Rights in Retrograde? Borderless Tyranny Requires Queer Global Resistance

Hate without borders

As we turn the page on the first quarter of the twenty-first century, monumental progress on respect for the rights of LGBTIQ people is undeniable. Equally undeniable, however, is the fact that threats to LGBTIQ equality are becoming borderless, travel at light speed, and are arising even in jurisdictions with established anti-discrimination protections and those with no prior history of criminalizing queer people.

In our previous Rights in Retrograde round-up, we tracked the concerted legislative attacks on queer people’s rights across the world, highlighting examples extending from Liberia to Bulgaria.  We found that legislative bodies—supposed to represent the people—have become hotbeds for discriminatory, exclusionary, and dangerously vague laws, all disguised as efforts to protect families, children, and national identities.

In the last quarter, cross-regional trends impacting Africa and Europe are increasingly apparent, revealing a troubling globalization of hostile rhetoric and policy. The guise of “national” (in the case of Europe) or “African” values is used to advance laws that undermine regional progress. In Europe, these developments erode strides toward stronger non-discrimination principles, while across Africa, they hinder efforts to decolonize criminal codes by shedding century-old laws that target and harm minorities, including queer individuals.

In Europe, the Political Network for Values (PNfV), a far-right anti-gender platform supported by hate group Family Watch International and Project 2025 architect the Heritage Foundation, hosted the 6th Transatlantic Summit in Madrid, Spain, on 1-2 December. 300 political and civil leaders from 45 countries in the Americas, Africa, and Europe came together to launch the “Madrid Commitment,”  a statement emphasizing “freedom, family, and a culture of life” that also contains concerning language about restoring the Universal Declaration of Human Rights to its “original interpretation.” “Life” refers to fetuses – not to protecting diverse human beings who have already been born – and ”family” is not intended to be read inclusively, according to the PNfV.

This gathering sits within an alarming gray area that straddles formal and informal alliances of anti-gender policymaking worldwide. Government officials from Argentina, Hungary, and Sierra Leone attended, as did members of Parliament from at least 15 countries. The presence of statespersons provides a veil of legitimacy for the extremist anti-abortion and anti-queer politics being advanced,  while the non-governmental organizations in attendance have become adept at co-opting human rights language in pursuit of queerphobia and hateful policies. The statement emerging from the summit, which builds on the 2020 Geneva Consensus Declaration and the 2023 New York Declaration, will undoubtedly be a reference document for a globalized full-frontal assault on sexual and gender minorities and on sexual and reproductive health and rights, bodily autonomy, and the dignity of the person. 

Efforts to erode European rights protections through anti-LGBTQ laws 

This October, four ruling-party members in Slovakia bypassed Education Minister Tomáš Drucker to introduce in Parliament a proposed amendment to the Education Act that seeks to define “non-traditional sexual orientation” and ban its “promotion” in schools. Schools that violate the law could face fines of up to €30,000 (31, 402 USD). 

The bill claims that Slovak society is rooted in "traditional values" that define marriage as a union between a man and a woman, as per the constitution. It argues that the law is needed to protect children from influences that conflict with these values and constitutional principles.

It is relevant to note the European Union Court of Justice held hearings in a lawsuit against Hungary in November over a similar law, with a ruling expected in 2025. The European Commission had referred the case to the court on grounds that the law discriminated against people based on their sexual orientation and gender identity – an infringement of the EU Charter of Fundamental RIghts, numerous EU rules, and  EU values.

Meanwhile, Georgia’s newly minted “Family Values and Protection of Minors” law, adopted in September 2024 and enacted in December, poses similar threats to fundamental human rights. The law imposes discriminatory restrictions on education, public discourse, and gatherings related to sexual orientation and gender identity. It threatens equality, non-discrimination, education, health, freedom of expression, and privacy, among others. It also perpetuates harmful stereotypes, falsely equating consensual same-sex relationships with incest. Additionally, it prohibits the legal recognition of transgender individuals, while limiting their access to healthcare. In light of contested elections and ongoing mass protests against the ruling Georgia Dream party, the law can be clearly situated within the classic authoritarian playbook.

In Belarus, rights activists have called on the government to revoke amendments to a Culture Ministry decree in April 2024 that characterize materials addressing "homosexualism,” “lesbian love," and "the desire to live as a person of the opposite sex"  as pornography. Official classification of the depiction of queer and trans lives in the same category as necrophilia and pedophilia, and government plans to follow in Russia’s footsteps by banning “gay propaganda,” have been accompanied by a sharp rise in violence against LGBTQ individuals. Activists report that some LGBTQ people have been detained on charges of  "disseminating pornography" and face potential prison sentences of up to four years.

Emergence of (more) hostile new laws in Africa

Outright remains concerned by the emergence of new criminalizing legislation in Africa.  In Mali, the Transitional National Council passed a law on 31 October that criminalizes homosexuality for the first time, putting queer people at greater risk of discrimination, violence, and stigma. In the Gambia, penalties for same-sex relations were intensified through legislative action in September. And in Ghana, newly elected president John Mahama has waffled on whether he will assent to the draconian Human Sexual Rights and Family Values Law passed by Parliament earlier this year, which criminalizes even being an ally to LGBTQ people.

Defending rights  through litigation across continents

On 18 December, Ghana’s Supreme Court will rule on two challenges to the bill’s constitutionality. A ruling against the bill would likely quash its progress, while a ruling allowing it to move forward could mean immediate enactment by outgoing President Nana Akufo-Addo or the revival of the bill by a new Parliament in January. 

The filing of the lawsuits in Ghana even before presidential assent to the law demonstrates how litigation has become a core safeguard for LGBTQ people’s human rights in a politically uncertain world. Elsewhere, litigants are challenging state-sponsored gender-based violence in Africa, fighting for gender-affirming care in the U.S., and seeking privacy protections in the EU.

In U.S. v. Skrmetti, a coalition including the ACLU, Lambda Legal, and Akin Gump Strauss Hauer & Feld LLP sued the state of Tennessee to block its ban on medically necessary gender-affirming care for transgender youth, arguing that the ban constitutes sex discrimination. The case is now before the U.S. Supreme Court, with oral arguments heard on 4 December. The Court’s decision, expected in mid-2025, could significantly impact the future of gender-affirming care in the U.S. and have reverberations around the world.

In Kenya, the courts have played a pivotal role in defending LGBTIQ rights. In October, a Mombasa court awarded Sh4 million ($31,000) in compensation to two gay men who were wrongfully arrested and subjected to invasive, unconstitutional medical examinations. The court condemned the unlawful extraction of evidence, citing violations of the petitioners’ constitutional rights to privacy and fair trial rights, marking a significant legal victory in a country where consensual same-sex relations are criminalized.

Meanwhile, the Court of Justice of the European Union ruled in a case involving Romania in October that according to the European Convention on Human Rights, a member state could not refuse to recognize a legal gender change made in another EU country. The court’s decision upheld the right to privacy and contributed to preventing the erosion of legal protections for transgender citizens across the EU. 
In all three regions, litigation has proven to be the last remaining pathway to uphold LGBTIQ rights in the face of increasingly hostile legal environments. These cases serve as a powerful reminder that when political and social forces threaten human rights, the courts remain the essential protector of equality, dignity, and justice.

Courts and the pathway to marriage equality in East Asia

Across East Asia, courts have become the primary battleground for marriage equality as queer couples fight for their right to marry. In South Korea, eleven same-sex couples filed a lawsuit in October against Seoul district offices after their marriage registrations were rejected. These couples argue that the government is denying them equal rights by not recognizing their marriages. 

In Japan, an October ruling by the Tokyo High Court declared the country’s ban on same-sex marriage unconstitutional, calling it “groundless legal discrimination.” This decision follows a similar ruling from the Sapporo High Court, which found that denying same-sex couples the right to marry violates their basic human rights. With seven court rulings now against the ban, Japan is moving closer to marriage equality, although only a favorable Supreme Court ruling or legislative action could bring about marriage equality for all. 

In Hong Kong, the Court of Final Appeal in November issued a significant ruling in favor of same-sex couples, granting them housing and inheritance rights. Despite government appeals, the court’s nod to the rights of same-sex couples signals potential progress toward marriage equality in Hong Kong. 

Across East Asia, the courts are becoming the key space for challenging discriminatory laws and advancing queer rights. While obstacles remain, these court rulings reflect a growing shift toward legal recognition of same-sex relationships. The judiciary is proving to be a critical force in the fight for marriage equality in the region.

Emerging trends for transnational solidarity

2024 has been a year marked by incremental victories, uncertain rights outlooks following the fall of long-standing regimes, and a wave of challenges stemming from increasingly globalized anti-right forces. With the election of Donald Trump on a virulently anti-trans platform in the United States, the provocative boundary-pushing on queer rights by European Union countries, and the enactment of new hostile laws in Africa, it is clear that no one is safe from the anti-gender juggernaut. Borderless and agile responses to immediate risks will become more pressing for the most vulnerable people in our queer spaces across the world.

While protection needs are urgent, our communities should hold on to the recognition that progress, particularly through the courts, remains possible – as evidenced in recent victories in venues ranging from Japan to Kenya to the European Union. Even in the face of adversity, the global fight for equality continues to thrive. As we move into 2025, we carry with us the strength, resilience, fighting spirit, and unrestrained queer joy that have always defined our movements, with hope for more victories ahead.