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Ahead of Houston vote, both sides ramping up efforts

Experts predict close vote on Tuesday

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Houston, Yes on 1, gay news, Washington Blade
Houston, Yes on 1, gay news, Washington Blade

(Image courtesy Houston Unites)

One day before Houston voters head to the polls to vote on an LGBT-inclusive comprehensive non-discrimination ordinance, both sides are ramping up their game ahead of what’s now expected to be a close vote.

The Houston Equal Rights Ordinance (HERO), which will go before voters on Tuesday as Proposition 1, would prohibit anti-LGBT discrimination — as well as bias against other groups of people — in the nation’s fourth largest city. The covered areas would be employment, services, contracting practices, housing and public accommodations.

Sean Theriault, who’s gay and a political scientist at University of Texas, Austin, said the landscape in Houston has changed rapidly in the aftermath of TV advertisements stoking fears about the measure allowing transgender people to use the bathroom consistent with their gender identity.

“Two weeks ago, I thought it was in the bag for our side,” Theriault said. “But, I must confess I’m a bit more nervous today. Turnout appears to be up in some conservative areas and the evil forces appear to be all over the media.”

Theriault’s assessment is consistent with the views of other political observers in Texas who say the race is tightening despite polls earlier this month showing a substantial lead in support for HERO.

On Saturday, the Human Rights Campaign announced in a blog post the organization has sent more than 30 staffers to Houston. The organization says the effort is now the largest mobilization of staff for a campaign in the LGBT group’s history.

Trevor Chandler, HRC’s associate regional field director, said in the blog post staffers are going door-to-door and making phone calls in a final wave of get-out-the-vote efforts.

“With only a few days to go this fight is going to go down to the wire,” Chandler said. “HRC staff are activating our members and recruiting volunteers to make that happen.”

In a Sunday blog post, the LGBT group Freedom of All Americans said it has sent nearly its entire staff to Houston this week to work on the get-out-the-vote efforts.

Following a wave of anti-trans TV ads, Texas Gov. Greg Abbott encouraged Houston residents on his personal Twitter account to reject HERO based on discredited assertions the measure would allow unlawful conduct in public restrooms.

Supporters of HERO say misconduct in restrooms would still be punishable under the law in the event the ordinance is approved.

On other side, President Obama and Vice President Joseph Biden have expressed support for HERO through the White House. Democratic presidential candidates Hillary Clinton, Bernard Sanders and Martin O’Malley have also expressed support for the measure. Secretary of Housing & Urban Development Julian Castro also supports HERO.

The Faith Family Freedom Fund, a super fund affiliated with the anti-LGBT Family Research Council, issued an email blast drawing attention to Clinton’s endorsement of HERO and seeking to raise funds for the opposite purpose.

“Hillary’s public support tells us that she recognizes the national significance a win or loss on this vote would have,” it says. “The Faith Family Freedom Fund is doubling-down on our efforts to make sure Houston voters are given all the facts as they vote on this and we’re asking for your support.”

By way of fundraising emails from HRC, celebrities who’ve expressed support for HERO include the first openly gay NFL draft pick Michael Sam, actress Sally Field, gay actor Matt Bomer and gay actor Jim Parsons of “The Big Bang Theory.”

Theriault cautioned, however, that celebrity endorsements may not have a positive impact on HERO.

“Frankly, I’m not sure how helpful it is to have all the L.A. celebrities come to town,” Theriault said. “Probably good for fundraising, but not necessarily good for appealing to the undecided voter.”

Other endorsements HRC has touted include local faith leaders who spoke Monday at Houston’s Grace Lutheran Church as well as leaders from the local chapter of the NAACP.

Polls are open in Houston on Tuesday between 7 a.m. and 7 p.m. Central Time.

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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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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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