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EXCLUSIVE: Baldwin calls for marriage equality plank in Dem platform

Renews call for ENDA to address workplace discrimination

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Tammy Baldwin, Wisconsin, gay news, Washington Blade

U.S. Senate candidate Tammy Baldwin speaking at the Gay & Lesbian Victory Fund’s annual brunch at the Washington Hilton. (Blade photo by Michael Key)

U.S. Senate candidate Tammy Baldwin has joined the chorus of those calling for an endorsement of marriage equality in the Democratic Party platform, saying the inclusion of such language would be a “statement of values.”

In an exclusive interview with the Washington Blade on Sunday, Baldwin said the inclusion of same-sex marriage in the platform would be “very important.”

“I think that would be tremendous, and we have to be focusing on advancing equality in so many different realms,” Baldwin said. “It’s a statement of values, and I think it’s very important to be included.”

The candidate made the remarks prior to her speech at the Gay & Lesbian Victory Fund’s annual brunch at the Washington Hilton.

Baldwin’s support for marriage equality in the platform puts her in the company of nearly two dozen U.S. senators, along with others, including Democratic National Convention chair Antonio Villaraigosa, House Minority Leader Nancy Pelosi (D-Calif.) and U.S. Senate candidate Elizabeth Warren. A former U.S. senator from Wisconsin, Russ Feingold, has also called for the inclusion of the language.

Evan Wolfson, president of Freedom to Marry, said he “welcomes” Baldwin’s support for a marriage equality plank in the platform.

“Rep. Baldwin, a candidate for the U.S. Senate, joins numerous party leaders and tens of thousands of Democrats who have signed our online petition in speaking up for the Democratic values of freedom, family and inclusion that are the core of the case for the freedom to marry,” Wolfson said.

The platform committee is set to debate platform language when it gathers for the Democratic National Convention in Charlotte, N.C. DNC officials have declined to say whether the platform will include marriage equality.

Baldwin is seeking the Democratic nomination in the race to represent Wisconsin in the Senate and replace retiring Sen. Herb Kohl (D-Wis.). Her election would make her the first openly gay person elected to the Senate. Baldwin, who has represented Wisconsin’s second congressional district for seven terms, was the first non-incumbent openly gay person elected to Congress in 1998.

During the interview, Baldwin also responded to recent news that the Obama administration won’t issue an executive order at this time barring federal contractors from discriminating against LGBT workers, saying, “We’ve got to keep on organizing.”

Like the White House, Baldwin emphasized the importance of legislation to address the problem — known as the Employment Non-Discrimination Act, a bill that would bar workplace discrimination against LGBT workers.

“We also have to focus on the importance of passing an inclusive Employment Non-Discrimination Act through the Congress,” Baldwin said. “We embrace executive orders when they can occur. This president has issued several that have advanced our protections as a community significantly, but there’s no substitute for having Congress act in sending the president the bill to sign.”

LGBT advocacy groups expressed disappointment when the administration announced it wouldn’t take executive action against workplace discrimination. Asked why she thinks the administration declined to issue the directive, Baldwin said she hasn’t “been privy to those conversations” on the executive order.

But Baldwin admitted that movement on ENDA is unlikely in the current Congress given Republican control of the House and said the focus should be on increasing co-sponsors for the bill.

“There’s not a pro-equality majority controlling the House of Representatives right now,” Baldwin said. “So, on the House side, we really have to continue to build support for the day on which we first have a leadership that’s pro-equality. And that’s signing on more and more co-sponsors to legislation.”

As a co-chair of the House LGBT Equality Caucus, Baldwin said she’s focused on briefings on Capitol Hill, recalling one that took place on March 29 hosted by Rep. Frank Pallone (D-N.J.) “on issues of workplace discrimination and why these protections are so desperately needed.”

Asked whether she wants to see President Obama conclude his evolution on same-sex marriage before Election Day, Baldwin laughed and said he’s “moving in the right direction on this issue.”

Baldwin noted that Obama announced early last year that his administration would no longer defend the anti-gay Defense of Marriage Act in court and “all the steps we’ve taken to protect families of LGBT communities who work in the federal workforce.”

In 2009, Obama issued a memorandum extending limited benefits to the partners of federal employees. The administration cited DOMA as the reason why major benefits like health care couldn’t be offered.

“He’s evolving in the right direction, and I’m encouraging that,” Baldwin said.

Baldwin’s statement on Obama’s marriage evolution is somewhat different than that of her fellow U.S. Senate candidate Elizabeth Warren, who said in a separate interview with the Blade that she wants to see Obama complete his evolution because “marriage equality is morally right.”

Baldwin came to the Victory Fund brunch after announcing that she topped $2 million in fundraising for the first quarter of 2012, giving her a total of $2.7 million in cash on hand.

Asked about the extent to which she attributed those numbers to her support from the LGBT community, Baldwin said they’re from a “tremendous outpouring of grassroots support” and 91 percent of her donors contributed $100 or less to her campaign.

“This is a grassroots campaign,” Baldwin said. “There’s tremendous excitement on many, many different levels. I’m going to be a fighter for the working people and middle class in the state of Wisconsin; I’m not afraid to stand up to big and powerful interests, and I’m going to be a leader on equality issues.”

Republican candidates in the race haven’t fared as well in fundraising. Former Gov. Tommy Thompson reportedly raised about $660,000 while former Rep. Mark Neumann raised $650,000.

Baldwin said she hasn’t encountered any attacks related to her sexual orientation thus far in her Senate bid and said she expects the race for the Senate to focus on economic issues.

“I think almost everybody agrees that voters are going to be thinking about the economy and jobs and growth,” Baldwin said. “That’s what I expect everyone to stick to. So, that’s what I’m expecting at this point.”

One piece of pro-LGBT legislation that Baldwin sponsors in the House, the Domestic Partnership Benefits & Obligations Act, recently saw a big boost in the Senate when 20 new co-sponsors signed on in support. All the new co-sponsors for the legislation — which would extend health and pension benefits to the domestic partners of federal employees — were Democrats.

Asked whether the legislation could see movement during the 112th Congress, Baldwin said the addition of 20 co-sponsors to the Senate version of the bill represents progress and she hopes “it’ll continue to gain ground and traction.”

“One of things that we’re talking about at this particular celebration earlier today is the difference that our allies can make one conversation at a time, persuading others to get on board to become informed to advance equality,” Baldwin said. “We’ve got to keep on doing that in both chambers of the Congress.”

During her speech at the Victory Fund brunch, Baldwin pressed the need for passage of ENDA as well as DOMA repeal. She touted being the author of legislation that would institute the “Buffett rule” and make the top 1 percent of income earners pay the same tax rate as other Americans.

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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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