The “International LGBT Social Movement” has been declared extremist in Russia

The Supreme Court (SC) of the Russian Federation banned the activities of the formally non-existent “International LGBT Social Movement” in the country, recognizing it as extremist. The Ministry of Justice, which filed the lawsuit, found in the activities of the movement signs of inciting social and religious hatred, but did not name them publicly, since the trial was held behind closed doors. Previously, the Ministry of Justice emphasized that “discrimination on the basis of sexual orientation” is prohibited in the Russian Federation. The legislation allows only a really existing organization to be recognized as extremist, but this did not interfere with the ban on AUE, lawyers interviewed by Kommersant point out. The court’s decision will not be published, and therefore it will be possible to understand whether citizens will now be prosecuted for displaying the rainbow flag or other symbols (and which ones) only after the first cases are initiated by law enforcement agencies, lawyers add.

The proceedings on the claim of the Ministry of Justice in the Supreme Court of the Russian Federation took two weeks. November 17 department submitted a statement of claim to recognize the “International LGBT Social Movement” as extremist and to ban its activities in the Russian Federation. The Ministry of Justice described the claims sparingly, citing the identified “various signs and manifestations of an extremist orientation, including incitement of social and religious hatred.” Specific examples were not named in the official statement. On November 30, the Russian Supreme Court held a four-hour meeting, declaring the movement extremist. The meeting was held behind closed doors “due to the presence of secret materials in the case,” he said TASS.

It is noteworthy that the matter was about banning an unregistered organization, and only representatives of the Ministry of Justice were allowed to attend the court hearing.

In 2013, Russia passed a law banning the promotion of “non-traditional sexual relations” among minors.

And a year ago parliament adopted law, which banned the dissemination of information that “promotes non-traditional sexual relationships, pedophilia or gender reassignment” among people of all ages. However, on November 13, 2023, Deputy Head of the Ministry of Justice Andrei Loginov, speaking at the UN Council, made it clear that nothing threatens LGBT people in Russia, since the country legally prohibits “discrimination on the basis of sexual orientation and gender identity, like any other discrimination.” .

On the eve of the proceedings in the RF Supreme Court, a group of LGBT activists tried, according to some sources, to register their “International LGBT Social Movement” through the government services portal in order to enter the process as an interested party. But, according to TASS, “the defendant’s representatives did not appear in court,” and the court’s decision is subject to “immediate execution.”

The deputy chairman of the synodal department of the Russian Orthodox Church for relations between the church and society and the media, Vakhtang Kipshidze, in a conversation with Kommersant, called the decision “fully consistent with the activities that the movement carries out in countries where they do not create restrictions for it.”

“We know well from the experience of Christians who adhere to conservative traditions that LGBT people in the West have become a weapon for suppressing Christian culture and, above all, for ousting the traditional Christian idea of ​​the family from the legal and public space. Western Christians undoubtedly suffer: their children are subject to the imposition of false ideas about marriage and family starting from school and kindergarten,” said Mr. Kipshidze. According to him, the decision of the RF Supreme Court is “self-defense of society from the imposition of ideas that are false to it.”

Managing partner of the Altavista law firm, Vladimir Voronin, says that the Supreme Court banned the “International LGBT Social Movement” “without a clear legal specification of this concept.” “Formally, the law provides such an opportunity,” he argues. “But a violent change in the foundations of the constitutional system, violation of the territorial integrity of the Russian Federation, public justification of terrorism and other terrorist activities can be labeled as extremist activity. It is not yet clear what definition applies to the LGBT community that did not participate in these actions. There are no specific signs of belonging to a banned community, just as there is no LGBT organization in the legal sense.” Lawyer Daria Gryaznova reminds that demonstration of same-sex relationships is punishable under Art. 6.21 Code of Administrative Offenses of the Russian Federation (fine up to 5 million rubles).

The Code of Administrative Procedure of the Russian Federation allows only a really existing organization to be recognized as extremist, for which the Ministry of Justice must submit to the court a decision on the creation of the movement, a charter and a document on the election of its leadership, recalls LGBT rights lawyer Maxim Olenichev (included by the Ministry of Justice in the register of foreign agents).

At the same time, he recalls the proceedings on the ban on the AUE movement, the headquarters of oppositionist Alexei Navalny and the Vesna movement (all three organizations are recognized as extremist and banned in the Russian Federation, the latter was also included in the register of foreign agents), where, according to him, the specified documents were not presented . The reasons for recognizing AUE as an extremist organization were its structure and controllability, recalls Mr. Voronin. According to him, the law allows an organization to be recognized as extremist “even in the absence of registration, but if the specified signs are present in its activities.” “This cannot be said about the LGBT community, which lacks structure and control, has an illegal agenda and aggressive propaganda of its views,” the lawyer believes. The court’s decision will not be published, so “we will not know what activities the court considered extremist,” says Mr. Olenichev. Without a motivational part, it is impossible to understand what “falls under the restriction: participation in a movement, sexual public self-identification or rainbow flags on social networks,” says lawyer and constitutional law expert Ivan Brikulsky.

According to Art. 15 of the Constitution of the Russian Federation, unpublished normative acts affecting the rights, freedoms and responsibilities of citizens cannot be applied. There are no such formal requirements for court decisions, the lawyer adds. Representative of the SOVA research center (created after the liquidation of the information and analytical center SOVA, recognized by the court as a foreign agent), Maria Kravchenko admits that in practice LGBT activism can be “equated with the continuation of the activities of an organization recognized as extremist” and cases can be brought under Art. 282.2 of the Criminal Code of the Russian Federation (punishment up to ten years in prison). “The reason for persecution may be the distribution or joint study of materials related to LGBT issues, holding group events, even friendly parties,” she believes. According to Ms. Kravchenko, in this situation, for displaying symbols of the LGBT movement, they may first be punished under Art. 20.3 of the Code of Administrative Offenses of the Russian Federation (fine up to 50 thousand rubles or administrative arrest for up to 15 days, also applies when demonstrating Nazi symbols.— “Kommersant”), and then – according to Art. 282.4 of the Criminal Code of the Russian Federation (up to four years in prison).

Vladimir Voronin admits that law enforcers will use a “broad interpretation of the law”: “Any manifestation of a sexual orientation that is non-traditional in their understanding, including symbols, or the use of “rainbow” colors of clothing can be equated to extremist activity.”

Maxim Olenichev says that the symbols of the banned organization had to be established by the court, and since its decision will not be published, it is possible to find out whether the rainbow flag is banned only after the first cases are initiated by law enforcement agencies.

Ivan Brikulsky fears that based on the formal criteria of a court decision, “the rights of those who do not identify themselves in any way with the LGBT movement” may be limited, which could “negatively affect an unlimited circle of citizens.” “Sooner or later, this issue must arise before the Constitutional Court of the Russian Federation, which has repeatedly emphasized that the state cannot interfere in issues of sexual autonomy and sexual self-determination,” he believes. Mr. Olenichev still does not expect a return to the Soviet practice of “criminal liability for same-sex relations.”

Lawyer Dmitry Agranovsky, however, said TASS, that “we are not and cannot be talking about discrimination against ordinary citizens who do not propagate the ideas of this movement and do not involve third parties in its participation.” He recalled that “the propaganda of non-traditional relationships has long been prohibited in the country, so nothing should change directly today for citizens who are not engaged in political struggle.” Mr. Agranovsky is confident that the banned LGBT movement is inherently political, its main goal is to impose an “agenda” and not to fight for equality.

Alexander Voronov, Pavel Korobov