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Expensive year for gay donors

Baldwin Senate race, Obama re-election, ballot measures to compete for funds

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An expected race for the U.S. Senate next year by lesbian Rep. Tammy Baldwin (D-Wisc.) will likely intensify an unprecedented demand for fundraising within the LGBT community for the 2012 elections on the national, state and local levels, according to LGBT advocacy groups.

Political observers in Wisconsin say Baldwin has emerged as the leading Democratic contender to compete for a Senate seat being vacated by Democratic Sen. Herb Kohl, who announced that he wonā€™t run for another term next year.

With Baldwin said to have a decent chance of becoming the nationā€™s first openly gay senator, LGBT rights groups from throughout the country are gearing up to raise funds for her campaign, even though she isnā€™t expected to officially announce her candidacy until later this summer.

Fundraising among LGBT donors for a Baldwin Senate campaign will come at a time when those same donors are being called on to give money to the re-election campaign of President Barack Obama and to the campaigns of LGBT and LGBT-supportive candidates running for Congress, state legislatures, and city and town government posts.

LGBT donors are also expected to be tapped for contributions to campaigns opposing state ballot measures seeking to ban same-sex marriage or to legalize the right of gay couples to marry in as many as five states in 2012.

Chuck Wolfe, executive director of the Gay & Lesbian Victory Fund, which raises money for LGBT candidates, said the cost of a Baldwin Senate race would likelyĀ rise toĀ between $15 million and $20 million.

ā€œSo if our community can be a significant player in that race, and we hope it will be, that will mean a significant investment,ā€ he said. ā€œAnd I would expect to see the LGBT community play an important role in that race.ā€

Campaign finance records show that Baldwin has already amassed more than $1 million for her House re-election race, which she’s expected toĀ use forĀ a Senate race. Rep. Ron Kind (D-Wisc.), who reportedly is considering challenging Baldwin for the Senate nomination in a Democratic primary, has raised far less money than Baldwin, and reported $478,000 cash on hand last week.

Nearly all observers say Baldwin would only back down from a Senate race if former Wisconsin Sen. Russ Feingold enters the race. Feingold, a champion of progressive causes for Wisconsin Democrats, lost his re-election bid last year to Republican Ron Johnson. He has hinted that he’s not likely to run for the seat being vacated by Kohl.

Wolfe said he expects nearly 200 qualified LGBT candidates will be running in the 2012 election on the federal, state and local levels, a development that will prompt the Victory Fund to activate its network of LGBT donors nationwide.

ā€œWeā€™ll continue to see more candidates running for higher levels of office, which, of course, means higher levels of investment,ā€ he said.

Andy Tobias, treasurer of the Democratic National Committee, said the DNC and Obama for America, the presidentā€™s re-election campaign, will be doing all of their fundraising ā€“ including fundraising within the LGBT community ā€“ through a joint committee called Obama Victory Fund 2012.

Tobias, whoā€™s gay, said all of the other races seeking support from the LGBT community are important and he hopes others capable of making contributions will try to support them all.

But he said only the race for president ā€œwill determine who gets to shape the Supreme Court going forward, which will be the final word on our equality.ā€

Added Tobias, ā€œAnd only one race will determine whether the entire federal government sees us basically as allies deserving of support or citizens whoā€™ve already gained too much equality that needs to be rolled back. We simply have to keep the White House.ā€

According to Tobias, the Obama Victory Fund effort is aimed at registering and turning out ā€œa huge number of progressive-leaning donorsā€ through 60 field offices and more such offices to come. Thus he said this effort would help all of the other LGBT-related races by bringing supportive voters to the polls.

ā€œSo in my view, all of us should support the national effort in a very big way, even as we support other races,ā€ he said.

Among those agreeing with Tobiasā€™s assessment is gay philanthropist Bruce Bastian of Utah, who has made large contributions to Democratic candidates and LGBT advocacy groups and causes for nearly a decade.

ā€œI am not well versed on all of the races or ballot measures,ā€ Bastian told the Blade this week. ā€œThat said, I believe the most important goal for the LGBT community in 2012 should be to re-elect President Obama. Why? Just look at the alternatives!ā€

The Human Rights Campaign has already endorsed Obamaā€™s re-election bid and is expected to continue its past practice of contributing campaign funds to LGBT-supportive candidates through its political action committee.

The HRC PAC contributed just over $800,000 to candidates in 2010 and just under $1.1 million to candidates in 2008, according to HRCā€™s vice president for communications, Fred Sainz.

ā€œThe 2012 election year provides our community with a number of opportunities, including the successful re-election of our president, and a number of vulnerabilities,ā€ Sainz said. ā€œUnfortunately, the one ingredient that all of them share is the need for financial resources to be successful,ā€ he said. ā€œWe will continue to monitor the landscape, work closely with our partners on these various contents and will make smart and realistic investments at the appropriate time.ā€

Evan Wolfson, executive director of the marriage equality advocacy group Freedom to Marry, said the appropriate time to address the expected marriage-related ballot measures is now.

He is calling on LGBT contributors to help raise money for the defeat of a ballot measure in Minnesota, where marriage equality opponents are asking voters to approve a state constitutional amendment defining marriage as a union only between and man and a woman.

In Oregon and Maine, LGBT rights groups are taking steps to place on the ballot initiatives calling for overturning existing same-sex marriage bans. The proposed ballot measure would also put in place laws to give same-sex couples the legal right to marry.

Ballot measures seeking to ban same-sex marriage are also a possibility in Maryland and North Carolina in 2012. A ballot measure in Maryland is only expected to take place if the state legislature votes to legalize same-sex marriage, a development that LGBT advocacy groups and supportive lawmakers say is a possibility.

ā€œItā€™s unfortunately too early to be sure if weā€™re going to have enough money but itā€™s not too early to be doing the work,ā€ said Wolfson, in discussing the effort for winning marriage equality rights in Maine and Oregon and defeat marriage bans in the other states.

ā€œSo we really need to step up and invest in the early persuasion and organizing that are the key to winning,ā€ Wolfson said. ā€œI strongly encourage funders, large and small, to make the best use of the money and time ā€” the most crucial element beginning now so we can move hearts and minds in advance of the end game. Thatā€™s how we win.ā€

The two co-founders of eQualityGiving.org, an LGBT political donors group, said they plan to follow the same process for advising and guiding LGBT donors in 2012 as they have in past election years.

Juan and Ken Ahonen-Jover, a Miami-based couple, said their organization sets specific criteria related to the level of support a candidate must express on LGBT issues before the group places that candidate on its list as a possible recipient for contributions from LGBT donors.

ā€œWe want them to support all of the criteria,ā€ said Juan Ahonen-Jover. ā€œWe base our recommendations on their positions on our issues,ā€ he said.

He said the group doesnā€™t keep track of how much money its members give to candidates but he believes donors affiliated with the group contribute a sizable amount of money to congressional and state legislative candidates throughout the country.

 

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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 ā€œderisive, 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 ā€œit 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 ā€œtext, 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.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 ā€œfurther 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.

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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.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 

ā€œApplying rational-basis review, the age-verification requirement is rationally related to the governmentā€™s legitimate interest in preventing minorsā€™ access to pornography,ā€ the three judge panel of the 5th Circuit explained. ā€œTherefore, 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 courtā€™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 ā€œineffective, 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 DMVā€™s Wallet app, which contains a mobile driverā€™s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateā€™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 driverā€™s licenses or other methods.

The Associated Press reported this past October that an adult entertainment groupā€™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.

ā€œAs 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€

ā€œMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā€ the statement continues. ā€œAs weā€™ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā€

ā€œUntil 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.

ā€œAs 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. ā€œWhile 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 Virginiaā€™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.Ā Ā 

ā€œWe 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,ā€Ā Lucas saidĀ on X, formerly Twitter. ā€œWe will continue our work to keep pornography out of the hands of minors ā€¦ but we will also work to ensure that this Governorā€™s 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 worldā€™s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUā€™s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as ā€œvery 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 EUā€™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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