS An international conference rights of LGBT communities with communities outside of the on LGBT rights coinciding often fall by the wayside when This notion of diversity will be a LGBT community, including sup- with the 1st World Outgames there are social and economic touchstone for Conference dis- portive individuals and groups Montréal 2006 will cover fol- battles to be fought. cussions. By recognising this within the heterosexual majority. lowing areas: Government policies on immi- diversity, we can develop In this context, the education of gration, asylum and freedom of greater awareness and under- younger generations becomes of Essential rights movement are just a few exam- standing of our differences, and critical importance, and the bat- Through the sharing of personal ples among many of how com- draw energy and inspiration tle against homophobia is one of experiences and through factual mon can translate from them. many key concerns. EVENTS and legal discussions, the into the systematic rejection of Conference will explore the many LGBT individuals. Participation in Society In some parts of the world, facets of these "essential rights": LGBT individuals are present and oppression is a fact of daily life for * the right to protection against Our rights must be supported active in all areas of life: sport, LGBT individuals. What can we state and private violence, and defended within all interna- education, media, the workplace, do collectively to find solutions to * freedom of expression, tional organisations, especially family, religion, culture, politics eradicate this oppression? assembly and association, the United Nations. and lawmaking, law enforcement freedom to engage in same- and judging, and so on. In all Organising Committee * EVENTS sex sexual activity. The Diverse LGBT these aspects of their daily lives, 4141 avenue Pierre-De Community LGBT individuals face discrimina- Coubertin Global issues The diversity of our community tion. Many changes are needed Montréal, Québec H1V 3N7 The opening of global markets is one of its greatest qualities. to permit them to participate Canada often erodes existing social and We cannot allow discrimination equally in society. Telephone : 00 1 514 252 5858 economic rights in many coun- within our own ranks, or any Fax : 00 1 514 252 5850 tries around the world, and it is other barriers to equality, to Creating Social Change [email protected] common knowledge that the jeopardise the rich and varied The ability of citizens to freely www.montreal2006.org FUN STUFF

Happy birthday, Eurovision! ABBA - most famous Eurovision's winners

ILGA-Europe could not miss the opportunity to congratulate one We laugh about the bizarre performances, outfits and dance FUN STUFF of the oldest European 'institutions' with its half a century's routines, reluctant to admit we watch the contest, but let's anniversary. For fifty years Eurovision attracted millions of viewers face it, has any European election or referendum ever and provided the campest and most colourful entertainment at attracted such great interest and high number of votes by European level. LGBT people became one of the most devoted 'European citizens' and, most importantly, united us in laugh- groups of fans - Eurovision tunes topped gay discos' charts and ter and celebration? each year on that Saturday in late May many LGBT clubs host special Eurovision parties across Europe. JL

ILGA-EUROPE NEWSLETTER »P19 United in Diversity

27th ILGA European Conference 26 - 30 October

2005

FIAP

Paris, France www.ilga-europe.org www.ilgaeuropeparis2005.org © Paris Tourist Office, www.fiap.asso.fr photographer Stéphane Querbes