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Will session expire before Uganda acts on anti-gay bill?

AP report saying death penalty no longer in bill disputed; Citi and Barclays weigh in

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Mark Bromley, chair of the Council for Global Equality (photo courtesy of Council for Global Equality)

A new hope is emerging that the legislative session for Uganda’s parliament will expire before lawmakers take action on a draconian anti-gay bill amid new developments related to the legislation on Friday in various parts of the world.

LGBT advocates had previously said the parliament as soon as this week would take up the anti-gay legislation, which would institute a sentence of life prison for homosexual acts and perhaps in some cases the death penalty. The bill would also prohibit the promotion of LGBT rights and fine or jail certain individuals who neglect to report gay people to the authorities.

However, those fears were abated after Parliament Speaker Kadaga Rebecca reportedly suspended sessionsĀ this week after a raucous that broke out over an unrelated bill about authority on petroleum agreements.

Mark Bromley, chair of the Council for Global Equality, said parliament may come into session again at the start next week, but the oil bill and not the anti-gay bill would likely be the first order the business.

“The parliament is still suspended,” Bromley said. “My understanding is the speaker asked for a report on the raucous two days and that report should go to her on Monday, so I think there’s a chance the parliament might come back into session on Monday, and if so, the expectation is that they will continue with the oil bill, which is still quite contentious and could take up a certain amount time.”

LGBT advocates had been hoping the legislative session for the Ugandan parliament would expire on Dec. 14 before lawmakers have an opportunity to take up the anti-gay bill. Kadaga, a supporter of the legislation, has said Uganda wants to see the legislation passed as a Christmas present.

Bromley expressed hope that these difficulties facing the parliament may mean the legislature won’t take action on the anti-gay bill.

“It’s dangerous to predict anything and certainly the bill is dangerous enough and popular enough that we shouldn’t let our guard down,” Bromley said. “But I think given the intense debate and some of the procedural hurdles that still remain in front of the anti-homosexuality bill, I think there is at least a hope that it could be delayed until after the holiday, which would advocates on the ground and elsewhere more time to really try to make a persuasive case for the parliament to drop the bill altogether.”

Bahati quoted as saying death penalty removed, but report meets skepticism

Perhaps the most noteworthy development on Friday was a report from the Associated Press in which David Bahati, the author of the legislation, asserted the controversial death penalty provision had been removed from the bill.

Parliamentarian DavidĀ BahatiĀ said the bill, which is expected to be voted on next month, had “moved away from the death penalty after considering all the issues that have been raised.”

“There is no death penalty,” he told The Associated Press.

BahatiĀ said the bill now focuses on protecting children from gay pornography, banning gay marriage, counseling gays, as well as punishing those who promote gay culture. Jail terms are prescribed for various offenses, he said, offering no details. The most recent version of the bill hasn’t been publicly released.

In response to an inquiry from the Washington Blade,Ā Hillary Renner, a State Department spokesperson for African affairs, said she’s unable to confirm the death penalty was dropped and referred to the Uganda government from more information.

“With or without the inclusion of the death penalty, we have made clear on numerous occasions that the United States opposes the anti-homosexuality bill,” Renner added. “The bill is currently in committee and has not reached the full parliament for consideration. As with all domestic legislation, it is up to theĀ UgandanĀ parliament to determine whether to approve this bill.”

Box Turtle Bulletin’s Jim Burroway took issue with reporting and ā€” in a blog post titled “AP Is Wrong: Uganda’s Anti-Homosexuality Bill Still Has The Death Penalty” ā€” warned readers not to believe the report because the only full parliament has the authority to change the bill. Earlier this week, a source at the U.S. embassy in Kampala, the Ugandan capital, told the Blade the committee doesn’t have authority to change the bill or remove its death penalty and can only make recommendations for the full parliament to consider.

Andre Banks, executive director and co-founder ofĀ AllĀ Out, a grassroots organization in the United States drawing attention to the anti-gay bill, was among those expressing skepticism that the death penalty provision has in fact been removed.

“David Bahati is one of the architects of Uganda’s anti-gay bill,” Banks said. “Bahati told the AP the death penalty was removed from the bill, yet no one has actually seen the latest version of the bill to confirm Bahati’s claim, Until we see the bill, and it has movedĀ outĀ of a committee that actually has the power to make substantive changes, we must assume the worst.”

Germany suspends foreign aid to Uganda for structural assistance

Another news development took place in Germany where Dirk Niebel, the country’sĀ minister of Economic Cooperation & Development, reportedly said it is suspending foreign aid for Uganda for three years as result of reports of misuse of 13 million euros in foreign funds.

German funds weren’t affected, and other concerns, such as the misuse of funds and violence in the neighboring Democratic Republic of Congo, are the reason. NonethelessĀ Niebel cites the anti-homosexuality bill as a reason for concern.

Via Google Translate, Niebel is quoted as saying, “We are concerned that the debate about a tightening of legislation against homosexuals in Uganda resurgence Who fired the debate in Uganda, know the needs that he so the international image of the country causing damage Should human rights discrimination in.. Ugandan Parliament be adopted, it could not remain without consequences for our cooperation.”

Bromley clarified these cuts are related to structural assistance only and wouldn’t affect certain programs.

“My understanding is that the German government decided to cut direct structural assistance from Germany to the government to the government of Uganda, but that their investments in development and other programs will continue,” Bromley said. “So, it’s not an across-the-board cut, but it’s a temporary suspension of direct structural assistance to the government.”

Britain, Sweden and the European Union have also threatened to cut foreign aid from Uganda directly as result of the anti-gay bill if it’s passed into law. U.S. Ambassador to Uganda Scott DeLisi was quotedĀ in a Uganda paperĀ as saying foreign aid won’t be cut to Uganda as a result of the reported misuse of funds, but the United States hasn’t weighed in on cuts as a result of the anti-gay legislation.

Citi, Barclays respond to calls for them to condemn anti-gay bill

Two financial institutions with significant investments in Uganda have also weighed in on the anti-gay petition, although advocates who were seeking statements from the companies say a greater public outcry is needed.

David Roskin, a Citi spokesperson, delivered the response to the Blade via email in response to Change.org petition asking Citibank ā€“ as well as Barclays ā€” to speak out publicly against the legislation. As of Friday, the online petition had more than 513,000 signatures.

ā€œWhile the laws and cultural norms in some countries where Citi operates differ from commonly accepted global standards for human rights, Citi supports equality without regard for race, gender, disability, age, nationality, sexual orientation, or other personal characteristics,” Roskin said.

The response makes no direct mention of the anti-gay bill in Uganda. Asked in a follow-up email whether this response mean Citi opposes the anti-gay Uganda legislation, Roskin referred to earlier his statement.

A Change.org statement published on Friday also includes a statement from Barclays saying the company is “engaging at appropriate levels of the Ugandan government” with respect to the anti-gay legislation.

“Barclays has a strong history of supporting all aspects of diversity, both in the workplace and in wider society. Equally, we are proud of playing our part in the development of economies across Africa, and the key role Barclays plays in the lives of millions of our African customers.ā€

“Barclays is aware of the proposed legislation relating to homosexuality in Uganda and we are engaging at appropriate levels of the Ugandan Government to express our views.”

According to Change.org, Citibank has almost $300 million in assets invested in Uganda and is a major leader in a U.S. Chamber of Commerce based in Kampala. Barclays, Ugandaā€™s third largest bank, has more than 1,000 employees and 51 branches throughout the country.

Collin Burton, a Citibank customer who launched the petition, rebuked the companies for the response ā€” calling the Citi statement “dismissive” and “contradictory” ā€” and said the company needs to come out more explicitly against the legislation.

“I’m disappointed thatĀ Citi deliveredĀ a dismissiveĀ statement that is not only contradictory in its very nature, but alsoĀ serves as aĀ reminder that Citi’sĀ refusal to speak boldly on the issue posesĀ a very real and dangerous threat to LGBT Ugandans, manyĀ of whom are also Citi customers,” Burton said. “I encourage CitibankĀ and Barclays officials toĀ live the values of equality outlinedĀ in their non-discrimination policiesĀ and courageouslyĀ come outĀ in staunch opposition to the UgandanĀ ‘Kill The Gays’ Bill. Their corporateĀ voices will positively amplify those of the over 500,000Ā global citizens who have already spoken out byĀ signingĀ the petition.”

Asked whether he’ll continue to bank at Citi, Burton replied, “I’llĀ make that decision based upon the finalĀ outcome of our efforts.”

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Pennsylvania

Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.

State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate

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President Joe Biden, Malcolm Kenyatta, and Vice President Kamala Harris (Official White House Photo by Adam Schultz)

Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.

In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, ā€œPennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because thatā€™s exactly what heā€™s been as a legislator.”

“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvaniaā€™s auditor general,” she said.

Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.ā€ 

In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.

He has been an active surrogate in the Biden-Harris 2024 reelection campaign.

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The White House

White House debuts action plan targeting pollutants in drinking water

Same-sex couples face higher risk from environmental hazards

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President Joe Biden speaks with reporters following an Earth Day event on April 22, 2024 (Screen capture: Forbes/YouTube)

Headlining an Earth Day event in Northern Virginia’s Prince William Forest on Monday, President Joe Biden announced the disbursement of $7 billion in new grants for solar projects and warned of his Republican opponent’s plans to roll back the progress his administration has made toward addressing the harms of climate change.

The administration has led more than 500 programs geared toward communities most impacted by health and safety hazards like pollution and extreme weather events.

In a statement to the Washington Blade on Wednesday, Brenda Mallory, chair of the White House Council on Environmental Quality, said, ā€œPresident Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history ā€” and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

ā€œThis Earth Week, the Biden-Harris Administration announced $7 billion in solar energy projects for over 900,000 households in disadvantaged communities while creating hundreds of thousands of clean energy jobs, which are being made more accessible by the American Climate Corps,” she said. “President Biden is delivering on his promise to help protect all communities from the impacts of climate change ā€” including the LGBTQI+ community ā€” and that we leave no community behind as we build an equitable and inclusiveĀ clean energy economy for all.ā€

Recent milestones in the administration’s climate policies include the U.S. Environmental Protection Agency’s issuance on April 10 of legally enforceable standard for detecting and treating drinking water contaminated with polyfluoroalkyl substances.

“This rule sets health safeguards and will require public water systems to monitor and reduce the levels of PFAS in our nationā€™s drinking water, and notify the public of any exceedances of those levels,” according to a White House fact sheet. “The rule sets drinking water limits for five individual PFAS, including the most frequently found PFOA and PFOS.”

The move is expected to protect 100 million Americans from exposure to the “forever chemicals,” which have been linked to severe health problems including cancers, liver and heart damage, and developmental impacts in children.

An interactive dashboard from the United States Geological Survey shows the concentrations of polyfluoroalkyl substances in tapwater are highest in urban areas with dense populations, including cities like New York and Los Angeles.

During Biden’s tenure, the federal government has launched more than 500 programs that are geared toward investing in the communities most impacted by climate change, whether the harms may arise from chemical pollutants, extreme weather events, or other causes.

New research by the Williams Institute at the UCLA School of Law found that because LGBTQ Americans are likelier to live in coastal areas and densely populated cities, households with same-sex couples are likelier to experience the adverse effects of climate change.

The report notes that previous research, including a study that used “national Census data on same-sex households by census tract combined with data on hazardous air pollutants (HAPs) from the National Air Toxics Assessment” to model “the relationship between same-sex households and risk of cancer and respiratory illness” found “that higher prevalence of same-sex households is associated with higher risks for these diseases.”

“Climate change action plans at federal, state, and local levels, including disaster preparedness, response, and recovery plans, must be inclusive and address the specific needs and vulnerabilities facing LGBT people,” the Williams Institute wrote.

With respect to polyfluoroalkyl substances, the EPA’s adoption of new standards follows other federal actions undertaken during the Biden-Harris administration to protect firefighters and healthcare workers, test for and clean up pollution, and phase out or reduce use of the chemicals in fire suppressants, food packaging, and federal procurement.

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Maine

Maine governor signs transgender, abortion sanctuary bill into law

Bomb threats made against lawmakers before measureā€™s passage

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Maine Gov. Janet Mills congratulates members of Maine Women's Basketball. In March the team won the America East championship. (Photo courtesy of Millsā€™s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signedĀ LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law.

With this action, Maine becomes the 16th state to explicitly protect trans and abortion care in state law from prosecution. This followsĀ several bomb threatsĀ targeting state legislators after social media attacks from far-right anti-trans influencers such asĀ Riley GainesĀ andĀ Chaya Raichik of Libs of TikTok.

An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are “legal rights” in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maineā€™s borders, asserting jurisdiction over those matters.

It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

You can see the findings section of the bill here:

The bill also explicitly enshrines the World Professional Association of Transgender Healthā€™s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of trans healthcare:

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on trans patients who traveled to obtain care. According to theĀ U.S. Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records “to terrorize transgender teens in their states ā€¦ opening the door to criminalizing womenā€™s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who,Ā according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Childrenā€™s Hospital, which received a letter threatening administrators with arrest unless they sent data on Texas patients traveling to Seattle to obtain gender-affirming care.

Seattle Childrenā€™s Hospital settled that case out of court this week, agreeing to withdraw its Texas business registration in return for Texas dropping its investigation. This likely will have no impact on Seattle Childrenā€™s Hospital, which has stated it did not treat any youth via telemedicine or in person in Texas; the hospital will be able to continue treating Texas youth who travel outside of Texas to obtain their care. That settlement was likely compelling due to a nearly identical law in Washington that barred out-of-state investigations on trans care obtained solely in the state of Washington.

The bill has faced a rocky road to passage. A similar bill was debated in January, but after coming under intense attack from anti-trans activists who misleadingly called it a “transgender trafficking bill,” the bill was voluntarily withdrawn by its sponsor.

When LD 227 was introduced, it faced even more attacks from Gaines and Libs of TikTok. These attacks were followed by bomb threats that forced the evacuation of the legislature, promising “death to pedophiles” and stating that a bomb would detonate within a few hours in the capitol building.

Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who “aid and assist” gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

See a few of the extensive health insurance and malpractice provisions here:

Speaking about the bill, Gia Drew, executive director of Equality Maine,Ā said in a statement, ā€œWe are thrilled to see LD 227, the shield bill, be signed into law by Gov. Mills. Thanks to our pro equality and pro reproductive choice elected officials who refused to back down in the face of disinformation. This bill couldnā€™t come into effect at a better time, as more than 40 percent of states across the country have either banned or attempted to block access to reproductive care, which includes abortions, as well as transgender healthcare for minors. Thanks to our coalition partners who worked tirelessly to phone bank, lobby, and get this bill over the finish line to protect community health.ā€Ā 

Related

Destie Hohman Sprague of the Maine Womenā€™s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, ā€œA gender-just Maine ensures that all Mainers have access to quality health care that supports their mental and physical wellbeing and bodily autonomy, including comprehensive reproductive and gender-affirming care. We celebrate the passage of LD 227, which helps us meet that goal. Still, the patterns of violence and disinformation ahead of the vote reflected the growing connections between misogyny, extremism, and anti-democratic threats and actions. We must continue to advocate for policies that protect bodily autonomy, and push back against extremist rhetoric that threatens our statesā€™ rights and our citizensā€™ freedoms.ā€

The decision to pass the legislation comes as the Biden administration released updated HIPAA protections that protect “reproductive health care” from out-of-state prosecutions and investigations.

Although the definition of “reproductive health care” is broad in the new HIPAA regulations, it is uncertain whether they will include gender-affirming care. For at least 16 states, though, gender-affirming care is now explicitly protected by state law and shielded from out-of-state legislation, providing trans people and those seeking abortions with protections as the fight increasingly crosses state lines.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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