GAY MARRIAGE: THE CATHOLIC CHURCH AND THE FRENCH REPUBLIC

This post is aimed at comparing two different opinions about homosexual marriage, the first one emerging from an inter-religious conversation between Jorge Mario Bergoglio  then-archbishop of Buenos Aires (now pope Francis), and rabbi Skorka, and also from an interview with Monsignor Juan Vicente Còrdoba, secretary of the Columbian episcopal conference, and the other coming from the legislative solutions definitively adopted, on April 23, 2013, by the French National Assembly.

The comments in square brackets used inside quotations are by the author of this post.

Bergoglio and Homosexuality

On March 13, 2013, the day of the election of Pope Bergoglio, GayProject published a letter addressed by Cardinal Bergoglio to the Buenos Aires Carmelite nuns in 2010, when the same-sex marriage law was going to be approved in Argentina. https://gayproject2.wordpress.com/2013/03/14/pope-bergoglio-and-homosexuals/ .

In 2010 a book by Jorge Mario Bergoglio and Abraham Skorka, titled “Sobre el cielo y la tierra” was published by Editorial Sudamericana, Buenos Aires.

This book is a compilation of the conversations between the then-archbishop of Buenos Aires, Jorge Mario Bergoglio, now Pope Francis and Abraham Skorka, rabbi and rector of the Latin-American Rabbinic Seminary in Buenos Aires. The inter-religious conversations are about different topics, such as God, fundamentalism, atheists, death, holocaust, homosexuality and capitalism and took place alternatively in the bishop seat and in the Jewish community Benei Tivka.

In the sixteenth chapter, “Sobre el cielo y la tierra” deals with “marriage between people of the same sex”. So rabbi Skorka opens the conversation: “In my opinion, same-sex marriage has been considered in a very partial manner, compared to the depth that the topic deserves. Cohabiting same-sex couples are matter of fact and are entitled to legal solutions to problems such as pensions, inheritance etc.. (which may be part of a new juridical figure), but equating homosexual couples to heterosexual ones is something totally different. It’s not just a belief question, but we must be aware that this problem concerns one of the most delicate elements our culture is based on.”

Bergoglio replies: “Religion, being at the service of the people, in entitled to express its opinion. And if somebody asks me for advice, I have the right to give it to him. Sometimes the religious minister calls attention to certain points of the private or public life because he is the mentor of the faithful.” Up to this point we can find the usual reaffirmation of the duties and  obviously also of  the consequential rights that religions are entitled to claim, nevertheless Bergoglio introduces a new element pointing out what “is not for religious minister, as he doesn’t have the right to interfere with anybody’s private life, and that’s for sure. If, during the Creation, God faced the risk of making us free, who am I to interfere? We condemn the redundancy of spiritual influence, which occurs when a minister imposes the guideline, the behaviour to follow, depriving people of freedom”. These statements, however, are not intended for possible approval of choices different from those suggested (not imposed) by the church because Bergoglio is quick to point out that “God let us free even to commit a sin. Talking clearly about values, limits, commandments is something absolutely necessary, of course, but spiritual or pastoral interference is not allowed”.

Skorka reminds that in Judaism there are some currents in which prescriptive approaches prevail, but he underlines that in Jewish Law there’s no place for homosexuality, and he adds: “On the other hand, I respect any individual who maintains a reserved and intimate approach to the theme”, then he refers to the Argentinian law of 2010 about civil marriage between same-sex people and access to adoptions by same-sex couples; he reminds the worth that scientists like Freud or Lévi-Strauss attribute to the prohibition of incestuous relationships and to sexual ethic, and he admits to be worried about the consequences for society that laws like that approved in Argentina in 2010 can produce.

Bergoglio considers the Argentinian law approved in 2010 as an “anthropological regression”, since it weakens “an institution millennia old, created in accordance with nature and anthropology”; this way the rejection of homosexual unions considered as equivalent to marriage loses the quality of religious precept, in the name of which church is not allowed to deprive anybody of his freedom, and  assumes the meaning of safeguard of the natural law in opposition to anything unnatural, and also of safeguard of a principle of anthropology, which affirms that heterosexuality is an intrinsic characteristic of the man as such.

Bergoglio then states something apparently open-minded: “Fifty years ago, co-living before marriage was not as common as nowadays. It was something degrading. Then things changed. Today, co-living before marriage, although it’s not right from a religious point of view, does not have any more the extremely negative social weight it had fifty years ago. It’s a sociological fact that clearly is not comparable to the completeness and  greatness of marriage, an institution millennia old that has to be defended. […] We too consider very important what you have just highlighted, that is the base of the Natural Law mentioned by the Bible: the union between a man and a woman”. Shorly, Bergoglio underlines that Bible recognizes the “real” Nature Law, which is identified, in sexual matter, as heterosexuality.

Bergoglio continues: “homosexuality has always existed. The island of Lesbos, for example, was well known for having homosexual women. But it had never happened in history that somebody tried to give it the same status as marriage. It was tolerated or not tolerated, it was appreciated or not appreciated, but never considered equal.” Bergoglio doesn’t even conceive that homosexuality can be considered equated with heterosexuality, because he said it doesn’t embody the Natural Law (strange concept of nature!).

Bergoglio continues with a statement: “We know that during some epochal evolutions the phenomenon of homosexuality sensibly increased”. Actually, in those periods of changing the repressive power of some institutions like Catholic Church weakened, that’s why homosexuality became more visible.

Bergoglio adds: “But in our age, it is the first time we face the problem of assimilating it to marriage, and I consider this as a bad value and an anthropological regression”.

Immediately after, Bergoglio presents the most convincing argument, according to him,: “A private union doesn’t hurt anybody nor the society. Instead, if this union is considered under the category of marriage and the right of adoption is allowed, there is the risk of damaging children. Each individual needs a male father and a female mother who help him shaping his own identity”. The idea of homo-parenthood as something dangerous is taken for granted, though many serious studies about the issue have demonstrated that those are only prejudices.

Bergoglio adds: “I insist: our opinion on marriage of same-sex people does not have a religious basis but anthropological”, and for this reason the limitation of the sphere of the individual freedom would be justified as well as the non-equalization of homosexuals with heterosexuals.

Bergoglio reminds that, for the first time after 18 years of being bishop, he had to draw the attention of a public officer when the major of Buenos Aires, Mauricio Macri, refused to appeal against a first grade judgement that had authorized a homosexual marriage. But Bergoglio points out, twice, that he never talked about homosexuals or used derogatory terms against homosexuals and remarks that he confined himself to the legal issue.

Skorka then widens the subject on the natural law and he reminds that “in the discussion before the approval of the law, somebody invoked the “natural law” thanks to which Nature has in itself the rule leading the human behaviour. So, God himself infused this rule in the Creation. Now, a homosexual may rightly object it was God or Nature that made him that way. On the other hand, somebody declared that love between homosexual people has a multiple nature, because female love and male love co-exist together, although this does not implies a suitable condition to create a family”. These last statements of the rabbi, related to a generic “somebody”, are in fact quite curious.

Skorka introduces the question of the parental figures in the educative field and Bergoglio answers that “generally, people say that it would be better for a kid to be grown by a same-sex couple rather than living in an orphanage or in an institute for minors. Of course, neither of these situations is optimal”.

Bergoglio searches for a different solution which could allow to avoid adoption by same-sex couples. He states that “the problem is that the State does not do what it should, […] We have to consider the situations od children who live in public structures or institutes where everything is done but recover those children. NGOs, the different religious confessions or other kinds of organisations should take care of those minors”, but Bergoglio concludes: “a mistake from the State’s side [the excess of bureaucracy and corruption] does not justify another mistake by the same State [the legitimation of adoptions for same-sex couples]”. In this sense, if regulations and procedures for the adoptions were speeded up and bureaucratic rules “whose actual application encourages corruption” were eliminated, there would be no justification for adoptions by same-sex couples.

Skorka goes on quoting Bible and Maimonides, looking for images that compare the relationship between God and men to the matrimonial relationship between a man and a woman, then he concludes: “A homosexual person loves somebody he knows, a fellow. It is easy for a man to know another man, on the contrary it is much more difficult to know a woman, because he needs to decode her. A man perfectly knows what another man feels, and a woman perfectly knows what happens in the body and in the mind of another woman. Discovering the other sex, instead, is a true challenge”.

Bergoglio ends up this way: “Usually, in the homily for a marriage I tell the groom he must make her more woman, and I tell the bride she must make him more man”.

Monsignor Juan Vicente Còrdoba and the adoptions by homosexual people

Here below you can read, translated into English, an article appeared on the Columbian newspaper “El Tiempo”. The article is titled: “Monsignor Juan Vicente Còrdoba thinks that entrusting two boys to a homosexual man was a mistake”. http://m.eltiempo.com/gente/iglesia-rechaza-adopcin-de-homosexuales/10913132

The secretary of the [Columbian] Episcopal Conference, Juan Vicente Còrdoba, a professional psychologist, questioned the adoption of two little brothers authorized by the Columbian Institute for Family Wellness (ICBF) to an American homosexual man. It’s the case of the journalist Chandler Burr, who has taken back with him the two brothers after a long dispute, consequent to the fact that the adoption had been suspended when his sexual orientation was known.

What do you think about this case?

“I don’t want to judge that man or the ICBF, and I imagine there was a good intention behind. But what kind of investigation was carried out on the personality of the future dad? You have to be sure the adopters are a couple, a man and a woman, or a single man or a single woman with a stable psychology, if you want to entrust a child to somebody”.

Is homosexuality a psychological problem?

“It is not an illness, but a gender identity disease, about the identification of the gender. This is what universal psychiatry says”. [Homosexuality objectively has nothing to do with diseases or with gender identity problems, as World Health Organization confirmed many times.]

What do you know about Chandler Burr?

“I don’t know him and I’m not accusing him of anything, but one thing is clear: he has a homosexual tendency and a ten-year old boy and a thirteen-year old boy will be entrusted to him, among them there is a father-son relationship, they entrust him two boys of an age in which they can be attractive for him and so they can be a temptation”.

Do the children risk something?

“One says: why not giving him two girls? Why right two boys to a homosexual man? He wouldn’t feel any attraction towards two girls, if heterosexual fathers abuse of their daughters and even of their sons, then there’s more to worry about a homosexual man. It would have been better to give the children a father and a mother”.

So a homosexual man can’t house an orphan?

“He can, but he has to be a person with an internalized ability of controlling his tendency, his drives, his passions. It’s very hard not to fall in temptation if somebody has diabetes and he lives in a candy shop”.

What is you proposal?

“I believe that things have been made in a hurry, but it is possible to invert the trial as there was a fundamental fact nobody knew. Thus, revising the trial and bringing it back to a previous phase is something absolutely necessary. It will be very difficult for this man to be impartial and give a pure and transparent affection. Colombia cannot supply its citizens to another country like if they were just goods”.

The Prosecutor’s office investigates Chandler Burr’s couple life. The control authority expressed a negative opinion on Burr’s case, “especially about the psychological valuation test, according to which there are some evident inconsistencies about the existence of relationships with same-sex people”.

The control authority confirmed its request to ICBF for obtaining the revision of the adoption requests by mono-parental families or singles and announced that the case will be followed and this proceeding of adoption will be contested.

The choices of the French Republic

On March 24, 2013, Gay Project published an article: GAY MARRIAGE IN FRANCE AND STATE SECULARITY

https://gayproject2.wordpress.com/2013/03/23/gay-marriage-in-france-and-state-secularity/

The French law has finally closed the phase of the double track: marriage only for heterosexuals and other forms of cohabitation also for homosexuals. Without giving any “definition of marriage” was adopted simply a new text of art. 143 of the Civil Code which now reads:

“Art 143 – Marriage is contracted by two persons of different or of the same sex.”

All contrary provisions must therefore be considered amended accordingly. So the secular France has honoured the principles of liberty, equality and fraternity.

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THE REAL LIFE OF A GAY GUY

Hello Project,

about a month ago, while surfing the internet, I found gay project which surprised me because it is something unique. At first I was impressed by the simplicity of the sites and by the absence of erotic advertising, then I started reading and I was amazed by the fact that I was reading a lot of things very similar to those that have happened to me and this, for me , was very important. That’s why I decided to write overcoming so many doubts and resistances. My life does not have anything very important, I’m an engineering student, I come from a normal family after all. My father and my mother more or less get along, my sister got married last year and no longer lives with me. My parents do not know anything about me, and I’ll absolutely avoid to tell them how things really are because for them I think it would just be a trauma, I do not think they would be able to understand, they are good parents, not too invasive, according to the their way of seeing, nor too selfish to care only about their own business. I will not speak with them in order to avoid them to stress uselessly, the idea that children should adapt to be the image and likeness of their parents is too deeply impressed in their own head. I cannot say whether or not they are believers, and to what extent, they go to church on Sunday and I’m going with them as if it were a natural thing because they expect it, my mother goes to confession every so often and receives communion, daddy never, but at least they have the common sense not to put pressure on me about such things. Luckily for me I’m still young and they think that I should hurry to graduate and so the fact that I do not have a girlfriend takes second place, because it would be a distraction from the fundamental purpose. My father and my mother have attitudes toward gay people that make me very angry but I have to tolerate discomfort for a quiet life: they know nothing about such things but they believe they know and understand everything, they are sympathetic to gay people just as priests are, they are inclined to forgive the vice for the weakness of the flesh because “also gays are people” (what a great concession!) but they would never admit that two guys can love each other because “it’s so nice to follow nature” and “between two men or between two women love does not make sense.” I let them talk because they need to be convinced that they are right. By saying so I mean that practically the relationship with my parents doesn’t exist at all but they don’t even realize it, for them it’s much more important to be right. Breaking away from the mentality of my parents and beginning to think with my head it was not so easy. At age 18 I went to confession for the last time, I told the priest that I was gay and I was in love with a guy, the priest didn’t even conceive the idea that it could be a true and deep feeling, and started to repeat certain things that offended me deeply, and I thought that what he said was patently false and immoral so much that I got up and I went away. I do not accept the idea that a feeling that I consider the most important thing in my life can be outraged by those who don’t even understand what they say and think they are speaking in the name of God. I have not had second thoughts, sometimes in church, I hear homilies that I cannot stand absolutely but I act as if I was just thinking of something else, exams, university, etc.. In high school I still had many doubts, not doubts about what I was, but doubts about how I had to behave. I remember a specific fact, the penultimate year of high school the Italian teacher assigned us as a task to compose a short essay on violence. I thought of speaking about violence against women, racism and the usual things and also about homophobia, but then gave up the idea completely, when the teacher gave us back our works classified in the commenting on one of them said to a student: “You have considered many aspects of the problem: religious intolerance, violence in stadiums, homophobia, violence against women …”, at the word homophobia I felt myself freeze and the eyes of all the guys have focused on the student with whom the teacher was talking and there have been mischievous smiles. That guy is definitely not gay but the word homophobia caused a particular reaction among my classmates, for them it is only an allusion to homosexuality, something more or less ridiculous that they only know from jokes and has been interpreted just as a joke. Obviously I had been right not to talk about homophobia. I don’t think that my classmates were homophobic, for them the problem did not even exist, for them gays were a kind of tribe on the edge of reality, for them a gay guy had to have many characteristics that are recognizable, they didn’t even realize that someone could be hurt by the fact that they were laughing at the word homophobia, in the end they were not homophobic, they were just superficial (stupid) and had no need to understand, because it was something that they weren’t absolutely interest in. Instinctively I have always kept away from groups, from too close friendships and from the gossip and this helped me to finish my high school, maintaining the my reputation of fake straight. In high school I supposed that one of my classmate was gay, but my assumptions were totally wrong. In college I found myself immersed in a completely different world. I had gone to the classical high school, with a strong majority of women (more than 2/3 of my classmates were girls), in the Faculty of Engineering there was instead a strong male predominance, and in particular in my courses. For a gay guy who came from the experience of classical high school, being in an engineering classroom was just like being a child entering the pastry: a huge temptation, an environment that created a community almost entirely male. Some guys were very handsome. If ever I had some little doubt about the fact of being gay this doubt vanished soon after I begun to attend engineering classes We went to classes together at the canteen together, to the study rooms in the library together, we spent together intervals between classes, and inevitably there we would agree to spend free time together as well. I should add that the environment was not gossipy and the guys were not talking only about tits and asses, on the contrary, when it occurred, rather rarely, some speech that touched even homosexuality there weren’t giggles, jokes and things like that but serious talk very far from the stereotypes, nevertheless, despite the high number of guys who attended the faculty there was not even one openly gay, a sign that those who were there did not trust to come out of the closet, exactly what I did. After the first few days began to form stable study groups. The basic element of aggregation was the level of knowledge and skills of individuals. Those that were obviously ahead of the others tended to congregate together and so the selection was made, so to speak, on academic merit. After a few days, and after the results of the first tests of profit, the number of students has decreased quite dramatically, in practice about 40% changed their courses of study and two groups were formed, one of the geniuses always in the front pew during lessons, always with maximum scores, but we are talking about a dozen boys in all, highly motivated but in practice these were young people who lived exclusively for the study, and a second group, let’s say mid-level, with more or less twenty students, and then the group of those who took it for granted that they would not have finished their studies without losing at least one year. I was at the boundary between the first and the second group, I was coming from the secondary school of classical address and at the beginning it was very hard for me but then I went ahead well. Prior to joining the faculty I thought it would have been so much easier, then I realized that to stay afloat at a good level I had to struggle a lot. Those in the first group did not send a shot wide, sometimes I tried to enter their group but I didn’t held the pace and, objectively, they were at levels far more advanced than mine. There was another thing, those guys lived for the study, admitted that they had a girl, they probably saw her for up to an hour on a Sunday afternoon and, because I felt like the a child entering the pastry, I did not want to end up like them, I don’t say that I wanted to make a feast of sweets, but at least I wanted to taste one. In practice I was there certainly to study, but certainly not just for that. I decided that I would be among those to intermediate level, because with them the afternoons were not exclusively to study, there was even talking. I have read on the forum something about gay radar, well, in fact, when one is, or better when a gay guy is in an environment like that one where I was, the first thing is to go by eye, that is, look for the guys who are more attractive, but if this were the only guideline it would be easy to miss the target. And there began, about four or five guys, the exhausting game: is he gay or not? And since the first purpose was just studying and no one used to speak about different things, it was extremely difficult to give an answer about the gayness of my colleagues. At this point there has been an unexpected phenomenon. A guy who didn’t belong to the group of geniuses nor to that of handsome guys and not even to that of supposedly gay guys asks me for my notebook of class notes. I would not have given my block of notes to anyone for all the gold in the world because my notebook was my lifeline and I used to handle it with maniacal care, but that guy was asking for my notebook, I show it to him, then he asks me if he can photocopy it and I say yes, he smiles at me and says something complimentary, more or less that I would get them back the next day. At that time I thought I was wrong to give him my notebook, but I was also happy because it was the first real opportunity to hook a guy, I started to wonder how it would have been if that guy had been gay, but he was not one of the handsome guys, yes, he had a beautiful smile, but it was all there, I just lent my notebook to a guy who had a beautiful smile! Project, now you might think that that guy is now my boyfriend, but no, because he gave me an appointment for the next day to give me back my notes and then showed up accompanied by his girlfriend! I was like an idiot, my brain had begun to go on his own, but fortunately the situation became evident almost immediately. Project, in essence, the child entering the pastry, with his mouth watering has been left empty-handed! According to statistics of gay project among my colleagues there should be at least five or six gays, one is me, then let’s say four or five but they are well hidden, I wonder if they too are like children in the pastry or already have decided to devote themselves exclusively to the study. I would not exclude that some of those geniuses who know everything, then underneath are gays terribly frustrated. Then the second year came, we are further decreased in number and hierarchies based on the results of the examinations are now well established, I stay in the second group, I go forward, but I’m not the new Einstein and frankly I don’t even want to be. My dream is to live a love story, I do not know if I would be able, however, it is certain that I’d try. Until now it has not happened. Project, that’s all, it’s trivial, I know, no overwhelming loves, neither depressing disappointments, so many dreams just too big and a lot of very small achievements. Post this e-mail if you want. I think I’ll send you another e-mail tonight with three or four things that I did not understand very well. You are a great, you did a monstrous job that is really useful!

Gay Hunter (but in a good way!)

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GAYS FROM PREJUDICE TO HUMAN RIGHTS

In June 2012, a Polish priest Dariusz Oko, a professor at the Pontifical University of John Paul II Krakow, published on the Polish magazine, Frond, and soon on the German theological journal Theologisches an article entitled: “With the Pope against homo-heresy” where he claimed that homosexuality within the Church gave birth to a mafia that generates a real homo-heresy.

In September 2012, Msgr. Tony Anatrella, consultant to the Pontifical Council for the Family and the Pontifical Council for Health, has published (in Italian by Edizioni San Paolo), his latest book, “The theory of gender and the origin of homosexuality”. Recently has been released the book “Homosexuality and the Church’s Magisterium” (Sugarco Editions, 2013), with a foreword by Msgr. Anatrella.

I tried to go a bit deeper. According to Msgr. Anatrella, the UN, the European Union and the World Health Organization are slaves to the gay lobbies and only the Catholic Church can save us from the hidden power of these lobbies, Anatrella adds “You have to read the Bible and then Saint Paul who describes the dire consequences of a society that promotes homosexuality”.

I wonder, just because I’m gay and I live in the midst of gay people, what does Msgr. Anatrella know about homosexuality if, to understand what it is, he prefers to go to St. Paul. I also wonder why the Catholic “lobby” tries to substantiate its thesis by paradoxical statements, repudiated by all the major international scientific circles.

On the other hand, on 24 July 1992 the document “Some considerations concerning the response to legislative proposals on non-discrimination of homosexual persons” states that ” Including “homosexual orientation” among the considerations on the basis of which it is illegal to discriminate can easily lead to regarding homosexuality as a positive source of human rights… This is all the more deleterious since there is no right to homo- sexuality which therefore should not form the basis for judicial claims. The passage from the recognition of homosexuality as a factor on which basis it is illegal to discriminate can easily lead, if not automatically, to the legislative protection and promotion of homosexuality.”

Another important document “Considerations regarding proposals to give legal recognition to unions between homosexual persons”, 3 June 2003, states that:” Where the government’s policy is de facto tolerance and there is no explicit legal recognition of homosexual unions … discreet and prudent actions can be effective; these might involve: unmasking the way in which such tolerance might be exploited or used in the service of ideology; stating clearly the immoral nature of these unions; reminding the government of the need to contain the phenomenon within certain limits so as to safeguard public morality and, above all, to avoid exposing young people to erroneous ideas about sexuality and marriage that would deprive them of their necessary defences and contribute to the spread of the phenomenon. Those who would move from tolerance to the legitimization of specific rights for cohabiting homosexual persons need to be reminded that the approval or legalization of evil is something far different from the toleration of evil. In those situations where homosexual unions have been legally recognized or have been given the legal status and rights belonging to marriage, clear and emphatic opposition is a duty. One must refrain from any kind of formal cooperation in the enactment or application of such gravely unjust laws and, as far as possible, from material cooperation on the level of their application. In this area, everyone can exercise the right to conscientious objection.”

It is well known the speech of the Archbishop Tommasi at the General Debate of the United Nations human rights area in March 2011 (here you can read the speech in English http://cittademocratica.blogspot.it/2011/04/il-vaticano-e-lomofobia.html) which argues that there would be no need for an explicit assertion of a right to homosexuality because sexual orientation, according to the letter of the Vienna Convention, seems to be defined in terms of thought and not of behavior. The sphere of freedom of thought is already protected and therefore there would be no need to reaffirm specific gay rights, but Tommasi adds that homosexual behavior should instead be governed by the law because the law already deals with some behavior such as pedophilia. This reasoning is the very negation of the logic of human rights and insinuates intolerable combinations between homosexuality and pedophilia.

Ecclesiastical interventions aimed at devaluing the major international organizations, replicate in various ways, from the dramatic to the most subtle, the idea that there should not be any international recognition of gay rights. But against such positions comes clearly the United Nations Secretary-General:
“To those who are lesbian, gay, bisexual or transgender, let me say: You are not alone. Your struggle for an end to violence and discrimination is a shared struggle. Any attack on you is an attack on the universal values the United Nations and I have sworn to defend and uphold. Today, I stand with you and I call upon all countries and people to stand with you, too” Ban Ki-moon, March 2012.

In March 2012 The United Nations has issued a key document for the rights of homosexuals, entitled “BORN FREE AND EQUAL – Sexual Orientation and Gender Identity in International Human Rights Law”
http://www.ohchr.org/Documents/Publications/BornFreeAndEqualLowRes.pdf
The document is a hymn to freedom. Following are the five points that the UN identifies as targets of government action in the field of LGBT human rights.

1. Protect people from homophobic and transphobic violence. Include sexual orientation and gender identity as protected characteristics in hate crime laws. Establish effective systems to record and report hate-motivated acts of violence. Ensure effective investigation and prosecution of perpetrators and redress for victims of such violence. Asylum laws and policies should recognize that persecution on account of one’s sexual orientation or gender identity may be a valid basis for an asylum claim.

2. Prevent the torture and cruel, inhuman and degrading treatment of LGBT persons in detention by prohibiting and punishing such acts and ensuring that victims are provided with redress. Investigate all acts of mistreatment by State agents and bring those responsible to justice. Provide appropriate training to law enforcement officers and ensure effective monitoring of places of detention.

3. Repeal laws criminalizing homosexuality, including all laws that prohibit private sexual conduct between consenting adults of the same sex. Ensure that individuals are not arrested or detained on the basis of their sexual orientation or gender identity, and are not subjected to baseless and degrading physical examinations intended to determine their sexual orientation.

4. Prohibit discrimination on the basis of sexual orientation and gender identity. Enact comprehensive laws that include sexual orientation and gender identity as prohibited grounds of discrimination. In particular, ensure non-discriminatory access to basic services, including in the context of employment and health care. Provide education and training to prevent discrimination and stigmatization of LGBT and intersex people.

5. Safeguard freedom of expression, association and peaceful assembly for LGBT and intersex people. Any limitations on these rights must be compatible with international law and must not be discriminatory. Protect individuals who exercise their rights to freedom of expression, association and freedom of assembly from acts of violence and intimidation by private parties.

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