Brazil's highest court says LGBTQ discrimination should be a crime

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Brazil's highest court says LGBTQ discrimination should be a crime
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Brazil's top court indicated that it would outlaw discrimination based on sexuality or gender.

A huge rainbow flag is unfolded during the annual gay pride parade in Sao Paulo, Brazil, on June 10, 2012.

A court majority said Thursday that Congress had acted unconstitutionally by failing to include homophobia and transphobia within its anti-discrimination statutes. While the court has not yet formally ruled, the expected outcome would be a rebuke of President Jair Bolsonaro, who has a history of anti-LGBTQ statements.

The Supreme Federal Court is acting on two cases brought by an LGBTQ rights group and the Popular Socialist Party in 2012 and 2013, arguing that Congress was dragging its feet on criminalizing discrimination based on sexual orientation and gender identity. The court considered the cases over four days in February, when four justices — short of a majority — said such behavior should be criminalized. The case was resumed Thursday, and two more justices agreed, creating a majority.

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