Ugandan court rules for gays in outing case
Uganda's Kampala High Court ruled Jan. 3 that media outlets cannot out gays or urge that they be hanged.
The case stemmed from an October 2010 article in Uganda's Rolling Stone newspaper (no relation to the American publication of the same name) that published photos of 100 alleged homosexuals and suggested that gays could be hanged to discourage alleged recruitment of children.
The newspaper wrote: "The mighty Rolling Stone is glad to reveal some of the most horrible secrets in gay community, which is bent on recruiting at least one million members by 2012. Dishearteningly, gays are after young kids, who are easily brainwashed towards bisexual orientation. ... The leaked pictures of Uganda's top homosexuals and lesbians have renewed calls for the strengthening of the war against the rampage that threatens the future of our generation by hanging gays. 'Unless government takes a bold step by hanging dozens of homosexuals, the vice will continue eating up the moral fibre and culture of our great nation,' ... said a radical church leader who preferred anonymity."
Three people who were named sued the newspaper.
The High Court determined that the three suffered violations of their constitutional rights to life (Article 24) and to privacy of the person and the home (Article 27).
"(P)ublishing the identities of the applicants and exposing their homes coupled with the explicit call to hang them because 'they are after our kids,' the respondents extracted the applicants from the other members of the community who are regarded as worthy, in equal measure, of human dignity and who ought to be treated as worthy of dignity and respect," the court said. "Clearly the call to hang gays in dozens tends to tremendously threaten their right to human dignity. ... (T)he exposure, of the identities of the persons and homes of the applicants for the purposes of fighting gayism and the activities of gays, as can easily be seen from the general outlook of the impugned publication, threaten the rights of the applicants to privacy of the person and their homes."
The court issued an injunction prohibiting publication of the identities and addresses of homosexuals and awarded each plaintiff 1.5 million shillings ($643) in damages, and payment of their court costs.
The Civil Society Coalition on Human Rights and Constitutional Law in Uganda "applaud(ed)" the decision "as a landmark in the struggle for the protection of human dignity and the right to privacy."
The group said the newspaper's behavior was no doubt influenced by the "climate of fear" created by the pending "Anti-Homosexuality Bill 2009" in Uganda's parliament.
The legislation would imprison for life anyone convicted of "the offense of homosexuality," punish "aggravated homosexuality" (repeat offenses, or having gay sex while being HIV-positive) with the death penalty, forbid "promotion of homosexuality" and incarcerate gay-rights defenders, and jail individuals in positions of authority for up to three years if they fail to report within 24 hours the existence of all LGBT people or sympathizers known to them.
"It is really time for the government to explicitly reassure all people in Uganda, wherever they come from, that they intend to protect people against threats and violence regardless of their real or alleged sexual orientation," said Chris Dolan, director of the Refugee Law Project at Makerere University, which is part of the coalition. "This important ruling goes at least some way in the right direction."
Gay newspaper boxes bashed
Someone attacked 14 downtown newspaper boxes belonging to the Vancouver gay publication Xtra between Dec. 25 and 29.
The boxes' front windows were dismantled and the papers were stolen.
"The energy that's required, the persistence to rip out a part that is very deliberately anchored in, suggests that this person has some significant issues," said newspaper spokesman Gareth Kirkby. "Somebody walking the streets out there has a real hate-on for the gay and lesbian community. ... We need to get this person help as fast as possible."
Police said the incidents appeared to be "targeted" on the gay community. Kirkby estimated the damage at $3,000.
Gay sports figure, others honored by queen
Aslie Pitter, a founder of Britain's first gay soccer team, Stonewall FC, was named a Member of the Order of the British Empire in Queen Elizabeth II's New Year Honours, for his voluntary service.
Toni Montinaro received an MBE "for services to Lesbian, Gay, Bisexual and Transgender People in Derbyshire."
Veteran lesbian activist Lisa Power was awarded an MBE "for services to sexual health and to the Lesbian, Gay, Bisexual and Transgender community."
And social worker Barbara Ross received an MBE "for services to Gender Dysphoria."
Married Mexican gay couples granted spousal health coverage
A Mexico City lesbian, married under the city's same-sex marriage law, has won the right to insure her wife in the national health-care system.
In 2010, a judge had ordered that Lol Kin Castañeda could register Judith Vázquez as her wife with the Mexican Institute of Social Security, the national health-care system.
The Secretariat of Labor and Social Security appealed the order several weeks ago, then reversed course this month and dropped the appeal.
The agency said its final determination in the matter also applies to other same-sex couples married in Mexico City, the only place in the nation where same-sex marriage has been legalized.
Gay couples married in Mexico City also are supposed to be recognized as married by all of Mexico's 31 states, in accord with a 2010 federal Supreme Court ruling, though the decision remains untested in most locations.
Assistance: Bill Kelley
