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Ugandan president to block anti-gay bill, officials say

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U.S. officials have received assurances from the Ugandan president that he would work to block a harshly anti-gay bill from becoming law in his country and would veto the legislation should it come to his desk, according to the State Department.

Jon Tollefson, a State Department spokesperson, told DC Agenda that Ugandan President Yoweri Museveni has pledged on several occasions to the top U.S. diplomat engaged in Africa that he would stop progress on the anti-gay bill.

Assistant Secretary of State for African Affairs Johnnie Carson received this assurance from Museveni on Oct. 24 during an in-person meeting with the president in Uganda and again during a phone conversation with Museveni on Dec. 4, Tollefson said.

Homosexual acts are already illegal in Uganda, but the anti-gay legislation ā€” a bill sponsored by a member of the presidentā€™s party ā€” would, among other things, institute the death penalty for repeat offenders of the homosexual acts ban and those who have homosexual sex while HIV positive.

Additionally, the bill would criminalize the formation of LGBT organizations and the publication or broadcast of pro-gay materials in Uganda.

The legislation is moving forward in the Ugandan parliament, and this week lawmakers were slated to have a second reading of the bill, according to the Times of London. Mark Bromley, chair of the Council for Global Equality, said the bill is expected to come up again in January for a final reading.

Tollefson said during the Oct. 24 meeting that Carson met with Museveni and other high-ranking Ugandan officials to express concern about the legislation and conveyed that its passage would be ā€œa big step backwards in human rightsā€ that ā€œcould really have the potential to harm the reputation of Uganda.ā€

ā€œAnd the president understood the concerns and said that he would do what he could to make sure the bill was not passed,ā€ Tollefson said. ā€œHe would not sign the bill. ā€¦ He made a commitment to the secretary that he would work to make sure it wasnā€™t signed into law.ā€

Tollefson said when the bill started moving forward and gaining international attention, Carson on Dec. 4 contacted Museveni by phone to reiterate U.S. concerns, and the president again expressed his commitment to stop the bill from becoming law.

ā€œSo that being said, the assistant secretary is expecting the president to live up to that commitment and ā€¦ he expects President Museveni to live up to his reputation as a leader in the HIV/AIDS struggle in Africa,ā€ Tollefson said. ā€œItā€™s a significant human rights issue. I know it also gets in the way of treatment and prevention and education on the HIV/AIDS front.ā€

Asked whether itā€™s the understanding of U.S. officials that Museveni would veto the legislation should it come to his desk, Tollefson replied, ā€œRight, thatā€™s a commitment that heā€™s made. He made that personally to the assistant secretary on that first meeting that he had on Oct. 24 and again on a call on Dec. 4, and so weā€™re going to continue to expect that.ā€

Tollefson said the United States wants Museveni to go beyond his private commitment to blocking the bill from becoming law and to make a public statement against the legislation.

ā€œHe has not done that, and weā€™ve asked him to come out and say how ā€” be a leader in this, just as heā€™s a leader in HIV/AIDS,ā€ Tollefson said.

On Friday at the State Department, Carson briefed non-governmental organizations on the commitment Museveni made to the United States and explained the work U.S. officials have done to prevent the measure from becoming law.

Tollefson said about 20 NGOs were represented at the briefing, including groups focused on African development, LGBT issues and confronting the HIV/AIDS pandemic. Among the groups that were invited to the briefing, which was closed to the public, were the Human Rights Campaign, the International Gay & Lesbian Human Rights Commission, Human Rights First and Human Rights Watch.

Bromley was among those in attendance at the briefing. He confirmed for DC Agenda that he was told Carson had received assurances from the Ugandan president that he would work to stop the bill from becoming law.

But Bromley said he isnā€™t sure whether the president would terminate the bill by vetoing it or via some other method.

ā€œIā€™m not incredibly sure that veto is the right word because Iā€™m still trying to clarify whether the president actually has the authority to veto under the parliamentary system, but basically he assured Assistant Secretary Carson in October and then again in December that he would keep the bill from going forward,ā€ Bromley said.

Noting that the bill came from a member of the presidentā€™s party and his party ā€œdominates the politicsā€ in Uganda, Bromley said pressure from the president would ā€œcertainly slow the bill.ā€

ā€œBut Secretary Carson made it clear that on two occasions, President Museveni has said he would stop the bill from going forward and he said that heā€™s continuing to write to him and sending messages that the U.S. expects him to honor his word,ā€ Bromley said.

Tollefson also detailed work the State Department has done to help block the legislation from going forward and said Carson has made clear to Museveni that ā€” in addition to rejecting the measure ā€” the United States expects full decriminalization of homosexuality in Uganda.

ā€œHe made very clear that we will not accept simply the removal of the death penalty or some of the harsher aspects of the law,ā€ Tollefson said. ā€œWe expect full decriminalization of sexual acts between adults. Thereā€™s no hedging on that.ā€

Noting that supporters of the legislation in Uganda have been saying religious leaders are in favor of the bill, Tollefson said the State Department has delivered to the country statements from U.S. religious leaders denouncing the legislation. A statement from Rick Warren, pastor of the Saddleback Church in California, was among the statements from religious leaders sent to Uganda in opposition to the bill. Warren recently spoke out against the bill.

Tollefson said the State Department also believes the legislation could have a detrimental effect on the region around Uganda and noted that movement on anti-gay legislation in Uganda and other countries will be recorded in the State Departmentā€™s annual human rights report.

ā€œIt wonā€™t just be focused on Uganda, weā€™re not going to make a lot of effort to remove this from Uganda while remaining silent on neighboring countries that have similar legislation even if theyā€™re already on the books,ā€ he said.

Asked whether restricting funds under the Presidentā€™s Emergency Plan for AIDS Relief could be a way to deter Uganda from passing the bill, Tollefson said that question came up during the Friday briefing, but U.S. officials are reluctant to pursue that option.

PEPFAR, a multi-billion dollar initiative started by President George W. Bush, provides treatment for those living with HIV/AIDS in developing countries.

ā€œPublic funds to start retroviral treatment is not a one-day commitment, itā€™s a lifetime commitment, and we havenā€™t had that discussion and we donā€™t want to have that discussion,ā€ Tollefson said. ā€œAnd, of course, no one would want to see that happen, so itā€™s not something that we want to consider.ā€

Bromley said heā€™s impressed with the State Departmentā€™s level of commitment to stopping the anti-gay legislation from being passed.

ā€œIā€™m very pleased that the State Department has been so forceful and is now publicly challenging President Museveni to honor his word and commitment,ā€ Bromley said. ā€œIā€™m pleased that they are responding as assertively as they are and that they are now doing so in a public fashion.ā€

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Supreme Court begins fall term with major gender affirming care case on the docket

Justices rule against Biden admin over emergency abortion question

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.

First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.

The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.

The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.

The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.

Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.

The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”

The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.

The organization notes that “leading medical experts and organizations ā€” such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics ā€” oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”

When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.

The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.

Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.

The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”

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Lesbian software developer seeks to preserve lost LGBTQ history

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ā€˜There's so much history, and we have to transfer it to the digital,ā€™ says Kristen Gwinn-Becker.

Up until the early 2010s, if you searched ā€œBabe Ruthā€ in the Baseball Hall of Fame, nothing would pop up. To find information on the greatest baseball player of all time, you would have to search ā€œRuth, George Herman.ā€ 

That is the way online archival systems were set up and there was a clear problem with it. Kristen Gwinn-Becker was uniquely able to solve it. ā€œI’m a super tech geek, history geek,ā€ she says, ā€œI love any opportunity to create this aha moment with people through history.ā€ 

Gwinn-Becker is the founder and CEO of HistoryIT, a company that helps organizations create digital archives that are genuinely accessible. ā€œI believe history is incredibly important, but I also think it’s in danger,ā€ she says. ā€œLess than 2% of our historical materials are digital and even less of that is truly accessible.ā€

Gwinn-Beckerā€™s love for history is personal. As a lesbian, growing up, she sought out evidence of herself across time. ā€œI was interested in stories, interested in people whose lives mirrored mine to help me understand who I was.ā€ 

ā€œ[My identity] influences my love of history and my strong belief in history is important,ā€ she says.

Despite always loving history, Gwinn-Becker found herself living and working in San Francisco during the early dot com boom and bust in the ā€˜90s. ā€œIt was an exciting time,ā€ she recounts, ā€œif you were intellectually curious, you could just jump right in.ā€

Being there was almost happenstance, Gwinn-Becker explained: ā€œI was 20 years old and wanted to live in San Francisco.ā€ Quickly, she fell in love with ā€œall of the incredible new tools.ā€ She was working with non-profits that encouraged her to take classes and apply the new skills. ā€œI was really into software, web, and database development.ā€ 

But history eventually pulled her back. ā€œTech was fun, but I didn’t want to be a developer,ā€ she says. Something was missing. When the opportunity to get a Ph.D. in history from George Washington University presented itself, ā€œI got to work on the Eleanor Roosevelt papers, who I was and remain quite passionate about.ā€ 

Gwinn-Beckerā€™s research on Eleanor Roosevelt planted the seeds of digital preservation. ā€œEleanor Roosevelt doesn’t have a single archive. FDR has lots but the first ladies donā€™t,ā€ she says. Gwinn-Becker wondered what else was missing from the archive ā€” and what would be missing from the archive if we didnā€™t start preserving it now.

Those questions eventually led Gwinn-Becker to found HistoryIT in 2011. Since then, the company has created digital archives for organizations ranging from museums and universities to sororities, fraternities, and community organizations.

This process is not easy. ā€œDigital preservation is more than scanning,ā€ says Gwinn-Becker. ā€œMost commercial scannersā€™ intent is to create a digital copy, not an exact replica.ā€ 

To digitally preserve something, Gwinn-Beckerā€™s team must take a photo with overhead cameras. ā€œThere is an international standard,ā€ she says, ā€œyou create an archival TIFF.ā€ 

ā€œItā€™s the biggest possible file we can create now. Thatā€™s how you future-proof.ā€

Despite the common belief that the internet is forever, JPEGs saved to social media or websites are a poor archive. ā€œItā€™s more expensive for us to do projects in the 2000 to 2016 period than to do 19th-century projects,ā€ explains Gwinn-Becker, since finding adequate files for preservation can be tricky. ā€œThe images themselves are deteriorated because they’re compressed so much,ā€ she says.

Her clients are finding that having a strong digital archive is useful outside of the noble goal of protecting history. ā€œIt’s a unique trove of content,ā€ says Gwinn-Becker. One client saw a 790% increase in donations after incorporating the digital archive into fundraising efforts. ā€œItā€™s important to have content quickly and easily,ā€ says Gwinn-Becker, whose team also works with clients on digital strategy for their archive.

One of Gwinn-Beckerā€™s favorite parts of her job is finding what she calls ā€œhidden histories.ā€

ā€œWe [LGBTQ people] are represented everywhere. We’re represented in sports, in religious history, in every kind of movement, not only our movement. I’m passionate about bringing those stories out.ā€ 

Sometimes queer stories are found in unexpected places, says Gwinn-Becker. ā€œWe work with sororities and fraternities. There are a hell of a lot of our stories there.ā€

Part of digital preservation is also making sure that history being created in the moment is not lost to future generations. HistoryIT works with NFL teams, for example. One of their clients is the Panthers, who hired Justine Lindsay, the first transgender cheerleader in the NFL. Gwinn-Becker was excited to be able to preserve information about Lindsay in the digital record. ā€œItā€™s making history in the process of preserving it,ā€ says Gwinn-Becker.

Preserving queer history, either through ā€œhidden historiesā€ or LGBTQ-specific archives, is vital says Gwinn-Becker. ā€œThink about whose history gets marginalized, whose history gets moved to the sidelines, whose history gets just erased,ā€ she prompts. ā€œIn a time of fake news, we need to point to evidence in the past. Queer people have existed since there were humans, but their stories are hidden,ā€ Gwinn-Becker says.

Meanwhile, Gwinn-Becker accidentally finds herself as part of queer history too. Listed as one of Inc. Magazineā€™s Top 250 Female Founders of 2024, she is surrounded by names like Christina Aguilera, Selena Gomez, and Natalie Portman. 

One name stuck out. ā€œNever in my life did I think I’d be on the same list ā€“ other than the obvious one ā€“ with Billie Jean King. That’s pretty exciting,ā€ she said. 

But she canā€™t focus on the win for too long. ā€œWhen I go to sleep at night, I think ā€˜there’s so much history, and we have to transfer it to the digital,ā€™ā€ she says, ā€œWe have a very small period in which to do that in a meaningful way.ā€

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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Bidenā€™s acknowledgment of LGBTQ History Month ā€˜consequentialā€™

Equality Forum honors 31 new ā€˜iconsā€™ as annual commemoration kicks off

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Rep. Mark Pocan was honored with Equality Forumā€™s International Role Model Award. (Washington Blade file photo by Michael Key)

President Joe Biden signed a letter acknowledging Equality Forumā€™s LGBTQ History Month launch event held on Sunday, writing that, ā€œby celebrating stories of bravery, resilience and joy, your example inspires hope in all people seeking a life true to who they are.ā€

Malcolm Lazin, Equality Forum executive director, said Bidenā€™s letter is ā€œconsequential.ā€ He noted that one year before the White House delivered a proclamation for Black History Month, it issued a letter signed by the president.

ā€œIt’s our hope that next year, our nation’s 47th president will issue that proclamation for LGBT History Month,ā€ Lazin said.

Equality Forum is an LGBTQ civil rights organization with an educational focus based in Philadelphia. The groupā€™s work includes coordinating LGBTQ History Month, producing documentary films and overseeing the application for and installation of government-approved queer historic markers.

When spearheading LGBTQ History Month for the first time back in 2006, Lazin said many pushed back against the idea. Some media outlets claimed it was trying to turn straight people gay or promote pedophilia. 

But Lazin said the homophobic reactions died down when people were educated on topics that typically werenā€™t taught in a widespread way.

ā€œWe were demonized, marginalized, and vilified,ā€ Lazin said. ā€œOne of the certain principal ways you’re going to make headway is if you humanize who we are, and also educate people about the important contributions we make to our common society.ā€

Education has always been Equality Forumā€™s solution to societal backlash or controversy since its inception, Lazin said.

The organization got its start in 1993 under the name PrideFest Philadelphia. Lazin, who was the founder, said it was created during a time when Pride parades were the main focus of the LGBTQ community. 

In an effort to shift focus onto civil rights issues, PrideFest hosted its first LGBTQ summit that eventually transformed into an event featuring national and international organizations. Lazin said it was an effort to educate people on LGBTQ history as well as inform the community on queer rights around the world.

Though that event was terminated in 2020, Lazin is still focused on educating both queer and straight people on LGBTQ civil rights. Equality Forum honors 31 ā€œLGBTQ iconsā€ each year for every day in October.

This initiative began when Equality Forum started coordinating LGBTQ History Month back in 2006, but Lazin didnā€™t notice their efforts taking off until about five years in.

ā€œIn year one, people thought, ā€˜Oh yeah, those are like all the important names of the gay community,ā€™ā€ he said. ā€œPeople paid a little bit more attention the following years, and all of a sudden they’re recognizing, ā€˜Oh, in a certain sense I was clueless about the role models that the gay community has.ā€™ā€

This yearā€™s icons being recognized include names like singers George Michael, Luther Vandross, and Sam Smith; pioneering drag queen William Dorsey Swann; ā€œThe Bachelorā€ star Colton Underwood; Wisconsin Congressman Mark Pocan; and longtime Washington Blade Editor Kevin Naff.

Pocan received the International Role Model Award during Sundayā€™s LGBTQ History Month launch event. Itā€™s the longest-standing LGBTQ award in the nation, and has been presented to prominent figures like former Speaker of the House Nancy Pelosi and U.S. Secretary of Transportation Pete Buttigieg.

He said accepting the award allowed him to reflect on the progress thatā€™s been made in a relatively short time.

ā€œI was preparing to make some remarks for the event, and I realized that I’ve been kind of in the front row of a lot of the history making in the country, because more of our history is in the last several decades,ā€ Pocan told the Washington Blade. ā€œThere are significant moments in the past, but where the real improvements have happened have been more recent.ā€

In 1995, former President Bill Clinton invited Pocan, who is gay, and other LGBTQ elected officials to The White House for the first time. When they arrived and were going through security, Pocan said they noticed everyone was wearing blue gloves.

Initially assuming it was due to enhanced security following the aftermath of the Oklahoma City Bombing, Pocan said they later discovered the Secret Service agents thought they could contract AIDS from out elected officials.

He said the Secret Service issued an apology letter and the Clinton administration made it clear that wasnā€™t their policy. Even more memorable for Pocan was when then-Vice President Al Gore made it a point to shake everyoneā€™s hands at the event.

Comparing that memory to Bidenā€™s recent letter puts the advancements of LGBTQ rights into perspective for Pocan. He said thatā€™s the reason recognizing and remembering queer history is vital.

ā€œIf you donā€™t know the history, itā€™s too easy to repeat it,ā€ he said.

The fight to recognize the global work done toward advancing LGBTQ civil rights, however, isnā€™t over, Lazin said.

Many states are working to restrict LGBTQ topics from being taught in schools. Florida Gov. Ron DeSantis signed HB 1069 last year, dubbed ā€œDonā€™t Say Gayā€ by critics, to prohibit lessons on sexual orientation and gender identity.

The New College of Florida faced backlash when photos of hundreds of library books, many containing LGBTQ topics, overflowing a dumpster were shared online. A New College spokesperson said the books were “taken after discovering that the library did not follow all of the state administrative requirements while conducting the routine disposition of materials.”

Despite what the future may hold for LGBTQ content in schools, Lazin said the resources Equality Forum promotes, including the website featuring 31 queer icons in October, are always available.

ā€œAt least on this site, students, teachers, and guidance counselors have resources,ā€ he said. ā€œSo if you’re an English teacher and you want to be celebrating LGBT History Month, click on poets, or click on authors. You’ve got a whole rich range of people to be able to bring into your curriculum.ā€

The reality of what LGBTQ History Month has become today is more than the work of one organization; Lazin said itā€™s the combined effort of local communities that are curious about their own history.

ā€œWhile we could not possibly take on doing the history of all the cities around the country or in North America or around the world, it really has helped to encourage people to appreciate that history and to make sure that it is well documented,ā€ Lazin said.

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