National
Gay rights factor into Obama decision to cancel Putin meeting
President tells Leno he has ‘no patience’ for anti-gay laws
The White House on Wednesday announced President Obama has cancelled a meeting with Russian President Vladimir Putin that had been scheduled to take place next month in Moscow.
White House Press Secretary Jay Carney said in a statement the Kremlin’s decision to grant temporary asylum to National Security Agency leaker Edward Snowden last week is among the factors that contributed to the decision to cancel the meeting that was to have taken place before the G-20 summit in St. Petersburg. An administration official told the Washington Blade that Russia’s LGBT rights record also played a role in Obama’s decision to cancel the talks with his Russian counterpart.
Obama is still scheduled to travel to the G-20 summit that will take place Sept. 5-6.
“Given our lack of progress on issues such as missile defense and arms control, trade and commercial relations, global security issues and human rights and civil society in the last 12 months, we have informed the Russian government that we believe it would be more constructive to postpone the summit until we have more results from our shared agenda,” Carney said.
The announcement comes hours after Obama joined the chorus of those who have blasted Russia over its ongoing gay crackdown.
“I have no patience for countries that try to treat gays or lesbians or transgender persons in ways that intimate them or are harmful to them,” he told Jay Leno during a pre-taped appearance on NBC’s “The Tonight Show.”
Gay advocacy groups on Wednesday also presented to the International Olympic Committee a petition with more than 300,000 signatures that urges it to pressure Russian officials to protect the rights of their LGBT citizens.
The petition that All Out and Athlete Ally presented to IOC officials in Lausanne, Switzerland, stresses the organizations stand “with citizens across Russia who are calling on their government to stop the crackdown against lesbian, gay, bi and trans people” ahead of the 2014 Winter Olympics that will take place in Sochi, Russia, in February. The group also urges the IOC and other global and Russian leaders “to work to eliminate all anti-gay laws and protect all citizens from violence and discrimination” in the country.
Former Baltimore Ravens linebacker Brendon Ayanbadejo; former Oakland Raider Chris Kluwe and Greg Louganis, an Olympic diver who was unable to compete in the 1980 Summer Olympics in Moscow after the U.S. boycotted the games, are among those who have endorsed the petition.
Actor Stephen Fry in an open letter to IOC President Jacques Rogge and British Prime Minister David Cameron that he posted to his blog on Wednesday compared the decision to hold the 2014 Winter Olympics in Russia to Nazi Germany hosting the 1936 Summer Olympics in Berlin. Leno told Obama he feels Russia’s anti-LGBT crackdown “seems like Germany with let’s round up the Jews.”
“The International Olympic Committee is being forced by Russia to tell athletes to shut up, but instead they are speaking out,” All Out Executive Director Andre Banks said. “Ironically, the global outcry is transforming Sochi into an amazing platform for Russians and athletes to defy the law and speak out.”
The IOC said in a July 31 statement it has “received assurances” from “the highest level of government in Russia” the broadly worded gay propaganda to minors ban that President Vladimir Putin signed in June will not affect athletes and others who will travel to Sochi.
The Associated Press on Aug. 5 reported the organization is engaged in “quiet diplomacy” with senior Russian officials on the issue. This report comes less than a week after Russian Sports Minister Vitaly Mutko told a Russian sports website the gay propaganda law will apply to those who attend the games.
Lady Gaga describes Russian gov’t as ‘criminal’
In addition to the gay propaganda ban, Putin last month signed a second law that bans foreign same-sex couples and any couple from a country in which gays and lesbians can legally marry from adopting Russian children. LGBT rights groups and other organizations that receive funding from outside Russia could face a fine if they don’t register as a “foreign agent.”
Authorities in the Russian capital in May arrested 30 people who tried to stage a Pride march outside Moscow City Hall. St. Petersburg officials in June took more than 40 LGBT rights advocates into custody who tried to stage their own Pride event.
Authorities in Murmansk on July 21 arrested four Dutch LGBT rights advocates who were filming a documentary about gay life in Russia.
Reports of anti-gay violence, hate crimes and even ultra-nationalists torturing gay Russian teenagers whom they meet on local social media networks continue to emerge from the country.
The Russian government last week announced it would investigate whether Lady Gaga and Madonna did not secure the proper visas to enter the country last year. Both singers spoke out against St. Petersburg’s law that bans gay propaganda to minors during their concerts in the city.
“The Russian government is criminal,” Lady Gaga wrote on her Twitter page on August 5. “Oppression will be met with revolution. Russian LGBTs you are not alone. We will fight for your freedom.”
Gay actor George Takei on Tuesday urged the IOC to move the 2014 games from Sochi to another city.
“The IOC must do the right thing, protect its athletes and the fans, and move the 2014 Winter Olympics out of Russia,” he wrote on his blog.
Actor and playwright Harvey Fierstein is among those who have urged the U.S. and other countries to boycott the Sochi games. Author Dan Savage and LGBT rights advocates Cleve Jones have also called for a boycott Russian vodka.
A coalition of LGBT sports organizations that includes Outsports.com and Athlete Ally on Aug. 1 announced they oppose a boycott of the Olympics. The Obama administration, retired tennis champion Martina Navratilova and Russian LGBT rights advocate Nikolai Alekseev are among those who also oppose calls to boycott the Sochi games.
All Out founder describes Sochi boycott calls as ‘premature’
Banks told the Blade during an interview in his Manhattan office on Aug. 2 that he feels calls to boycott the Sochi games are “premature.”
His group continues to work with Coming Out, a St. Petersburg LGBT advocacy group that was fined 500,000 rubles or slightly more than $15,000 for violating Russia’s “foreign agents” law that took effect in 2012. All Out is also working with the Russian LGBT Network.
“What we’re hearing from the groups inside Russia is we should use this opportunity to speak up and to speak out and to challenge the law as opposed to basically punishing Olympians for this law that they had nothing to do with,” Banks said.
Banks added the games provide an opportunity for the U.S. and other governments and international human rights organizations to speak out against Russia’s LGBT rights record in a way he feels the Russian government cannot ignore.
“The Sochi Olympics create this opportunity where actually everyone — these many kind of stakeholders — have an opportunity to say something at the same time about these laws in a way that can’t be ignored,” he said. “There’s an opportunity for the U.S. to take a more aggressive position than they have taken up to now.”
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 “derisive, 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 “it 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 “text, 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.
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further 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.” 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.
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.
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.
“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’s 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 “ineffective, haphazard, and dangerous.” 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 DMV’s Wallet app, which contains a mobile driver’s license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’s 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 driver’s licenses or other methods.
The Associated Press reported this past October that an adult entertainment group’s 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.
“As 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.”
“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”
“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” 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 to 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.
“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “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.”
Courthouse News reported that after Virginia’s 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.
“We 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,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”
Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” 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 EU’s 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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