Connect with us

National

Reporters grill Carney on marriage, Prop 8 ruling

No comment on court decision; no update on Obama’s marriage views

Published

on

White House Press Secretary Jay Carney faced a flurry of questions Tuesday about President Obama’s evolving position on same-sex marriage and his reaction to the court decision that California’s Proposition 8 is unconstitutional.

In response to the questioning, Carney said he didn’t have a comment on the decision, although he noted the president hasĀ “long opposed divisive and discriminatory efforts that deny rights and benefits to same-sex couples.”

A total of six news outlets asked Carney about marriage and the Proposition 8 decision: Reuters, the Wall Street Journal, NBC News, the Huffington Post, American Urban Radio and the Washington Blade.

Under questioning from the Blade, Carney dodged an inquiry about whether Obama ā€” who came out against Prop 8 when it was on the ballot in 2008 and called it “unnecessary” ā€” also believes the measure is unconstitutional.

“I’m not going to comment on litigation particularly as here where we are not party to it, but the president’s positions on these issues writ large are well known, and he’s long opposed divisive and discriminatory efforts to deny right and benefits to same-sex couples,” Carney said.

Pressed by the Blade further on whether Obama’s lack of support for marriage equality but opposition to “divisive and discriminatory” efforts such as Proposition 8, a ban on same-sex marriage, represents an inconsistency, Carney said he didn’t have an update on the president’s position on same-sex marriage, but explained the distinction.

“I can tell you that divisive and discriminatory efforts to deny rights and benefits is something this president has long opposed,” Carney said. “And I think that’s an important point to make. These are proactive and deliberate efforts to deny benefits and to be discriminatory.”

Asked by NBC News whether the Ninth Circuit court decision will inform Obama’s evolution on marriage, Carney said the ruling had come out too recently for him to provide an answer.

“The decision was made within the hour before I came out here, so I haven’t had that conversation,” Carney said.

American Urban Radio pressed Carney further about when Obama’s evolution would come to an end and whether that would take place before June or the general election. Carney, however, said he doesn’t “have a timetable.”

“As the president discussed when he answered this question a while back, this is a process that involves his faith and the way he views these issues,” Carney said.

Asked whether he’s had conversations with members of the LGBT community on this issue, Carney said he isn’t aware of any talks.

“The president has a lot of conversations with a lot of people, and I canā€™t say one way or the other whether or not heā€™s had that discussion with anybody,” Carney said. “He may have, but Iā€™m not aware of it.”

Meanwhile,Ā GOP presidential front-runner Mitt Romney condemned the Prop 8 court ruling.

ā€œToday, unelected judges cast aside the will of the people of California who voted to protect traditional marriage,ā€ Romneyā€™s statement said. ā€œThis decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.ā€

R. Clarke Cooper, executive director of the National Log Cabin Republicans, said Romney was issuing a “kneejerk” reaction to the ruling.

“In a time when conservatives agree that the institution of marriage is in need of support, Republicans should celebrate gay and lesbian Americans embracing the ideals of marriage and creating families,” Cooper said. “Gov. Romney’s comments attacking the court for striking down Proposition 8 reflect an unfortunate kneejerk opposition to expanding liberty and a poorly calculated political effort to appeal to a shrinking base of primary voters opposed to marriage equality.”

A transcript of the exchange between reporters and Carney on the marriage issue follows:

Reuters: Does the White House have a reaction to the appeals court ruling on California’s gay marriage ban?

Jay Carney: I don’t have a comment on litigation in general, and this litigation, to which we are not a party. Beyond that, I can say that the president has long opposed divisive and discriminatory efforts that deny rights and benefits to same-sex couples.

Washington Blade: I just want to follow up on the Prop 8 ruling. Back in 2008, candidate Obama came out against Proposition 8 when it was on the ballot, calling it “unnecessary.” I’m just wondering if the president shares the belief that the measure is also unconstitutional.

Carney: Well, again, I’m not going to comment on litigation particularly as here where we are not party to it, but the president’s positions on these issues writ large are well known, and he’s long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples. But I don’t have anything more for you on that.

Blade: I want to follow up really quickly on that, though. You said the president opposes “divisive and discriminatory” efforts against same-sex couples, but the effort here ā€” the issue in question is marriage, so isn’t it inconsistent for the president to not support same-sex marriage and also to be against such measures?

Carney: Well, I don’t have any update for you on that particular issue in regards to the president’s views. I can tell you that divisive and discriminatory efforts to deny rights and benefits is something this president has long opposed. And I think that’s an important point to make. These are proactive and deliberate efforts to deny benefits and to be discriminatory.

Wall Street Journal: On Proposition 8, just in general, is it still the president’s view that same-sex marriage is an issue that should be decided by the states ā€” each individual state?

Carney: However you might want to tease out an evolutionary position on this ā€”

Journal: I’m just asking you what his position is. Has his position changed that states should make these decisions?

Carney: I have no announcement of any changes.

Journal: Given that that is his latest position that states should make the decision, why would he not be supportive of California making the decision through the vote of Proposition 8 to ban same-sex marriage?

Carney: Well, because he opposes divisive and discriminatory efforts to deny rights and benefits to same-sex couples. Again, I’m not commenting on specific litigation. I’m talking about his general opposition.

Journal: All sorts of states have banned same-sex marriage. Are all of those divisive and discriminatory as well?

Carney: I can’t at this moment stand here and analyze each one. I can just tell you the president’s long opposition to divisive and discriminatory efforts ā€” you know his position. You know where it stands now with the issue of same-sex marriage, so I really don’t have much to add on it.

Journal: But there’s a fundamental inconsistency. Correct me if I’m wrong. If he says on one hand, it’s up to the state to decide, but those states who decide that they’re against it are divisive and discriminatory. So, I just wanted you correct me if I’m missing something.

Carney: Well, again I’m not offering a blanket. I’m talking about general efforts that are divisive and discriminatory. I’m not making an assessment on specific states or state laws.

Journal: How is this not just complete hypocrisy if he’s saying that it’s up to states to decide, but he won’t back a state that does make the decision?

Carney: Laura, I’m not going to comment on specific litigation or a specific state. I can say the president has long opposed divisive and discriminatory efforts to deny right and benefits to same-sex couples, and his overall record on the issue of LGBT rights is well known and is one that he’s very proud of.

NBC News: I want to try just one more on Proposition 8. How does today’s ruling on Proposition 8 inform the president’s view on same-sex marriage, which he said is evolving?

Carney: I just don’t have anything to add about that. The decision was made within the hour before I came out here, so I haven’t had that conversation.

NBC News: Without getting into the decision ā€”

Carney: I don’t know. You’re asking me how his view is changed by this decision. I don’t know.

Huffington Post: I’m just curious how the president can be proactively against divisive and discriminatory efforts to deny people civil rights and not proactively be for the concept of marriage equality?

Carney: Sam, I totally appreciate the question. But I’m not here to announce a new position.

Huffington Post: I want just to illuminate the current position a little bit better.

Carney: Again, I would refer you to the comments the president had made on this issue. I don’t have any changes to provide to you.

American Urban Radio: When will we have a firm decision on this evolution? You have strong groups, groups that have strong thoughts and convictions on this, LGBT groups, you have religious groups, you have civil rights groups and so many others. Will we see a decision by June or before the general election on his evolution and his mindset on this?

Carney: I just don’t have a timetable to provide to you, April. I appreciate the question. As the president discussed when he answered this question a while back, this is a process that involves his faith and the way he views these issues. And as he said, and I won’t go beyond that, his views are evolving. But I don’t have an end point to announce to you or a date certain to tell you that he’ll have to say about that issue.

American Urban Radio: He has strong support from the LGBT community. Is he in consultation with many members of the community about this evolving mindset? When is the last time ā€”

Carney:Ā The president has a lot of conversations with a lot of people, and I canā€™t say one way or the other whether or not heā€™s had that discussion with anybody. He may have, but Iā€™m not aware of it.

Watch the video of the Blade’s questioning with Carney here:

http://www.youtube.com/watch?v=SFsxzw3-GfA

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

U.S. Supreme Court

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

Students argue First Amendment protects performance

Published

on

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 ā€œderisive, 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 ā€œit 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 ā€œtext, 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.

Continue Reading

Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

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

Published

on

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.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 ā€œfurther 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.

Continue Reading

Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

Published

on

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.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 

ā€œApplying rational-basis review, the age-verification requirement is rationally related to the governmentā€™s legitimate interest in preventing minorsā€™ access to pornography,ā€ the three judge panel of the 5th Circuit explained. ā€œTherefore, 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 courtā€™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 ā€œineffective, 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 DMVā€™s Wallet app, which contains a mobile driverā€™s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateā€™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 driverā€™s licenses or other methods.

The Associated Press reported this past October that an adult entertainment groupā€™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.

ā€œAs 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€

ā€œMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā€ the statement continues. ā€œAs weā€™ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā€

ā€œUntil 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.

ā€œAs 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. ā€œWhile 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 Virginiaā€™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.Ā Ā 

ā€œWe 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,ā€Ā Lucas saidĀ on X, formerly Twitter. ā€œWe will continue our work to keep pornography out of the hands of minors ā€¦ but we will also work to ensure that this Governorā€™s 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 worldā€™s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUā€™s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as ā€œvery 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 EUā€™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.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular