Human Rights

Political homophobia under the legal guise

Just a few weeks prior to the elections, the Georgian parliament has passed an anti-LGBTQI law package, which mirrors Russia’s “traditional values” law and threatens to erase LGBTQI visibility and rights. This legislation curbs freedom of expression, restricts public gatherings, bans same-sex adoption, limits gender identity recognition etc. While the government claims to protect family values, it uses hate speech against LGBTQI for its election campaign. It fuels political homophobia and deepens societal marginalization of the queer community.

The package of legislation is called "On Family Values and Protection of Minors” and consists of one main law and 18 related law amendments to various codes of Georgia’s legislation[1]. It includes repressive measures targeting the LGBTQI community, such as an explicit ban on sharing information or holding public gatherings that might be seen as promoting same-sex relationships. It also prohibits child adoption by same-sex couples, sex change procedures, and recognition of any non-binary gender and more.[2]

This package closely reflects the Russian law on “traditional values," effectively erasing LGBTQI people from everyday life. The laws restrict anyone’s right to free assembly and participation in public meetings and demonstrations in support of the LGBTQI movement. The goals of the Anti-LGBTQI legislation contradict the fundamental human rights outlined in the Georgian Constitution and anti-discrimination laws. The Constitution of Georgia guarantees freedom of expression, assembly, and association regardless of sexual orientation or gender identity. The governing Georgian Dream party argues it wants to change the constitution to align it with the law. For this, it needs to win a 2/3 majority in the upcoming elections.

The opposition views the Anti-LGBTQI legal package as a distraction and a tactic to win conservative votes. Opponents argue that Georgian Dream is targeting right-wing voters as the government ignores numerous real life issues affecting children while pushing unnecessary protections against non-existent threats of sex change and sexual orientation. [3]

Political homophobia as a strategy by the state

Political homophobia, employed by state actors[4], often takes the form of anti-propaganda laws that aim to restrict the rights of the LGBTQI community. The Georgian anti-LGBTQI law package centers on topics such as identity, values, the institution of family, and children in order to mobilize society. According to the initiators of the law, its purpose is to promote and strengthen family values and mechanisms for protecting children. However, the law lacks a clear and comprehensive definition of "LGBTQI propaganda," granting the government discretionary power to interpret any expression of the LGBTQI community as propaganda under the guise of protecting children. This grants the government the ability to arbitrarily restrict the rights of the LGBTQI community without justification. The argument of protecting children and family values is a weak justification for cracking down on LGBTQI individuals.[5]

The anti-LGBTQI law package represents a threat to freedom of expression by potentially classifying teaching about gender identity, equality topics, and sex education in schools as child perversion and LGBTQI propaganda.[6] The law imposes strict limitations on the rights of LGBTQI people. In order to "protect society from LGBTQI propaganda," the law grants the Georgian government broad authority to restrict the freedom of expression, assembly, and demonstrations of the LGBTQI community. The detrimental impacts of the law will affect various professions, such as artists, doctors, teachers, and others, and their ability to express themselves.

The consequences of the Georgian anti-LGBTQI bills would include heightened stigma, violence, and discrimination against the LGBTQI community. The legislation may significantly harm the mental and physical health of the LGBTQI community. The Venice Commission has expressed concerns that even the proposal of the law's adoption may contribute to creating a hostile and stigmatizing environment for LGBTQI individuals in Georgia.[7]

It makes life for LGBTQI community in Georgia even more difficult than before. According to the Human Rights Watch 2023 report[8], LGBTQI people in Georgia face ongoing harassment, discrimination, and violence. In May, around 30 men attacked five transgender women in their Tbilisi home, assaulting them and their landlord, damaging property, and issuing death threats. An investigation is ongoing. In July, the Tbilisi City Court fined three people for raiding the Tbilisi Pride's office during anti-LGBT attacks in July 2021, which caused numerous injuries and led to the Pride March's cancellation. While 31 people were detained, and 26 were sentenced for violence against journalists, the instigators of the violence were not prosecuted. In December 2021, the European Court of Human Rights ruled that Georgia violated activists' rights in 2013 by not protecting them from homophobic and transphobic violence during a peaceful demonstration, resulting in dozens of injuries. The Georgian Orthodox church, the most trusted organization in the country, has long opposed the Pride March, accusing the organizers of “propagating a non-traditional way of life under the guise of protecting human rights”[9].

The push to adopt anti-LGBTQI propaganda laws is an attempt to manipulate public opinion by inciting hostility and aversion towards LGBTQI persons in society. Political homophobia, used for election campaigns and enshrined in laws, poses a threat to the peaceful existence of the queer community. It encourages hate violence and new waves of discrimination towards LGBTQI people. The adoption of the laws gives the Georgian government the power to target dissent, freedom of speech, and human rights. As a result, queer individuals will have to struggle for their everyday existence in order to exercise their fundamental rights.

Tamar Avaliani

Human rights lawyer

[1]Georgia introduces Russian-style crackdown on LGBTQ+ rights, from Politico: https://www.politico.eu/article/georgia-ruling-party-introduces-russian…

[2] statement of Amnesty International is available at: https://www.amnesty.org/en/latest/news/2024/03/georgia-halt-legislative-assault-on-lgbti-rights/

[3] Ruling Majority Tests Homophobia as Campaign Pillar; Civil.ge; https://civil.ge/archives/585551

[4]Meredith L. Weiss et al., University of Illinois Press,  Global Homophobia: States, Movements, and the Politics of Oppression, 2013.

[5] Ryan Thoreson,  From Child Protection to Children’s Rights: Rethinking Homosexual Propaganda Bans in Human   Rights Law, The Yale Law Journal, January-February 2015, Volume 124.

[6]Anti-Gender and Anti-LGBTQI Mobilization in Georgia, MDF, 2023

[7] Opinion of the Venice Commission is available at: https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2024)021

[8] Human Rights Watch 2023 Report on Georgia: https://www.hrw.org/world-report/2023/country-chapters/georgia

[9]  Orthodox Church Speaks Out Against Pride Week; Civil.ge; https://civil.ge/archives/429890