National
New hope for bi-national gay couples
ICE closes proceedings against gay Venezuelan national
LGBT advocates working on immigration issues are hoping the cancelled deportation this week of a gay foreign national living in the United States could be promising news for bi-national same-sex couples in danger of separation.
On Wednesday, Henry Velandia, a gay Venezuelan national, and his spouse, Josh Vandiver, a U.S. citizen, received formal notification from U.S. Immigration & Customs Enforcement saying the agency would no longer pursue deportation proceedings against Velandia.
After coming to the United States in 2002 legally on a visitor’s visa,Ā Velandia faced potential deportation after he remained in the United States after his visa expired in six months.
To allow him to remain in the United States, Vandiver sought to obtain a green card for his spouse, whom he legally married Connecticut, through a marriage-based application. However, ICE had informed the couple the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prevented the agency from issuing Velandia a green card.
On May 6, VelandiaĀ faced a hearing before an immigration judge, who could have ordered deportation, separating him from VandiverĀ for at least 10 years. However, Riefkohl halted deportation proceedings against Velandia because of a recent order that U.S. Attorney General Eric Holder issued on the previous day to vacate similar deportation proceedings in the case for another New York same-sex bi-national couple.
The notification that the couple received on Wednesday closes the deportation proceedings and marks the first time ICE has administratively closed the such proceedings against the spouse of a gay U.S. citizen.
In a statement provided to the Washington Blade, Vandiver said the notification of the decision on Wednesday was “the second happiest day of my life, second only to the day Henry became my husband.”
“On Wednesday, Henry and I learned that the government was no longer trying to tear us apart and destroy our marriage,” Vandiver said. “Now we can start building our future together. This is the fruit of a hard-fought struggle over the past year to bring recognition to the terrible harm DOMA is causing same-sex binational couples.”
“Wednesday’s decision closing Henry’s deportation case is the first sign of hope that these deportations are finally ending and it’s our deepest hope that it has a positive impact across the country for all couples like us,” Vandiver added.
The new development has LGBT rights supporters working on immigration issues looking to the Velandia case and Vandiver to have an impact to help other deportation proceedings facing bi-national same-sex couples living in the United States.
Steve Ralls, spokesperson for Immigration Equality, also said his organization intends to press the administration to make sure other couples that are facing similar separation under immigration law are treated the same as Velandia and Vandiver.
“We have married bi-national couples in places like Vermont, New York and California that are facing separation before the end of this summer,” Ralls said. “We expect that ICE’s message in Henry and Josh’s case is they are no longer prioritizing the deportation of gay spouses and we expect other couples to receive the same treatment.”
Lavi Soloway, a New York-based immigration lawyer who handled Velandia’s case, said the decision to close proceedings in this situation shows the administration has leeway to stop deportations in similar cases.
Soloway, founder of Stop the Deportations, said he plans to draw on the Velandia decision when he appears in a San Francisco immigration court on July 13 to stop the potential deportation of another foreign national, Alex Benshimol, who married his partner Douglas Gentry.
“It demonstrates the ability of ICE to use its prosecutorial guidelines to protect bi-national couples from being torn apart by deportation,” Soloway said.Ā “The circumstances are very similar.”
But whether this case will have an impact on others remains to be seen. Gillian Anderson, an ICE spokesperson, confirmed that her agency filed a motion to close proceedings in the Velandia case, but maintained her agency continues to enforce the law.
“There has been no change in policy with regards to deportation cases affected by the Defense of Marriage Act,” she said. “Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including [the Department of Homeland Security], will continue to enforce it unless and until Congress repeals it or there is a final judicial determination that it is unconstitutional.”
Observers say the decision to close proceedings in the Velandia case could be related to a memo ICE issued on June 17 listing situations in which enforcement agents may decide to exercise prosecutorial authority and dropped proceedings against undocumented immigrants living in the United States.
While the memo doesn’t explicitly offer protections to gay couples, it states undocumented immigrants with āfamily relationshipsā in the United States, or individuals with a āU.S. citizen or permanent resident spouseā may be considered for discretion.
Ralls said the similar timing of the distribution of the memo and the decision to terminate proceedings against Velandia was noteworthy and said it could mark an “unofficial” change in administration policy.
“I believe we’re beginning to see some dots being connected that can lead us to the assumption that there is now an unofficial policy that the White House does not want to see these couples torn apart,” Ralls said. “I certainly hope that’s the case, and more and more, I think we’re seeing a gradual evolution leading in that direction.”
But Soloway said the new guidelines are similar to memos that were already in place even before the Obama administration emphasizing the deportation of criminals and others who would endanger the safety of Americans should be a priority as opposed to law-abiding immigrants or immigrants that have family relationships in the United States.
“So the June 17 memo is a clarification that really gives much more detailed guidance than we had previously, but there’s no departure in the June 17 memo from the existing guidelines,” Soloway said. “It just offers more examples and a little bit more guidance than what previously existed.”
Even with ICE agents allowed to exercise prosecutorial authority to discontinue deportation proceedings against gay foreign nationals in relationships with U.S. citizens, LGBT immigration groups are still seeking a blanket moratorium on these proceedings to ensure they stay together in the United States.
Ralls said the Obama administration has already set a precedent to suspend deportations of undocumented immigrants in relationships with U.S. citizens. In 2009, Secretary of Homeland Security Janet Napolitano granted deferred action to undocumented immigrant widows who were married to U.S. citizens for fewer than two years before to their spouseās death.
“They should receive explicit direction from the White House to [issue a moratorium], and we’re not going to step back from that call until we have an assurance that none of the families in this situation will be torn apart,” Ralls said.
Soloway said the memos on exercising prosecutorial authority are helpful and offers the U.S. government “the opportunity to do the right thing on a case-by-case basis,” but still isn’t the more clearly articulated moratorium that LGBT advocates are seeking.
“Nobody’s fate should be subject to the discretion of a specific ICE officer or agent,” Soloway said. “There should be a policy coming the administration that specifies that these deportations should be halted.”
The fight to obtain this moratorium could be an uphill battle. White House Press Secretary Jay CarneyĀ has indicated that President Obama believes legislative action on immigration issues is needed ā as opposed to a moratorium ā and āhe canāt just wave a wand and change the law.ā
National
Anti-LGBTQ Franklin Graham to give invocation at Trumpās inauguration
Evangelical leader also delivered address in 2017
Anti-LGBTQ evangelist Franklin Graham will deliver the invocation for President-elect Donald Trumpās inauguration on Monday, Jan. 20, according to a copy of the program that was circulated on X.
Graham, who serves as president and CEO of Samaritanās Purse, the evangelical Christian humanitarian aid organization, and of the Billy Graham Evangelistic Association, which was named for his late father, offered the opening prayer for Trumpās first inauguration in 2017.
As documented by GLAAD, the Asheville, N.C.,-based evangelist has attacked the LGBTQ community throughout his life and career.
He supported the draconian laws in Russia targeting āpropaganda of nontraditional sexual relationsā that have been used to suppress media that presents āLGBTQ identities and relationships in a positive or normalizing light.ā
Praising Russian President Vladimir Putin for taking āa stand to protect his nationās children from the damaging effects of the gay and lesbian agenda,ā Graham also bemoaned that āAmericaās own morality has fallen so far that on this issue.ā
Grahamās anti-LGBTQ advocacy on matters of domestic policy in the U.S. has included opposing Pride events, which he compared to celebrations of ālying, adultery, or murder,ā and curricula on LGBTQ history in public schools, telling a radio host in 2019 that educators have no right to āteach our children something that is an affront to God.ā
When his home state rolled back rules prohibiting gender diverse people from using public restrooms consistent with their identities, he tweeted that āpeople of NC will be exposed to pedophiles and sexually perverted men in womenās public restrooms.ā
Graham has repeatedly smeared LGBTQ people as predatory and said the community seeks to ārecruitā children into being gay, lesbian, or transgender.
He has also consistently opposed same-sex marriage, claiming that former President Barack Obama, by embracing marriage equality, had āshaken his fist at the same God who created and defined marriage,ā adding, āit grieves me that our president would now affirm same-sex marriage, though I believe it grieves God even more.ā
Graham also supports the harmful and discredited practice of conversion therapy, which he likened to āconversion to Christianity.ā
When Transportation Secretary Pete Buttigieg announced his bid for the Democratic nomination for president in 2020, Graham tweeted that āMayor Buttigieg says he’s a gay Christian. As a Christian I believe the Bible which defines homosexuality as sin, something to be repentant of, not something to be flaunted, praised or politicized. The Bible says marriage is between a man and a woman ā not two men, not two women.”Ā
Graham embraced Trump well before he was taken seriously in Republican politics, telling ABC in 2011 that the New York real estate tycoon was his preferred candidate.
Particularly during the incoming presidentās first campaign as the GOP nominee and during his first term, the evangelical leaderās support was seen as strategically important to bringing conservative Christians into the fold despite their misgivings about Trump, who was better known as a philandering womanizer than a devout religious leader.
National
Homophobe Anita Bryant dies at 84
Anita Bryant, the singer and orange juice pitch woman who gained notoriety for a homophobic campaign against gay rights in the 1970s, died on Dec. 16 after a battle with cancer, according to a statement released by her family. She was 84.
Bryant was a former Miss Oklahoma, a Grammy-nominated singer, author, and recipient of the USO Silver Medallion for Service, according to her familyās statement. Bryant, a fundamentalist Christian, performed at the White House and the Super Bowl, among other highlights of her singing career.
Bryant incurred the ire of the LGBTQ community after she fought successfully to overturn a Dade County, Fla., ordinance that would have protected gay people from discrimination. Her āSave Our Childrenā campaign led gay bars to boycott Florida orange juice. In 1977, while promoting her campaign in Iowa, Tom Higgins, a gay rights activist, threw a pie in her face, an iconic moment caught by photographers.Ā
Bryantās homophobic legacy lives on with Florida politicians like Gov. Ron DeSantis rolling back LGBTQ protections and enshrining discrimination in state law.
National
New Meta guidelines include carveout to allow anti-LGBTQ speech on Facebook, Instagram
Zuckerberg cozying up to Trump ahead of second term
New content moderation policies governing hate speech on Facebook, Instagram, and Threads that were enacted by parent company Meta on Wednesday contain a carveout that allows users to call LGBTQ people mentally ill.
According to the guidelines, which otherwise prohibit use of such insults on the online platforms, “We do allow allegations of mental illness or abnormality when based on gender or sexual orientation, given political and religious discourse about transgenderism and homosexuality and common non-serious usage of words like āweird.āā
Meta also removed rules that forbid insults about a personās appearance based on race, ethnicity, national origin, disability, religious affiliation, caste, sexual orientation, sex, gender identity, and serious disease while withdrawing policies that prohibited expressions of hate against a person or a group on the basis of their protected class and references to transgender or nonbinary people as āit.ā
In a video on Tuesday, Mark Zuckerberg, the company’s co-founder, chairman, and CEO, said the platforms’ “restrictions on topics like immigration and gender” were now “out of touch with mainstream discourse.ā
āWhat started as a movement to be more inclusive has increasingly been used to shut down opinions and shut out people with different ideas, and itās gone too far,ā he added.
In a statement to the Washington Blade, Human Rights Campaign President Kelley Robinson said “Everyone should be able to engage and learn online without fear of being targeted or harassed. While we understand the difficulties in enforcing content moderation, we have grave concerns that the changes announced by Meta will put the LGBTQ+ community in danger both online and off.”
“What’s left of Meta’s hateful conduct policy expressly allows users to bully LGBTQ+ people based on their gender identity or sexual orientation and even permits calls for the exclusion of LGBTQ+ people from public spaces,” she said. “We can expect increased anti-LGBTQ+ harassment, further suppression of LGBTQ+ content, and drastic chilling effects on LGBTQ+ users’ expression.”
Robinson added, “While we recognize the immense harms and dangers of these new policies, we ALL have a role to play in lifting up our stories, pushing back on misinformation and hate, and supporting each other in online spaces. We need everyone engaged now more than ever. HRC isn’t going anywhere, and we will always be here for you.”
As attacks against LGBTQ and especially transgender Americans have ramped up over the past few years in legislative chambers and courtrooms throughout the country, bias-motivated crimes including acts of violence are also on the rise along with homophobic and transphobic hate speech, misinformation, and conspiracy theories that are spread farther and faster thanks to the massive reach of social media platforms and the policies and practices by which the companies moderate user content and design their algorithms.
However ascendant certain homophobic and transphobic ideas might be on social media and in the broader realm of “political and religious discourse,” homosexuality and gender variance are not considered mental illnesses in the mainstream study or clinical practice of psychiatry.
The American Psychiatric Association removed homosexuality from its internationally recognized Diagnostic and Statistical Manual of Mental Disorders more than 50 years ago and more than 30 years ago erased “transsexualism” to use “gender identity disorder” instead before switching to “gender dysphoria” in 2013. These changes were meant to clarify the distinction between the patient’s identity as trans and the ego-dystonic distress experienced in many cases when one’s birth sex differs from one’s gender identity.
Research has consistently shown the efficacy of treating gender dysphoria with gender-affirming health interventions ā the psychiatric, medical, and surgical care that can bring patients’ brains and bodies into closer alignment with their self-concept while reducing the incidence of severe depression, anxiety, self-harm behavior, and suicide.
Just like slandering LGBTQ people as sick or sexually deviant, the pathologization of homosexuality and gender variance as disordered (or linked to different mental illnesses that are actually listed in the DSM) is not new, but rather a revival of a coarser homophobia and transphobia that until the recent past was largely relegated to a time well before queer people had secured any meaningful progress toward legal, social, and political equality.
Wednesday’s announcement by Meta marked just the latest move that seems meant to ingratiate the tech giant with President-elect Donald Trump and curry favor with his incoming administration, which in turn could smooth tensions with conservative lawmakers who have often been at odds with either Facebook, Instagram, and Zuckerberg ā who had enjoyed a close relationship with the Obama White House and over the years has occasionally championed progressive policies like opposing mass deportations.
Public signs of reconciliation with Trump began this summer, when Meta removed restrictions on his Facebook and Instagram accounts that were enacted following the Jan. 6 insurrection at the U.S. Capitol.
In the months since, the company has continued cozying up to Trump and Republican leaders in Washington, including with Tuesday’s announcement that Meta platforms will no longer use professional fact checking, among other policy changes that mirror those enacted by Elon Musk after he took over Twitter in 2022, changed its name to X, and created conditions that have allowed hate and misinformation to proliferate far more than ever before.
In recent months, Musk, the world’s richest man, has emerged as one of the president-elect’s fiercest allies, spending a reported $277 million to support his presidential campaign and using his platform and influence to champion many of the incoming administration’s policy priorities, including efforts to target the trans community.
Last month, Zuckerberg and Apple CEO Tim Cook each donated $1 million to Trump’s inaugural committee, with Amazon founder Jeff Bezos and OpenAI’s Sam Altman each reportedly pledging matching contributions.
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