Mon. Jul 1st, 2024
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Russia’s Supreme Court has effectively outlawed LGBTQ+ activism in the latest, most-drastic move against advocates of gay, lesbian, and transgender rights in the increasingly conservative country. 

The justice ministry had filed the lawsuit against what it called the “LGBTQ+ movement operating in Russia”.

In response the court labelled the movement an extremist organisation and banned it.

The closed-door hearing lasted four hours with no defendant and only justice ministry representatives allowed in.

Journalists were taken into the courtroom only for the reading of the verdict by judge Oleg Nefedov, who wore a face mask, apparently for health reasons.

The case was classified, and the ministry did not disclose any evidence, saying only that authorities had identified “signs and manifestations of an extremist nature” in the movement it seeks to ban, including “incitement of social and religious discord”.

A man wearing a black robe and medical mask looks at an open booklet with three red chairs behind him
Russian Supreme Court judge Oleg Nefedov led the hearing in Moscow.(AP: Alexander Zemlianichenko)

Multiple rights activists have noted the lawsuit was lodged against a movement that is not an official entity, and that under its broad and vague definition, Russian authorities could crack down on any individuals or groups deemed to be part of it.

Max Olenichev, a human rights lawyer who works with the Russian LGBTQ+ community, said it ushers in a number of restrictions.

He said these included participating in, aiding or funding organisations; publicly using certain logos and symbols related with them; or publicly endorsing ideas they propagate.

But while a court-mandated ban for an extremist organisation to operate comes into force immediately, these restrictions will start 30 days after the ruling, if a defendant does not appeal.

The side of a building with many windows . Traffic lights are in the forefront.

There were no defendants in the courtroom with journalists only taken in for the verdict reading.(AP: Alexander Zemlianichenko)

The exact nature of these restrictions — such as which symbols will be banned — remains unclear, because the case is classified, and will only become apparent in the first legal actions brought against activists, Mr Olenichev added, although violating them exposes people to prosecution and potential prison terms.

This would likely lead to a decrease in legal, psychological and other aid and support for LGBTQ+ people in Russia get from rights groups and grassroots initiatives, he said, and make the community itself and its needs less visible.

“The authorities are doing everything for the LGBT agenda to disappear from the public square,” he added.

Latest step in a decade-long crackdown

In 2013, the Kremlin adopted the first legislation restricting LGBTQ+ rights, known as the “gay propaganda” law, banning any public endorsement of “non-traditional sexual relations” among minors.

In 2020, constitutional reforms pushed through by President Vladimir Putin to extend his rule by two more terms also included a provision to outlaw same-sex marriage.

After sending troops into Ukraine in 2022, the Kremlin ramped up a campaign against what it called the West’s “degrading” influence, in what rights advocates saw as an attempt to legitimise the war.

That same year, the authorities adopted a law banning propaganda of “non-traditional sexual relations” among adults, also, effectively outlawing any public endorsement of LGBTQ+ people.

Another law passed this year prohibited gender transitioning procedures, gender-affirming care for transgender people as well as changing one’s gender in official documents and public records.

It also amended Russia’s Family Code by listing gender change as a reason to annul a marriage and adding those “who had changed gender” to a list of people who can’t become foster or adoptive parents.

Ruling called ‘shameful and absurd’

Multiple Russian independent media outlets and rights groups added rainbow symbols to their logos on social media in solidarity with the LGBTQ+ community.

Amnesty International called the ruling “shameful and absurd”, warning it could lead to a blanket ban on LGBTQ+ organisations, violate freedom of association, expression and peaceful assembly, and lead to discrimination.

“It will affect countless people, and its repercussions are poised to be nothing short of catastrophic,” said Marie Struthers, the group’s director for Eastern Europe and Central Asia.

A Russian Orthodox Church spokesman praised the ruling, telling the state-run RIA Novosti news agency that it was “a form of moral self-defence by society” from efforts to push “the Christian idea of marriage and family from the public and legal realms”.

The justice ministry has not commented.

two men holding a rainbow flag among a crowd carrying flags and banners

Advocate and founder of the Russian LGBT Network rights group Igor Kochetkov (centre) at the 2018 May Day rally in St Petersburg.(AP: Uncredited)

Before the ruling, leading Russian human rights groups filed a document with the court that called the lawsuit “anti-lawful”, discriminatory and a violation of the constitution and international human rights treaties that Moscow has signed.

Some LGBTQ+ activists said they tried to become a party to the lawsuit but were rebuffed by the court.

“We tried to find some legal logic in this absurdity,” said Igor Kochetkov, a human rights advocate and founder of the Russian LGBT Network rights group.

“We tried to appeal to the Supreme Court’s common sense and say: ‘Look, here I am, a person who’s been involved in LGBT activism for years, who’s been promoting these ideas — ideas of defending human rights, mind you — and this lawsuit concerns me,'” he said.

“They don’t want any trial. They do not want to address this matter. This is a political order, and they are following it. It is the end of any kind of justice in Russia, by and large.”

Many people will see leaving Russia before they become targeted as the only option, said Olga Baranova, director of the Moscow Community Center for LGBT+ Initiatives.

“It is clear for us that they’re once again making us out as a domestic enemy to shift the focus from all the other problems that are in abundance in Russia,” Ms Baranova said.

Others are determined to stay and continue working with the LGBTQ+ community.

Dasha Yakovleva said Feminitive, a women’s group she co-founded, is the only group in Russia’s westernmost Kaliningrad region that, in addition to advocating for women’s rights, offers support to LGBTQ+ people at the moment and will “look for ways” to continue.

She said she saw value in helping LGBTQ+ people exercise their rights.

“Since our state doesn’t intend to do that, then it’s the task for our civil society to try to be an island of safety, of advocacy, a connection with the international community,” Ms Yakovleva said

AP

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