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Russian minister urges gay propaganda ban critics to ‘calm down’

Vitaly Mutko made comments during Moscow press conference

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Russia, anti-gay, gay news, Washington Blade

Russia, anti-gay, gay news, Washington Blade

Protesters gathered outside of the Russian Embassy on Wednesday, July 31, 2013. (Washington Blade photo by Damien Salas)

Russian Sports Minister Vitaly Mutko on Thursday urged critics of his country’s ban on gay propaganda to minors to “calm down.”

“I want to ask you to calm down as in addition to this law we have a constitution that guarantees all citizens a private life,” he told reporters during a press conference in Moscow as Reuters reported. “It is not intended to deprive people of any religion, race or sexual orientation, but to ban the promotion of non-traditional relations among the young generation.”

Mutko’s comments come a day after the White House cited Russia’s LGBT rights record as among the reasons that prompted President Obama to cancel a scheduled meeting with Russian President Vladimir Putin that was to have taken place in Moscow before next month’s G-20 summit in St. Petersburg.

Obama earlier this week weighed in on Russia’s gay propaganda to minors ban during an appearance on NBC’s “The Tonight Show” with Jay Leno.

“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,” Obama said.

Mutko spoke to reporters amid calls to boycott the 2014 Winter Olympics that will take place in Sochi, Russia, in February.

Playwright Harvey Fierstein is among those who have urged the U.S. and other countries to skip the games. Author Dan Savage and LGBT rights advocate Cleve Jones have also called for a boycott of Russian vodka.

British actor Stephen Fry on Wednesday compared the decision to hold the 2014 Winter Olympics in Russia to Nazi Germany hosting the 1936 Summer Olympics in Berlin. Gay actor George Takei has also urged the IOC to move the games from Sochi to another city.

Groups present petition to Russian foreign minister

Gay advocacy groups on Wednesday presented a petition with more than 340,000 signatures to the International Olympic Committee in Lausanne, Switzerland, that urges it to pressure Russian officials to protect the rights of their LGBT citizens. All Out on Thursday also delivered the petition to Russian Ambassador to the United Nations Vitaly Cherkin before he met with U.N. Secretary General Ban Ki-moon in New York.

Andre Banks, executive director of All Out, also spoke with Cherkin about Russia’s LGBT rights issue for 10 minutes before the meeting.

“The ambassador seemed in-denial about Russian citizens being fined and jailed under this new anti-gay law,” Banks said in a statement. “The Russian government is endangering Russia’s international reputation, and possibly their Olympic ambitions, by not taking seriously the global outcry against these laws.”

The IOC said on July 31 it has “received assurances” from the highest levels of the Russian government the broadly worded gay propaganda to minors ban that Putin signed in June will not affect athletes and others who will attend and participate in the Sochi games. The Associated Press on August 5 reported the organization is engaged in “quiet diplomacy” with senior Russian officials, but Mutko told a Russian sports website last week the gay propaganda law will apply to those who travel to Sochi for the Olympics.

“I was in Sochi yesterday and all the athletes and organizations should be relaxed, their rights will be protected,” Mutko said during the Moscow press conference, according to Reuters. “But of course you have to respect the laws of the country you are in.”

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District of Columbia

Lawsuit charges D.C. Courts illegally fired trans man

Complaint says building technician subjected to abuse by supervisors

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Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, a longtime supporter of LGBTQ rights. (Washington Blade photo by Michael Key)

The D.C. Court of Appeals is currently deliberating over whether a 51-year-old transgender man who was fired in June 2019 from his job as a building maintenance technician at three buildings where the D.C. Superior Court and D.C. Court of Appeals are located has legal grounds to contest the firing, which he says was based on his gender identity.

In a little-noticed development, D.C. resident Dion Carter in June 2020 filed a lawsuit in D.C. Superior Court naming the D.C. government as the main defendant in the case on grounds that it plays a role in the funding of the D.C. Courts system and was responsible in part for more than eight years of discrimination and abusive treatment to which Carter was subjected on the job.

At the request of the Office of the D.C. Attorney General, which is representing the DC Court system in the lawsuit, a D.C. Superior Court judge on Jan. 29, 2021, dismissed the lawsuit on procedural grounds without addressing any of Carter’s allegations of discrimination.

Superior Court Judge William M. Jackson stated in a three-page ruling that the D.C. Attorney General’s Office correctly stated in a motion seeking the dismissal of the case that Carter’s lawsuit failed to plead a viable cause of action on two grounds.

One of the grounds, the AG’s office stated, is that the D.C. Courts’ Comprehensive Personnel Policy does not provide a remedy for employment discrimination allegations. Jackson cited the second ground for dismissal proposed by the AG’s office was that the D.C. Courts’ same personnel policy does not provide a private right of action for employees to seek monetary damages in a lawsuit related to discrimination.

In its brief calling for dismissal, the D.C. AG’s office also pointed out that Carter’s lawsuit was invalid because under court rules pertaining to the D.C. Courts’ personnel system, an internal administrative complaint alleging employment discrimination must be filed and carried out to completion before a lawsuit could be filed in court.

In a brief in support of Carter’s lawsuit, Carter’s attorney, Stephen Pershing, strongly disputes the AG office’s assertions, saying at least one Court of Appeals ruling indicated the D.C. Courts’ personnel policies legally “mirror” the provisions of the D.C. Human Rights Act, which, among other things, prohibits discrimination based on gender identity and sexual orientation.  

Pershing also argued in his court briefs that Carter did file an internal administration complaint to contest his firing. But he stated that a high-level D.C. Courts’ official advised Carter that under the court system’s personnel rules, a ruling in Carter’s favor could not result in monetary compensation for lost wages or other legal remedies that Carter called for in his complaint. The official advised Carter and Pershing to file the discrimination case in a lawsuit in court, the lawsuit says. This prompted Carter to withdraw his administrative complaint, a development that Pershing now says was based on false and misleading information provided by the D.C. Court’s official.

In February 2021, Pershing appealed the dismissal of the case before the D.C. Court of Appeals, requesting that the dismissal be reversed and the case be sent back to D.C. Superior Court, where the specific merits of the case could be argued and presented before a jury.

Since the filing of the appeal, Pershing and attorneys with the Office of the D.C. Attorney General have filed briefs under consideration by the Court of Appeals supporting and opposing the contention that the D.C. Courts’ personnel rules allow a remedy for Carter’s discrimination claims.

Like the original lawsuit filed in Superior Court, Carter’s appeal briefs filed by Pershing state that the alleged discrimination against Carter started shortly after Carter first began working in the court system’s building maintenance department in January 2010 as an out lesbian prior to his transition as a male.

At that time Carter already had 15 years of experience in the field of building maintenance technology and became the first woman to hold such as position at the D.C. Courts, the lawsuit says.

According to the lawsuit, the abusive and discriminatory treatment toward Carter increased dramatically in 2015 when Carter informed his then-supervisor Emanuel Allen that he would be taking a short period of leave to undergo gender reassignment surgery. Upon his return to work after the first of five gender reassignment surgical procedures that he has now completed, Carter presented for the first time at work as a male, the lawsuit says.

“For the six months between Carter’s Family Medical Leave Act notice and his surgery, Mr. Allen cut Mr. Carter out of all overtime duty, overtime that was mandatory for all building maintenance workers and that they considered desirable,” the lawsuit says. It says that when Carter asked why Allen did this Allen refused to provide an answer and threatened to issue a poor work performance evaluation against Carter if he continued to question the overtime denial decision.

When Carter returned from his surgery and presented as male, the lawsuit charges, Allen repeatedly referred to Carter as “he-she” in the presence of fellow employees as well as high-level officials involved in the operation of the court system buildings. Carter viewed his treatment by Allen as a form of bullying and disrespect, the lawsuit states.

Over the next three years, according to the lawsuit, Carter was subjected to a hostile work environment by supervisors who, among other things, made false claims that Carter was not doing his job properly, was absent from work without permission, and was acting “aggressively” toward his supervisors or fellow employees. One supervisor blamed Carter’s alleged hostile behavior on the testosterone treatment that Carter was undergoing as a routine part of his gender transition process, the lawsuit says.

The lawsuit alleges that Carter was ultimately fired “on a false pretext” allegedly fabricated by James Vaughn, the Chief Building Engineer and Acting Building Operations Manager of the D.C. Courts. The lawsuit and appeals court briefs say Vaughn accused Carter of consuming an alcoholic beverage at one of the court buildings where Carter was assigned to work on April 6, 2019.

Vaughn recommended to the court system’s acting director of capital projects and facilities management that Carter be terminated from his job on grounds of violating Personnel Policy No. 800, which prohibits consuming illegal drugs or alcohol on court property while on duty.

“That allegation is factually untrue,” the lawsuit states. “Mr. Carter neither consumed nor was under the influence of alcohol while on site,” it says.

“Mr. Carter’s termination was unjustified on any legitimate ground and was an act of unlawful discrimination on account of Mr. Carter’s race, sex, sexual orientation and/or gender identity and expression, and in retaliation for his complaining to his superiors about his illicit mistreatment on these grounds,” the lawsuit and the current appeals court briefs charge.

“These acts and omissions caused Mr. Carter loss of employment, loss of pay and other benefits of employment, as well as anguish, intense hurt, humiliation, anger, sense of loss, disappointment, and emotional conflict between his desire for professional excellence and the torment inflicted on him merely for showing up every day, working, and working well, as an African American, as a lesbian, and as a transgender male,” the lawsuit says. 

“The acts of one or more of Mr. Carter’s superiors alleged in this complaint were motivated by actual malice and/or evil intent and were done with the intention to cause Mr. Carter pain, humiliation, anguish and torment, and as such warrant the imposition of punitive damages,” the lawsuit concludes.

Abigail McDonough, a spokesperson for the Office of the D.C. Attorney General, did not respond to an email message from the Blade asking the AG’s office to comment on Carter’s discrimination allegations. Among the names appearing on the AG office’s court briefs in the Carter lawsuit is D.C. Attorney General Karl Racine, who has expressed strong support for LGBTQ rights in the past.

Douglas Buchanan, a spokesperson for the D.C. Courts, said he would try to determine whether the court system’s building maintenance department would respond to a Blade request for comment on the Carter lawsuit and its allegations that high-level court officials in the maintenance department engaged in anti-transgender discrimination.

Pershing said he plans to file a separate lawsuit on Carter’s behalf in the U.S. District Court for the District of Columbia claiming the discrimination Carter faced violated his constitutional rights. He said he is hopeful that the D.C. Court of Appeals will rule in Carter’s favor, but a backlog in cases will likely mean a ruling would not take place before June of this year.

Under federal court rules, Carter must file his federal discrimination lawsuit in the U.S. District Court within three years from the time he was fired from his job in June of 2019.

Congress created the D.C. court system as a federal entity in 1970 at the time it created D.C.’s home rule government. The U.S. president appoints all judges. The D.C. Council and mayor have no control over the court system, although the D.C. government along with Congress funds the court system. The system is run by a Joint Committee on Judicial Administration consisting of five judges and a secretary who serves as the executive officer.

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Africa

Botswana government to abide by decriminalization ruling

Mokgweetsi Masisi met with LGBTQ activists on Monday

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(Public domain photo)

Botswana President Mokgweetsi Masisi on Monday said his government will abide by a ruling that decriminalized consensual same-sex sexual relations in his country.

Masisi said he would implement the Botswana High Court’s 2019 ruling against sections of the Batswana Penal Code that criminalized homosexuality.

The Batswana government appealed the High Court ruling. The Botswana Court of Appeals last November upheld it.

Agence France-Presse reported Masisi invited representatives of Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), a Batswana LGBTQ rights group that challenged the criminalization law with the support of the Southern Africa Litigation Center, to meet with him at his office in Gaborone, the Batswana capital.

“We demand and expect anybody to respect the decisions of our court,” Masisi told LEGABIBO members, according to Agence France-Presse.

Botswana remains one of only a handful of countries that have decriminalized homosexuality.

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World

Global Equality Caucus hires former El Salvador National Assembly candidate

Erick Iván Ortiz received more than 10,000 votes in 2021

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Erick Iván Ortiz (Foto cortesía de Erick Iván Ortiz)

A group of LGBTQ elected officials from around the world that fights discrimination based on sexual orientation and gender identity has hired an openly gay man who ran for the El Salvador National Assembly last year.

Erick Iván Ortiz will oversee the Global Equality Caucus’ work throughout Latin America.

This work will specifically focus on Mexico, Guatemala, Costa Rica, Colombia, Chile, Argentina, Brazil and Peru. Two events that are scheduled to take place in Mexico City in April and Buenos Aires in May will mark the official launch of the Global Equality Caucus’ efforts in the region.

“The idea at the end of the day is to confront the threats from anti-rights groups that can be identified,” Ortiz told the Washington Blade during a recent interview in the Salvadoran capital of San Salvador.

Ortiz, who is a member of Nuestro Tiempo, a new Salvadoran political party, received 10,615 votes when he ran for National Assembly in 2021. Ortiz would have been the first openly gay man elected to the country’s legislative body if he had won.

Editor’s note: The Blade on Monday published a Spanish version of this story that El Salvador Correspondent Ernesto Valle wrote.

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