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Brazilian Supreme Court criminalizes homophobia, transphobia

Brazil has actually already legalized same-sex marriages. But violence in the country toward LGBTQIA people remains common, with 387 murders and 58 suicides happening in Brazil in 2017 due to “homotransphobia” or negative feelings towards homosexuals or transsexuals, according to Grupo Gay da Bahia.

Photo by Raphael Nogueira from Unsplash.com

Brazil’s Supreme Court voted to criminalize anti-LGBTQIA discrimination, with eight of Brazil’s 11 Supreme Federal Court (STF) justices ruling to include homophobia and transphobia within the country’s laws prohibiting racism.

The country’s laws banning racism were passed in 1989, allowing for sentences of up to five years. The new clause would legally protect the country’s LGBTQIA community, which actually still has some of the highest rates of violent LGBTQIA deaths in the world.

With the Supreme Federal Court (STF) decision, the Congress – which is held by a conservative majority and is strongly influenced by evangelical churches – may still pass a law specifically addressing such discrimination.

Justice Carmen Lucia Antunes argued in her ruling that the LGBTQIA community is treated differently in Brazil’s “discriminatory society,” and as a result, it faces a higher rate of violence. “All human beings are born free and equal and should be treated with the same spirit of fraternity”.

Brazil has actually already legalized same-sex marriages. But violence in the country toward LGBTQIA people remains common, with 387 murders and 58 suicides happening in Brazil in 2017 due to “homotransphobia” or negative feelings towards homosexuals or transsexuals, according to Grupo Gay da Bahia (GGB). For 2019, at least 141 have already been killed.

The Brazilian president, Jair Bolsonaro, has also been very vocal about his anti-LGBTQIA sentiment, claiming that the Supreme Court was “completely wrong” and had overstepped its powers, moving into legislative territory.

In a 2011 interview with Playboy Brazil, Bolsonaro said he would rather have a dead son than a gay son. He was also quoted as saying that that they could not let Brazil become a “paradise for gay tourism”.

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An estimated 5.6% of adults (at least in the US) identify as LGBT. This is 4.5% higher from Gallup’s last data-gathering in 2017.

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