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Korean LGBTQ experts push for peace

Bay Area group praises developments from U.S.-North Korea summit

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Members of HOBAK expressed hope for peace on the Korean peninsula. (Photo courtesy of Ryan Sin Photography)

A brief statement signed June 12 by President Donald Trump and North Korean leader Kim Jong Un concluded a historic summit in Singapore. The agreement was short on details but fodder for explosive speculation.

Trump committed the U.S. to vague “security guarantees” in exchange for a “firm and unwavering commitment to complete denuclearization of the Korean peninsula” with no specific language about verification or a timeline.

Trump also called off “war games,” otherwise known as joint U.S. military exercises with South Korea that has heretofore provided an umbrella of protection for the region. The announcement surprised both South Korea President Moon Jae-in and the Pentagon.

“Our military exercises are defensive in nature,” Frank Jannuzi, CEO of the Maureen and Mike Mansfield Foundation and former deputy executive director of Amnesty International USA, told the Los Angeles Blade. “What’s remarkable to me here is that you’ve got Trump unilaterally suspending those exercises and getting nothing for it. It’s not like the North had made a reciprocal pledge to both suspend production of fissile material [that which is capable of sustaining a nuclear fission reaction] and to suspend their large-scale military exercises.”

Trump “is way out of his depth,” “duped” by the violent dictator Kim Jong Un, former CIA Director John Brennan told MSNBC. The statement of principles was something Un had already signed more specifically with South Korea.

Others, however, remain optimistic. Ju-hyun Park, a member of the Communications Committee of Hella Organized Bay Area Koreans (HOBAK), a San Francisco-area collective founded as a home for queer and trans Koreans, told the Los Angeles Blade: “The cancellation of U.S.-ROK [South Korean] military drills and the DPRK’s [North Korea’s] commitment to denuclearization are positive steps towards the realization of peace and reunification on the peninsula. We hope talks continue and result in demilitarization and denuclearization, including of U.S. assets.”

Christine Ahn, co-founder of the Korea policy Institute and founder and international coordinator of Women Cross DMZ—a coalition of women working to end the decades-long stalemated Korean War—told Democracy Now on Tuesday: “This is unprecedented. It’s a new day for the Korean peninsula. The joint statement talks about peace and prosperity and security. It remains the job of civil society, and especially of women’s groups, to be sure we’re included in this peace process.”

Women and LGBTQ Koreans have long been pushing for peace in the region as the best way to secure more freedoms and protections for gender and sexual minorities on the Korean peninsula. Both North and South Korea have been beset by human rights abuses, as well as prejudice from the American-influenced Christian Right against LGBTQ people.

Trump said human rights abuses were discussed “briefly” during the summit, but did not elaborate. Rather, he showed Un a four-minute video produced by WhiteHouse.gov and California-based Destiny Productions about what his country could be. The video comes off as a movie trailer “about a special moment in time when a man is presented one chance that may never be repeated. What will he choose – to show vision and leadership – or not?” Trump, who lavished praise on Un, told reporters that the North Korean leader and his entourage were impressed.

Many experts and activists, including members of HOBAK, watched the summit with both trepidation and excitement since the world leaders are known for being unpredictable. They feel the inclusion of women and LGBTQ communities in peace talks could help to usher in an era of demilitarization and reconciliation and want to offer insights into a better way forward.

HOBAK, a group of 20 grassroots activists, promote gender equality, LGBTQ rights, demilitarization, Korean reunification, and other progressive policies both on the Korean Peninsula and in the U.S. The group believes that American involvement in the ongoing Korean War has only stymied hopes for peace and demilitarization.

“I think we’ve been seeing this again with Donald Trump’s administration, where they have been really fanning the flames of hostility and tension,” Hyejin Shim told the LA Blade. “U.S. occupation has really impacted the politics of South Korea because the U.S. has positioned itself as South Korea’s benefactor and savior. To our understanding, the relationship between the U.S. and the South Korean government—that was a relationship that propped up South Korean dictators for many decades after the Korean War,” started June 25, 1950.

Having women and LGBTQ folks involved in the peacemaking process leads to actual and more lasting peace deals, said Ahn, who has hosted international peace summits in Seoul and Pyongyang. The ongoing state of war is “used by governments on both sides to justify a very repressive national security state. Obviously, on a scale of one to 10, it’s a 10 in North Korea. And in South Korea, it depends on whether it’s a more progressive or liberal administration, versus a neoconservative one.” While she did not minimize North Korea’s record on human rights, Ahn said the treatment of LGBTQ visitors has been worse in South Korea, by comparison. 

Ahn has led delegations of Korean-Americans to North Korea, half of whom have been queer. “It’s really extraordinary the percentage of queer Koreans who have been involved in this [peace and de-militarization] movement,” Ahn said. In one instance, a woman asked the government-appointed tour guide “minder” what he imagined Kim Jong-un would say concerning queer people. The “minder” said something to the effect of:  “It doesn’t matter what your sexual orientation is, as long as you’re for the revolution and for advancing equality.”

When the woman relayed the story to elderly first-generation Korean-American immigrants in the U.S.—a community traditionally known to be heterosexist and patriarchal—she received a standing ovation. “It just shows there isn’t a monolithic view or experience within North Korea, that there are obviously competing views,” Ahn said. “It’s important to have these honest conversations to bring about change both there and here.”

“We know that nations at war are not friendly to human rights,” she said. “Not to justify it, but why don’t we try a different approach? Why don’t we try engagement? If we can get to peace, a lot of things will improve in the day-to-day existence of people [on the Korean Peninsula].”

Jannuzi agreed that peace and human rights “go hand in hand.” However, he said, “The hostilities don’t account for the lack of a judicial system or trial; the inability to worship; the inability to have access to information; or the restrictions on people to express any criticism of the government. Their policies are draconian. They exercise collective punishment of entire families—children and parents are sent to jail for crimes committed by family members. It’s an authoritarian state that’s keeping a tight grip on its people.”

The United Nations Commission of Inquiry on DPRK (Democratic People’s Republic of Korea—North Korea), Jannuzi noted, found the country is among the world’s more repressive and intolerant societies. “There are maybe 120,000 political prisoners who are in gulags because of their political beliefs. That may include people who are [incarcerated for] their sexual orientation or sexual practices,” but there is a lack of good data on this front.

LGBTQ communities in South Korea, too, face social and political repression. As Pride celebrations unfold in cities and towns across the United States, LGBTQ people in Seoul will risk their safety by taking to the streets in rainbow regalia. Counter-protesters have been known to assault Pride participants, who often wear sunglasses and concealing headgear to guard against accidental or intentional outing because they fear reprisal from their families, employers, friends and communities.

Shim, who is queer, told the LA Blade the South Korean military has been known to root out gay and bisexual men from its ranks by using entrapment techniques. Service members are solicited with gay apps such as Jack’d and Grindr that are often used by men who have sex with men. After they are outed and subsequently discharged from the armed forces, gay and bisexual men face prison sentences because able-bodied men in South Korea between the ages of 18 and 35 must complete two years of compulsory military service. If they don’t complete the full two-year term, they are required to make up the difference in a correctional facility.

Additionally, while consensual same-sex activity is legal among civilians in South Korea, it is punishable by up to two years imprisonment—or institutionalization—if participants are in the military.

Despite the pervasiveness of homophobia in South Korea, HOBAK is hopefully advocating for a comprehensive anti-discrimination law. Pew research found public opinion has shifted toward LGBT acceptance more in South Korea than in any of the other 39 countries surveyed.

Homophobia persists, however, fueled by a Christian conservatism originated in the late 1880s. For instance, South Korean Prime Minister Moon Jae-in has a distinguished record of supporting progressive policies, but answered a campaign question about gay rights by saying he is against homosexuality.  

But HOBAK persists, as well. During her most recent trip to Jeju Island, part of South Korea’s Jeju Province, Shim attended Pride celebrations and witnessed the viciousness of counter-protesters wielding signs akin to those brandished by members of the Westboro Baptist Church. “So much of South Korean politics is very interrelated and interconnected,” Shim said. “So there are LGBT folks doing labor stuff—queer people are everywhere, so of course they’re involved in everything.”

Ahn is pleased with the summit. Nuclear weapons would instantly kill 300,000 people on the Korean Peninsula and now Trump no longer has the option to launch a first strike. Ahn believes Women Cross DMZ “planted a seed” in Trump’s mind through a letter they sent him saying he had unique opportunity to do what no American president has successfully done before: bring an end to the longest U.S. conflict.

Jannuzi said that peace would open the door to further negotiations, including those focused on human rights. “I don’t think there’s anything about the North Korean human rights situation that would be improved through coercion,” he said. “Pressure in the form of military pressure or economic sanctions is not the way to convince them to improve their human rights record.”

Jannuzi would like to see a human rights working group that would address human rights and human security issues, including in freedom of expression and religion, as well as protections for LGBTQ people. “Making peace with North Korea,” he said, “is the best way to gain access and leverage to begin to improve human rights in North Korea.”

Jannuzi however, cautioned that this most recent pledge by North Korea to denuclearize is “more vague, weaker, and less specific than almost all of the previous commitments that have been made,” while also extolling the importance of the Summit. “We’ve accomplished very little so far, but we’ve started a process,” he said.

Ahn is focused on peace: “This could be so good for peace in Korea, peace in northeast Asia, for the abolishment of nuclear weapons and for world peace. And we should not be trying to derail it because of our disdain for Trump but see it in the broader picture of what this means for the possibility of a future of world peace.”

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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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