National
‘Don’t Go Home!’ until ‘Don’t Ask’ is done
Demonstrators demand Senators extend session
Supporters of open service in the U.S. military rallied on Capitol Hill Friday to urge the Senate to stay in session for as long as needed until lawmakers repeal “Don’t Ask, Don’t Tell.”
Braving the December cold, around 100 participants gathered near the U.S. Capitol at the Upper Senate Park for the event, which was organized by the Servicemembers Legal Defense Network.
Those in attendance shouted the refrain “Don’t Go Home!” as they demanded that lawmakers continue work on Capitol Hill until “Don’t Ask, Don’t Tell” is repealed.
The rally comes in the wake of a devastating defeat that supporters of “Don’t Ask, Don’t Tell” repeal suffered on Thursday when the Senate failed to move ahead with major defense legislation containing repeal language by a vote of 57-40, three votes short of the 60-vote threshold necessary to end a filibuster.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, told the crowd the vote represented a setback, but said supporters of repeal have “reported back for duty.”
“In this lame duck, we speak everyday for all LGBT service members as they fight for our freedom,” Sarvis said. “In this Congress, we raise our voices as one and say, ‘Senators, kill this law, kill this law before you go home!'”
A number of veterans and current service members — gay and straight — addressed the rally and called for an end to the military’s gay ban.
Mike Almy, a gay former Air Force communications officer who was discharged in 2008 under “Don’t Ask, Don’t Tell,” also called on the Senate to stay in session until work is done on lifting the military’s gay ban.
“The Senate wants … to go home to their families and not do their duties and sit by warm fireplaces comfortably in their homes for Christmas while the work remains unfinished,” Almy said. “If I can serve overseas in harm’s way for four Christmases defending our nation, the Senate can certainly do the same.”
Senate Majority Leader Harry Reid (D-Nev.) has set Dec. 17 as the target date for adjournment for the Senate, although some lawmakers, including Sens. Joseph Lieberman (I-Conn.) and Mark Udall (D-Colo.), have said they’re willing to stay in session through the week before Christmas to repeal “Don’t Ask, Don’t Tell.”
Ret. Maj. Gen. Dennis Laich, who’s straight served in the Army for 35 years, said repeal of “Don’t Ask, Don’t Tell” is needed because the ban compromises the integrity of the U.S. military.
“‘Don’t Ask, Don’t Tell’ acknowledges that gays and lesbians serve in our military, but pretends they’re not there,” he said.Ā “It destroys the values of that institution and on which it is based.”
Should the Senate not repeal “Don’t Ask, Don’t Tell,” Laich predicted what he called a “Spartacus moment” in which the estimated 66,000 gay and lesbian people serving in the military would declare their sexual orientations under the current law.
“How much does it cost to process the discharge of 66,000 service members?” Laich said. “How much does it cost to recruit and train their replacements? How long will it take to recruit and train those replacements? And how vulnerable will America be during this self-imposed national security crisis?”
Speakers at the rally had particularly strong words for senators who were among the “no” votes on Thursday preventing the “Don’t Ask, Don’t Tell” legislation from coming to the Senate floor.
Almy, an Ohio native whose family still lives in the state, said he was particularly disappointed in Sen. George Voinovich’s (R-Ohio) decision to vote against the legislation. The senator was considered a swing vote on moving forward with “Don’t Ask, Don’t Tell.”
“Yesterday, you shamed me with your vote as well as the rest of the Ohio veterans,” Almy said. “This is going to be your legacy. You are on the wrong side of history here Sen. Voinovich. I call on you here specifically to stay here in Washington and not leave.”
Two speakers who hailed from West Virginia also had harsh words for Sen. Joe Manchin (D-W.Va.), the only Democrat who voted against the motion to proceed Thursday on “Don’t Ask, Don’t Tell” repeal legislation.
Sgt. Jared Towner, a straight member of the West Virginia Army National Guard, said the “very, very established progressive youth element” in his state is disappointed in Manchin for his vote and could decline to back him when he’s next up for election in two years.
“We are the people that are going to be there — or we are the people that are not going to be there — in 2012,” Towner said. “You have to be there for us.”
Former Army Sgt. Pepe Johnson, a field artilleryman and Clarksburg, W.Va., native who was discharged under “Don’t Ask, Don’t Tell” in 2003, said he was “embarassed” because Manchin “decided to be a lone ranger” and vote against repeal.
“He said he’d only been in office for three weeks, so he didn’t have a chance to hear from the people of West Virginia,” Johnson said. “Well, Joe Manchin, if you can’t hear now, you better get a hearing aide!”
Many participants echoed the general tenor of the rally that Congress should stay in session for the time that’s needed to repeal “Don’t Ask, Don’t Tell” before going home.
Toby Quaranta, 25 and a gay D.C. resident, said he participated in the rally because he wants “people everywhere to know” that supporters of “Don’t Ask, Don’t Tell” repeal don’t want lawmakers to adjourn until the law is off the books.
“I think the Senate has a responsibility to the service members and to the people who just re-elected a lot of them to make sure that they get their business done before they leave town,” Quaranta said.
Bridget Geraghty, 25 and a lesbian D.C. resident, expressed frustration that the Senate was unable to act on “Don’t Ask, Don’t Tell” repeal when the vote came before the chamber on Thursday.
“I was seriously disappointed, but I guess not really surprised,” she said. “It’s never a surprise when Republicans don’t do what they’re supposed to do, and I think it was ridiculous that they are not letting this happen.”
One group of rally participants held up a banner during reading “In memory of Seaman August Provost, 1979-2009: All LGBT employees of the Department of Defense deserve EQUAL RIGHTS!”
Provost, a gay Navy seaman stationed at Camp Pendleton, Calif., was found dead on base last year and was possibly murdered because of his sexual orientation. He reportedly had complained to family members that was being harassed before he was killed.
Also among the rally participants was Rea Carey, executive director of the National Gay & Lesbian Task Force. Following the rally, she told the Blade she was “extremely disappointed” in the Senate vote on Thursday, but expected repeal advocates to continue toward their goal.
“I’m pleased that there are senators who are going to continue to push in this lame duck, and all of us at this rally and elsewhere around the country are going to push with them,” she said.
Many repeal advocates are pinning their hopes on new stand-alone legislation that Lieberman introduced in the Senate following the defeat on Thursday of the fiscal year 2011 defense authorization bill. The new stand-alone measure is identical to the repeal provision in the defense legislation.
Following the rally, Sarvis expressed optimism about the chances of passing the stand-alone repeal legislation in the lame duck and said repeal advocates are working to come up with 60 votes to move forward with the legislation in the Senate.
“The defense authorization bill, as a vehicle, became stale for a number of reasons,” he said. “Some senators talked about process or the procedure. I think our chances may well improve on a clean bill — clean in the sense of new introduction.”
Sarvis said attaching repeal language to the continuing resolution that Congress will soon vote on to extend funding for the U.S. government is another option on the table.
Still, Sarvis said using this measure as a vehicle for repeal would be “one of the last opportunities” for legislatively ending the military’s gay ban this year.
“Normally, the CR sometimes moves sometimes literally in the final hours,” Sarvis said. “So that is clearly an option that is out there.Ā That’s why SLDN has put it on the table.”
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 āderisive, 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 āit 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 ātext, 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.Ā Ā
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.SĀ imposed visa restrictionsĀ on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announcedĀ the suspension of new loansĀ to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act āfurther 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.ā 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.Ā
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.Ā
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.Ā
āApplying rational-basis review, the age-verification requirement is rationally related to the governmentās legitimate interest in preventing minorsā access to pornography,ā the three judge panel of the 5th Circuit explained. āTherefore, the age-verification requirement does not violate the First Amendment.ā
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower courtās 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 āineffective, haphazard, and dangerous.ā 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 DMVās Wallet app, which contains a mobile driverās license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateās 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 driverās licenses or other methods.
The Associated Press reported this past October that an adult entertainment groupās 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.
āAs 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.ā
āMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā the statement continues. āAs weāve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā
āUntil a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]ā 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 toĀ 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.
āAs you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,ā the message said. āWhile 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.ā
Courthouse News reportedĀ that after Virginiaās 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.Ā Ā
āWe 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,āĀ Lucas saidĀ on X, formerly Twitter. āWe will continue our work to keep pornography out of the hands of minors ā¦ but we will also work to ensure that this Governorās error does not put the privacy of Virginians at further risk.ā
Beyond the U.S. in the European Union, Pornhub and two more of the worldās biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUās Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as āvery large online platformsā 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 EUās 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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