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Obama, civil rights advocates commemorate March on Washington

Several speakers on steps of Lincoln Memorial referenced LGBT issues

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Bill Clinton, Oprah Winfrey, Michelle Obama, Caroline Kennedy, Barack Obama, 50th anniversary of the March on Washington, Lincoln Memorial, gay news, Washington Blade
Bill Clinton, Oprah Winfrey, Michelle Obama, Caroline Kennedy, Barack Obama, 50th anniversary of the March on Washington, Lincoln Memorial, gay news, Washington Blade, Lynda Bird Johnson Robb, Jimmy Carter

Clockwise from top left: Ambassador Andrew Young, Lynda Bird Johnson Robb, Oprah Winfrey, Caroline Kennedy, President Obama, First Lady Michelle Obama and former Presidents Bill Clinton and Jimmy Carter on the steps of the Lincoln Memorial on Aug. 28, 2013. (Washington Blade photo by Jon Wooten)

More than 100,000 people on Wednesday gathered on on the National Mall to commemorate the 50th anniversary of the 1963 March on Washington.

President Obama, former Presidents Bill Clinton and Jimmy Carter, Oprah Winfrey, Georgia Congressman John Lewis, U.S. Sen. Angus King (I-Maine,) U.S. Reps. Donna Edwards (D-Md.) and JoaquĆ­n Castro (D-Texas,) Revs. Al Sharpton and Joseph Lowery, Myrlie Evers Williams, NAACP President Benjamin Jealous, Bahamian Prime Minister Perry Christie and Dolores Huerta who co-founded what became known as the United Farm Workers are among those who spoke on the steps of the Lincoln Memorial. Two of Rev. Martin Luther King, Jr.,ā€™s children ā€“ Martin Luther King, III, and Rev. Bernice King ā€“ and the slain civil rights leaderā€™s sister, Christine King Farris, also addressed the crowd.

ā€œBecause they marched, America became more free and more fair ā€” not just for African Americans, but for women and Latinos, Asians and Native Americans; for Catholics, Jews and Muslims; for gays, for Americans with a disability,ā€ Obama said. ā€œAmerica changed for you and for me, and the entire world drew strength from that example.ā€

The president said the 1963 March on Washington during which Martin Luther King, Jr., delivered his famous ā€œI Have a Dreamā€ speech ā€œteaches us that we are not trapped by the mistakes of history; that we are masters of our fate.ā€ Obama stressed unity, while saying Americans will have to ā€œreignite the embers of empathy and fellow feeling, the coalition of conscienceā€ he said participants of the historic 1963 gathering expressed 50 years ago.

ā€œThat spirit is there,ā€ Obama said. ā€œI see it when a white mother recognizes her own daughter in the face of a poor black child. I see it when the black youth thinks of his own grandfather in the dignified steps of an elderly white man. Itā€™s there when the native-born recognizing that striving spirit of the new immigrant; when the interracial couple connects the pain of a gay couple who are discriminated against and understands it as their own.ā€

LGBT speakers who spoke during the 1963 March on Washington commemoration on Wednesday included Gay, Lesbian and Straight Education Network (GLSEN) Executive Director Eliza Byard, American Federation of Teachers President Randi Weingarten and Service Employees International Union (SEIU) President Mary Kay Henry. Alan van Capelle, the former executive director of the New York LGBT group Empire State Pride Agenda who is now the CEO of Bend the Arc, a Jewish social justice organization, also addressed the crowd.

ā€œWe may be closer to full legal equality; but we are far, far far from justice,ā€ van Capelle said as he spoke out against a number of issues that include the New York Police Department’s controversial stop-and-frisk policy and anti-LGBT employment discrimination. ā€œWe are far from justice when a gay, lesbian or transgender person can be fired from their job simply because of who they are.ā€

A number of other speakers included LGBT-specific remarks in their speeches.

Mee Moua, president of Asian Americans Advancing Justice, said the slain civil rights leaderā€™s vision for the country is ā€œinclusive of all America.ā€

ā€œHis call to action invites each America: Asian America, black America, Hispano/Latino America, Native America, GLBTQ America, white America and men and women of America to take inspiration from our own circumstances,ā€ Moua said. ā€œAnd to know the price of freedom is the commitment to ensuring the security of liberty and justice for all.ā€

Maryland Gov. Martin Oā€™Malley noted his support of gay nuptials in his remarks.

Bernice King, who opposes marriage rights for same-sex couples, said the country has seen ā€œgreat strides towards freedom for allā€ regardless of sexual orientation and other factors since the 1963 March on Washington and the passage of the Civil Rights Act of 1964 and other landmark civil rights measures.

ā€œIt doesnā€™t matter whether youā€™re black or white, Latino, Asian America or Native American, whether youā€™re gay or straight,ā€ Lewis, who is the last living speaker from the original March on Washington, said. ā€œWeā€™re one people, weā€™re one family. We all live in the same houseā€”not just the American house; the world house.ā€

The commemoration of the 1963 March on Washington took place four days after Martin Luther King, III, U.S. Attorney General Eric Holder, House Minority Leader Nancy Pelosi (D-Calif.) and others linked LGBT equality to the broader civil rights movement during a separate gathering on the steps of the Lincoln Memorial that marked the landmark event.

Speakers honor Bayard Rustin

Ben Jealous, NAACP, March on Washington, gay news, Washington Blade

Ben Jealous, NAACP president and CEO (Washington Blade photo by Jon Wooten)

Byard is among those who paid tribute to Bayard Rustin, the gay man who organized the 1963 March on Washington, during their remarks at the Lincoln Memorial.

ā€œA movement spoke through him, but the world would not yet embrace him as a gay man,ā€ Byard said. ā€œToday, LGBT voices are welcomed to this stage.ā€

Kristin Stoneking, executive director of the Fellowship of Reconciliation, noted Rustin was also a Quaker and a pacifist.

ā€œHe refused to accept war by denying societyā€™s expectation that he be straight,ā€ she said.

Jealous noted to the Washington Blade during an interview after he spoke at the Lincoln Memorial the slain civil rights leaders backed Rustin in the years leading up to the original March on Washington and during the event itself.

ā€œHe made sure that Bayard, who was as out as anyone in 1963, was visible,ā€ Jealous said. ā€œThose small acts of courage magnify overtime and become transformative and set benchmarks and bars for the rest of us in our own lives and ultimately in our own politics.ā€

Van Capelle also discussed Rustinā€™s legacy with the Blade before he traveled to D.C. to speak at the March on Washington commemoration.

ā€œIā€™ll be thinking as much about Bayard Rustin as Iā€™ll be thinking about King, and how happy Bayard Rustin would probably be 50 years later to know that this country is embracing the civil rights of LGBT Americans,ā€ van Capelle said.

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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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