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Log Cabin says Boehner helpful on ‘Don’t Ask’ vote

GOP election victories shine spotlight on gay Republican group

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Rep. John Boehner (R-Ohio), who is expected to become Speaker of the House in January, agreed to a request by the gay GOP group Log Cabin Republicans not to penalize House Republicans who voted in May for repeal of “Don’t Ask, Don’t Tell,” according to the group’s leader.

Log Cabin Executive Director R. Clarke Cooper said Boehner agreed to his request that the House minority leader not order a Republican whip count for an amendment to a defense authorization bill calling for repealing “Don’t Ask, Don’t Tell.” Whip counts are sometimes viewed as a means of pressuring members to vote the way party leaders want them to vote, and House GOP leaders, including Boehner, opposed the repeal amendment.

In what he called a conciliatory gesture, Cooper said Boehner agreed to his request to “no whip” the amendment during a conversation at a political event days before the House voted 234 to 194 on May 27 to approve it. Only five Republicans voted for the amendment, which was introduced by Rep. Patrick Murphy (D-Pa.).

“He did not do a whip count,” Cooper said. “And in the grand scheme of things it’s not the biggest deal on the planet. But I saw it as a positive indicator that he didn’t blow me off.”

The repeal measure died in a Senate filibuster. Senate Democratic leaders have promised to bring it up again later this month in a congressional “lame duck” session, but its prospects for passing are uncertain.

Meanwhile, with Republicans winning control of the House in Tuesday’s midterm elections, LGBT activists and Capitol Hill pundits will likely weigh Cooper’s interaction with Boehner as part of their assessment of whether gay Republicans will have access to and influence with House GOP leaders over pending LGBT legislation.

Although Democrats retained their control of the Senate, most political observers — including LGBT advocates — agree that major LGBT-related bills would have no chance of passing in Congress next year without the consent of Republican leaders like Boehner. And most observers believe House Republicans won’t allow gay bills to come to the House floor for a vote.

Cooper, however, said he and his Log Cabin team have a plan for persuading congressional Republican leaders to consider and agree to a vote on at least two gay bills. According to Cooper, one is an as yet to be unveiled tax reform bill that would address “tax inequities that affect the gay community.” The other is the Employment Non-Discrimination Act, or ENDA, which Democratic leaders declined to bring up for a vote during the past two years. The measure calls for banning employment discrimination based on sexual orientation and gender identity.

Cooper said the tax bill would appeal to “the broader conservative community” while addressing inequities in the gay community.

“We would be attracting new or additional allies that we’ve not had in the past,” he said. “There are several members of Congress right now who don’t have a record, good or bad, or who are unknown to our community. And this gives them an opportunity to put a toe in the water on doing pro-equality measures.”

Cooper said the tax bill, the details of which would be released at the start of the new Congress in January, would help pave the way for more Republican support for ENDA.

Other LGBT organizations issued statements Tuesday night saying the Republican takeover of the House and the increased number of Republicans elected to the Senate would essentially eliminate any chance of passing LGBT bills for at least two years.

National Stonewall Democrats, the Human Rights Campaign and the National Gay & Lesbian Task Force each released statements describing the new crop of Republican leaders as “anti-equality.”

HRC noted that Boehner; Rep. Eric Cantor (R-Va.), the expected new House majority leader; and Rep. Mike Pence (R-Ind.), the expected majority whip, each received an HRC scorecard rating of “0” on LGBT issues over the past two years.

D.C. Council member David Catania (I-At-Large), who won election to another term on Tuesday, said his opinion of the Republican Party as an impediment to LGBT equality hasn’t changed since he left the party in 2004 over its support for a constitutional amendment to ban same-sex marriage.

“If the question is what impact gay Republicans will have in a Republican-controlled Congress, the answer is none,” Catania said. “And if the last 10 years has demonstrated anything it’s that the Republican Party has no interest in a big tent, no interest in having gay Republicans at the table.”

“And the fact that gay Republicans continue to live in a fantasy land as if they mattered to the establishment in the GOP is mind blowing,” he said.

A spokesperson for House Speaker Nancy Pelosi (D-Calif.), who will be replaced as speaker by Boehner in January, gave an equally harsh assessment of the influence of gay Republicans under the new Congress.

“They have got to be drinking some serious Kool-Aid over at Log Cabin Republicans’ headquarters,” said Pelosi spokesperson Drew Hammill. “To think that a Republican majority would do anything to advance equality for the LGBT community is simply delusional.”

Mara Keisling, executive director of the National Center for Transgender Equality, which has been among the lead groups lobbying for ENDA, said she hopes Log Cabin does have access and influence over congressional GOP leaders.

But she noted that some of Log Cabin’s effort could be undercut by what appears to be a rival gay Republican group, GOProud.

Founded by conservative gay GOP activist Christopher Barron, who broke away from Log Cabin two years ago, GOProud received criticism from LGBT activists this fall for producing a campaign ad calling for the defeat of gay Rep. Barney Frank (D-Mass.). The ad accused Frank of being responsible for “the financial meltdown that devastated our economy” in his role as chair of the House committee that approved government bailouts for banks.

Other activists note that Log Cabin had its own financial meltdown in 2008, when money problems resulted in the layoff of its entire Washington staff. The group’s board and state and local chapters remained active and kept the group going until funds were raised to hire a new executive director and a small Washington staff.

Cooper and other Log Cabin supporters strongly dispute claims that congressional GOP leaders will ignore the group. They note that unlike the last GOP takeover of Congress, virtually none of the current crop of Republican candidates ran on an anti-gay or anti-same-sex marriage platform. Economic issues and the Tea Party-led revolt this year against “big government” overshadowed social issues like gay marriage, Cooper and other Log Cabin members said.

Richard Tafel, who served as Log Cabin’s executive director in the 1990s, told the Blade Tuesday that he believes the new GOP-controlled House will be far more receptive to LGBT equality issues than the GOP Congress he contended with nearly a decade ago.

“I think the Republicans have learned a very harsh lesson from the ‘90s, when I was there, which is gay bashing didn’t work. It was fundamentally a flaw … the Tea Party is all about fiscal responsibility,” he said, adding that the new GOP leadership will likely follow that path rather than expend resources opposing gay equality issues.

Gay Republican activist Jim Driscoll, who served on the Presidential Advisory Council on HIV/AIDS during the Bush administration, said Log Cabin’s influence “will be heavily dependent” on its willingness to support Republicans on non-LGBT issues like the economy and GOP positions on AIDS programs.

“Regardless of how Log Cabin fares, I believe that most Republican offices will be more receptive to openly gay Republicans than any time before,” Driscoll said. “Republicans will realize that this election was not won on social issues or gay baiting. In fact, nearly all Republican strategists and consultants advised their candidates to keep quiet or tone down on this one.”

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

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.

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Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

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.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

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. 

Texas users are greeted with this notice.

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.

Texas users are greeted with this notice.

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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