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Switzerland: Prohibition on Sexual Orientation Discrimination Will Apply Starting July 1

(Apr. 30, 2020) In its session of April 3, 2020, the Swiss Federal Council, the country’s government, decided that a prohibition on discrimination due to sexual orientation will enter into force on July 1, 2020. The necessary amendments to the Criminal Code and the Military Criminal Code had been adopted by the Swiss Parliament on December 14, […]

Israel: Exclusion of Single Men and Same-Sex Male Spouses with Genetic Affinity for the Newborn from Surrogacy Agreements Held Unconstitutional

(Mar. 24, 2020) On February 27, 2020, Israel’s Supreme Court, with an extended bench of five justices, unanimously ruled that same-sex couples and single men with genetic affinity for the newborn should have access to surrogacy agreements in Israel. (HC 781/15 Arad-Pinkas v. Committee for Approval of Surrogacy Agreements, State of Israel: Judicial Authority (all […]

Brazil: City of São Paulo Enacts Law Punishing Discrimination Based on Sexual Orientation and Gender Identity

(Feb. 26, 2020) On January 24, 2020, the mayor of the city of São Paulo enacted Law No. 17,301 (Lei No. 17.301 de 24 de Janeiro de 2020), which provides for administrative sanctions to be applied to discriminatory practices that are based on sexual orientation and gender identity. Under the new Law, any form of […]

France: Bill Proposed to Extend “Medically-Assisted Procreation” to Lesbian Couples and Single Women

(Sept. 6, 2019) On July 24, 2019, the French prime minister and the minister of Health and Solidarity submitted a bill on bioethics to the National Assembly, one of the two chambers of the French parliament. While this bill touches on a number of different subjects, the most notable and controversial aspect is that it […]

Switzerland: Consultation Process on Marriage Equality Proposal Concludes

(Aug. 26, 2019) On June 21, 2019, the Federal Assembly—the Swiss parliament—concluded the consultation process on the parliamentary “Marriage for All” initiative, through which interested parties, in accordance with the Federal Act on the Consultation Procedure and the Decree on the Consultation Procedure, were able to voice their opinion on the Draft Revision of the […]

Ecuador: Constitutional Court Upholds Same-Sex Marriage

(July 25, 2019) On June 12, 2019, Ecuador’s Constitutional Court (CC) upheld the right to same-sex marriage in the country, ruling in favor of two gay couples who had sued after their request to be married was denied by the country’s civil registry. (Corte Constitucional Aprueba Matrimonio Civil Igualitario en Ecuador, EL COMERCIO (June 12, […]

Taiwan: Same-Sex Marriage Law Enters into Effect

(June 18, 2019) On May 17, 2019, Taiwan’s Legislative Yuan approved the Enforcement Act of Judicial Yuan Interpretation No. 748, a special law legalizing same-sex marriage in Taiwan. Taking effect on May 24, 2019, the Act is the first law passed in Asia to allow same-sex marriage. (Sifayuan Shizi Di 748 Hao Jieshi Shixing Fa […]

Japan: Law Requiring Surgery for Legal Change of Gender Ruled Constitutional

(Apr. 12, 2019) On January 23, 2019, Japan’s Supreme Court held that a law requiring that transgender people undergo gender-change surgery in order to have their gender changed on official documents is constitutional. (Supreme Court, 2018(ku) No. 269 (Jan. 23, 2019) (click on the two characters beside the PDF icon), Supreme Court of Japan website […]

Austria: Constitutional Court Holds That Civil Code Provision May Not Be Interpreted to Restrict Same-Sex Couples’ Power to Adopt After Separation

(Nov. 27, 2018) On October 3, 2018, the Austrian Constitutional Court (Verfassungsgerichtshof Österreich, VfGH) held that after a same-sex couple separates, one former partner must remain able to adopt the other’s biological child. The Court stated that section 197, paragraph 3 of the Civil Code must be interpreted in conformity with the Constitution so that […]

Germany: Federal Court of Justice Rules Same-Sex Marriage Does Not Make Wife of Child’s Mother Co-parent by Law

(Nov. 9, 2018) On October 10, 2018, the German Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s supreme court for civil and criminal cases, held that being in a same-sex marriage does not automatically make the wife of the mother of a child co-parent by law. The Court stated that there is no legal presumption for […]