Activism in the Time of Extremism: What Russia’s Supreme Court Ruling Means for the LGBT Community

By Abby Treadwell

On November 30, 2023, Russia further demonstrated its continued attempt to suppress the views of LGBT individuals and organizations.[1] Following a lawsuit filed by the Ministry of Justice, Russia’s Supreme Court held that the “international LGBT movement” shall be designated as an “extremist organization.”[2] This decision comes on the heels of a decades-long effort to criminalize advocacy from the LGBT community.[3]

Russia’s recent crack-down on the LGBT community is a relatively recent trend.[4] Following the fall of the Soviet Union in 1991, Russia actually began to shift towards a more liberalized approach to protections for the LGBT community.[5] Specifically, same-sex relationships were decriminalized, and individuals could legally seek a gender change on government issued identification.[6] Despite these seemingly progressive changes in the law, Russia still denied recognition of same-sex marriage and prohibited LGBT activism, which the government classified as “propaganda.”[7]

In 2013, the Duma, one of Russia’s chambers of parliament, began to shift its prior stance on LGBT liberalization through the passage of a new law that banned the distribution of “LGBT propaganda” to minors.[8] With the stated intent of protecting minors, the vaguely written law actually allowed for the wide-spread targeting of the Russian LGBT community through broad definitions of “propaganda.”[9] Regional equivalents to the federal law similarly targeted broad activism, which resulted in fines for organizers and artists, including Madonna and Lady Gaga.[10]

By 2022, further efforts by Putin to stifle the voices of LGBT activists culminated in the passage of a new law.[11] This law, which extends the prohibitions contained in the 2013 law, outlaws LGBT propaganda to all age groups, as opposed to just minors.[12] The law specifically makes it unlawful for any person or group to advance, what Russia deems, “non-traditional sexual relations” in public or online, as well as through film and advertising.[13] These laws represent, not only an attempt by Putin to suppress LGBT activism but also, a broad conservative push by Putin.[14] In particular, Putin’s regime has sought to instill a deeper respect for authority, religion, and patriotism.[15] Further, Putin has advocated for the preservation of traditional gender roles and sexuality in order to distinguish Russia from the culture of the west.[16]

LGBT activists take part in a protest against amendments to Russia's Constitution on July 15, 2020. Image courtesy of Shamil Zhumatov/Reuters/File and CNN.

Following a lawsuit initiated by the Ministry of Justice,[17] on November 30, 2023, Russia’s Supreme Court further cemented Russia’s stance by holding that all “international LGBT organizations” shall be designated as “extremist.”[18] In reaching its decision, the court emphasized the reason for this designation is the “social and religious hatred” these organizations perpetuate.[19] This ruling followed a closed-door, four-hour session in which no opposing arguments were permitted.[20]

The Russian Supreme Court’s decision has seen neither bi-partisan support nor opposition.[21] Many Russian citizens believe that the decision is necessary to maintain traditional values, with one citizen telling reporters that “the majority of people[,] at least that I know, my friends and acquaintances, share a negative attitude towards homosexuality. That's why it's the right decision for our country.”[22] Alternatively, others insist that the nation is moving from “bad to worse.”[23] A U.N. Human Rights Office Spokesperson has also expressed public concern by noting that “what this means for the LGBT community is its further repression of their fundamental rights.”[24] One Russian sociology professor at University College Dublin further opined on the ruling, explaining that “[y]ou are already marked as foreign, as bad, as a source of propaganda, and now you are labeled an extremist — and the next step is terrorist.”[25]

The decision by the Russian Supreme Court took effect immediately.[26] Although the ruling may appear seemingly straightforward, the application is anything but.[27] Pursuant to the Court’s decision, LGBT organization leaders may face between six and ten years of prison time.[28] Further, any display of a pride flag or other LGBT symbol or message may carry a term of imprisonment of up to four years.[29] In addition to prison time, news organizations, bloggers, or other individuals who post content online may also be at risk.[30] With this “extremist” designation, any online content which even mentions the “international LGBT movement” may be hit with massive fines.[31]

This decision has triggered alarm bells for many Russian LGBT activist organizations.[32] Although many have suggested that, given Russia’s past decade of LGBT repression, the decision is not surprising, there are still major concerns.[33] Many experts, including Igor Kochetkov, founder of the Russian LGBT Network, are unsure of how to advise organizations moving forward and note that it is too early to truly understand how the Supreme Court’s decision will impact activists.[34] Further, Kocketkov notes that “Even though there is no such thing as an international LGBT movement, it is clear that all legal activities of LGBT organisations will be impossible in Russia.”[35] 

While the true impacts of this recent decision by the Russian Supreme Court are unclear, what remains true is that Putin seeks to advance traditionalist values by any means necessary.[36]

[1] Neil MacFarquhar, Russia Declares Gay Rights Movement as ‘Extremist’, The New York Times (Nov. 30, 2023), https://www.nytimes.com/2023/11/30/world/europe/russia-gay-rights-law.html. 

[2] Id.

[3] Ashley Clark, Love in the Time of “Propaganda:” Russian Anti-LGBT Laws, the International Legal Response, and Future Implications, 24 Minn. J. Int’l L. Online 1, 5 (2015).  

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] The Facts on LGBT Rights in Russia, The Council for Global Equity (2014), http://www.globalequality.org/component/content/article/1-in-the-news/186-the-facts-on-lgbt-rights-in-russia.

[9] Id.

[10] Id.

[11] Radzhana Buyantueva, A history of LGBTQ rights in modern Russia: From progress to despair, LSE (Feb. 21, 2023), https://blogs.lse.ac.uk/europpblog/2023/02/21/a-history-of-lgbtq-rights-in-modern-russia-from-progress-to-despair/. 

[12] Id.

[13] Pjotr Sauer, Russia outlaws ‘international LGBT public movement’ as extremist, The Guardian (Nov. 30, 2023), https://www.theguardian.com/world/2023/nov/30/russia-supreme-court-outlaws-lgbt-movement.

[14] Id.

[15] Id.

[16] Id.

[17] MacFarquhar, supra note 1.

[18] Ellen Ioanes, Russia’s absurd claim that the LGBT community is extremist, explained, VOX (Dec. 5, 2023), https://www.vox.com/world-politics/2023/12/5/23988527/russia-anti-lgbtq-ruling-extremist-putin. 

[19] Id.

[20] Id.

[21] Russia’s Supreme Court bans “LGBT movement” as “extremist”, Reuters (Nov. 30, 2023), https://www.reuters.com/world/europe/russias-supreme-court-bans-lgbt-movement-extremist-2023-11-30/.

[22] Id.

[23] Id.

[24] Id.

[25] Id.

[26] MacFarquhar, supra note 1.

[27] Id.

[28] Id.

[29] Id.

[30] Id.

[31] Id.

[32] Id.

[33] Id.

[34] Id.

[35] Sauer, supra note 12.  

[36] Id.