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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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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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