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Anti-gay group calls for federal probe of HRC, IRS

NOM says HRC received ‘stolen’ list of confidential donors

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Brian Brown, National Organization for Marriage, gay news, gay politics dc

NOM President Brian Brown responded to the document leak this week, claiming the anti-gay group works with black and Hispanic leaders to combat marriage equality. (Blade file photo by Michael Key)

The National Organization for Marriage (NOM), the anti-gay group leading efforts to oppose same-sex marriage laws, is calling for a federal investigation of the Human Rights Campaign and the IRS.

In a statement released on Thursday, NOM expressed outrage that HRC on March 30 released a confidential 2008 IRS tax return from the Washington, D.C.-based group showing a list of 50 contributors to the group’s campaign supporting Proposition 8. Proposition 8 is the ballot measure through which voters overturned California’s same-sex marriage law.

“It appears that someone with either the IRS or the HRC may have committed a federal crime by illegally obtaining and then releasing a confidential tax return of the National Organization for Marriage,” said Brian Brown, the group’s president. “It’s clear that the tax return was stolen, either from NOM or from the government.”

HRC has said it obtained the NOM IRS filing through a whistleblower but has not provided further details on the whistleblower’s identity.

Anti-gay marriage organization questions gay rights group, government tax service

NOM’s call for an investigation into the release of the IRS form comes less than two weeks after HRC legally acquired and publicized internal NOM documents obtained through an ongoing investigation by the State of Maine into alleged improper campaign finance practices by NOM.

Those documents include a strategic plan by NOM to “drive a wedge between gays and blacks” in an effort to defeat same-sex marriage laws throughout the country. LGBT and black civil rights leaders have condemned the NOM strategy as a calculated attempt to divide Americans for political gain.

The documents were made public on March 26 by the Maine Commission on Governmental Ethics and Election Practices.

The Maine investigation began after gay Republican activist Fred Karger of California filed a formal complaint charging NOM with illegal “money laundering” in its campaign to pass Amendment 1, a 2009 ballot measure that overturned Maine’s same-sex marriage law.

“It’s the height of hypocrisy for NOM to claim others are violating the law – since NOM has flagrantly violated campaign finance and tax laws and is currently under investigation,” said Fred Sainz, an HRC spokesperson. “NOM is clearly trying to change the conversation away from their unethical practices as well as the secret memos that we brought to light last week showing their ugly race-baiting tactics and their nondisclosure of a contribution from Governor Romney that was clearly meant for Prop 8,” Sainz said.

He was referring to a $10,000 contribution shown in the leaked IRS tax return identified as coming from a political action committee formed by Mitt Romney, the current GOP presidential candidate, called Free and Strong America. The 2008 contribution was made to NOM, and HRC and other LGBT advocates say it was intended to support efforts to pass Proposition 8.

“We’re talking about a criminal who has stolen confidential tax return information,” Brown of NOM said in the group’s April 5 statement. “We demand to know who this criminal is, whether they work for the HRC or the IRS, and how they obtained confidential tax information filed only with the U.S. government,” Brown said.

“I would like to know what the HRC knew and when did they know it,” added Brown. “It certainly appears that either the HRC was involved in illegally obtaining this tax return themselves, or they worked with a criminal who stole it from NOM or the IRS. Either way, it appears that a federal crime may have been committed.”

Brown said in his statement that he would submit a “written demand” that the IRS and the United States Attorney for the District of Columbia open an investigation into the matter.

A spokesperson for the U.S. Attorney’s office declined to comment. “We typically do not confirm or deny investigations and have no comment,” the spokesperson said in an email to the Blade.

A spokesperson for the IRS didn’t immediately respond to a request for comment.

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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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