National
Providence mayor makes bid for Congress
The mayor of Providence, R.I., last weekend announced he is running for Congress, making him one of several openly gay candidates slated to be on ballots this fall.
David Cicilline, who’s served as mayor since 2003 and was the first openly gay mayor of a state capital, formally declared Feb. 13 that he wouldn’t pursue another term as mayor and would instead seek the congressional seat that will be vacated at the end of the year when pro-LGBT lawmaker Rep. Patrick Kennedy (D-R.I.) retires.
In an interview with DC Agenda, Cicilline said he wanted to pursue a run to represent Rhode Island’s 1st congressional district because of the economic hardships his state is facing and Washington’s slow response in addressing the issue.
“Over the past 18 months, it has become very clear to me that Washington has really lost sight of what is happening to the hard-working middle-class in cities and towns across this country,” he said.
Rhode Island has been hit particularly hard by the recession. According to the Bureau of Labor Statistics, the unemployment rate for the state in December 2009 was 12.9 percent, putting it just behind Michigan and Nevada among states with the highest unemployment.
“People are sick of reading about hundreds of billions of dollars being spent on bank bailouts and hundreds of billions of dollars being spent on bailing out the Big Three car companies, and they do not feel like Washington is doing anything to improve their lives,” he said.
Cicilline said he’s heard “every single day” about families in his home state who are concerned about whether they can “keep the job that they have, whether they can be able to find work, or whether they can afford their rent.”
“I think what we need in Washington, what I really bring to this work, is [a] very practical problem solving approach,” he said. “That’s what mayors do. We sit around, we sit down and try to bring people together who have divergent views and deal with the hard issues and fashion solutions to come up with answers to address problems every day.”
But Cicilline isn’t the only Democratic candidate seeking to represent his district in Congress. William Lynch, who recently stepped down as Rhode Island’s state Democratic Party chair after 12 years, also announced on Saturday his candidacy for the seat.
In a Sept. 14 primary, voters in Rhode Island’s first congressional district will decide who will be the Democratic nominee for the general election. The winner of the primary will most likely take on John Loughlin, the Republican candidate whom the GOP seems poised to nominate.
Loughlin is an Army veteran and Rhode Island State House member who has had notable success raising money. According to the Federal Election Commission web site, Loughlin has raised more than $246,000 for his campaign.
As a gay man, Cicilline said he’s “very, very committed” to supporting legislation and issues that would “affect my community and provide for equality at every level of state, local and federal government.”
“I think when you get elected to any office, you bring to that office your — who you are,” he said. “All of your life experiences and who you are as a person contribute to the way you look at issues, the issues that you care about.”
Cicilline said he would vote in favor of the Employment Non-Discrimination Act and the Uniting American Families Act, as well as back repeals of “Don’t Ask, Don’t Tell” and the Defense of Marriage Act.
While saying he would as a member of Congress step up to support the LGBT community, Cicilline said he didn’t think his sexual orientation would provide any additional challenge for him in his campaign. He noted that his sexual orientation wasn’t an issue in his runs for mayor.
The Gay & Lesbian Victory Fund hasn’t yet determined whether to endorse Cicilline in his run for Congress, although the organization had endorsed him in previous mayoral bids and his campaign this year for a third term as mayor.
Denis Dison, a Victory Fund spokesperson, said the process by which the organization determines its endorsements is the same for candidates in all races, but that evaluating whether or not to endorse Cicilline will be “a little bit of an easier load” because the organization is already familiar with him.
“We have endorsed this candidate multiple times; it’s not like we have to get to know him,” Dison said. “It’s a matter of doing the work on the ground and talking to local politicos and party leaders and things like that — just to make sure that we have crossed our T’s and dotted our I’s before we endorse.”
Dison declined to comment on whether the Victory Fund and the Cicilline campaign have held any conversations about an endorsement.
Cicilline said he’s looking for both the Victory Fund and the Human Rights Campaign to endorse him in his bid for Congress.
“They’ve endorsed me for both of my previous races — the Gay & Lesbian Victory Fund — so I don’t want to be presumptuous, but I hope to be endorsed by both organizations in this campaign,” he said.
Cicilline’s candidacy means he’s joining other gay candidates who are pursuing a run for Congress. Steve Pougnet, who’s gay and mayor of Palm Springs, is seeking to oust incumbent Rep. Mary Bono Mack (R-Calif.) to represent California’s 45th congressional district.
Should Pougnet succeed, he would be the first openly gay person who’s legally married with children to serve in Congress.
The Victory Fund has endorsed Pougnet, making him the only non-incumbent, openly LGBT person the organization has endorsed in a run for Congress.
Dison said the Democratic Party is looking at this seat as a possible pickup, but it’s too early to determine whether Pougnet will be in a good position to beat Bono Mack in November.
“Nobody’s really in the thick of it yet, and that’ll become clear later on, but he’s been a fantastic fundraiser so far for a non-incumbent, so there’s definitely hope there.”
According to the Federal Election Commission, Pougnet has raised more than $563,000 for his campaign and Bono Mack has raised more than $992,000. While Pougnet is behind in fundraising, challengers typically raise less than incumbents.
Andy Stone, spokesperson for the Democratic Congressional Campaign Committee, said Pougnet is doing what’s needed to mount a serious challenge to Bono Mack this fall.
“Mayor Pougnet is aggressively raising the necessary funds and it’s clear that Congresswoman Bono Mack is already feeling the heat from this formidable challenger,” he said.
Pougnet has been heralded as a supporter for LGBT causes and as a strong fundraiser for the campaign against Proposition 8 in California. When same-sex marriage was available in the Golden State in 2008, Pougnet married 118 couples in his capacity as mayor of Palm Springs, more than any other mayor in the state.
Still, some perceive Pougnet as running against a pro-gay Republican. Bono Mack voted twice against the Federal Marriage Amendment and has supported hate crimes legislation as well as ENDA.
Another openly gay candidate seeking a seat in Congress is Ed Potosnak, a former staffer for Rep. Mike Honda (D-Calif.) and public school teacher who’s running to represent New Jersey’s 7th congressional district.
Potosnak, currently the only Democratic candidate running for the nomination in that district, said he’s pursuing a seat in Congress because of the economic hardship that many people in New Jersey face.
“For me, what really prompted me to run for Congress is the fact that I’m not a career politician,” he said. “I’m someone who has really lived through struggles of the middle class, and I think that real world experience positions me well to address the problems that our families are facing.”
If elected, Potosnak said he’d support ENDA and UAFA, as well as repeals of “Don’t Ask, Don’t Tell” and DOMA.
Still, Potosnak is running in a district that Republicans have won consistently since 1980. And the one-term GOP incumbent he’s challenging, Rep. Leonard Lance (R-N.J.) voted in favor of hate crimes legislation last year and is a co-sponsor of ENDA.
But Potosnak said the LGBT community shouldn’t support Lance because the lawmaker has been unhelpful in the struggle to win relationship recognition in New Jersey.
“As a state legislator, before he came to Congress, he didn’t support civil unions and he also is undecided on whether it should be repealed in the state,” he said. “He’s also undecided on whether there should be a constitutional ban or a definition of marriage between in a man and a woman.”
The Lance campaign couldn’t immediately be reached for comment on the lawmaker’s position on relationship recognition.
Steven Goldstein, chair of Garden State Equality, said his organization wishes Potosnak good luck “in a very challenging district.”
“Garden State Equality has made endorsements in federal races,” Goldstein said. “We target districts, based on not just issues, but also electability.”
Since Potosnak has only recently declared his candidacy, his fundraising numbers aren’t yet available on the Federal Election Commission web site. Lance has already raised nearly $584,000 for his campaign.
The incumbent gay lawmakers in Congress — Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.) and Jared Polis (D-Colo.) — are expected to seek re-election. Dison said he didn’t know whether the three House members would have any difficulty in retaining their seats.
“I just have not studied the races and seen what the position is,” he said. “We’re preparing for that eventuality, of course.”
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.
The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.
When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.
The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”
The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”
Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”
Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.
Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.
Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.
Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.”
“I really wanted to meet with community members and understand the impacts on them,” he said.
Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.”
The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.
“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.
“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.
Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.
“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.
Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.
Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act.
Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.
Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act.
Gilliam noted authorities have arrested and charged Ugandans under the law.
Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.
The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.
“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”
The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.”
“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.”
Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.
“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.
Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography.
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.
“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements.
The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as “ineffective, haphazard, and dangerous.” The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.
Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.
The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMV’s Wallet app, which contains a mobile driver’s license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driver’s licenses or other methods.
The Associated Press reported this past October that an adult entertainment group’s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.
Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.
“As you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.”
“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”
“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” the message ends with.
The company previously blocked Utah on May 7, 2023. CNN reported at the time:
Affected users are shown a message expressing opposition to Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.
“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.”
Courthouse News reported that after Virginia’s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.
“We passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”
Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EU’s executive branch.
They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.
In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.
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