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Hollywood comes to Capitol Hill to push for Social Security bill

Legislation would allow gay couples to access benefits

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Hal Sparks speaking at the Social Security equality press conference (Blade photo by Michael Key)

A Los Angeles congresswoman beamed in support from Hollywood on Thursday to spread the word about legislation she introduced in the U.S. House to end inequities that same-sex couples face in the Social Security system.

During a news conference on Capitol Hill, Rep. LindaĀ SĆ”nchez (D-Calif.) said her legislation, theĀ Social Security Equality Act, would allowĀ gay families to gain access to the same survivor and pension benefits available to opposite-sex couples.

“The gay and lesbian population will not be told by their government that they are second-class citizens,” SĆ”nchez said. “Same-sex couples pay into Social Security ā€” they should receive the full benefits they have earned.”

SĆ”nchez’s bill, H.R. 4609,Ā would eliminate the Social Security Administration policy denying same-sex couples benefits. According to SĆ”nchez,Ā gay male couples receive 18 percent less in Social Security benefits than straight couples, while lesbian couples receive 31 percent less because women statistically earn less money.

Four types of Social Security benefits are denied to same-sex couples: spousal retirement benefits after one spouse retires; disability benefits if one spouse becomes disabled; survivor’s benefits, which allow surviving spouses to claim either their own Social Security benefit or an amount equal to the compensation that would have been afforded to their deceased spouse; and the death benefit, which provides for burial expenses.

The legislation, which was previously introduced in 2010, has 95 co-sponsors: all Democrats. The four openly gay members of Congress ā€” Reps. Barney Frank (D-Mass.), Tammy Baldwin (D-Wis.), Jared Polis (D-Colo.) and David Cicilline (D-R.I.) ā€” have all signed on in support.

Celebrities appeared at the news conference to advocate for the legislation alongside the lawmakers and LGBT advocates. Supporters carried signs reading “Outlaw Social Security Discrimination” and “Stop Economic Violence Against LGBT Seniors.” One sign was a mock Social Security card with “same-sex couples” written in the line allotted for a name.

George Takei (left) and his spouse Brad Altman (Blade photo by Michael Key)

George Takei, famed for his role as “Mr. Sulu” in the “Star Trek” series, appeared with his spouse, Brad Altman, and decried the hardship that same-sex couples face because of inequities in the Social Security system as “unfair and unjust.”

“There are same-sex couples who are denied equality often when misfortune befalls same-sex couples,” Takei said. “One falls ill, or tragically one might pass away. A survivor is left not only grieving, but financially insecure ā€” and often the home they’ve built together, shared together is lost.”

Hal Sparks, known for his role as “Michael” in Showtime’s “Queer as Folk,” also spoke out against the current system for putting LGBT seniors in a position that is “not only emotionally difficult, but financially or physically dangerous.”

“It is odd for me, at this very moment, that as the law stands, I have rights that many of the people who are standing behind me, to my right and my left, do not have,” Sparks said. “If the law is not changed, they are headed toward a future that is more limited, more fractured and, quite frankly, more dangerous than mine.”

Another speaker at the event felt the discrimination under the current Social Security system firsthand.Ā Alice Herman, from Los Angeles, a spokesperson for the grassroots group “Rock for Equality,” talked about the difficulties she faced after losing Sylvia, her partner of 45 years.

Even though both had paid into Social Security for more than 50 years, Herman at the age of 73 wasn’t able to receive survivor benefits following the death of her partner, who had a greater income. While Herman was a social worker, her partner worked in business and climbed the corporate ladder.

“When she died, much to my amazement, Social Security denied me the death benefit, then Social Security refused to provide me with the survivor’s benefit,” Herman said. “These denials came even though we were legally married. They dismissed our 45 together, our 45 years of love and commitment, our 45 years of contributing to society as meaningless.”

Had she been able to receive these benefits, Herman said she would have been able to stay in her home. However, she was forced to find another place to live because the only other option would be living in her car.

LGBT advocates also railed against the Social Security system for not providing gay couples the same benefits as others.

L.A. Gay & Lesbian Center CEO Lorri Jean (right) and Linda Sanchez (Blade photo by Michael Key)

Lorri Jean, CEO of the L.A. Gay & Lesbian Center, said same-sex couples pay into Social Security with every paycheck, but are unable to reap the full benefits of the system.

“Every single month, the L.A. Gay & Lesbian Center provides programs and services to thousands of lesbian, gay, bisexual and transgender seniors,” Jean said. “Too many come because they have been denied Social Security benefits.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, commended Sanchez for introducing the legislation and emphasized Social Security’s effectiveness at being “one of the most successful anti-poverty programs in the nation’s history.”

“The Social Security Equality Act begins to give same-sex couples the dignity they deserve and the financial security they desperately need,” Carey said. “In a time of flat income for most Americans and disappearing pensions, it is absolutely vital for the government to protect our most vulnerable.”

Michael Adams, executive director ofĀ Services & Advocacy for GLBT Elders, or SAGE, also stressed the need for the bill as a way to help LGBT elders.

“Whether it’s our LGBT community or our community as a whole, our elders are our pioneers,” Adams said. “They are the people who led the way for us, and the fact that in 2012, we are still having this argument over whether LGBT elders would be treated with dignity and respect and tolerance is outrageous.”

Adams said most seniors rely on Social Security for at least half of their retirement income, and LGBT elders need Social Security even more because they’re more likely to be living in poverty than opposite-sex couples. Additionally, Adams said LGBT elders are more likely to live single in their old age, and one-third of single elders rely on Social Security for their entire retirement income.

Despite the push by advocates, movement in the Republican-controlled House is unlikely. Nonetheless, SĆ”nchez said she’s hopeful the legislation will receive a hearing in the House Ways & Means Committee, which will have jurisdiction over the bill.

SĆ”nchez said she hasn’t had the opportunity to have a conversation with Chairman Dave Camp (R-Mich.) about the bill because it has just been introduced, but said “that conversation will be taking place in the near future.” The Ways & Means Committee didn’t respond to a request for comment on the measure.

The legislation is being introduced relatively late in the 112th Congress compared to other LGBT bills, which were introduced at the start of last year.Ā SĆ”nchez said the bill was being introduced at this time because “there were certain legislative nuances to the bill that we had to work out.”

Advocates at the news conference also said talks were underway about a Senate companion, although no one would identify any potential Senate sponsors or give an estimate on when the legislation would be introduced.

It’s unclear whether the bill would be necessary if the Defense of Marriage Act, which prohibits federal recognition of same-sex couples, were overturned, or if further revision would be needed after DOMA is lifted to ensure same-sex couples are eligible for Social Security benefits.

SĆ”nchezĀ said she wants to push for DOMA repeal as she advocates for the Social Security Equality Act.

“Ultimately, DOMA is an issue that we have to deal with, and the preferable route would be to repeal DOMA,”Ā SĆ”nchez said. “But this is one step we can make on the path to making that happen and we’re hoping that if we get the support that we need and the grassroots to have this legislation pass ā€” because it’s such a clear case of economic discrimination ā€” then that undermines the arguments in DOMA.”

Jean talked about the need to overturn DOMA at the same time she pushed for passage of the new legislation.

“Of course, we still need to repeal the Defense of Marriage Act and ensure that same-sex couples are given all of the rights that are straight brothers and sisters enjoy,” Jean said. “But until that day, the Social Security Equality Act will make a crucial difference to countless elderly people.”

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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 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.

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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.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.

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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.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.

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