They told us that homosexuality is not a crime. Which is true. But now, uttering words against homosexuality is a crime.

In a virtual session on 21st August, in reponse to a case filed in 2019 by the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, and Intersex (ABGLT), by a vote of 9-1, Brazil’s Federal Supreme Court (STF) has equated slurs against “LGBTQIAPN+ people” with the crime of racial slurs.

With the STF’s decision, transphobia and homophobia will be punished by prison sentences ranging from two to five years in addition to a fine. If the crime is committed by two or more people, the penalty can be doubled.

According to the case’s rapporteur, Justice Edson Fachin, since the Supreme Court recognized in 2019 that discrimination against LGBTQIAPN+ people constitutes racism, homo- or transphobia can be considered a racial slur.

Fachin stated: “The interpretation that restricts its application to cases of racism” leaving unprotected individuals from the LGBTQIAPN+ community “goes against not only the appealed judgment but the entire constitutional system.”

This decision is in accordance with Law 14.532/2023, which was passed by Congress and signed by President Luiz Inácio Lula da Silva on January 11, and classifies racial slurs as a racist crime.

Will uttering against Christianity and Christians be considered a crime too? I very much doubt it.

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