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Romney, in his own (contradictory) words

GOP frontrunner’s tortured history on LGBT rights

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Mitt Romney speaks at high school rally in Bedford, N.H. (Blade file photo by Michael Key)

Republican frontrunner Mitt Romney has been criticized as a flip-flopper during his presidential campaign — and although he’s defended himself against accusations that his positions have pivoted on LGBT rights, his record shows that he’s also changed on these issues.

During a Dec. 15 debate in Sioux City, Iowa, when Fox News moderator Chris Wallace said Romney has changed his positions in the last 10 years on abortion, gay rights and gun control, the candidate took exception to this list and said his positions have been consistent on gay rights.

“I’m firmly in support of people not being discriminated against based upon their sexual orientation,” Romney said. “At the same time, I oppose same-sex marriage. That’s been my position from the beginning.”

But an examination of Romney’s previous statements reveals any assertion that he’s held the same positions on LGBT rights — including opposition to same-sex marriage — since the beginning of his political career is false.

From marriage to “Don’t Ask, Don’t Tell” to civil unions to the Employment Non-Discrimination Act, Romney’s positions have wildly changed as he has pursued different offices and public opinion has grown to support LGBT issues.

Most of Romney’s earlier pro-LGBT positions can found in a 1994 letter that he wrote while running as a U.S. Senate candidate in Massachusetts against the late Sen. Edward Kennedy. In the missive, Romney boasted he could go further on gay rights than Kennedy, saying “I will provide more effective leadership than my opponent.”

“If we are to achieve the goals that we share, we must make, we must make equality for gays and lesbians a mainstream concern,” Romney said. “My opponent cannot do this. I can and will.”

Romney pledged to co-sponsor a version of ENDA, and if possible to expand the measure to include housing and credit. The then-Senate candidate also called “Don’t Ask, Don’t Tell,” which had been recently signed into law by former President Clinton, a first step in a process that will “ultimately lead to gays and lesbians being able to serve openly and honestly in our nation’s military.”

But prior to the 2008 election when Romney began pursuing his presidential ambitions, his support for employment non-discrimination legislation and open service vanished.

For example, in a 2006 interview with the National Journal, Romney said when asked about his previous support for that he doesn’t “see the need for new or special legislation” because passage of the bill would open a floodgate of litigation.

In 2007, Romney said during a presidential debate he “was wrong” in thinking “Don’t Ask, Don’t Tell” was a silly idea and said “it seems to be working.” The candidate continued to say repeal would be “a social experiment” and that he “wouldn’t change it” during a time of war.

Asked again during his current campaign about “Don’t Ask, Don’t Tell” during an editorial board meeting with the Des Moines Register in December, Romney pivoted again, saying he’s “not planning on reversing” open service now that wars are over.

Even on marriage, Romney has changed in his opposition to gay nuptials. In an interview with Bay Windows in 1994, Romney said marriage is “a state issue as you know – the authorization of marriage on a same-sex basis falls under state jurisdiction.”

But that position changed after the Massachusetts Supreme Court under his watch as governor legalized same-sex marriage, prompting him to call for a Federal Marriage Amendment.

Still, his vision for a U.S. constitutional amendment banning same-sex marriage has changed even over the course of his current campaign. In an August debate, Romney said marriage isn’t “an activity that goes on within the walls of a state” and said it “should be constant across the country.”

But in a December interview with the Boston Herald, Romney said his vision of a Federal Marriage Amendment would allow existing same-sex marriages to remain intact.

“I think it would keep intact those marriages which had occurred under the law but maintain future plans based on marriage being between a man and a woman,” Romney said.

That vision of allowing states to maintain existing same-sex marriages would, at least temporarily, result in varying laws with respect to marriage for state throughout the country.

LGBT rights groups on the right and left said Romney’s varied positions on LGBT rights demonstrates either a lack of character or his willingness to reconsider his views on the issues depending on the political alignment of the organization.

Jimmy LaSalvia, executive director of the gay conservative group GOProud, commended Romney for repeatedly speaking out against discrimination in debates, despite his changing positions on LGBT issues.

“He’s been consistent in his opposition to discrimination,” said LaSalvia, who’s endorsed Romney. “He has a record of hiring gay people, and, as governor, he appointed gay people to high-level positions.”

Jerame Davis, executive director of the National Stonewall Democrats, said Romney’s varied positions on LGBT rights demonstrates Romney “clearly has no moral compass and will say anything to get elected.”

“The only thing Mitt Romney stands for is Mitt Romney,” Davis said. “On issue after issue — LGBT or otherwise — he has pandered to the least common denominator and allowed the political winds to guide his every word.”

A roundup of Romney’s statements on LGBT issues follows:

On the Employment Non-Discrimination Act

In a 1994 letter to Log Cabin Republicans, Romney said he would co-sponsor ENDA:

“We have discussed a number of important issues such as the Federal Employment Non-Discrimination Act (ENDA), which I have agreed to co-sponsor, and if possible broaden to housing and credit.”

In a 2006 interview with National Review Online, Romney said he no longer supports ENDA:

“I don’t see the need for new or special legislation. My experience over the past several years as governor has convinced me that ENDA would be an overly broad law that would open a litigation floodgate and unfairly penalize employers at the hands of activist judges.”

In a 2007 interview on “Meet the Press,” Romney said ENDA-like laws should be left to the states:

“At the state level, I think it makes sense for states to put in provision of this. I would not support at the federal level, and I changed in that regard because I think that policy makes more sense to be implemented at the state level. If you’re looking for someone who’s never changed any positions on any policies, then I’m not your guy. I learn from experience.”

On ‘Don’t Ask, Don’t Tell’

In a 1994 letter to Log Cabin Republican, Romney called “Don’t Ask” a transitional policy that would lead to open service:

“One issue I want to clarify concerns President Clinton’s ‘Don’t Ask, Don’t Tell, Don’t Pursue’ military policy. I believe that Clinton’s compromise was a step in the right direction. I am also convinced that it is the first of a number of steps that will ultimately lead to gays and lesbians being able to serve openly and honestly in our nation’s military.”

In a 2007 GOP debate at Saint Anselm College, Romney said “Don’t Ask” was working:

“When I first heard of the ‘Don’t Ask, Don’t Tell’ policy, I thought it sounded awfully silly. I didn’t think that would be very effective. And I turned out to be wrong. It’s been the policy now in the military for what, 10, 15 years, and it seems to be working. This is not the time to put in place a major change, a social experiment, in the middle of a war going on. I wouldn’t change it at this point.”

In a June 2011 debate in New Hampshire:

“I believe it should have been kept in place until conflict was over.”

In 2011, he spoke about open service with the Des Moines Register:

“That’s already occurred and I’m not planning on reversing that at this stage. … I was not comfortable making the change during a period of conflict, by virtue of the complicating features of a new program in the middle of two wars going on, but those wars are winding down and moving in that direction at this stage no longer presents that problem.”

On civil unions

From a 2003 document found on the governor’s old website:

A day after the Supreme Judicial Court decision, Gov. Romney told reporters that he believed a civil unions statute would “be sufficient” to satisfy the justices’ concerns. Joining Romney in the call for civil unions legislation was Rep. Eugene O’Flaherty, chair of the House Committee on the Judiciary.

In a 2005 interview with Chris Matthews on MSNBC’s “Hardball” on the difference between civil unions and marriage:

“I’d rather have neither to tell you the truth. I’d rather have domestic partnership benefits, such as hospital visitation rights for same-sex couples. I don’t want civil unions or gay marriage, but there is a difference. Even with just the word, there’s a difference.”

In 2012, a Romney campaign spokesperson reaffirmed the candidate’s opposition to civil marriage:

“[H]e has not been in favor of civil unions, if by civil unions you mean the equivalency to marriage but without the name marriage. What he has favored, and he talked about this, I believe, last night, was a form of domestic partnership or a contractual relationship with reciprocal benefits.”

On LGBT Pride

Text from 2002 Pride flier from Romney’s gubernatorial campaign:

“Mitt and Kerry wish you a great Pride weekend. All citizens deserve equal rights, regardless of their sexual preference.”

In 2012, Romney’s campaign disavowed the letter:

“I don’t know where those pink fliers came from. I was the communications director on the 2002 campaign. I don’t know who distributed them … I never saw them and I was the communications director,” Eric Fehrnstrom said.

On same-sex marriage

Romney in 1994 to gay newspaper Bay Windows:

Same-sex marriage is “a state issue as you know – the authorization of marriage on a same-sex basis falls under state jurisdiction.”

In 2004 testimony before Congress:

I join with those who support a federal constitutional amendment. Some retreat from the concept of amendment, per se. While they say they agree with the traditional definition of marriage, they hesitate to amend. But amendment is a vital and necessary aspect of our constitutional democracy, not an aberration.

In an August 2011 debate:

“Marriage should be decided at the federal level. You might wonder, why is that? Why wouldn’t you just let each state make their own decision? And the reason is, people move from state to state of course in a society like ours. … Marriage is a status; it’s not an activity that goes on within the walls of a state. And as a result, our marriage-status relationship should be constant across the country. I believe we should have a federal amendment to the constitution that defines marriage as a relationship between a man and a woman.”

In a December 2011 interview with the Boston Herald:

Romney expressed support for a constitutional amendment that could create a complex three-tier system of marriage —maintaining marriage rights for straight couples, allowing gays who have already married to remain married, but barring future same-sex marriages.

“I think it would keep intact those marriages which had occurred under the law but maintain future plans based on marriage being between a man and a woman,” Romney said.

In 2011 he told the Des Moines Register:

“I would like to see a national amendment defining marriage as a relationship between a man and a woman. But that was tried maybe three or four years ago. I don’t think that’s likely to receive the necessary support, at least in the near term.”

During a January 2012 debate:

Romney said he’ll advocate for “full rights” for gay people, although he said he remains opposed to same-sex marriage.

“If people are looking for someone who will discriminate against gays or will in any way try and suggest that people — that have different sexual orientation don’t have full rights in this country, they won’t find that in me,” Romney said.

 

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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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