2023 has been an incredibly difficult year, but as we've written before, there are bright spots that are worth recognizing. As we push for safety, recognition, and support for our community in 2024, we can use this year's victories to guide us. We'd love to hear your highlights for the year too!
Same-Sex Marriage Rights
While marriage equality is not the be-all and end-all of LGBTQIA+ rights, its importance to our community—and its historic significance—cannot and should not be disregarded. Around the world, countries continue to recognize the importance of legalizing same-sex marriage and this year saw several new laws.
1. While Estonia has recognized same-sex registered partnerships since 2016, it wasn’t until this year that Estonia's parliament passed a law legalizing same-sex marriage. The law was introduced and signed earlier this year and will go into effect on in January.
You can find some of the LGBTQIA+ organizations in Estonia here.
2. Andorra’s journey to legalizing same-sex marriage began in 2005 with the establishment of stable unions, civil unions in 2014, and finally same-sex marriage which came into effect in February.
3. Nepal legalized same-sex marriage in November, and that same month registered the first same-sex marriage in Nepal. The union had taken place several years ago but was not recognized. The couple, a trans woman whose gender is not legally recognized and her cisgender husband, highlight the complexities around how many parts of our community are affected by the legal status of same-sex marriage.
You can find some of the LGBTQIA+ organizations in Nepal here.
4. A law legalizing same-sex marriage came into force in Slovenia in January after a lengthy fight that included vetoes and rejections. It is the first country of the former Yugoslavia to do so.
You can find some of the LGBTQIA+ organizations in Slovenia here.
5. While they have not made the move to legalize same-sex marriage, a court ruling legalizing recognition of same-sex couples and same-sex marriage came into force in Curaçao this year thanks to continued advocacy from LGBTQIA+ Curaçaoans. While we hope to see the move to legalization in the coming years, it’s important to recognize the slow progress made by activists.
You can learn about Igualdat Kòrsou here.
6. Spain passed a law allowing gender self-identification.
The Ley Trans is a law passed in Spain that permits gender self-identification. Though the original proposal would allow people to change their legal gender to male, female, or nonbinary, the law as it passed only allows people to change their legal gender to male or female, as other genders are not legally recognized in Spain yet. The Ley Trans makes it easier for trans people who are 16 years old or older to change their legal gender. They don't need counseling, they just have to sign a declaration. For trans people who are 14 to 16 years old, they can change their legal gender with their parents' permission. And for trans people who are 12 to 14 years old, they can change their legal gender with the approval of a judge. The law also makes it illegal to try to change someone's gender or sexuality through conversion therapy.
You can find some of the many LGBTQIA+ organizations in Spain here.
7. South Korea ruled that the national health insurance service must cover same-sex couples.
In what is also the first legal recognition of same-sex couples, the South Korean High Court overturned a lower court’s ruling that denied health care benefits to same-sex couples. Common law marriages — that is, committed relationships between two people who are not married — allow for certain rights including health care coverage for spouses. Though same-sex marriage is not legal in South Korea, queer people can be in common law marriages. In 2021 however, the Lower Court ruled that common law marriages didn’t count between same-sex couples. This ruling was overturned by the High Court in 2023, recognizing same-sex couples for the first time and ensuring their rights to spousal benefits.
You can find some of the LGBTQIA+ organizations in South Korea here.
8. Kenya ruled to allow LGBT+ advocacy groups to register.
In February, the Supreme Court of Kenya ruled that the National Gay and Lesbian Human Rights Commission could register as a non-governmental organization. The court upheld this ruling in the fall when it was challenged, saying that the right to freedom of expression and freedom of assembly extend to groups like NGLHRC. Despite the backlash that has come since the ruling and the continued criminalization of homosexuality in Kenya, LGBTQIA+ Kenyans continue to fight for their community.
You can find some of the LGBTQIA+ organizations in Kenya here.
9. The Cook Islands decriminalized homosexuality.
In April, The Parliament of the Cook Islands passed a bill which decriminalizes consensual same-sex adult relationships. The bill, called the Crimes (Sexual Offences) Amendment Bill was introduced in 2017 but remained in debate. Though it has taken many years for the bill to make it to this point, it finally went into effect on June 1.
You can find some of the LGBTQIA+ organizations in the Cook Islands here.
10. Taiwan granted full adoption rights to same-sex couples.
Taiwan's Legislative Yuan passed an amendment that allows same-sex married couples to adopt children they are not biologically related to, a right that had been guaranteed to non-same-sex couples. Same sex marriage has been legal in Taiwan since 2019, and those rights were expanded earlier this year, but it wasn’t until May that adoption rights for same-sex couples were updated. Couples were able to adopt children related to one of the partners, but could not jointly adopt children that weren’t biologically one of theirs.
You can support The Taiwan Alliance for LGBTQ+ Rights here.
11. Latvia established same-sex civil unions.
The Saeima voted in favor of allowing same-sex couples to enter civil unions. The unions do allow for legal recognition and limited rights, they do not allow for all of the same rights as marriage. Some rights, parental leave, are established for LGBTQIA+ people outside of this ruling. This law will allow couples to officially register their partnerships, and is expected to be implemented next year.
You can find some of the LGBTQIA+ organizations in Latvia here.
12. Liechtenstein granted full adoption rights to same-sex couples.
This year, a law granting same-sex couples in civil unions came into effect after a year of consultation periods, proposals, and votes. Previously, Liechtenstein had allowed same-sex couples to adopt stepchildren — that is, the biological child of one of the spouses — but not joint adoption. A public consultation period was also held this year on a proposed bill to legalize same-sex marriage.
You can support FLay here.
13. Dane County in the United States became the first sanctuary for transgender Americans.
In June, the Dane County Board of Supervisors passed a resolution to become a sanctuary for transgender people, including nonbinary people, in the US. The resolution says that if the state of Wisconsin were to put in place any laws the criminalize seeking or providing gender-affirming care, the Dane County Sheriff’s Office would not pursue it. Despite some backlash, the resolution also came with a lot of support from the local trans community and LGBTQIA+ organizations in the area.
You can support OutReach LGBTQ+ Community Center in Dane County, Madison, WI here.
14. Bulgaria strengthened protections against discrimination on the basis of sexuality.
This year the National Assembly adopted a Law on Amendments and Supplements to the Criminal Code, a law aiming to address and combat crimes committed on the basis of sexual orientation. It includes more severe penalties for offenses targeting people based on their sexuality, including murder, assault, mob violence, and others. The new legislation is designed to safeguard the rights LGBTQIA+ people and hopefully deter future acts. This important step is due to the continued work on LGBTQIA+ activists in Bulgaria.
You can support Deystvie here.
15. Brazil added LGBTQIA+ people as a protected group under current hate crime laws.
While hate speech against LGBTQIA+ people as a group has been illegal in Brazil for some time, Brazil’s Supreme Federal Court ruled this year that those protections extend toward LGBTQIA+ individuals as well. This means that the current protections under federal hate crime laws apply to targeted attacks, not just broader hate speech. The new ruling puts homophobic hate speech on legal par with other types of hate speech in Brazil such as racist hate speech.
You can find some of the many LGBTQIA+ organizations in Brazil here.
16. Hong Kong ruled that the government must recognize same-sex partnerships.
The case “Sham Tsz Kit v Secretary for Justice” is an incredibly important decision made by the Hong Kong Court of Final Appeal this year. Jimmy Sham Tsz-kit is a democracy & LGBT+ activist and permanent resident of Hong Kong. Because same-sex marriage is not legal in Hong Kong, he married his partner in New York and brought the issue to court. He held that not allowing or recognizing same-sex marriages was a violation of his rights. When the case was dismissed, he appealed. The ruling recognized that same-sex couples have the right to form registered partnerships based on the right to privacy outlined in Article 14 of the Bill of Rights. It also says that the framework must include equal rights and obligations as marriage, but it also clearly states that same-sex couples do not have the right to marry. Overall, the ruling is an important step forward. While it does not establish same-sex partnerships, it does obligate the government to establish some kind of legal same-sex partnerships, whether that is civil unions, same-sex marriage, or something else entirely.
You can support Rainbow of Hong Kong here.
17. Mauritius ruled that the criminalization of gay sex is unconstitutional.
This year, the Supreme Court of Mauritius ruled that Section 250 of the country's criminal code, which criminalized “sodomy,” was unconstitutional. Mauritius already had laws on the books that prohibit discrimination on the basis of sexuality, but this case held that the criminal code made it illegal to express one’s homosexuality specifically. The court found that the criminal code discriminated against gay men on the basis of sex, and because that was already illegal in Mauritius, the criminal code was ruled unconstitutional. The discriminatory law, like many laws that still criminalize homosexuality, ties back to colonialism. The ruling states, “Section 250 was not introduced in Mauritius to reflect any indigenous Mauritian values but was inherited as part of our colonial history from Britain.”
You can find some of the LGBTQIA+ organizations in Mauritius here.
18. Iceland banned conversion therapy.
Iceland’s Althing passed legislation that bans the practice of conversion therapy. The new rule passed with the majority and has received widespread support throughout Iceland. It bans conversion therapy on the basis of sexual orientation, gender identity, and gender expression. The law punishes those who administer conversion therapy and those who force people to undergo it, with an even longer sentence for those administering or forcing children to undergo conversion therapy.
You can find some of the LGBTQIA+ organizations in Iceland here.
19. Cyprus banned conversion therapy.
On 25 May 2023, the Parliament of Cyprus approved a legislation that criminalizes conversion therapy practices aimed at LGBTQIA+ individuals. As a result, Cyprus joins a select group of only eleven nations that have restricted conversion therapy by all individuals, and one of only 26 countries to ban the practice nationwide in any kind of way.
You can find some of the LGBTQIA+ organizations in Cyprus here.
20. The US changed homophobic blood donor deferral periods.
The United States Food and Drug Administration (FDA) issues guidance that eliminated the previous blood donor deferral period for gay, bi, and other men who have sex with men as well as women who have sex with any of these men. This comes after decades of advocacy from LGBTQIA+ groups and people working in blood donation. We have known for a long time that this rule was based on discriminatory beliefs rather than science.
You can find some of the LGBTQIA+ organizations in the United States of America here.
21. Namibia recognized same-sex marriages that occur abroad.
In a ruling from Namibia’s Supreme Court, it was decided the Namibian government has an obligation to recognize same-sex couples who are married outside of Namibia. These couples are entitled to residency rights. However, the ruling is clear that it does not change the legal status of same-sex relations. This ruling comes as a result of two cases of same-sex couples were married outside of Namibia: Digashu v Government of the Republic of Namibia and Seiler-Lilles v Government of the Republic of Namibia. The ruling has been celebrated, even if there is still work to do, by the LGBTQIA+ community in Namibia and comes after tireless work from Matsobane Daniel Digashu, his husband Johann Potgieter, Anette Seiler-Liles, her Anita Seiler-Lilles, and various civil rights groups.
You can find some of the LGBTQIA+ organizations in Namibia here.
22. Bolivia recognized civil unions.
After a lengthy legal battle, the Constitutional Court of Bolivia ruled in favor of same-sex civil unions. Starting in 2018, David Aruquipa Pérez and Guido Montaño Durán have fought to have their civil union recognized. In 2020, a resolution was issued that allowed the couple to register their union. However, other LGBT+ couples were denied the ability to do so, which many argued went against the resolution. In 2022, the Constitutional Court ordered the Civil Registry Service to register all civil unions and directed the Legislative Assembly to pass legislation recognizing same-sex unions. The ruling finally went into effect this year.
You can find some of the LGBTQIA+ organizations in Bolivia here.
23. Finland removed sterilization as a requirement for trans people to change their legal gender.
While gender-affirming care and the ability to change one's name have been available in Finland for many years, there has not been consistency in the rules and regulations, making it very easy for trans Finns to be denied their rights. When the rules were formalized, they required trans people to be sterilized to change their gender. This year, after a campaign from Trans ry, the Finnish Parliament voted to amend the rule, allowing trans adult to change their gender marker without requiring sterilization. While Finland does not currently recognize genders outside of male and female, the rule is compatible if they were to add additional gender options.
You can support Trans ry here.
What was your happiest moment this year? We hope next year is filled with growth, safety, and support for our community, including you!