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Would we be better off under President Hillary?

Clinton’s gay supporters from 2008 weigh in on Obama’s performance

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Secretary of State Hillary Clinton (Washington Blade file photo by Michael Key)

Would a President Hillary Clinton have made more progress on LGBT issues over the course of her first term as opposed to what we’ve seen under President Obama?

The secretary of state certainly stole the spotlight on LGBT issues when she gave a high-profile speech in Geneva earlier this month calling for an end to anti-gay abuses overseas and emphasizing her previously stated belief that gay rights are human rights and human rights are gay rights.

“In our lifetimes, attitudes toward gay people in many places have been transformed,” Clinton said. “Many people, including myself, have experienced a deepening of our own convictions on this topic over the years, as we have devoted more thought to it, engaged in dialogues and debates, and established personal and professional relationships with people who are gay.”

MORE IN THE BLADE: WATCH THE HISTORIC GENEVA SPEECH

Clinton had a strong LGBT following in 2008 when she was competing against Obama for the Democratic nomination for president. There were many high-profile LGBT Clintonistas, although many of them became Obama supporters after he won the Democratic mantle.

Former members of Clinton’s 2008 LGBT steering committee praised her speech in Geneva, but noted that it took place as part of a coordinated effort under the Obama administration.

Elizabeth Birch, former executive director of the Human Rights Campaign and a Clinton backer in 2008, said the Clinton speech was “bold and historic,” but wouldn’t have taken place if President Obama didn’t want it to happen.

“It was as deeply thoughtful and intelligent as Secretary Clinton herself,” Birch said. “But we all know that the secretary of state serves the president and our nation. This speech took place because this administration — including Secretary Clinton — wanted it to take place.”

Peter Rosenstein, a gay D.C. Democratic activist and 2008 Clinton delegate, noted Clinton’s speech followed Obama’s speech at the United Nations in which he became the first sitting president to mention gay rights in a speech before the full U.N. General Assembly.

“I think Hillary made a brilliant, heartfelt speech on LGBT rights but let us not forget that President Obama spoke out first at the United Nations on the need to protect gay and lesbian people around the world,” Rosenstein said.

But questions linger among some Clinton supporters over what progress the LGBT community would have seen if she had won the presidency.

Clinton’s LGBT advocacy in her role as secretary of state has been aggressive. Early on during the administration, Clinton instituted a change to offer equal benefits to same-sex partners of Foreign Service officers.

The change allowed same-sex partners to have access to diplomatic passports, use of medical facilities at posts overseas, medical and other emergency evacuation privileges, compensation for transportation between posts and training in security and languages.

The Obama administration has no seen no shortage of major advancements for the LGBT community. Notable among them is passage of hate crimes protection legislation, repeal of “Don’t Ask, Don’t Tell” and the discontinuation of the defense of the Defense of Marriage Act in court.

Clo Ewing, an Obama campaign spokesperson, touted the president’s record in response to an inquiry on whether a President Clinton would have accomplished more than President Obama.

“President Obama’s administration has done more to advance LGBT equality than any other, accomplishing the repeal of ‘Don’t Ask Don’t Tell,’ signing the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act into law and ending discrimination based on gender identity in the federal government,” Ewing said. “And if he’s reelected, that progress will continue.”

Still, many LGBT advocates are frustrated that Obama has yet to come out in support of same-sex marriage. Obama has said he could “evolve” to support marriage rights, but more than a year has passed since he made that statement and he has yet to do so.

Moreover, one major piece of legislation that Obama backed during his 2008 campaign continues to languish in Congress: the Employment Non-Discrimination Act.

Passage would be difficult given the current makeup of Congress, but Obama in the interim could issue an executive order preventing federal dollars from going to contractors that don’t have their own non-discrimination protections based on sexual orientation and gender identity in place for workers.

Lane Hudson, a gay D.C.-based Democratic activist and 2008 Clinton supporter, thinks she would have made more progress on ENDA and marriage if she were president.

“My gut tells me that Hillary would have evolved to a position supporting full marriage equality,” Hudson said. “While her speech in Geneva didn’t mention it specifically, I feel that it is implied in her statement that ‘gay rights are human rights and human rights are gay rights.”

Hudson went to 10 states — including New Hampshire where Clinton won the primary — to campaign for the then-Democratic presidential candidate. He also served as host for LGBT-focused fundraisers in D.C.

Clinton, in her role as secretary of state, has continued to support civil unions as opposed to same-sex marriage. But, during a speech at the State Department this year commemorating June as Pride month, she praised the marriage law in New York, saying it, “gives such visibility and credibility to everything that so many of you have done over so many years.”

Still, she hasn’t endorsed marriage rights even as at least one other member of Obama’s cabinet has declared his personal support. Secretary of Housing & Urban Development Shaun Donovan expressed his support for same-sex marriage last month.

It’s difficult to say whether ENDA would be further along under a Clinton administration because employment protections haven’t been under her purview as secretary of state.

Still, Hudson said he believes Clinton would “have been more aggressive in helping to get ENDA passed into law.”

“Without question, Hillary would have been more successful at legislating,” Hudson said. “Not only does she have a solid record as a senator, but she would have been far more engaged with the Congress. ENDA didn’t even leave the House committee in the last Congress.”

But many prominent LGBT Clinton backers say they’re pleased with the Obama administration and she and the president have been working closely to advance LGBT issues.

Other former Clinton supporters were dubious that the secretary of state would have come out for marriage equality or guided ENDA to passage had she been elected president instead of Obama.

Hilary Rosen, a D.C.-based Democratic activist, called herself “Hillary Clinton’s greatest fan,” but expressed skepticism that Clinton would have succeeded on ENDA or evolved on marriage.

“ENDA is stuck in the Congress not the White House and I just don’t know if she would have changed her view publicly by now about marriage if she were president,” Rosen said. “And anyone who tells you they know is making it up.”

Birch said Obama achieved tremendous legislative success for the LGBT community — counting passage of hate crimes legislation and “Don’t Ask, Don’t Tell” repeal as two signature accomplishments — and said people should “work harder than ever in their lives to re-elect a president that invested in real change.”

“President Obama has achieved what no other president has ever achieved — a breakthrough of majority votes in the United States Congress to actually change the federal law of our country,” Birch said. “He has done it twice. He prioritized us and that is how it happened.”

Steve Elmendorf, a gay Democratic lobbyist, said he doesn’t think “we’d see any difference” if Clinton were president instead of Obama.

“I was an enthusiastic Hillary backer; I am an enthusiastic Obama backer now,” Elmendorf said. “In terms of passing of ‘Don’t Ask, Don’t Tell’ [repeal] and hate crimes, I think Obama has done a terrific job and, I think, the community should be enthusiastic about him — particularly if they watch the Republican primary process play out and see what the alternative is.”

Elmendorf, also a member of Clinton’s 2008 LGBT steering committee, said the only thing Obama hasn’t done is come out publicly for marriage equality, but noted Clinton also has yet to make such an endorsement.

“The opposition is so horrible, and marriage is just one issue and he’s got such a good record on just everything else that it doesn’t in any way diminish my enthusiasm for him,” Elmendorf said.

 

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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