Georgia’s New Law Curtailing LGBTQ Rights: A Legal Perspective

In a controversial move, the Georgian government has passed a law that significantly curbs the rights of the LGBTQ community. The law, approved just before the parliamentary elections scheduled for October 26th, 2024, gives the government sweeping legal powers to suppress LGBTQ expression. This includes outlawing Pride marches, banning the public display of the LGBTQ flag, and censoring related books and films. Additionally, the law reinforces Georgia’s already stringent prohibitions on same-sex marriages and gender reassignment surgery. The government justifies these measures as necessary to protect the country’s “moral standards,” but the implications of this law raise serious concerns regarding human rights and freedom of expression.

In this blog, we will explore the new law from a legal perspective, analyzing its contents, its legal framework, and its broader implications for LGBTQ rights in Georgia. We will also delve into the international context, discussing how this law aligns Georgia closer to Russia and distances it from Western democracies. Finally, we will examine the possible legal challenges in response to this legislation.

Understanding Georgia’s New LGBTQ Law

1. The Law in Context: What It Includes

The newly passed law curtails several rights of the LGBTQ community. It gives the government legal authority to:

• Outlaw LGBTQ Pride marches.
• Ban the public display of the LGBTQ flag.
• Censor books and films that portray or promote LGBTQ themes.
• Reinforce pre-existing bans on same-sex marriages and gender reassignment surgeries.

Each of these provisions represents a significant step backward for LGBTQ rights in Georgia, which, in recent years, have been fragile at best.

The law can be divided into two primary legal components:

• Public Expression Laws: These provisions restrict LGBTQ visibility in the public domain. By banning Pride marches and public displays of LGBTQ symbols (such as the flag), the law effectively limits the community’s ability to express its identity publicly.
• Content Censorship Laws: The censorship of books, films, and other forms of media that portray LGBTQ themes falls under this category. This means that not only will LGBTQ-themed media be banned from public consumption, but future works promoting LGBTQ rights or lifestyles could be heavily scrutinized or barred from being published altogether.
• Reinforcement of Existing Marriage and Gender Laws: The law reiterates Georgia’s ban on same-sex marriages and gender reassignment surgeries, adding further legal strength to these prohibitions.

The Legal Framework: Examining the Law’s Underpinnings

2. Existing Laws on LGBTQ Rights in Georgia

Before this law was passed, Georgia already had several legal barriers against the LGBTQ community. Same-sex marriage has been constitutionally banned since 2018, and the rights of transgender individuals have been restricted, particularly in terms of legal gender recognition and access to gender reassignment surgery. Despite these prohibitions, there were still areas where LGBTQ rights activists operated, including through annual Pride marches and public advocacy campaigns. However, the new law appears to close off these remaining avenues of expression.

3. The New Law’s Legal Basis

The Georgian Dream party, which has been in power since 2012 and is seeking a fourth consecutive term, claims that the law is necessary to protect “moral standards.” Legally, the government has invoked the country’s constitution and existing moral codes to justify this move. According to Georgian officials, the law is designed to safeguard “traditional family values,” which are deeply ingrained in the country’s social and cultural fabric.

However, the law’s critics argue that it violates multiple international human rights agreements to which Georgia is a signatory, including the European Convention on Human Rights (ECHR). Article 10 of the ECHR guarantees freedom of expression, while Article 11 protects the right to peaceful assembly. Both of these rights are under threat from Georgia’s new LGBTQ legislation.

The Law’s Implications: Local and International Legal Repercussions

4. Potential Legal Challenges

There is no question that this law will face challenges both in domestic and international courts. From a legal perspective, the most likely grounds for these challenges will be based on human rights violations. Georgian LGBTQ activists, with the support of international advocacy groups, may argue that the law contravenes:

• Freedom of Expression: By banning Pride marches and censoring media content, the law infringes on the right to free expression. Activists may invoke Article 10 of the European Convention on Human Rights, which Georgia ratified in 1999, to challenge these restrictions in court.
• Freedom of Assembly: The prohibition of Pride marches directly contradicts Article 11 of the ECHR, which protects the right to peaceful assembly. Georgian activists can argue that Pride marches are peaceful expressions of identity and should be protected under this provision.
• Discrimination: LGBTQ groups may also frame the law as discriminatory, particularly under Article 14 of the ECHR, which prohibits discrimination on any grounds. By singling out the LGBTQ community, the law appears to disproportionately target a specific group, which could be legally challenged as a form of unlawful discrimination.

5. International Legal Precedents and Comparisons

This law’s approach closely mirrors similar legislation passed in Russia over the last decade. Russia’s notorious “gay propaganda” law, which was introduced in 2013, also bans the promotion of LGBTQ rights, especially in media and public events. Critics of Georgia’s law argue that it is effectively a replication of the Russian model, reinforcing Georgia’s political alignment with Russia and distancing it from the West.

While Russia has faced sanctions and criticism from international bodies such as the European Court of Human Rights (ECHR) for its anti-LGBTQ laws, these rulings have had limited impact within Russia. Georgia, however, is a member of the Council of Europe and remains bound by its rulings. Should the Georgian law be challenged in the European Court of Human Rights, the government may find itself under greater pressure to repeal or amend the legislation.

6. Impacts on Georgia’s Relationship with the West

Georgia’s decision to pass this law comes at a time when its relationship with Western countries is already strained. Earlier this year, Georgia passed a foreign agents law that was widely condemned by both the European Union and the United States as being “Russia-inspired.” The new LGBTQ law has similarly drawn criticism from Western governments and human rights organizations. Given that Georgia has long aspired to join the European Union, the passage of laws that contravene European values of human rights and freedom could significantly hinder its prospects of EU membership.

Furthermore, the law may lead to sanctions or other punitive measures from Western countries. The European Union has been known to impose sanctions on countries that violate human rights, and Georgia could face similar consequences if the law remains in force.

Domestic Implications: Suppression of LGBTQ Activism

7. Effects on LGBTQ Activism in Georgia

One of the most immediate impacts of this law will be on LGBTQ organizations and activists in Georgia. The country’s LGBTQ community has long relied on visibility politics—public events, media representation, and advocacy campaigns—to promote awareness and fight for equality. With the new law in place, many of these activities will no longer be legally possible.

Activists have expressed concern that the law will force LGBTQ organizations to shut down, as they can no longer operate within the legal boundaries set by the government. The ban on Pride marches and LGBTQ flags essentially silences public expressions of LGBTQ identity, which will make it difficult for activists to engage with the broader public.

Furthermore, the censorship of LGBTQ-themed books and films will limit the community’s ability to share its stories and struggles with a wider audience. This could lead to a significant reduction in public support for LGBTQ rights in Georgia, as visibility is often a key component of social change.

8. Historical Context: Violence Against LGBTQ Marches

The suppression of LGBTQ activism is not new in Georgia. Participants in Tbilisi’s annual Pride marches have been subjected to violent attacks by anti-LGBTQ protesters in recent years. The government’s failure to protect LGBTQ individuals from these assaults has already been a cause for concern. With the new law in place, there is a fear that these violent incidents could escalate, as the government has now legally sanctioned the suppression of LGBTQ rights.

The legal ban on Pride marches could embolden anti-LGBTQ groups to further harass and attack activists, knowing that the government will not intervene to protect them. This creates a dangerous environment for LGBTQ individuals, who are already vulnerable to discrimination and violence in Georgian society.

Conclusion: A Step Back for Human Rights in Georgia

Georgia’s new law curbing LGBTQ rights represents a significant regression in the country’s human rights record. The law not only violates international human rights norms but also threatens to silence an already marginalized community. From a legal standpoint, this legislation will likely face challenges in both domestic and international courts, but the damage it causes in the interim could be severe.

For Georgia, the law signals a shift away from European values of human rights and freedom and a closer alignment with Russia’s authoritarian model. As the country approaches its parliamentary elections, the Georgian Dream party appears to be betting on conservative support to maintain its hold on power, but this comes at a significant cost to the country’s democratic and human rights aspirations.

The long-term impact of this law remains to be seen, but one thing is clear: the fight for LGBTQ rights in Georgia is far from over, and the legal battles that will follow could define the country’s trajectory in the years to come.