National
Ugandan president signs anti-gay bill into law
Yoweri Museveni was in an ‘upbeat mood’
Ugandan President Yoweri Museveni on Monday signed a bill into law that imposes a life sentence upon anyone found guilty of repeated same-sex sexual acts.
“I have failed to understand that you can fail to be attracted to all these beautiful women and be attracted to a man,” Museveni told reporters as he signed the so-called Anti-Homosexuality Bill at his official residence in Entebbe, according to Agence France-Presse. “That is a really serious matter. There is something really wrong with you.”
The news agency reported Museveni described gays and lesbians as “mercenaries” who are actually “heterosexual people but because of money they say they are homosexuals.”
Museveni also said oral sex can cause worms, Hepatitis B and other sexually transmitted diseases.
“The mouth is for picking food, not for sex,” he said, according to Agence France-Presse. “We know the address for sex. That address (the mouth) is not for sex. The mouth is for eating not for sex. The mouth is engineered for kissing.”
Museveni signed the controversial measure less than a week after he rebuked President Obama’s criticism of him over the issue.
āAfricans do not seek to impose their views on anybody,ā said Museveni in a Feb. 18 statement. āWe do not want anybody to impose their views on us. This very debate was provoked by Western groups who come to our schools and try to recruit children into homosexuality. It is better to limit the damage rather than exacerbate it.ā
Museveni said he sought “scientific opinions” on whether people were “born homosexual.”
The Ugandan president in his statement specifically cited Robert F. Kennedy Center for Justice and Human Rights President Kerry Kennedy ā with whom he met last month ā for sending him information from U.S. scientists who said āthere could be some indications that homosexuality could be congenital.ā Museveni said scientists from the Ugandan Ministry of Health and two other agencies came to a āunanimous conclusionā that āhomosexuality, contrary to my earlier thinking, was behavioral and not genetic.ā
āWhat I want them to clarify is whether a combination of genes can cause anybody to be homosexual,” added the Ugandan president in his Feb. 18 statement. “Then my task will be finished and I will sign the bill.ā
Ofwondo Opondo, a spokesperson for the Ugandan government, noted on Twitter that Arizona lawmakers last week approved a bill that would allow businesses to deny services to gays and lesbians based on their religious beliefs.
“What is [President] Obama saying to Arizona state law just passed to deny gays services on religious grounds,” said Opondo.
Frank Mugisha, executive director of Sexual Minorities Uganda, a Ugandan LGBT advocacy group, blasted Museveni.
“President Museveni’s scientific inquiry is a smokescreen for what is truly going on: political homophobia at its worst,” Mugisha told the Washington Blade. “Last month the President said he would not sign this fascist bill. But now, it seems he has sold us out for the votes of his party. It is politics ā plain and simple ā all at the expense of LGBTI Ugandans.”
U.N. High Commissioner for Human Rights Navi Pillay is among those who also criticized the Ugandan president for signing the bill.
āThis law violates a host of fundamental human rights, including the right to freedom from discrimination, to privacy, freedom of association, peaceful assembly, opinion and expression and equality before the law ā all of which are enshrined in Ugandaās own constitution and in the international treaties it has ratified,ā said Pillay.
Uganda is among the 70 countries in which homosexuality remains criminalized.
U.S. Sen. Jim Inhofe (R-Okla.), who met with Museveni last month during a trip to Uganda with four other American lawmakers, is among those who have urged the Ugandan president not to sign the Anti-Homosexuality Bill into law.
āI certainly disagree with the controversial legislation that Uganda may enact in the coming days,ā the Oklahoma Republican told the Washington Blade last week. āAs Iāve said before, it is my hope that the country will abandon this unjust and harsh legislation.ā
The Center for Constitutional Rights in March 2012 filed a federal lawsuit against Scott Lively on behalf of Sexual Minorities Uganda, a Ugandan LGBT rights group, that accuses the evangelical Christian of exploiting homophobic attitudes in the East African country and encouraging lawmakers to approve the Anti-Homosexuality Bill. Judge Michael A. Posner of the U.S. District Court for the District of Massachusetts last August ruled the lawsuit can proceed.
Lively described the Center for Constitutional Rights as a “Marxist law firm from New York City” during a Feb. 21 press conference at the National Press Club in downtown Washington where he and other anti-gay advocates announced the creation of a new organization designed to combat the global LGBT rights movement.
āThe purpose of the lawsuit is to shut me up because I speak very articulately about the homosexual issue from a pro-family perspective,ā said Lively in response to the Blade’s question about the lawsuit and whether his new group will encourage additional anti-LGBT violence and discrimination in Uganda and other countries.
Lively categorized the Anti-Homosexuality Bill to the Blade as “overly harsh on its face, but this is typical of African criminal law across the continent.”
“Poor countries with limited criminal justice systems tend to rely on the harshness of the letter of the law to be a deterrent to criminals,” he said on Monday. “In practice, the sentencing is usually pretty lenient. Kenya, for example, has the death penalty for burglary, but burglars are definitely not being executed there.”
Lively added he has “explained this phenomenon” to more than two dozen journalists at “top media outlets that have interviewed me over the past couple of years, but none have included this perspective in their stories.”
“I guess it would undermine their efforts to bolster the ‘gay’ cause,” he told the Blade.
The Washington Blade will have more information on this story as it becomes available.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
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 āderisive, 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 āit 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 ātext, 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.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
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 āfurther 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.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
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
āApplying rational-basis review, the age-verification requirement is rationally related to the governmentās legitimate interest in preventing minorsā access to pornography,ā the three judge panel of the 5th Circuit explained. āTherefore, 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 courtās 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.
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 āineffective, 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 DMVās Wallet app, which contains a mobile driverās license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateās 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 driverās licenses or other methods.
The Associated Press reported this past October that an adult entertainment groupās 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.
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.
āAs 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
āMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā the statement continues. āAs weāve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā
āUntil 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.
āAs 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. āWhile 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 Virginiaās 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
āWe 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,āĀ Lucas saidĀ on X, formerly Twitter. āWe will continue our work to keep pornography out of the hands of minors ā¦ but we will also work to ensure that this Governorās 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 worldās biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUās Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as āvery 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 EUās 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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