The Austrian Supreme Court has ruled that existing laws making provision for civil partnerships and civil marriages violate non-discrimination rules. As a consequence same-sex couples have been permitted to get married and heterosexual couples have been allowed to enter into civil partnerships. The court case was brought by a lesbian couple who had been prohibited from entering into a same-sex marriage, however the Supreme Court ruled that the distinction between civil unions and marriages couldn’t be legally upheld. According to Reuters, the court said in its ruling “people living in same-sex partnerships have to disclose their sexual orientation even in situations, in which it is not relevant”. The ruling will allow for same-sex marriages to take place from 2019.
Australia will become the latest country to legalise same-sex marriage after the country voted overwhelmingly in a non-binding postal vote to back the move. The turnout was a remarkable 79.5% and found that, of these around 12.7 million people, 61.6% backed equal marriage and only 38.4% voting against. Although the plebiscite won’t change the law in and of itself, Prime Minister Malcolm Turnbull has said that he wants to change the law by Christmas but as others have pointed out Turnbull has previously been less clear on the timeline for legalisation. Although there should be time for celebrating a big step forward, we must not take our eyes off the ball as full equality is still a long way off.
The global fight from LGBT rights has largely moved away from the Western hemisphere and is now developing countries are increasingly the battleground of equality. One such area is the African continent, where only one nation-state, South Africa, has legalised same-sex marriage. Additionally, in parts of Africa homosexual acts can be punished by execution or mob violence can spontaneously erupt against LGBT individuals. When African countries make headlines in this area we often see reports of religious fundamentalists talking about how it is unnatural to be LGBT or inciting violence against sexual minorities. However in the last week we have something encouraging from Botswana.
Tunisia is the birthplace of the Arab Spring and has so far been the only affected country not to crush those demanding change, reverted back to authoritarian government, or become a failed state. The values of human rights, equality before the law and democratic elections were the promise of the Arab Spring and whilst human rights and democratic elections have been enshrined in the country’s new constitution, equal treatment for different groups of people has been harder to come by. However this appears to be changing for the better.
One of the issues currently dominating the political discourse of Australia is whether or not the country should legalise same-sex marriage. The actual substance behind this discussion is not the question in most people’s minds, as poll after poll has shown a healthy majority of Australians in support of marriage equality. Indeed, in recent weeks the case has become even more overwhelming as, although opponents of equality often cite their sincerely held religious beliefs, a poll by Galaxy Research found that a majority of Christians in Australia supported equal marriage. Rather than policy substance, the debate has shifted to how equality is introduced. Prime Minister Malcolm Turnbull has said that there will be a non-binding postal vote plebiscite on the issue and some have since argued that such a vote should be boycotted. I would strongly recommend not to do that.
Nigeria is a significant power in West Africa and what happens in the country is noted by people in other parts of the region, especially when it comes to Nigerian culture. But an area where Nigeria is similar to other parts of Africa is in its society’s anti-LGBT attitudes. Christian and Islamic conservatism in Nigeria has largely been peddled because of fundamentalists traveling to the country to reinforce existing anti-LGBT views with theological justifications. In Nigeria it is socially acceptable to persecute LGBT people and this is illustrated by the news coming out of Lagos state this week when 42 men were arrested for having homosexual sex.
Described by some as the Mediterranean’s ‘liberal paradox’, the small island state of Malta has embraced LGBT rights at some one the fastest paces in the world despite its majority Catholic population. Same-sex cohabitation were first regulated in 2012 and civil unions were legalised in 2014. The Civil Unions Act of 2014 guaranteed that gay couples had all the same rights as married heterosexual couples including the right to jointly adopt children, a freedom that in many states where same-sex marriage was legalised earlier took many more years to achieve. Malta has now gone one step further and legalised same-sex marriage, only three years after civil unions were first introduced.