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Clinton: LGBT-inclusion ‘the smart thing’ for U.S. foreign policy

Secretary speaks before LGBT Foreign Service officers

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Hillary Clinton, Department of State, GLIFAA, Gays and Lesbians in Foreign Affairs Agencies, gay news, Washington Blade
Hillary Clinton, Department of State, GLIFAA, Gays and Lesbians in Foreign Affairs Agencies, gay news, Washington Blade

Secretary of State Hillary Clinton (Washington Blade photo by Michael Key)

Secretary of State Hillary Clinton delivered on Wednesday what might be her last public address before an LGBT audience as chief diplomat for the United States when she told group of LGBT Foreign Service officers their service is integral to the country.

“Creating an LGBT-welcoming workplace is not just the right thing to do, it’s also the smart thing,” Clinton said. “And part of that is because the nature of diplomacy has changed and we should and need to keep up. Today, we expect our diplomats to build relationships not just with their counterparts in foreign governments, but from people from every continent and every walk of life, and, in order to do that, we need a diplomatic core that is as diverse as the world we work in.”

Additionally, Clinton said having an LGBT-inclusive State Department makes the Foreign Service corps “better advocates” for American values.

“When anyone is persecuted anywhere and that includes when LGBT people are persecuted, we’re kept from fully participating in their societies,” Clinton said. “They suffer, but so do we. We are diminished because our commitment to the human rights of all people has to be a continuing obligation and mission of everyone who serves in the government of the United States.”

Clinton delivered the remarks in Benjamin Franklin room at the State Department to observe the 20th anniversary of the department’s LGBT affinity group, Gays & Lesbians in Foreign Affairs Agencies, or GLIFAA.

She reminded the estimated 200 people in attendance that world in which GLIFAA was created was much different than today and the organization has worked over the course of 20 years to create a fairer workplace for LGBT Foreign Service officers.

“As we heard, in 1992, you could be fired for being gay,” Clinton said. “Just think about all of the exceptional public servant ā€” the brilliant strategists, the linguists, the experts ā€” fired for no reason other than their sexual orientation. Think of what we lost because we were unable of their hard work, expertise and experience.”

Clinton also gave recognition to Tom Gallagher, whom she said joined the State Department in 1965 and in the early 1970’s became the first openly gay Foreign Service officer.Ā He was in the audience during Clinton’s speech and rose when the secretary mentioned him.

“He served in the face of criticism and threats, but that did not stop him from serving,” Clinton said. “I want to take this moment just to recognize him, but also to put into context what this journey has meant for people for people of Tom and my generation because I don’t want any of you who are younger ever to take for granted what it took for people like Tom Gallagher to pave the way for all of you. It is not a moment for us to be nostaglic; it is a way for us to remember.”

The speech occurs almost one year after Clinton gave a high-profile speech in Geneva in favor of LGBT human rights, telling LGBT people that face human rights abuses overseasĀ they “have an ally in the United States of America.” Clinton noted her speech from the previous year during her remarks at the State Department.

“When I gave that speech in Geneva and said we were going to make this a priority for American foreign policy, I didn’t see it as something special, something that was added on to everything else we do, but something that was integral to who we are and what we stand for,” Clinton said.

Toby Quaranta, who’s gay and president of the D.C Young Democrats, was among those in attendance and said the speech was “an example of why she is such a popular secretary of state.”

“She wants to make advances for LGBT people not just as a way to advance the cause of human rights, but also as a way to advance American interests abroad,” Quaranta said. “Itā€™s a moral issue with a pragmatic end. Thatā€™s her way of doing business, and that is why she has been so successful as secretary of state.”

No new announcements were made during the State Department address, but the event was geared toward thanking those present as opposed to addressing policy issues.

Clinton gave no update during the speech on where she stands on marriage equality. She remains one of the few high-profile Democrats who’s yet to publicly endorse same-sex marriage and has remained silent in the issue even after her employer President Obama came out for marriage equality in May.

Also absent from Clinton’s speech was any mention of anti-gay legislation in Uganda that’s received considerable international attention out of fears the bill may soon be headed toward passage. ItĀ would institute a sentence of life in prison for homosexuality acts and possibly the death penalty.

But Clinton did tout the LGBT achievements the State Department has made under her watch. Among them are extending benefits to the same-sex partners of Foreign Service officers. On transgender issues, the department instituted policy against workplace discrimination for transgender employees and eased the process to allow transgender Americans to change the gender marker on their passports.

“Together we have worked to make something very simple and right come true: Our people should not have to choose between serving the country they love and sharing a life with the people with they love,” Clinton said.

Cheryl Mills, Clinton’s chief of staff and a long-time adviser who worked on her 2008 presidential campaign, also commended those present as she said her boss seeks to ensure each person across the globe can “live up to his or her God-given potential.”

“That principle is a very simple one, but its implementation too often requires courage and persistence, relentlessness and willingness to actual do something when doing nothing is absolutely the easiest course of action,” Mills said. “Those who have been part of and stayed with GLIFAA, they have always managed to do something, and the work that you all have done together has brought the change that we have seen in the department.”

Clinton has indicated that she intends to step down as secretary of state after the conclusion of Obama’s first term. Speculation persists that she may pursue that Democratic nomination for the presidency when Obama completes his second and final term in 2016, although she hasn’t stated she’d run.

Lane Hudson, a gay Democratic activist and outspoken Clinton supporter, said he expects her to maintain a strong relationship with the LGBT community whatever her course of action she pursues after she leaves the State Department.

“Given her long history with the LGBT community and her exemplary record on issues of equality at the State Department, I fully expect there to be a meaningful ongoing relationship between her and the community, whether she pursues the presidency or continues to advocate for equality for all as a private citizen,” Hudson said.

Others who spoke before the audience wereĀ GLIFAA President Ken Kero-Mentz,Ā USAID Deputy Administrator Donald Steinberg, and Daniel Baer, who’s gay andĀ deputy assistant secretary of state for the Bureau of Democracy, Human Rights & Labor.

Notable members of the LGBT community who were in the audience included U.S. ambassador to New Zealand David Huebner, former U.S. ambassador to Romania Michael Guest, Human Rights Campaign President Chad Griffin, White House LGBT liaison Gautam Raghavan and Amanda Simpson, who wasĀ first openlyĀ transgender womanĀ political appointee in any U.S. administration.

NOTE: This article has been updated to include a statement from Toby Quaranta.

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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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