National
Obama signs LGBT-inclusive domestic violence bill
VAWA has non-discrimination rules, provides grants to LGBT programs
Flanked by lawmakers and women’s rights advocates, President Obama on Thursday afternoon signed into law LGBT-inclusive legislation aimed at combating domestic violence and helping its victims.
Obama signed the reauthorization of the Violence Against Women Act during a ceremony in the auditorium of the Department of the Interior, concluding the signing by saying, “There you go, everybody!”
The law reauthorizes the 1994 anti-domestic violence measure written by Vice President Biden, which provides funding for the investigation and prosecution of violent crimes crimes against women as well as funding for victims assistance services.
Additionally, the reauthorization institutes new provisions to help more victims of domestic violence, such as those in the LGBT community and individuals in Native American tribes.
In remarks before the signing the bill, Obama emphasized the importance of VAWA reauthorization as a means to continue the protections put in place by the 1994 version of the law while making an oblique reference to the LGBT community.
“Because of this bill, weāll keep in place all the protections and services that Joe described, and, as he said, weāll expand them to cover even more women,” Obama said. “Because this is a country where everybody should be able to pursue their own measure of happiness and live their lives free from fear, no matter who you are, no matter who you love.”
At one point as Obama was offering his remarks someone in audience shouted, “We love you, Mr. President!” Obama replied, “I love you back!”
Among those joining Obama on stage was Sharon Stapel, executive director of the New York-based National Coalition of Anti-Violence Programs.
The president thanked her for her work on domestic violence issue as he noted the LGBT protections in the bill.
“Today is about all the Americans who face discrimination based on sexual orientation and gender identity when they seek help,” Obama said. “So I want to thank Sharon Stapel… for the work sheās doing–the great work sheās doing with the Anti-Violence Project. But Sharon and all the other advocates who are focused on this community, they canāt do it alone. And then now they wonāt have to. Thatās what today is all about.”
In a statement, Stapel said the VAWA reauthorization includes the LGBT community “in truly historic, unprecedented ways.”
āFor the first time in history, federal law includes LGBT anti-discrimination provisions, a huge victory for the LGBT communities and a great step forward for LGBT inclusion in our nation’s laws,” she said. “By including LGBT people in VAWA, we can say to all survivors of violence: you matter and there is support for you.ā
Also on stage with Obama was U.S. Attorney General Eric Holder as well as lawmakers like House Minority Leader Nancy Pelosi (D-Calif.,) Senate Judiciary Chair Patrick Leahy (D-Vt.) and House Minority Whip Steny Hoyer (D-Md.) Sen. Mike Crapo (R-Idaho,) Rep. Gwen Moore (D-Wis.), sponsors of the reauthorization measure, were onstage, as well as 1994 co-author Rep. John Conyers (D-Mich.)
Also standing behind Obama was Biden, who offered his own thoughts on the importance of the legislation.
“Those of you who have been around a while with me know that I quote my father all the time who literally would say, the greatest sin that could be committed, the cardinal sin of all sins was the abuse of power, and the ultimate abuse of power is for someone physically stronger and bigger to raise their hand and strike and beat someone else,” Biden said. “In most cases that tends to be a man striking a woman, or a man or woman striking a child. That’s the fundamental premise and the overarching reason why John Conyers and I and others started so many years ago to draft the legislation called the Violence Against Women Act.”
The VAWA reauthorization helps protect the LGBT community against domestic violence and supports it victims in three ways:
ā¢ First, the law requires all programs that receive funding under VAWA to provide services regardless of a personās actual or perceived sexual orientation or gender identity.
ā¢ Second, the law explicitly includes the LGBT community in the largest VAWA grant program, the āSTOP Grant Program,ā which provides funding to providers who collaborate with prosecution and law enforcement officials to address domestic violence.
ā¢ Lastly, the bill sets up a grant program specifically aimed at providing services and outreach to underserved populations, including programs that provide care specifically for LGBT people.
The LGBT community continues to face issues with domestic violence along the same level as straight people. A 2012 report from the National Coalition of Anti-Violence Programs found 3,930 incidents of domestic violence in the LGBT and HIV/AIDS community in that year. Additionally, the report found that 61.6 percent of LGBT domestic violence victims were denied access to shelters ā nearly a 20-point increase from theĀ 44.6 percent in the previous year.
VAWA reauthorization is the second-ever piece of legislation signed into law with explicit pro-LGBT protections. The first legislation with both a reference to sexual orientation and gender identity was the hate crimes protections legislation Obama signed into law in 2009. The Hate Crimes Statistics Act, which collects data on hate crimes, was the first to mention sexual orientation, not gender identity.
The repeal of “Don’t Ask, Don’t Tell” lifted the ban on openly gay servicemembers from the books, but didn’t institute any pro-LGBT protections in its place.
A number of LGBT advocates were present in the auditorium and hailed the enactment of the legislation as yet another milestone for the advancement of LGBT rights.
David Stacey, deputy legislative director for the Human Rights Campaign, lauded VAWA reauthorization for its historical inclusion and its practical impact on LGBT people.
“From a movement perspective, this is a really an important step forward,” he said. “Then, of course, the substantive fact that more and more victims of domestic violence and sexual assault that are LGBT will have access to services when they need them when they are in crisis.”
Mara Keisling, executive director of the National Center for Transgender Equality, said VAWA will be particularly important for the transgender community, which faces high levels of domestic violence as it does with other kinds of violence.
“It really does some really important things for victims of violence and trans people tend to overrepresented in that as victims of that,” she said. “It’s a really important bill on its own, but politically it’s also the second bill to become a law with LGBT people in it, and there was relatively little problem with the LGBT components.”
VAWA reauthorization is also significant because it marks the first time the House under Speaker John Boehner (R-Ohio) allowed a bill with pro-LGBT language to pass.
However, House Republicans only allowed the bill to pass after a version without LGBT language failed on the House floor. Then, they took up the LGBT-inclusive bill already passed by the Senate.
Julie Kruse, policy director of Immigration Equality, said she’s “thrilled” with the LGBT-inclusion in VAWA reauthorization and hopes that passage in the House bodes well for passage of immigration reform legislation for bi-national same-sex couples.
“We’re thrilled at how much support the president gave to LGBT inclusion, and this is where we are,” she said. “We think it’s a very awesome precedent for the comprehensive immigration reform that’s coming up.”
But Stacey cautioned against giving House Republicans credit for passage of the domestic violence legislation.
“There still was very significant Republican opposition in the House, however, the fact that at the end of the day, they let a bill go that had every Democrat voting for it and a large number of Republicans is a good step forward,” he said. “I think the really significant side is the Senate, where we had a majority of the Republican conference voting for this bill with the sexual orientation and gender identity provisions in it.”
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
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 āderisive, 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 āit 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 ātext, 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.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
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.Ā Ā
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.SĀ imposed visa restrictionsĀ on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announcedĀ the suspension of new loansĀ to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act āfurther 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.ā 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.Ā
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.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
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.Ā
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.Ā
āApplying rational-basis review, the age-verification requirement is rationally related to the governmentās legitimate interest in preventing minorsā access to pornography,ā the three judge panel of the 5th Circuit explained. āTherefore, the age-verification requirement does not violate the First Amendment.ā
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower courtās 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.
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 āineffective, haphazard, and dangerous.ā 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 DMVās Wallet app, which contains a mobile driverās license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateās 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 driverās licenses or other methods.
The Associated Press reported this past October that an adult entertainment groupās 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.
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.
āAs 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.ā
āMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā the statement continues. āAs weāve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā
āUntil a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]ā 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 toĀ 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.
āAs you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,ā the message said. āWhile 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.ā
Courthouse News reportedĀ that after Virginiaās 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.Ā Ā
āWe 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,āĀ Lucas saidĀ on X, formerly Twitter. āWe will continue our work to keep pornography out of the hands of minors ā¦ but we will also work to ensure that this Governorās error does not put the privacy of Virginians at further risk.ā
Beyond the U.S. in the European Union, Pornhub and two more of the worldās biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUās Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as āvery large online platformsā 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 EUās 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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