National
Gay troops tell personal stories at Pentagon Pride
Event marks first such celebration since ‘Don’t Ask’ repeal
The personal story of a gay service member warmed the hearts of attendees during a panel discussion at the first ever Pentagon event celebrating June as Pride month.
Marine Corps Capt. M. Matthew Phelps, who serves as a commanding officer at the Marine Corps Recruit Depot in San Diego was among the three panelists who talked about the difficulties of serving in the closet before “Don’t Ask, Don’t Tell” was lifted.
Phelps said the situation was particularly difficult for him in 2007 when he was deployed to Iraq and fellow Marines would meet on Saturday to smoke cigars, watch movies and talk about their families at home.
“I sat there in the back of the room not talking to anybody because not only was it so hard to have left somebody at home ā just like it was hard for everybody else ā but when everyone was getting together and growing closer as a unit, by virtue of the fact that I wasn’t allowed to say anything, I was actually growing more distant from my unit,” Phelps said.
After graduating from the University of Rochester inĀ November 2001 with a degree in applied music, Phelps said he enlisted in the Marine Corps after the terrorist attacks on Sept. 11, 2001, because he felt the need to serve his country. But Phelps said “Don’t Ask, Don’t Tell” was a strain on him until the ban was lifted on Sept. 20.
“I went into work on the 20th of September thinking that my life was going to change, and I went in and I sat down at my desk and I braced myself on the desk waiting for everyone to come and ask me if I was gay,” Phelps said. “Believe it or not, nobody did. I didn’t get any email. I didn’t get any phone call. In fact, the phone didn’t even ring. I was waiting ā saying, ‘Please somebody talk to me today’ ā because I felt like I was going to work for the very first time. For almost 10 years, Matthew was going to work as a Marine in uniform doing my job, doing the job that I thought I had been doing for 10 years, but I had only been half doing.”
Phelps was among the attendees at the White House Pride reception earlier this month where for the first time openly gay service members could participate while wearing their uniforms thanks to “Don’t Ask, Don’t Tell” repeal.
Others on the Pentagon panel, which was moderated by Pentagon Director of Press Operations Navy Capt. Jane Campbell were Gordon Tanner, the Air Force’s principal deputy general counsel, and Brenda “Sue” Fulton, a member of the board of visitors at the U.S. Military Academy at West Point and communications director for OutServe. All three panelists ā Phelps an active duty troop, Tanner a civilian and Fulton a veteran ā were gay and selected by word of mouth recommendations.
Tanner said he was supposed to distribute a list of benefits available to gay troops, but opted instead to encourage gay service members to serve as openly as possible because only that can help straight allies bridge their understanding of LGBT people.
“What I really want to talk about today is what each of us can do in our own day-to-day lives to make a difference,” Tanner said. “First of all, and most importantly, we need to be as visible as we can be. Everybody has a different comfort level. Everyone is in a different place. Let me encourage you to be as open and honest as you can possibly be.”
Fulton talked about the commitment she saw from straight allies in the military who wanted to make sure the transition to open service went smoothly and gay troops weren’t harmed. She described a commitment ceremony that took place over the weekend involving gay couples who served in the military.
“In the back of the church … was another chaplain, a senior chaplain Air Force O-6, Southern Baptist,” Fulton said. “I asked him why he was there and he said, ‘I just want to make sure everything goes smoothly for my airmen. I just want to make sure there aren’t any problems.'”
The one-hour event marks the first time that a Pride celebration has taken place for Defense Department personnel within the Pentagon. This is the first Pride month to have taken place since “Don’t Ask, Don’t Tell” was lifted from the books last year.
More than 350 attendees filled the Pentagon auditorium to capacity. The event was broadcast on the Pentagon channel and Tanner said during his remarks that troops as far away as Afghanistan were interested in watching a video of the event.
Attendees were made up of civilian Defense Department workers, service members who came in their uniforms and LGBT advocates who helped lead the way for “Don’t Ask, Don’t Tell” repeal. The program began after service members “presented the colors” and video messages were shown from President Obama and Defense Secretary Leon Panetta.
Delivering the keynote address at the event was Jeh Johnson, the Pentagon’s general counsel and co-chair of the Pentagon working group that wrote the report leading the way for legislative repeal of “Don’t Ask, Don’t Tell” in 2010.Ā He spoke mostly of the process by which he and fellow co-chair Army Gen. Carter Ham, then commanding general of U.S. Army Europe, evaluated the risk of lifting the military’s gay ban.
While they pursued the task at hand without any predetermination on whether the ban should be repealed, Johnson said the group heard stories from gay service members who were eagerly awaiting an end to “Don’t Ask, Don’t Tell.”
“In communications with gay and lesbian current and former service members, we repeatedly heard a patriotic desire to serve and defend the nation subject to the same rules as everyone else,” Johnson said. “In the words of one gay service member, ‘Repeal would simply take a knife out of my back. You have no idea what it is like to serve in silence.'”
As a result of the process, Johnson said the institution of open service in the military has brought some isolated incidents, but “almost no issues or negative effects associated with repeal on unit cohesion, including within warfighting units.”
Even during his remarks, Johnson wouldn’t reveal his personal views on LGBT rights ā saying he thinks as Pride is celebrated participants should remember the military is about Americans from a variety of backgrounds coming together to serve the country.
“Within the military, events such as this must occupy a different and qualified place because in the military, individual personal characteristics are subordinate to the good of the unit and the mission ā service above self,” Johnson said. “From all that we learned in 2010 about the struggles and the sacrifice to remain in the military, I believe gay men and women in uniform readily agree with this.”
Johnson also said the Pentagon is examining ways to extend additional benefits to gay troops now that open service is in place. Pentagon officials have said they’ve been looking at these possible benefits since “Don’t Ask, Don’t Tell” was lifted last year.
Servicemembers Legal Defense Network and other LGBT groups have been pushing for benefits such as joint duty assignments, military family housing as well as access to certain family programs and free legal services. All are deemed by advocates to be within the authority of the Pentagon even with the Defense of Marriage Act in place.
“Going forward, the personnel and readiness community is now in the midst of reviewing which military family benefits can be extended to the partners and other family members of gay and lesbian service members,” Johnson said. “The repeal of ‘Don’t Ask, Don’t Tell’ exposes certain inequalities between similarly situated couples in the military community. This concerns many of our leaders. On the other hand, we must comply with current law, including the Defense of Marriage Act.”
Aubrey Sarvis, SLDN’s executive director, was among the attendees at the celebration andĀ said he wished Johnson had “been more specific” in his remarks with regard to benefits.
“It’s just taking an inordinate amount of time to bring closure on this,” Sarvis said. “So, the day for a decision and an announcement by Secretary Panetta is here. In fact, it’s overdue.”
Sarvis added the decision to extend these benefits to gay troops should be resolved “within a matter of days,” but predicted more time will pass before an announcement is made.
Despite qualms about the lingering issue of benefits, SarvisĀ noted the historic nature of the Pride event.
“I think for all of these things to have happened in the past year ā having finality on repeal, being here to celebrate ā is something that many, many people could not have anticipated, so, yes, this is very much a historic occasion,” Sarvis said. “I think a number of people here are still pinching themselves.”
A number of gay service members who attended said they were elated being able to participate in the first Pride event at the Pentagon after the repeal of “Don’t Ask, Don’t Tell.”
Army Sgt. Bryan LaMadrid, 22, who’s gay, said coming to the event was particularly emotional for him.
“I’m stationed up at Ft. Meade right now, but I’m driving here and I’m kind of tearing up and have shivers going down my back and my neck because two years ago, you would have never imagined this, and now it’s happening this year,” LaMadrid said.
Navy Lt. Kevin Naughton, 32, who’s gay, was among those who helped plan the event and said “it was a big deal” to obtain approval from Panetta’s office to plan the Pride celebration.
“It was just an amazing process that we’ve gone through from going from repeal all the way to being able to have an event where we’re treated equally at work,” Naughton said.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
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 āderisive, 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 āit 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 ātext, 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.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
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 āfurther 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.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
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
āApplying rational-basis review, the age-verification requirement is rationally related to the governmentās legitimate interest in preventing minorsā access to pornography,ā the three judge panel of the 5th Circuit explained. āTherefore, 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 courtās 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.
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 āineffective, 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 DMVās Wallet app, which contains a mobile driverās license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateās 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 driverās licenses or other methods.
The Associated Press reported this past October that an adult entertainment groupās 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.
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.
āAs 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
āMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā the statement continues. āAs weāve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā
āUntil 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.
āAs 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. āWhile 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 Virginiaās 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
āWe 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,āĀ Lucas saidĀ on X, formerly Twitter. āWe will continue our work to keep pornography out of the hands of minors ā¦ but we will also work to ensure that this Governorās 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 worldās biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUās Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as āvery 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 EUās 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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