In recent months, trans rights, gay propaganda bans, and same-sex marriage rights have been impacted by court rulings and legislative action around the globe.
Concerning trans rights, on April 16, 2025, the United Kingdom Supreme Court ruled that “the concept of sex is binary, a person is either a woman or a man” for purposes of the UK’s Equality Act of 2010 (EA 2010), which prohibits discrimination based upon, inter alia, “sex”. The EA 2010, however, also protects from discrimination on the basis of “sexual orientation” and “gender reassignment”, which the Court relied upon as its reasoning that the legislature intended discrimination based upon sex to not permit a transgender woman to bring a claim for discrimination on the basis of her female status, with or without a Gender Recognition Certificate (by which the UK legally recognizes a person’s affirmed gender).
The UK Supreme Court explained: “Parliament plainly intended biological women to benefit automatically from these protections and it is unlikely to have been the legislative intention that a pregnant trans man with a GRC (legally male but biologically female) should have to pursue gender reassignment discrimination in order to obtain the benefit of such protection, whereas a pregnant trans man without a GRC (legally and biologically female) is automatically entitled to them as a woman.” The Court’s ruling included a caveat that the Court was not “making policy” or seeking to define the definition of "sex" generally. Specifically, the UK Supreme Court stated: “It is not the role of the court to adjudicate on the arguments in the public domain on the meaning of gender or sex, nor is it to define the meaning of the word "woman" other than when it is used in the provisions of the EA 2010.”
The UK Supreme Court’s ruling follows on the heels of the decision by the UK’s National Health Service, announced December 11, 2024, to indefinitely ban puberty blockers for the treatment of children under 18 who are diagnosed with gender dysphoria. See Press Release from the UK’s Department of Health and Social Care at Ban on puberty blockers to be made indefinite on experts’ advice - GOV.UK (last accessed 5/23/25).
Meanwhile, in China, a transwoman named Ling’er secured an out-of-court settlement against a hospital in Qinhuangdao which subjected her to electroshock conversion therapy in an effort to treat her gender dysphoria, the NY Times reported on December 8, 2024. The Guardian notes that this case represents the first time a transgender person successfully challenged the use of electroshock conversion therapy in China (last accessed March 23, 2025).
On December 18, 2024, the Lithuanian Constitutional Court (LCC) followed the rationale of the European Court of Human Rights (ECHR) in Macatė v Lithuania (Application no. 61435/19, Jan. 23, 2023), and held that a national law prohibiting the dissemination of information to minors depicting same-sex relationships was unconstitutional (LCC decision available here). According to a local news outlet, LCC President Gintaras Goda stated as the court’s decision was released: “…no legal regulation may be introduced which implies that information on any family models and relationships between individuals is in itself inappropriate for minors” (“Lithuania’s top court declares anti-LGBT law unconstitutional”, Lithuanian National Radio and Television, Dec. 18, 2024, available at https://www.lrt.lt/en/news-in-english/19/2442182/lithuania-s-top-court-declares-anti-lgbt-law-unconstitutional). Goda added: “Such a legal regulation [...] hinders their development as mature, full-fledged personalities and is incompatible with the constitutional duty of the state to ensure the harmonious and comprehensive development of the child, based on respect for human rights and dignity, as well as the values of equality, pluralism, and tolerance, inherent in a democratic society.” The LCC’s ruling is a notable victory in a region which is seeing other countries enact so-called bans on “same-sex propaganda” like Hungary, Bulgaria and Russia.
Meanwhile, in Ghana, LGBTQ+ rights advocates suffered a defeat on December 18, 2024, when Ghana’s Supreme Court dismissed a peremptory challenge to anti-LGBTQ legislation in that country, on the grounds that the law had not yet been signed by the President and thus the challenge was not ripe for adjudication. The law in question, entitled “The Human Sexual Rights and Family Values Bill”, was passed in February 2024. Said law carries a prison sentence of up to three years same-sex relations and up to five years for willful promotion, sponsorship or support of LGBTQ+ activities.
Ghana’s LGBTQ community and allies breathed a short-lived sigh of relief when the Bill lapsed earlier this year. However, in March 2025, the Bill was reintroduced in the Ghanaian Parliament and Ghana’s newly elected President, John Mahama, has reportedly indicated that he supports the legislation (see Ghana lawmakers introduce "cruel" anti-gay bill that also punishes LGBTQ+ activism - LGBTQ Nation, last accessed May 23, 2025).
Good news continues to come from Japan: news outlets report that High Courts in Osaka (on March 25, 2025) and Nagoya (on March 7, 2025) recently held that Japan’s refusal to legally recognize same-sex marriage was unconstitutional (see Japan's refusal to recognize same-sex marriage in law is unconstitutional, a court finds | AP News, last accessed 5/23/25; Japan Osaka court holds same-sex marriage ban unconstitutional - JURIST - News, last accessed 5/23/25). The Nagoya High Court was the fourth High Court to reach a similar verdict, joining Sapporo, Tokyo and Fukuoka. Meanwhile, Osaka, the fifth High Court to find the lack of a same-sex marriage framework unconstitutional, reversed a district court decision which had ruled to the contrary. Unfortunately, these court decisions do not compel the government to enact same-sex marriage legislation or permit same-sex couples to marry under existing laws. Nonetheless, LGBTQ+ advocates celebrate the rulings and are optimistic that Japan will enact same-sex marriage, although the government has yet to do so. Japan remains the only country in the G7 that does not permit same-sex marriage.
