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Latin American LGBT advocates visit U.S.

Group visited D.C., New York

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Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

A group of Latin American LGBT rights advocates toured the Washington Blade offices on Jan. 31 (Washington Blade photo by Damien Salas)

The State Department has invited a group of Latin American LGBT rights advocates to the U.S. to meet with their American counterparts.

LGBT Federation of Argentina President Esteban Paulón; Alberto Moscoso Flor, executive director of the Civil Association for Social Development and Cultural Promotion of GLBT Freedom in Bolivia; Juan Fuentealba Álvarez of the Chilean It Gets Better Foundation; Paulina Torres Mora of “Beso Diverso” in Costa Rica; Deivis Ventura of the “Amigos Siempre Amigos” Network of Volunteers in the Dominican Republic; Diane Marie Rodríguez Zambrano, president of the Silueta X Association in Ecuador and Clauvo Velásquez of the Homosexual Community of Hope for the Loreto Region of Perú arrived in D.C. on Jan. 25 as part of the State Department’s International Visitor Leadership Program.

The group met with former Human Rights Campaign President Elizabeth Birch, members of the Metropolitan Police Department and the Inter-American Commission of Human Rights and Gender Rights Maryland Executive Director Dana Beyer while in the nation’s capital. The advocates also toured the Washington Blade office on Jan. 31 where they met with this reporter and publisher Lynne Brown.

The group met with gay New York State Assemblyman Danny O’Donnell; Hetrick-Martin Institute CEO Thomas Krever; Adam Frankel of Human Rights Watch; staffers of the Office of the U.N. High Commissioner for Human Rights, the International Gay and Lesbian Human Rights Commission and All Out and gay blogger Andrés Duque while in New York.

The activists are scheduled to visit Texas and California before leaving the U.S. later this month.

“Our work is focused on showing other realities to LGBT kids and youth so they can have hope for the future and celebrate diversity,” Fuentealba told the Blade. “We believe that all players involved in the construction of our society play an important role in this goal. And newspapers, TV stations and the film industry, among others, are key elements on making a change.”

Rodríguez, a transgender woman who unsuccessfully sought a seat in the Ecuadorian Congress last year, filed a complaint against her South American country’s government with the Inter-American Commission on Human Rights while in D.C.

She was able to receive an amended identity card without her birth name after she won a lawsuit in 2009, but it did not list her gender as female. Rodríguez told the Blade she was kidnapped for four hours in 2012 because of her advocacy efforts.

“I hope that the court will analyze my case and the case of transgender people who are coming behind me,” she said.

U.S. LGBT rights advocates who met with their Latin American counterparts welcomed the opportunity to do so.

“Human rights activism offers precious few opportunities to sit back, even just for an hour, and share information about the struggles and strategies of our peers,” IGLHRC Latin America and Caribbean Coordinator María Mercedes Gómez exclusively told the Blade, noting she and her colleagues discussed anti-LGBT violence in the region, bullying, access to health care and gender-appropriate identity cards during their meeting with the group on Wednesday. “We talked about the fact that those who are the most vulnerable to abuse are those who transcend and challenge prevailing gender roles — in other words, our struggle is not only about sexual orientation or gender identity, it is about the freedom of everyone to be who they are.”

“The State Department invited a remarkable group of young activists from across Latin America and the Caribbean, each a leader in his or her community,” added Beyer, who announced her candidacy against Maryland state Sen. Rich Madaleno (D-Montgomery County) late last month. “Their insights about common problems, derived from their own national experiences, were often diverse, and prompted some fascinating conversations.”

O’Donnell said in a press release his office released after his Feb. 3 meeting with the advocates that they discussed marriage rights for same-sex couples, anti-LGBT violence and efforts to curb bullying.

The New York lawmaker also talked about the important role he feels openly gay legislators can play in debates over the aforementioned issues. He highlighted his own experience with his fellow lawmakers during the 2011 debate on the Empire State’s same-sex marriage bill that Gov. Andrew Cuomo signed into law.

“That way someone is always around when legislation is being debated, not an outside person or group, but one of their own, a colleague,” said O’Donnell.

The State Department has previously invited Latin American LGBT rights advocates to the U.S.

Six Colombian activists visited D.C., Iowa and California last April. A group of LGBT rights advocates from Chile, Argentina, Bolivia, Colombia, Brazil, Ecuador, Panamá, Costa Rica and México visited the U.S. in 2012.

The Gay and Lesbian Victory Institute and two Colombian advocacy groups – Colombia Diversa and Caribe Afirmativo – have organized two trainings over the last year designed to encourage LGBT people to become more involved in the South American country’s political process. These gatherings are part of the USAID-backed LGBT Global Development Partnership that will contribute $11 million over the next three years to activist organizations in Ecuador and other developing countries.

Two Cuban LGBT rights advocates – Ignacio Estrada Cepero and Wendy Iriepa Díaz – met with Casa Ruby CEO Ruby Corado, U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) and others last year while in the U.S.

A number of Russian LGBT rights advocates have visited D.C. and other U.S. cities in recent months ahead of the 2014 Winter Olympics that begin on Thursday in Sochi, Russia.

Latvian LGBT rights advocate Kaspars Zailitis is also in the U.S. on another State Department-sponsored trip.

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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 “derisive, 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 “it 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 “text, 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.  

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further 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.” 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. 

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. 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional. 

“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’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 “ineffective, haphazard, and dangerous.” 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 DMV’s Wallet app, which contains a mobile driver’s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’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 driver’s licenses or other methods.

The Associated Press reported this past October that an adult entertainment group’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.

“As 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.”

“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”

“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” 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 to 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.

“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “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.”

Courthouse News reported that after Virginia’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.  

“We 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,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”

Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” 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 EU’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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