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Uganda headed toward passing draconian anti-gay legislation

Activist wants demonstrations at Ugandan embassies across the globe

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Activist Frank Mugisha is calling for protests at Ugandan embassies throughout the world (Blade file photo by Michael K. Lavers)

Movement on a draconian anti-gay bill in Uganda is raising concerns the legislation may be headed toward passage in the coming weeks, although it’s questionable whether the infamous death penalty provision remains in the bill.

Mark Bromley, chair of the Council for Global Equality in the United States, said the legislation — which has drawn the ire of the international community for its proposed incarceration of gay people and concerns it would institute the death penalty for homosexual acts — seems likely headed for a floor vote in the coming weeks before the legislature adjourns on Dec. 14.

“All indications are that it’s really going to come up for a vote this time,” Bromley said. “We hear from several sources that it won’t come up until at least mid-week next week and probably maybe even a little bit later, but everyone we’ve talked to is pretty concerned that it really is going to come for a vote before the parliament recesses for the holidays, so sometime before mid-December.”

Media reports indicated that the bill on Friday had passed the committee of jurisdiction in the Uganda parliament.

Frank Mugisha, an activist coordinating Sexual Minorities Uganda, issued a statement to supporters on Friday decrying the legislation just before the committee acted on it.

“The bill does little more than to entrench stigma and prejudice, which will polarize the Ugandan society further and undermine public health efforts to combat the spread of HIV,” Mugisha said. “It places a total ban on public discussion of an issue whose existence cannot be wished away. If the bill is adopted, it will make Uganda a pariah in the international community. We therefore urge the Ugandan Parliament to reject this bill in its entirety.”

Mugisha also called on sympathizers to protest before the Uganda foreign missions in various countries. Previously protests were held at the Ugandan Embassy in the United States last year and at the time of the bill’s introduction in 2009.

“When the bill was first introduced in 2009 we called upon our regional and international partners and allies for support in denouncing this bill in simultaneous demonstrations at Ugandan foreign missions in your respective countries,” Mugisha said. “We ask you once again to stand with us and do simultaneous peaceful demonstrations at Ugandan foreign missions in your respective countries.”

Bromley said Friday he’s unaware of any plans for upcoming protests before the Uganda Embassy in the United States, but expects to hear about such plans shortly.

Homosexual acts are already illegal in Uganda and punishable by up to 14 years in prison, but the proposed legislation would expand existing law to institute life imprisonment for those found guilty of homosexuality. The legislation also prohibits supporting LGBT rights and calls for the punishment of anyone who funds or sponsors them. According to Mugisha, parents and teachers would be fined if they don’t report gay children and students and landlords who rent to gay people would be punished with jail time.

The legislation — colloquially known in the United States as the “Kill the Gays” bill — became infamous in the international community since its introduction in 2009 for including a provision that would institute the death penalty for “aggravated homosexuality.” Under an earlier version of the bill, that was defined as someone with HIV engaging in homosexual acts, having homosexual sex with a minor or repeated offense of homosexuality.

But it’s unclear whether this provision remains in the legislation. Early on Friday, BBC News Africa reported that a legislative committee had “endorsed” the legislation, but had dropped the death penalty provision. But, as Box Turtle Bulletin’s Jim Burroway points out, that language has been reportedly dropped from the legislation before and yet has returned to the bill.

Bromley said whether the death penalty language has in fact been dropped isn’t certain because the committee has yet release its report — and, in earlier iterations of the bill, the death penalty was apparently removed, but was worked in as a possible punishment for homosexuality in a less overt way.

“I heard before that they took the death penalty provision out, and it turns out that wasn’t in fact the case — or that the way did it, the wording was still ambiguous,” Bromley said. “My guess is — if they really bring this up for a vote, which it looks like they’re going to — given the international condemnation, they probably will take out the death penalty, but I just think it’s a little early to say definitively that they have taken it out until we see what they’re going to vote on.”

The legislation is apparently moving forward at this time — after being bottled up for years in committee — because Parliament Speaker Rebecca Kadaga is pushing for action on the legislation.

According to another report in BBC News Africa, Kadaga felt her country’s sovereignty was insulted after Canada’s Foreign Minister John Baird warned Uganda not to trample on human rights. Kadaga was quoted as saying, “If homosexuality is a value for the people of Canada they should not seek to force Uganda to embrace it. We are not a colony or a protectorate of Canada.”

Kadaga was quoted later in the piece as saying, “Ugandans want that law as a Christmas gift. They have asked for it and we’ll give them that gift.”

 

Activists urge condemnation of legislation

Gay activists in Uganda had urged world leaders in the international community to remain silent on the legislation, but amid fears that the legislation would move forward, at least one is changing his tune.

Geoffrey Ogwaro, co-coordinator of Civil Society Coalition on Human Rights and Constitutional Law in Uganda, sent an email to supporters urging world leaders — including President Obama — to speak out against the legislation.

“It is now with profound sadness that we give the clear for any form of international outcry against this determined move by parliament to pass this bill,” Oswogo said. “We urge you all now to go all out to condemn this move in any way you see as fitting including statements (we would be glad if President Obama and other world leaders issued stern statements condemning,)” Ogwaro said.

The Obama administration has already made its opposition known about the bill. In February 2010, President Obama called the legislation “odious” and the State Department has offered numerous statements reiterating its opposition to the bill. The White House and the State Department this week didn’t respond to a request to comment in time for this posting.

Nonetheless, Bromley expressed confidence that the Obama administration — as well as the U.S. embassy in Uganda — is being active in efforts to ensure the anti-gay legislation doesn’t become law.

“We’ve been in close contact with the State Department and the White House — and they’re both following it very closely,” Bromley said. “The embassy is intensely engaged on the ground and they’re still quietly negotiating with the government, but we’re very proud and very confident they really are taking this very seriously and putting the full force of diplomatic policy into this issue.”

Bromley said he expects additional high-level statements from the U.S. government next week as the situation in Uganda regarding a floor vote on the bill becomes more clear.

Chad Griffin, president of the Human Rights Campaign, joined in the calls for others to speak out against the anti-homosexuality, but said the condemnation should come from U.S. religious leaders — such as Rick Warren, T.D. Jakes, Joel Osteen, and voices from the Trinity Broadcasting Network — who have known ties to Uganda’s leaders.

“American faith leaders know that calling for the death penalty — or even calling for imprisonment of — an entire community is not in line with Christian values,” Griffin said. “American Christian faith leaders with ties to Uganda, like Rick Warren and T.D. Jakes, must reach out to their influential Ugandan friends to ensure that the human rights of Ugandans are not put up to a vote.”

 

Should U.S. aid to Uganda be slashed?

One question is whether the United States should threaten to cut off foreign aid to Uganda if the legislature moves forward in passing the legislation. The country is known for being a beneficiary of the President Emergency Plan for AIDS Relief, or PEPFAR, a program aimed at providing drugs to people living with AIDS overseas.

U.S. Ambassador to Uganda Scott DeLisi was quoted in a Uganda newspaper as saying the United States “has decided to continue giving aid to Uganda despite the ongoing numerous investigations into the misuse of foreign aid,” but that statement was in response to a corruption and not the anti-gay bill. Britain and Sweden are among the countries that have threatened to cut off foreign aid to the country as a result of the anti-gay bill.

In a blog posting on Friday, John Aravosis, calls into question the decision against withholding U.S. aid to Uganda, saying cuts to foreign aid would be a better solution to the nation’s “fiscal cliff” crisis as opposed to proposed cuts to Medicare or Social Security.

“The UK just suspended aid to Uganda five days ago over concerns about ‘misuse of funds,'” Aravosis writes. “Works for me. Call it what you want. Genocide.  Misuse of funds. I don’t care. But the Brits have stopped giving their money to thugs and thieves. While U.S. Ambassador Scott DeLisi seems to be aiding and abetting them. Maybe we should cut his budget too.”

The Washington Blade reported in May 2011 that African LGBT activists who attended a panel on the issue at the World Bank opposed the idea of threatening to cut U.S. aid to Uganda as a means to prevent the bill for being passed because it may lead to backlash targeting the LGBT community instead of the bill.

Bromley said the decision over whether to cut aid to Uganda is “a really difficult call,” although he acknowledged the relationship between the United States and Uganda would change if the bill were passed into law.

“A threat to cut off aid also potentially endangers the LGBT community on the ground, who could suffer the consequences or be blamed for it,” Bromley said. “I think it’s clear that our current bilateral relationship would be severely impacted, and that certainly our massive investment in HIV/AIDS would be affected because certain programming would no longer be legal or even safe. I think there’s doubt that if it passes, it has to impact our broad relationship, including our funding relationship, but until we see what happens, it’s dangerous to call for an across the board cut to aid.”

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Florida

DNC slams White House for slashing Fla. AIDS funding

State will have to cut medications for more than 16,000 people

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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