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DNC 2012: Gay speakers, issues take center stage on final night

Prime speaking slots for Frank, Baldwin, Zach Wahls

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Rep. Barney Frank (D-Mass.) at the Democratic National Convention (Blade photo by Michael Key)

CHARLOTTE, N.C. ā€” Gay issues and speakers took center stage on the final night of the 2012 Democratic National Convention, capping the three-day gathering that was more LGBT-inclusive than any previous iteration of the quadrennial affair.

One of the speeches that came earlier in the evening was from Zach Wahls, an Iowa youth with lesbian parents who gained notoriety for speaking out against a proposed ban on marriage equality in his state. He’s also an Eagle Scout who’s been pushing the Boy Scouts to end its gay ban.

Zach Wahls (Blade photo by Michael Key)

Wahls, who’s straight, said support for the right of gay couples like his parents to marry is a reason he’s supporting the re-election of President Obama, who came out in favor of marriage equality in May.

“President Obama understands that. He supports my moms’ marriage,” Wahls said. “President Obama put his political future on the line to do what was right. Without his leadership, we wouldn’t be here. President Obama is fighting for our families, all of our families. He has our backs. We have his.”

Notably, Wahls cushioned his support for marriage equality by saying the belief that nuptials should be limited to one man, one woman shouldn’t be considered “a radical view,” saying, “For many people, it’s a matter of faith. We respect that.”

But that didn’t stop Wahls from criticizing Romney for opposing same-sex marriage and his support for a Federal Marriage Amendment.

“Gov. Romney says he’s against same-sex marriage because every child deserves a mother and a father,” Wahls said. “I think every child deserves a family as loving and committed as mine. Because the sense of family comes from the commitment we make to each other to work through the hard times so we can enjoy the good ones. It comes from the love that binds us; that’s what makes a family. Mr. Romney, my family is just as real as yours.”

Wahls took to the podium immediately after a video was played showing the Democratic Party’s commitment to marriage equality, including a video with previously recorded remarks of Obama saying the relationships of gay and men women should be respected.

But that video wasn’t the only time support for marriage equality was celebrated on Thursday night. Democratic National Convention Chair and Los Angeles Mayor Antonio Villaraigosa, touted the first-ever inclusion of a marriage equality plank in the Democratic Party platform.

“For the first time, a major party platform recognizes marriage equality as a basic human right!” Villaraigosa said. “This is a reflection of who we are as a party and who we can be as a nation, because as Democrats, as Americans, whenever we’ve opened up our party and our country, whenever we’ve opened up doors for more of our people, whenever we’ve deepened our democracy and renewed our commitment to equal justice under the law, we’ve grown stronger as a nation.”

Los Angeles Mayor Antonio Villaraigosa (Blade photo by Michael Key)

Villaraigosa was among those who had called for a marriage equality plank prior to its inclusion in the party platform. His invocation of the marriage equality plank in the platform elicited thunderous applause from the audience.

Another video that played at the convention cited Obama’s repeal of “Don’t Ask, Don’t Tell,” playing footage of the signing ceremony for repeal legislation in December 2010 in which Obama said, “For we are not a nation that says ‘Don’t Ask, Don’t Tell,’ we are a nation that says out of many, we are one.”

Following the video, Iraq war veteran and retired Army Capt. Jason Crow, who’s straight, came to the stage to commend Obama for ending the military’s gay ban and expanding veterans’ benefits.

“It was wrong that men and women I served with could be told they weren’t good enough just because of their sexual orientation,” Crow said. “Soldiers who I trusted with my life, and fought alongside with, could be discharged because of who they loved. President Obama did the right thing by ending ‘Don’t Ask, Don’t Tell.'”

Support for President Obama also came from Alejandra Salinas, a 23-year-old law student at Boston College and member of the LGBT and Latino community.

The outgoing president of the College Democrats of America, Salinas praised Obama for both his support for the LGBT community and the Latino community.

“This president, on so many issues ā€” immigration, LGBT rights, women’s health ā€” has proven that he cares about all of us, and that he’ll keep on expanding opportunity,” Salinas said. “As a young, LGBT Latina, it seems to me that Mitt Romney only cares about an elite few.”

Perhaps the two most high-profile openly gay public officials ā€” Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.) ā€” took to the stage earlier in the evening. Both are set to leave the U.S. House at the end of this year, although Baldwin may return to Congress as U.S. senator if she’s successful in her campaign for a seat to represent Wisconsin in that chamber.

Frank, the longest-serving openly gay member of Congress, assailed Republican presidential nominee Mitt Romney both for his positions on LGBT rights and claims regarding his success as governor of Massachusetts, calling the candidate “Myth Romney” for the allegedly false assertions he’s made.

Frank took a jab at Romney over his changing positions on gay rights over the course of this year, saying he once sought to surpass the late Sen. Ted Kennedy, but now looks to anti-gay former U.S. Rick Santorum on the issue. Frank was referring to a 1994 letter from Romney in which he pledged to Log Cabin Republicans to be a leader on gay rights and to support the Employment Non-Discrimination Act ā€” a position he no longer holds.

But a significant portion of Frank’s speech was devoted to criticizing Romney for wanting to repeal financial reform, which Frank took the lead in passing as chair of a House banking committee.

“As governor of Massachusetts, the real Mitt Romney’s record on job creation was terrible,” Frank said. “During his term, net job growth was less than one percent, about one-fifth the national average, 47thĀ in the country. The myth of Romney is that he never raised our taxes. In fact, the real Mitt Romney called his tax hikes “fees.”Ā And in his first year alone, he raised fees more than any other governor in office. Some of those fees? Mitt created a $10 fee for a “certificate of blindness.” He increased the cremation inspection fee from $50 to $75. Maybe he didn’t call them taxes, but they felt like taxes.”

The line about gay rights was apparently an ad-lib because it wasn’t included as part of his prepared remarks.

Asked whether the line was an ab-lib and if Frank was winging it while speaking, Harry Gural, a Frank spokesperson said, “He doesn’t ‘wing it’ ā€” his comments are always very well thought through. He never simply reads speeches, even his most lengthy and complex ones. That’s what makes him such a compelling speaker.”

Earlier in the day, Frank faced criticism for saying during the Democratic National Committee’s LGBT caucus meeting that the Log Cabin Republicans were an “Uncle Tom” organization. In a statement, R. Clarke Cooper, executive director of Log Cabin, responded with his own attack, saying, “It’s a badge of honor to be attacked by a partisan hack like Barney Frank.”

Baldwin’s speech marked the first time an openly gay U.S. Senate candidate spoke before a major party’s national convention.

Rep. Tammy Baldwin (D-Wisc.) (Blade photo by Michael Key)

“But the Wisconsin I know, knows that having two sets of rules makes no kind of sense,” Baldwin said. “We believe in hard work. For decades, we’ve worked to make things: paper, engines, tools, shipsā€”and, yes, cheese, brats, and beer. Give our workers a fair shot, and we’ll compete against anyone.”

Baldwin identified Obama’s repeal of “Don’t Ask, Don’t Tell” as evidence of his work in making “historic progress toward equality” for the country and made an oblique reference to Romney’s support for a U.S. constitutional amendment banning same-sex marriage.

“He repealed ‘Don’t Ask, Don’t Tell,’ so that no American ever again has to lie about who they are in order to serve the country we love,” Baldwin said. “Republicans want to write discrimination into our Constitution. But the Wisconsin I know believes that with each passing year and each generation, our country must become more equal, not less.”

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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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