Legal recognition: A patchwork of progress
Many countries have implemented, and continue to implement, measures against homophobia and in favor of same-sex couple rights. For instance, Argentina, Australia, the United States, Mexico, Canada, South Africa, Taiwan, and several European nations recognize same-sex marriage.
This recognition can lead to full legalization, as seen in France, the Netherlands, Denmark, Canada, and Iceland. However, other countries, like Italy, Hungary, and Greece, only accept civil unions, which provide fewer rights than marriage. In some nations, there's no recognition at all. Japan, for example, has taken a step back, offering only a "partnership certificate for same-sex couples" instead of marriage. As a start, this certificate, issued by some local authorities, doesn't grant the same rights as marriage, particularly regarding inheritance.
Legal protections: A political football
The rollback of abortion rights in the United States has emboldened conservative rhetoric. Even before the federal abortion ban, Republicans enacted anti-LGBTQI+ legislation. By spring 2022, over 200 such bills were on the ballot. Only 21 states (including D.C.) have passed anti-discrimination laws protecting LGBTQI+ people, according to Freedom for All Americans. As of 2022, a concerning 27 states still lack any laws protecting LGBTQI+ individuals.
Marriage equality, unequal rights
Recognition of same-sex marriage doesn't automatically translate to equal rights for same-sex and heterosexual couples. Adoption is a crucial example. Some countries deny this right to married same-sex couples while allowing it for heterosexual couples.
Italy, for instance, allows same-sex marriage but prohibits adoption and medically assisted procreation (MAP) for these couples. The current far-right government actively pushes to preserve the "traditional family." Since taking office, they have been known for homophobic rhetoric and even passed an "anti-gay law" criminalizing surrogacy.
Other countries, like Nepal, recognize LGBTQI+ rights as fundamental, yet don't authorize civil unions or marriage.
Persistent violations and a glimmer of hope
Shockingly, homosexuality remains a crime in 69 out of 193 countries. The situation, however, is nuanced. While illegal in some places, it may not be actively enforced. Conversely, some countries don't legally punish homosexuality, but LGBTQI+ individuals face significant discrimination. This is the case in Ivory Coast, where homosexuality isn't officially prohibited, but same-sex couples are victims of homophobic attacks.
Even in countries with marriage equality and anti-homophobia initiatives, progress can be fragile. France, for example, witnessed a drastic increase (28% compared to 2021) in physical attacks on homosexuals in 2022, according to SOS Homophobie.
India decriminalized homosexuality in 2019, yet same-sex unions remain illegal. Vietnam allows same-sex marriage ceremonies, but they have no legal weight. However, a recent Hong Kong High Court ruling offers hope. The court deemed the lack of a legal framework for same-sex couples a violation of constitutional law and a potential first step towards legalization.
Navigating a complicated world for LGBTQI+ expats
Relocating to a country considered "unsafe" for homosexuals can be challenging. How do you defend your rights in a nation with weak law enforcement? Should you be open about your sexual orientation at work? LGBTQI+ organizations emphasize that disclosing your sexual orientation is never mandatory. It's a personal matter that shouldn't be discussed during job interviews or in the workplace. Many countries have laws against employer discrimination, but enforcement can be inconsistent. Striking a balance between visibility and self-preservation is crucial.
Another concern arises for transgender individuals transitioning and whose identity documents don't reflect their current status. LGBTQI+ organizations advocate for increased protection for LGBTQI+ expats, starting with the visa application process and continuing throughout their time abroad.
Change is happening, though slowly and unevenly, across nations. Notably, a gap exists between the views of some governments and their citizens. Japan, for example, has a population largely supportive of equal rights for same-sex couples. The challenge lies in translating this support into concrete legislation and government action.
