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House panel rejects LGBT protections in domestic violence bill

Measures offered by Polis, Nadler, Quigley voted down

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Rep. Jared Polis (D-Colo.) (Blade file photo by Michael Key)

A Republican-controlled House panel beat back measures on TuesdayĀ that would have made LGBT protections part of legislation aiming to extend federal authorization for domestic violence programs.

The House Judiciary Committee voted down several measures that would have made the House version of the Violence Against Women Act reauthorization LGBT-inclusive.

One amendment that was offeredĀ by Rep. Jared Polis (D-Colo.) ā€” voted downĀ on a 14-18 vote ā€” would have prohibited domestic violence programs receiving funds under VAWA from discriminating against someone based on actual or perceived sexual orientation or gender identity.

“The Violence Against Women Act needs to be an inclusive bill that covers all of today’s families, whether those families are composed of a man and a woman, or two women or two men, and that’s why I’m offering this amendment,” said Polis, who’s gay.

Polis continued, “It doesn’t say anything about a particular lifestyle that members of the committee may not agree personally agree with. It simply says the law needs to be applied equally.”

Prior to the vote on the amendment, anti-gay Rep. Steve King (R-Iowa) voiced opposition, saying other characteristics such as race and sex are immutable, but sexual orientation and gender identity are “self-professed” identifications.

“I also make the point that this is supposed to be the Violence Against Women Act,” King said. “Even though that is the case and that needs to be the subject of this discussion; we still are bringing up the subject of sexual orientation and gender identity when people no matter what their sexual orientation or gender identity are covered under this bill.”

King called for more data that LGBT non-discrimination protections are needed for domestic violence programs and said other vehicles would be more appropriate for dealing with this bias other than the Violence Against Women Act.

But Rep. Sheila Jackson-Lee (D-Texas) responded by saying the committee shouldn’t be “in the business of limiting” protections that would be afforded under the legislation.

Another amendment came from Rep. Jerrold Nadler (D-N.Y.) that would haveĀ explicitly included the LGBT community in VAWA’s ā€œSTOPĀ GrantĀ Program.” It was voted down along party lines by a 12-15 vote.

“With this addition, STOP grant recipients would be able to offer programs to target members of the LGBT community who are not otherwise being served,” Nadler said. “This would not be a requirement of any STOP grant recipient, but would allow entities to use STOP grants for this purpose if they so choose.”

The “STOPĀ GrantĀ Program” isĀ the largest program funded under the law and provides funding to care providers who collaborate with prosecution and law enforcement officials to address domestic violence.

Yet another amendment from Rep. Mike Quigley (D-Ill.) would have explicitly included sexual orientation and gender identity as part of the underserved groups protected under VAWA. Like the others, the measure was voted down on a party-line basis, 13-16.

In his remarks introducing the amendment, Quigley criticized the House version of VAWA reauthorization for not going far enough to protect LGBT victims of domestic violence as well as other groups.

“Domestic violence affects people from all walks of life, whether they are gay, straight, immigrants or tribal members,” Quigley said. “Everyone deserves to be protected.Ā Sadly the bill being considered by the committee today fails to meet the mark.”

Chairman Lamar Smith (R-Texas) voiced opposition in particular to the Quigley amendment, saying “there is little data” to support the need for “special protected status” for LGBT people.

“There’s nothing under current federal law to prevent LGBT victims of domestic violence from receiving federal resources and services,” Smith said.

The House version of VAWA aims to extend programs authorized under the existing law ā€” first enacted in 1994 ā€” to assist victims and survivors of domestic violence, dating violence, sexual assault and stalking. But civil rights groups have criticized the House version of the bill for not going far enough and failing to provide explicit protections for minorities, including LGBT people.

Data exists showing that LGBT people are victims of domestic violence and suffer from discrimination when seeking help at shelters. According toĀ a 2010 reportĀ 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.

Ian Thompson,Ā legislative representative for the American Civil Liberties Union, criticized Republicans for refusing to adopt the Polis amendment.

ā€œLGBT victims of domestic violence often face significant discriminatory barriers when attempting to access services,” Thompson said. “The Polis amendment would have addressed this problem of LGBT exclusion by adding sexual orientation and gender identity to VAWAā€™s nondiscrimination provision. This is a matter of basic fairness and commonsense. It is unfortunate that a majority of the House Judiciary Committee disagreed.”

Harsh words also came from Joe Solmonese, president of the Human Rights Campaign.

ā€œThe Republican members of the House Judiciary Committee have failed victims of domestic violence,ā€ Solmonese said. ā€œRepublicans on the committee ignored key priorities identified by nearly 2,000 service providers and victim advocates by moving forward with a bill that disregards many victims, including LGBT victims.ā€

After rejecting the pro-LGBT measures, the committee voted to report out the legislation by a vote of 17-15 ā€” again on largely a party-line basis with Republicans voting to move their bill.

The language of House Democrats’ amendments are found in the Senate version of the bill, which was passed by that chamberĀ April 26 on bipartisan vote of 68-31 along with LGBT-inclusive language.Ā Because the Senate version of the legislation has LGBT language that isn’t found in the House version of the bill, the two chambers will have to come an agreement on the LGBT provisions in conference committee before the House and Senate vote on a final version of the bill.

Despite the failure of the committee to adopt the pro-LGBT amendments, Thompson expressed optimism that the LGBT language would survive the conference committee and the final round of voting based on the bipartisan support with which the Senate version of the bill passed.

“The reality is that the Senateā€™s version of VAWA reauthorization addresses a range of important civil liberties issues, including coverage for the LGBT community, and passed out of that chamber with the support of 68 senators, including significant Republican support,” Thompson said. “I believe there is majority support in Congress for a VAWA reauthorization that would ensure that domestic violence protections extend to all who suffer its harms.”

Other members on the House panel spoke out against the lack of LGBT protections in the House version of the bill, including Rep. John Conyers (D-Mich.), ranking Democrat on the panel, as well as Reps. Bobby Scott (D-Va.) and Sheila Jackson-Lee (D-Texas).

But the House Democrats’ measure weren’t the only pro-LGBT initiatives that Republicans rejected. Rep. John Conyers (D-Mich.), ranking Democrat on the committee, offered a substitute bill that was modeled on a version of VAWA introduced by Rep. Gwen Moore (D-Wis.) and other House Democrats. That legislation has the same LGBT protections found in the Senate version of the bill.

Chairman Lamar Smith (R-Texas) refused to allow Conyers’ substitute to come up after Rep. Jim Sensenbrenner (R-Wis.) objected to it on the basis that it was non-germane. In the House, amendments must be germane to the legislation at hand for them to come up for a vote.

The committee rejected the pro-LGBT initiatives after HRC and the ACLU wrote letters objecting to the lack of LGBT protections in the House version of the legislation.

In a letter dated May 7, Laura Murphy, director of the ACLU’s Washington Legislative Office, and Vania Leveille, senior legislative counsel, talked about the importance of the LGBT protections found in the Senate bill in addition to expressing other concerns.

“H.R. 4970 does nothing to address the unacceptable discrimination that LGBT people often face when attempting to access services for those who experience intimate-partner violence, and nothing to change the fact that the LGBT community is undeserved in this area,” Murphy and Leveille write.

NOTE: This post has been updated.

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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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