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Carey: Voter suppression could ‘derail’ LGBT progress

Task Force head delivers 2012 State of the Movement address

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National Gay & Lesbian Task Force chief Rea Carey (Blade photo by Michael Key)

BALTIMORE — The head of the National Gay & Lesbian Task Force on Friday identified efforts to keep minorities from going to the polls on Election Day as the latest tool in the arsenal of anti-gay forces to stop LGBT progress.

Rea Carey, the Task Force’s executive director, said during her 2012 “State of the Movement” address that “the very ability to cast a vote” has been under attack and called on LGBT rights supporters to fight those efforts and bring voters to the polls.

“They could derail our progress for years by focusing on something that our movement could easily mistake as not ‘our’ issue,” Carey said. “Believe me, it is our issue when we or our allies find ourselves without easy access to the polls.”

Carey said executive orders in 14 states and 20 new laws have made it harder for five million people to vote this year. According to Carey, these initiatives are a “systematic effort” to take the vote away from people of color, students, the working poor and unemployed and other groups.

Her views are supported by a report published in December by the Voting Rights Institute, which says new Republican-initiated laws have cut early voting, challenged the citizenship of eligible voters and mandated that voters produce photo ID at the polls.

One such law is Florida’s HB 1355, an omnibus elections overhaul passed after the Tea Party came into power in the state in 2010. In addition to early voting cuts, the law imposes restrictions on non-governmental entities conducting voter registration.

Carey said these efforts — which she called “one of the last desperate ploys by those who can no longer compete with the power of their ideas” — particularly affect LGBT people because they have “a devastating effect on the ability of transgender people to vote” and impact states where marriage equality could be on the ballot in 2012.

“If we do not protect the right to vote, we will not win on immigration, we will not win on non-discrimination, we will not protect affirmative action and we will not win on marriage,” Carey said.

The Task Force chief called on the audience to register voters that anti-gay forces don’t want at the polls and urged voters who are turned away to cast a provisional ballot, post their story on Facebook and Twitter and contact the Civil Rights Division at the Department of Justice.

Carey made the remarks during the 24th annual Creating Change conference at the Hilton Baltimore, where an estimated 3,000 attendees came to discuss LGBT rights. Conference participants ranged from government officials in suits, female activists wearing combat boots and bloggers in graphic tees. The hotel bathrooms were modified as “gender neutral restroom” to accommodate attendees.

During her speech, Carey offered a litany of accomplishments that the LGBT community has achieved in the past year, including the passage of statewide transgender non-discrimination laws in four states, defeating an anti-trans bill in Maine and the lifting of “Don’t Ask, Don’t Tell.”

Carey also said the Task Force and LGBT advocates had a hand in issues facing a broader range of people, such as beating an anti-choice “personhood” ballot measure in Mississippi and a measure in Maine that would end same-day voter registration.

Carey noted the heavy emphasis that marriage receives in the LGBT rights movement.

“The LGBT movement is not a movement for marriage only,” Carey said. “It is a movement for the full dignity of our lives, for a transformed society.”

“Marriage has motivated our allies and captured the attention of people who weren’t paying attention before,” Carey said. “But someday, when we succeed in nationwide recognition of our marriages, and even along the way, we will likely see that the engagement in our movement will drop off. Severely.”

Carey said in states where marriage equality has been achieved, advocacy groups find they have less attention, engagement — and fewer donations. She said these groups in some cases have had to lay off workers “even while struggling to get attention for other very pressing issues.”

“We have learned that with a win, we usually have to turn right around and defend that win,” Carey said. “We also know that people who aren’t included in that win remain vulnerable to discrimination.”

New York is an example of a state that could be in such a situation. The state legalized same-sex marriage last year, but workplace non-discrimination protections for transgender people haven’t yet been enacted.

“At the Task Force, we say we want more than marriage — there is no singular solution to the many ways we experience discrimination, violence and bigotry,” Carey said. “At the Task Force we insist that immigration, housing, health care, fair wages, Social Security and ending systemic racism and sexism are all LGBT issues.”

Carey referred to the opening song “Defying Gravity” in the musical “Wicked” and compared the struggles faced by the character Elphaba, or the Wicked Witch of the West, to the struggles faced by LGBT people.

“LGBT people have been called a repulsion, a harm to society,” Carey said. “We have been called wicked. The fact that we have made it this far, surviving childhood taunts, the neglect of churches and schools, the laws and policies of a country that have treated us as criminals — this is already a testament to our ability to defy gravity.”

Carey’s speech was well-received by those in audience, and her remarks that marriage shouldn’t be the singular focus of the LGBT rights movement were met with significant applause.

Katherine Acey, a former executive director for the New York City-based Astraea Lesbian Foundation for Justice, said Carey’s speech was “expansive and visionary” and useful because it “laid out everything we’ve accomplished.”

“Her looking at the big picture and looking at how we must stand with all of the members of our community — also allies who are part of our world community — I thought that was striking, the way she delivered that,” Acey said.

 

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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