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In 2012 election, are women the new gay?

GOP attacks on Planned Parenthood, contraception take center stage

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National Organization for Women President Terry O'Neill (photo by NOW via wikimedia.org)

Move over gays. The dominant social issue heading into the 2012 election isn’t marriage or “Don’t Ask, Don’t Tell,” but a topic many thought was resolved decades ago: women’s rights.

Republican presidential candidates rail against Planned Parenthood; the Senate votes on allowing employers to opt out of providing birth control coverage; and Republicans derail legislation aimed at helping women who are victims of domestic violence. As a result, some are asking: Are women the new gay?

Terry O’Neill, president of the National Organization for Women, said women’s rights have become the No. 1 social issue — creating a “truly unprecedented war against women” — because of the Tea Party’s success in the 2010 elections.

“In addition to health care services, this war on women really includes repeated efforts by conservative lawmakers to slash social programs, like Head Start and after-school programs and family planning centers as well as Medicare and Medicaid and Social Security,” O’Neill said. “These are all programs that women disproportionately rely on.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said women’s issues are a prominent part of public discourse in 2012, but not in a way that separates them from LGBT rights or other social issues.

“There are many women who are lesbian, bisexual and transgender,” Carey said. “If you look at Planned Parenthood, we know that many members of the LGBT community rely on Planned Parenthood for health services, so even if we’re looking at the attacks on Planned Parenthood — these are not separate from the attacks on our own community.”

Republican presidential candidates have criticized President Obama for instituting a regulation requiring employers — even religious organizations — to provide birth control as part of insurance coverage to female employees. In February, the rule was amended so companies with a moral objection could opt out of such coverage, but in their stead, the private insurers with which the employers contracted would have to offer contraception.

Republican presidential candidate Rick Santorum has railed against the change as an affront to religious liberty and attacked contraception, saying it leads to the spread of sexually transmitted diseases and unplanned pregnancies.

Santorum articulated his views in an interview with a conservative blogger last fall before he became a strong contender in the presidential race.

“One of the things I will talk about that no president has talked about is, I think, the dangers of contraceptives in this country,” Santorum said. “The whole sexual libertine idea. Many in the Christian faith have said, ‘Contraception’s OK.’ It is not OK. It’s a license to do things in the sexual realm that is counter to how things are supposed to be.”

Romney, viewed as a more moderate candidate in the race, has also articulated his views on women’s issues, telling a local reporter in Missouri earlier this month that he would “get rid” of Planned Parenthood.

“Of course you get rid of Obamacare, that’s the easy one, but there are others,” Romney said. “Planned Parenthood, we’re going to get rid of that.”

Romney campaign strategist Eric Fehrnstrom later clarified the former Massachusetts governor was talking about cutting federal funding for the organization.

Conservative talk show host Rush Limbaugh has joined the attacks related to contraception. On Feb. 29, he called Georgetown University law student Sandra Fluke a “slut” after she gave congressional testimony in support of mandating health insurers to cover contraceptive costs.

“It makes her a slut, right?” Limbaugh said. “It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception. She wants you and me and the taxpayers to pay her to have sex.”

Obama personally called Fluke to express solidarity with her after Limbaugh made the remarks. After advertisers began withdrawing from Limbaugh’s show, he apologized, saying his “insulting word choices” were meant to be “humorous.”

Planned Parenthood has taken the brunt of attacks as women’s issues have come to the forefront. In January, the Susan G. Komen organization, the largest breast cancer organization in the country, cut funding to Planned Parenthood after conservative Karen Handel was named senior vice president for public policy.

A public backlash ensued in which Planned Parenthood received nearly $1 million in donations — more than the $600,000 a year that Komen had contributed each year. The next month, Komen’s board of directors apologized, issuing a statement pledging, “to fund existing grants, including those of Planned Parenthood, and preserve their eligibility to apply for future grants.” Handel resigned a few days later.

The emphasis on women’s issues doesn’t mean Republican hopefuls haven’t addressed LGBT issues in their campaigns. Santorum and Romney back a Federal Marriage Amendment and have pledged to defend the Defense of Marriage Act in court.

Still, the discussion of LGBT rights this year hasn’t been as high profile or drawn as much media attention as women’s rights.

And it’s a far cry from 2004 when the issue of same-sex marriage was center stage in the presidential election. The legalization of same-sex marriage in Massachusetts and then-San Francisco Mayor Gavin Newsom’s decision to marry gay couples prompted both Democratic candidate John Kerry and former President George W. Bush to repeatedly declare their opposition to same-sex marriage. Bush made support for a Federal Marriage Amendment a cornerstone of his campaign.

Whether women’s issues will remain on the front-burner of the presidential campaign remains to be seen.

O’Neill said she thinks Republicans will drop women’s issues as a point of contention once they settle on Romney as their nominee.

“Mitt Romney is going to run to the center as hard as he can, and he’s going to run away as hard as he can from women’s issues because he gets that this war on women is a losing war for his party,” O’Neill said.

Moreover, LGBT rights might return to the forefront as voters in as many as five states — Minnesota, North Carolina, Maine, Washington and Maryland — take up the issue of same-sex marriage at the ballot.

Carey said she doesn’t want LGBT people to think they’re “off the hook” in the 2012 election because these issues will be coming up soon.

“I have no doubt that as the marriage amendments around the country start heating up, even more than they are now, we might have a similar conversation a few months from now saying, ‘Wow, the dominant conservation in the presidential election has become the marriage amendments,'” Carey said.

The emphasis on women’s issues isn’t just occurring in the national presidential contest; it can be seen at the state level as well.

In Virginia, Gov. Bob McDonnell signed legislation requiring women to have ultrasound exams before electing to have an abortion. The initial bill called for a vaginally invasive form of the examination, but was changed following protests.

At the same time, an anti-gay adoption bill that would allow private adoption agencies to discriminate in placements conflicting with their religious or moral beliefs, including on the basis of sexual orientation, is awaiting McDonnell’s signature.

In some instances, controversy over women’s rights issues has had a direct impact on LGBT issues.

On March 1, the Senate narrowly agreed by a vote of 51-48 to table a measure known as the “Blunt amendment.” Sponsored by Sen. Roy Blunt (R-Mo.), the measure was aimed at allowing not only religious groups but any employer with moral objections to opt out of contraception coverage for employees.

Retiring Sen. Olympia Snowe (R-Maine) was the only Republican to vote with Democrats to table the amendment. Other Republicans considered to be moderates — such as Sens. Scott Brown (R-Mass.), Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska)— voted with their caucus. Democrats joining Republicans were Sens. Bob Casey (D-Pa.), Joe Manchin (D-W.Va.) and Ben Nelson (D-Neb.).

But the amendment was seen as having an impact on LGBT people because its broad language could have also affected the health care services LGBT people receive. According to the Task Force, the measure could have allowed an employer to deny a gay man treatment for HIV/AIDS, hormone therapy for a transgender person or in-vitro fertilization for a lesbian couple.

The same could be said for the Violence Against Women Act reauthorization, legislation before the Senate that would extend and strengthen programs working to combat domestic violence. A vote on the bill, which was reported out by the Senate Judiciary Committee in February, is being held up by Republicans.

On March 15, a group of mostly women senators took to the Senate floor to decry Republican obstructionism, saying its passage is necessary to fund programs to help women who are victims of violence or sexual assault. Sen. Barbara Mikuski (D-Md.) was among the lawmakers who spoke out.

“We’ve got to remember our communities and our families, and I think if you’re beaten and abused, you should be able to turn to your government to either be rescued and put you on the path, and also to have those very important programs early on to do prevention and intervention,” Mikulski said.

But the VAWA reauthorization also impacts the LGBT community because it has language extending protections to people in same-sex relationships who are victims of domestic  violence.

The bill would make grants available for programs providing services to LGBT victims of domestic violence. Additionally, the bill contains non-discrimination language prohibiting VAWA grantees from discriminating against LGBT people.

These enumerated protections are among the reasons Republicans are blocking the bill from a Senate vote. During the committee markup of the bill, Sen. Charles Grassley (R-Iowa) voiced opposition to language protecting undocumented immigrants and expanding powers of Indian tribes as well as provisions for LGBT people.

“I agree that shelters and other grant recipients should provide services equally to everyone, but advocates of this provision haven’t produced data that shelters have refused to provide services for these reasons,” Grassley said. “The provision is a solution in search of a problem.”

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According to a 2010 report from the National Coalition of Anti-Violence Programs, 44.6 percent of LGBT domestic violence survivors were turned away by a shelter and 54.4 percent of LGBT survivors seeking an order of protection were denied help.

Sen. Dianne Feinstein (D-Calif.) articulated the need for LGBT provisions in VAWA reauthorization during her speech, saying opponents refuse to support the bill because of these expanded protections.

“In my view, these are improvements,” Feinstein said. “Domestic violence is domestic violence. I ask my friends on the other side, if the victim is in a same-sex relationship, is the violence any less real? Is the danger any less real because you happen to be gay or lesbian? I don’t think so.”

On Wednesday, House Minority Leader Nancy Pelosi (D-Calif.), Rep. Gwen Moore (D-Wis.) and other House Democrats were set to introduce their version of VAWA reauthorization. Like the Senate bill, the House Democrats’ version of the legislation was slated to have enumerated LGBT protections.

The Task Force’s Carey said the joint impact of these measures on women and LGBT people demonstrates the interconnectedness of the two communities.

“What we know, and I think society has learned over the past 40 years is that LGBT people are part and parcel of every other community in this country,” Carey said. “The Blunt amendment and the Violence Against Women Act are two specific examples of where our fates are tied.”

Progressive activists say the takeaway is that the LGBT community and women’s rights advocates should work together in the 2012 election as part of a broader coalition to protect their interests.

Hilary Rosen, a lesbian D.C.-based Democratic activist, also said the new attention to women’s issues demonstrates the need for the progressive coalition to stand together in the election.

“I think it means there is a great alliance forming — more important than in any recent election — among women, LGBT, Latinos and others depending on continued social progress in this country,” Rosen said. “Romney has declared he is going to be the ‘Etch-a-Sketch’ candidate, which means he doubles down on oppositon to all of us.”

Carey emphasized the importance of all elements of the progressive community standing together with women.

“One, we have shared opponents and shared future, and two, we are women, too,” Carey said. “Two, speaking as a lesbian myself, it’s hard to discern if there’s an attack on women, I can’t just put away my lesbian self for the night.”

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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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