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LGBT Nigerians seek asylum in U.S., Canada

Bisexual man jailed, treated ‘like a criminal’

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Nigeria, Goodluck Jonathan, gay news, Washington Blade

Nigerian President Goodluck Jonathan. (Photo by World Economic Forum; courtesy Wikimedia Commons)

Duke, a 38-year-old bisexual Nigerian man who asked the Washington Blade not to publish his last name, arrived at his friend’s home in Nigeria’s largest city, Lagos, in the spring of 2012 after driving from a his pig farm when police officers arrested him.

He said the officers told him they took him into custody because he is gay. Duke said they proceeded to beat him “like I’ve never been beaten before” before they stripped him naked and placed him into a cell with a concrete floor with his hands handcuffed behind his back “like a criminal.”

Duke said his cellmate, who had been arrested in a gay club, died the next day from a combination of a lack of medication to treat his asthma and injuries he suffered when officers beat him.

Duke said they left the man’s body in the cell for three days before removing it – and they accused him of killing his cellmate.

The officers released him only after he signed a written confession that said the man died while he and Duke were having sex. Duke told the Blade they told him to report to local authorities a few days later, but he instead fled to Canada where he has lived since June 2012.

“If you go back these guys are going to kill you or they’re going to send you to jail,” he said during an interview earlier this month from Toronto, recalling the conversation he said he had with a friend before he left Nigeria.

Duke is one of four LGBT Nigerian asylum seekers in the U.S. and Canada with whom the Blade recently spoke.

O.T., a 27-year-old man who lives in Tenleytown, arrived in D.C. last November after he fled Lagos.

He told the Blade during a Feb. 17 interview that he has been arrested three times after police raided gay parties. O.T. said the officers charged them with sodomy – they also threatened, abused and treated him and others “like a criminal” while in custody.

O.T. told the Blade a man whom he met through a friend blackmailed and extorted money from him – he said he once threatened to stab him with a broken bottle in his own bedroom. O.T. said he fled Nigeria after the man threatened to tell the police he was having sex with him.

“I love my life,” said O.T. “I don’t want anything to happen to me, so I gave him some money. Unfortunately he kept coming back for more.”

A 49-year-old gay Nigerian lawyer who currently lives in Montgomery County told the Blade he was living in a village outside Abuja, the country’s capital, in September 2012 when a mob attacked him. He said he spent a week in the hospital after the police arrested him and beat him.

“This is why I came to America,” said the man who asked to remain anonymous.

A 21-year-old lesbian Nigerian woman told the Blade from Toronto she moved in with her aunt in Lagos as a teenager after her father kicked her out of her family’s home because of her sexual orientation.

She fled to Canada in 2012 after her girlfriend’s boyfriend caught them together.

“It didn’t end up very well,” she said. “He was threatening to expose us to everybody and all of that, so I had to leave.”

Asylum seeker returned to Nigeria in spite of danger

Nigeria is among the more than 70 countries in which consensual same-sex sexual acts remain criminalized. Those found guilty of homosexuality in the northern part of the African country under Shari’a law face the death penalty.

Duke told the Blade he fled to Gambia, a small West African country sandwiched between Senegal, in 2000 after his classmates caught him having sex with his boyfriend and attacked him.

Duke said he was “quiet about whatever I was doing” while in the predominantly Muslim nation because he “was aware of the dangers in case something happened.”

Gambian President Yahya Jammeh described gay men as “vermin” during a Feb. 18 speech on state television that commemorated the 49th anniversary of the country’s independence from the U.K. as Reuters reported. He said in separate remarks at the U.N. General Assembly last September that homosexuality is among the three “biggest threats to human existence.”

Duke told the Blade he and his boyfriend in late 2011 had a heated argument about having sex with his girlfriend before he was to have traveled to Ghana to apply for a work visa that would have allowed him to travel to Canada. He said a neighbor called the police after the two men began fighting.

Duke quickly left for the airport and flew to Accra, the Ghanaian capital, as scheduled.

He told the Blade he tried to call his boyfriend’s cell phone from Ghana several times, but he did not answer. Duke said he eventually spoke with a Gambian friend who told him “not to come back” to the country because the police had arrested his boyfriend and taken him to an unknown location.

Duke remained in Ghana for four more days before he reluctantly returned to his homeland.

“I sensed the danger in Nigeria, but that was many years ago,” he said. “I left Accra and went to Nigeria.”

Every entity in Nigeria ‘detests homosexuality’

Nigerian President Goodluck Jonathan last month signed a draconian bill into law that punishes those who enter into a same-sex marriage with up to 14 years in prison. The statute also prohibits anyone from officiating a gay union, bans same-sex “amorous relationships” and membership in an LGBT advocacy group.

“We regret that this bill was passed by Nigeria’s Assembly and signed by the president,” Aaron Jensen, a spokesperson for the Bureau of Democracy, Human Rights and Labor at the State Department, told the Blade on Wednesday. “This law goes far beyond prohibiting same-sex marriage.”

Jensen also dismissed claims the law’s supporters have made that homosexuality is something the West brought to Nigeria.

“Gay people and being gay is not a Western privilege; it’s a reality,” he said.

The Nigerian government did not return the Blade’s request for comment on the law or the reports of systematic anti-LGBT violence that have emerged from the country since Jonathan signed the statute.

The LGBT asylum seekers with whom the Blade spoke said they feel the Nigerian president signed the anti-gay bill into law because he wanted to bolster his re-election chances in the country’s 2015 presidential elections.

“I could not believe that he would actually approve that,” said the 21-year-old lesbian Nigerian who has applied for asylum in Canada. “I can’t even imagine what’s going to happen.”

O.T. told the Blade the statute has made things “more complicated for gay people in Nigeria.” He added he feels Jonathan should instead focus on reducing poverty and fighting Boko Haram, an Islamic extremist group that has killed an estimated 10,000 people in attacks throughout the northern part of the country since launching a violent insurgency in 2009.

“Unfortunately he signed the bill once it got to his desk,” said O.T. “The only thing that can bring the Muslim and Christian community to sit at one table and [talk] is the gay issue… two enemies that really want to kill each other can agree on this particular issue.”

Duke, who told the Blade he narrowly escaped a group of men in 2012 before they beat his partner unconscious in his home, made a similar point.

“If you look at Nigeria from left to right, east to west, north to south, every entity in that country detests homosexuality,” he said. “Every single group has given [Jonathan] a thumbs up.”

The 21-year-old lesbian Nigerian woman with whom the Blade spoke in Toronto said she has begun the Canadian asylum process, but it has not gone “so good” because she wasn’t able to receive her passport and other documents from her family. Duke’s first hearing took place last September, but the lawyer who originally represented him was Nigerian.

“The 21-year-old lesbian Nigerian woman with whom the Blade spoke in Toronto said she has begun the Canadian asylum process, but it has not gone “so good” because she wasn’t able to receive her passport and other documents from her family. Duke’s first hearing was to have taken place last September, but his current lawyer who is Jewish asked the judge to postpone it because it coincided with religious holiday.

Duke said he hired him because he felt his original lawyer, who is Nigerian, “detests LGBTQ” people like “those back home.”

O.T. said he filed his application for asylum in the U.S. two weeks ago.

The 49-year-old gay Nigerian man told the Blade his final hearing is scheduled to take place in October 2015. He said he is currently applying for a permit that will allow him to legally work in the U.S.

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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, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’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 Pennsylvania’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.” 

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, “President Biden is leading the most ambitious climate, conservation, and environmental justice agenda in history — and that means working toward a future where all people can breathe clean air, drink clean water, and live in a healthy community.”

“This 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 — including the LGBTQI+ community — and that we leave no community behind as we build an equitable and inclusive clean energy economy for all.”

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 nation’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 measure’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 Mills’s office)

BY ERIN REED | On Tuesday, Maine Gov. Janet Mills signed 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 follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and 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 Maine’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 Health’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 the 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 … opening the door to criminalizing women’s private reproductive health care choices.”

The most blatant of these attempts was from the attorney general of Texas, who, according to the Senate Finance Committee, “sent demands to at least two non-Texas entities.” One of these entities was Seattle Children’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 Children’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 Children’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, said in a statement, “We 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 couldn’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.” 

Related

Destie Hohman Sprague of the Maine Women’s Lobby celebrated the passage of the bill despite threats of violence, saying in a statement, “A 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 states’ rights and our citizens’ freedoms.”

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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