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Gay State Department official tapped for ambassadorship

Daniel Baer would represent the U.S. at OSCE in Vienna

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U.S. Department of State Deputy Assistant Secretary Daniel Baer (Washington Blade photo by Michael Key)

The White House on Monday announced that President Obama has nominated Daniel Baer to become the next ambassador of the Organization for Security and Cooperation in Europe (OSCE.)

Baer, who is the current assistant secretary for the Bureau of Democracy, Human Rights and Labor at the U.S. State Department, would become the fourth openly LGBT person to serve as a U.S. ambassador. David Huebner has been the ambassador to New Zealand and Samoa since 2009. Michael Guest was the ambassador to Romania from 2001-2004 and James Hormel was the ambassador to Luxembourg from 1999-2001.

OSCE, which is based in Vienna, comprises 57 European, Asian and North American countries that cooperate on security, terrorism, economic and human rights issues. The organization formed in the 1970s during the Cold War.

Baer, who has been in his current position since Nov. 2009, was previously an assistant professor at Georgetown University’s McDonough School of Business. He was a fellow Harvard University’s Edmond J. Safra Foundation Center for Ethics from 2007-2008 and worked at the Boston Consulting Group from 2004-2007.

Baer discussed the State Department’s efforts to support LGBT rights efforts abroad during an interview with the Washington Blade last month.

Then-Secretary of State Hillary Clinton in 2011 proclaimed “gay rights are human rights” during a landmark speech she gave in Geneva to commemorate International Human Rights Day. Obama on the same day issued a presidential memorandum that directed government agencies that implement American foreign policy to promote LGBT rights in the countries in which they work.

Secretary of State John Kerry on June 5 released a video that marked LGBT Pride Month.

The U.S. Ambassador to Moldova William Moser on May 19 marched in an LGBT Pride parade in Chisinau, the country’s capital. Embassies in Bosnia-Herzegovina, Estonia, Vietnam and other countries last month commemorated the annual International Day Against Homophobia.

Foreign service officers have also participated in LGBT-specific events in Chile and other nations over the last year.

Clinton last August honored Ugandan LGBT rights advocate Frank Mugisha at the U.S. embassy in Kampala, the country’s capital. She, Kerry and Obama have repeatedly spoken out against anti-LGBT violence in countries that include Honduras, Jamaica, Russia and Zimbabwe.

Baer, who spoke to the Blade two days before the start of a USAID-backed training in Bogotá, Colombia, that 30 LGBT advocates from across the South American country attended, said the former First Lady’s 2011 speech and Obama’s referendum “gave a boost to efforts that were already underway.”

“Part of what we’re associated with in the world is human rights leadership and that means taking on the opportunities to speak up and to be a voice for the voiceless and to advocate for equal dignity for all persons by virtue of their being persons,” he said. “This is fully consistent with that, which has been a bi-partisan commitment through Republican and Democratic administrations for a long-time.”

He said ambassadors and their staffs continue to look for opportunities to engage the governments with whom they work on these issues.

“Where there are opportunities to either cooperate or to raise concerns, that’s something we do on a government-to-government channel,” Baer said.

He added the State Department also seeks to identify LGBT advocates and organizations and “try to take our cues from them” as to how to best support them.

“One of the things we can do is help them build their capacity to do the work that NGOs (non-governmental organizations) do,” Baer said.

Baer did not immediately return the Blade’s request for comment on Monday.

Human Rights Campaign President Chad Griffin applauded Baer’s nomination.

“Daniel has worked tirelessly to promote democracy and human rights in every corner of the globe, helping to secure and protect the freedoms of the world’s most vulnerable communities,” he said in a statement.

The Washington Post on Monday reported Obama is expected to nominate as many as five gay men to fill ambassadorships in the coming weeks. They include former Office of Personnel Management Director John Berry, whom the newspaper reported the president will tap to become the next U.S. ambassador to Australia.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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