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N.J. lawmakers introduce same-sex marriage bill

9 Dem members of congressional delegation urge passage

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New Jersey Governor Chris Christie, gay news, gay politics dc

While marriage advocates are optimistic, New Jersey Guv. Chris Christie is likely to veto the bill. (Photo by Walter Burns via Wikimedia Commons)

One day before the New Jersey Legislature is sworn in and Gov. Chris Christie delivers his State of the State address, leaders of the state Senate and Assembly have announced that they are not only introducing but fast-tracking a bill designed to offer marriage rights to same-sex couples in that state.

The House and Senate bills (respectively numbered A. 1 and S. 1) are expected to be taken up early this year. According to same-sex marriage advocacy organization, Freedom to Marry, “the numbering of the bills reflects the importance which the legislative leaders are giving to the effort.”

The legislative leaders who were scheduled to participate in a Tuesday press conference included Senate President Steve Sweeney, incoming Senate Majority Leader Loretta Weinberg, Assembly Speaker Sheila Oliver, incoming Assembly Majority Leader Lou Greenwald, and state Democratic Chairman Assemblyman John Wisniewski.

With Democratic leadership unified in calling for the law’s passage, the bill will likely fare better in the legislature than the 2010 attempt to convert civil unions into same-sex marriage rights for both same-sex and opposite-sex couples. Both houses will have to secure a two-thirds super-majority to overcome a promised veto by Christie, according to the Star-Ledger.

In 2009, in the waning days of the administration of marriage supporter Gov. Jon Corzine, the New Jersey Legislature debated and killed a bill that would have legalized same-sex marriage.

“The days are over when marriage equality was the third rail of American politics,” Garden State Equality chair Steven Goldstein said in a statement. “Today, in a state and nation that supports marriage equality, not standing up for equality is the third rail for prejudice.”

In 2006, the New Jersey Supreme Court ruled unanimously in Lewis v. Harris that same-sex couples must be provided all the same rights as opposite-sex married couples. The high court, however, left the means of doing so up to the legislature. Rather than make marriage gender-neutral, as Massachusetts had, the New Jersey Legislature passed the Civil Union Act in December 2006, offering same-sex couples the same state-level benefits as opposite-sex married couples.

Following its passage, the state commissioned a study on the effectiveness of the law. The 2008 New Jersey Civil Union Commission concluded there was “overwhelming evidence that civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey with the passage of time.” It unanimously recommended enacting marriage in the place of civil unions.

The commission discovered some businesses and institutions that offered insurance and other benefits to opposite-sex spouses of married employees were slow to offer those same benefits to same-sex spouses of those employees in civil unions. According to Garden State Equality, by the end of July 2007, 1 out of 7 couples who had entered into New Jersey civil unions had reported that their employers refused to recognize their civil unions, including DHL, FedEx and UPS, the last of which claimed their contract with the Teamsters Union prevented them from offering the benefits since the civil unions law did not explicitly designate partners entering into the unions as ‘spouses.’

“What New Jersey’s legislative leaders are telling us clearly today is that the Garden State values its gay and lesbian citizens fully, and does not accept treating same-sex couples and their families as second class citizens, as it presently does with civil unions,” said Freedom to Marry campaign director Marc Solomon. “Marriage matters for same-sex couples and their families, both because it says we’re a family through thick and thin in a way that nothing else does, and because it provides a critical safety-net of protections that civil unions do not.”

In July, Lambda Legal filed suit in New Jersey court on behalf of Garden State Equality and seven families headed by same-sex couples stating that the civil unions law violates not only the New Jersey Constitution but the 14th Amendment of the U.S. Constitution as well.

“We believe in all roads to justice,” Goldstein said on Tuesday. “Whether through the legislature or the courts, however we can win equality, we will.”

Upon the announcement of the bill’s introduction, the entire New Jersey Democratic delegation to the United States Congress signed a joint letter urging their colleagues in the New Jersey state legislature to pass the marriage bill.

Full text of letter from New Jersey Democratic delegation to the United States congress:

Dear Democratic Colleagues in the New Jersey Senate and Assembly:

We, the entire Democratic membership of the New Jersey Congressional delegation, urge you to support the marriage equality bill being introduced by the Democratic leadership in the state Senate and Assembly, along with many sponsors.

New Jersey has a proud history of civil rights leadership, and we must continue our role in pursuing fairness and equality. Other states with a combined population of more than 35 million people already have marriage equality – including our next door neighbor, New York.

Although New Jersey has a civil union law, ample testimony before the New Jersey Senate Judiciary Committee two years ago demonstrated that the civil union law has not successfully provided equality to same-sec couples in New Jersey. Couples testified that hospitals still refuse visitation and medical-decision rights because they do not consider civil unions to be equal to marriage. Similarly, couples demonstrated that employers continue to refuse to grant equal benefits to civil union partners.

As more states recognize marriage equality, civil unions threaten to become an even less respected and understood alternative to marriage. The 2008 New Jersey Civil Union Review Commission concluded there was “overwhelming evidence that civil unions will not be recognized by the general public as the equivalent of marriage in New Jersey with the passage of time.”

It is important to note that New Jersey enacted the strongest possible civil union law in 2006. Therefore, it is not feasible to “fix” the law short of providing marriage equality. The time has come to end discrimination in marriage. The marriage equality bill in the New Jersey legislature needs your support.

Sincerely,

Frank R. Laurenberg, United States Senator
Robert Menendez, United States Senator
Rush Holt, Member of Congress
Robert Andrews, Member of Congress
Albio Sires, Member of Congress
Steven Rothman, Member of Congress
Bill Pascrell, Member of Congress
Frank Pallone, Jr., Member of Congress
Donals Payne, Member of Congress

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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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