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Court allows lawsuit against U.S. pastor for helping with Uganda anti-gay bill

Judge determines LGBT people eligible for protection under int’l law

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Scott Lively, gay news, Washington Blade, anti-gay, ex-gay
Scott Lively, gay news, Washington Blade, anti-gay, ex-gay

A U.S. district judge is allowing a case to proceed Scott Lively for fomenting anti-gay sentiment in Uganda. (Screen shot via YouTube).

A federal district court in Massachusetts announced on Wednesday it will allow a case to proceed against evangelical Christian Scott Lively for unlawfully fomenting anti-gay sentiment in Uganda and encouraging passage of the country’s pending “Kill the Gays” bill.

In a 79-page decision denying summary judgment in favor of Lively, U.S. District Judge Michael Ponsor refers the case to Magistrate Judge Kenneth Neiman for a pretrial scheduling conference.

“The history and current existence of discrimination against LGBTI people is precisely what qualifies them as a distinct targeted group eligible for protection under international law,” Ponsor writes. “The fact that a group continues to be vulnerable to widespread, systematic persecution in some parts of the world simply cannot shield one who commits a crime against humanity from liability.”

Lively, president of the California-based Abiding Truth Ministries, is known for advocating that gay people should be jailed — even in countries overseas. In 2009, Lively was one of three pastors who went to Uganda to deliver a series of talks on the threat of homosexuality to African society.

According to the New York Times, Lively, in addition to these talks, met with Ugandan lawmakers to discuss the now infamous anti-homosexuality legislation colloquially known as the “Kill the Gays” bill, which in some circumstances would institute the death penalty for homosexual acts. Still, Lively later reportedly said he doesn’t support a bill that includes the death penalty.

The California-based pastor has argued for the criminalization of homosexuality at least since 2007, when he wrote an open letter to the Russian people calling for them to make it illegal. The anti-gay propaganda law that has generated significant outcry in recent weeks is along the lines of what Lively envisioned in the letter.

“My philosophy is to leave homosexuals alone if they keep their lifestyle private, and not to force them into therapy if they don’t want it,” Lively wrote “However, homosexuality is destructive to individuals and to society and it should never publicly promoted. The easiest way to discourage “gay pride” parades and other homosexual advocacy is to make such activity illegal in the interest of public health and morality.”

The lawsuit was filed against Lively in March 2012 by the Massachusetts-based Center for Constitutional Rights on behalf of Sexual Minorities Uganda, or SMUG, a Uganda LGBT group working to stop passage of the Uganda’s anti-homosexuality law.

Frank Mugisha, the director of SMUG, told the Washington Blade he’s “very pleased the court ruled to proceed” with the case against Lively.

“This shows that no one can violate international and abuse human rights,” Mugisha said. “LGBT rights are universal.”

The Center for Constitutional Rights is suing Lively on the basis of state law and the Alien Tort Statute, which allows U.S. courts to hear human-rights cases brought by foreign citizens for conduct committed outside the United States. The organization is seeking compensatory damages, declarative relief that Lively’s actions violated the law of nations and an injunction prohibiting him for engaging in such activity again.

Pam Spees, a senior staff attorney with the Center for Constitutional Rights, said she’s “elated” the court allowed the case to proceed.

“I think it’s going to have a long-term effect in different places, not only in Uganda, but elsewhere where persecution is happening in this way,” Spees said. “The recognition that LGBT people are entitled to the same protections as anyone else and are entitled to be protected against persecution like any other group is a historic confirmation that this is a basic fundamental principle of international law.”

The social conservative legal firm known as the Liberty Counsel is representing Lively in the case. The organization didn’t immediately respond to the Blade’s request to comment, but Spees said she expects his attorneys to appeal one or more of the grounds the court cited to allow the case to proceed. Resolution to the case, Spees said, could take a number of years.

Mark Bromley, chair of the LGBT international group Council for Global Equality, said the court’s decision to allow the case to proceed “is both persuasive and groundbreaking” because it establishes persecution LGBT people may constitute a crime against humanity.

“This is also a small but important first step in exposing those who seek to export homophobia from the United States to the rest of the world,” Bromley added. “And I hope it serves as a common-sense warning to those political and religious leaders around the world who continue to target LGBT individuals for their own selfish political gain.”

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World

Election in India’s most popular state seen as crucial LGBTQ rights test

Right-wing Bharatiya Janata Party currently governs Uttar Pradesh

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(Bigstock photo)

India’s most populous state and a battleground for Prime Minister Narendra Modi will hold the election in seven phases in February as the Election Commission of India has announced.

The Uttar Pradesh election is the key prize in India’s parliamentary election as the state holds 80 parliamentary seats, the most in the country. Uttar Pradesh’s LGBTQ community and LGBTQ people from across the country have been eyeing this election because it can play a crucial role in policy changes for the community in India.

The Bharatiya Janata Party (BJP), a right-wing nationalist party, is ruling Uttar Pradesh. The party is also ruling the country under Modi, but it has not been supportive of same-sex marriage.

“We are not a minority anymore. The community is thriving in the state,” said Lovpreet, a Lucknow-based activist who works for transgender rights in Uttar Pradesh. “If the current government is not going to give us the right for same-sex marriage, we should remove the government in this election.”

The ruling party is yet to release its election manifesto, but the party is not considering listing LGBTQ issues in it.

A newly married same-sex couple from New York last year applied for an OCI (overseas citizen of India) Card, which would have allowed them multiple entries and a multi-purpose life-long visa to visit India, but the country did not recognize them as legally married and refused to issue it to them.

The couple filed a petition in Delhi High Court. Solicitor General Tushar Mehta, who is the central government’s legal representative, stated in response to the petition that marriage is permissible between a “biological male” and “biological female” and the government therefore cannot issue an OCI Card to their spouse.

Although India struck down a colonial-era law that criminalized homosexuality in 2018, there is still no law for same-sex marriage. The LGBTQ community has been demanding for years that political parties legalize same-sex marriage, but the issue is yet to appear in any party’s manifesto.

Lovpreet, who lives in Uttar Pradesh, believes that BJP is doing some good, like forming a trans advisory board last September.

“BJP is slowly moving towards being LGBTQ friendly, and if given the time and opportunity, it can do some good in the future,” said Lovpreet.

The Indian National Congress (INC), a leading central left-wing party, is also fielding its candidate in the state election, but the party does not see LGBTQ issues as important.

Dr. Shashi Tharoor, an MP and chair of All India Professionals Congress, the INC’s professional wing, refused multiple requests to speak on the legalization of same-sex marriage. The INC last week released its manifesto for the Uttar Pradesh election, but there were no promises for the LGBTQ community.

Former Defense Minister Jitendra Singh, an INC member who will set the party’s agenda ahead of the Uttar Pradesh election, also refused to speak about the legalization of same-sex marriage and other LGBTQ issues in the state and the country.

Ram Gopal Yadav, the leader of the left-wing socialist Samajwadi Party and the head of the Council of States (Rajya Sabha), the upper house of the Indian Parliament, in 2013 while speaking with the media explicitly said that homosexuality is “unethical and immoral.” But the Samajwadi Party has recently changed its tone regarding the community.

“With every aspect, whether it is farmers, whether it is women, whether it is children or the LGBTQ community, there will be continuous policy measures of the party that are progressive and liberal,” said Samajwadi Party spokesperson Ghanshyam Tiwari. “When the government is progressive and not bounded by dogma, then every issue related to any community has to be looked at in a manner that gives equal opportunity and be empathetic towards them. The more vulnerable the community is, the greater government needs to do,” he added further. 

The Mayawati Prabhu Das-led Bahujan Samaj Party, a national party that is running in the Uttar Pradesh election, has emerged as an LGBTQ ally. The party, however, has not released its election manifesto and it is yet to be seen if it will include LGBTQ issues.

There is no political party in Uttar Pradesh or the country with significant LGBTQ representation.

Tiwari in a statement to the Washington Blade said there is no plan yet for the Samajwadi Party to field candidates from the community in the upcoming election, but the party can consider it for the upcoming parliamentary election.

“The central government is not decriminalizing same-sex marriage. They are looking at the conservative vote bank,” said Preeti Sharma Menon, a spokesperson of the Aam Aadmi Party.

Aam Admi Party is a national party in the country. The party had fielded candidates in previous Uttar Pradesh elections but had no significant luck.

“To appease conservative voters, the ruling party, the BJP, is not taking steps to legalize same-sex marriage,” Menon added further.

The Aam Aadmi Party in the previous parliamentary election had a trans candidate from Uttar Pradesh. The party has expressed its desire to field other candidates in the state’s election from the community.

The BJP is ruling both the country and the Uttar Pradesh with no intention to support or address LGBTQ issues.

Senior BJP leader Sudhir Mungantiwar from the state of Maharashtra last year made several homophobic comments in Parliament. The party did not punish him, nor did other political parties condemn his statements.

It is yet to be seen how this election impacts policies of different political parties for the LGBTQ community in the upcoming parliamentary election of the country.

Mohit Kumar (Ankush) is a freelance reporter who has covered different stories that include the 2020 election in the U.S. and women’s rights issues. He has also covered NASA, the European Space Agency, the Canadian Space Agency and loves to help people. Mohit is on Twitter at @MohitKopinion and can be reached at [email protected].

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Florida

Florida House committee passes “Don’t Say Gay” bill

“LGBTQ people are your neighbors, family members, and friends. We are a normal, healthy part of society and we will not be erased”

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Florida State Capitol building

TALLAHASSEE – A Republican majority Florida House Education & Employment Committee passed HB 1557, the Parental Rights in Education bill, colloquially referred to as the “Don’t Say Gay” bill advancing the measure to the full House.

HB 1557 and its companion Senate bill SB 1834, would ban classroom discussions about sexual orientation and gender identity in schools, erasing LGBTQ identity, history, and culture — as well as LGBTQ students themselves.

The bill also has provisions that appear to undermine LGBTQ support in schools and include vague parental notification requirements which could effectively “out” LGBTQ-identifying students to their parents without their consent.

“The Trevor Project’s research has found that LGBTQ youth who learned about LGBTQ issues or people in classes at school had 23% lower odds of reporting a suicide attempt in the past year. This bill will erase young LGBTQ students across Florida, forcing many back into the closet by policing their identity and silencing important discussions about the issues they face,” said Sam Ames, Director of Advocacy and Government Affairs at The Trevor Project. “LGBTQ students deserve their history and experiences to be reflected in their education, just like their peers.”

In an email to the Blade, Brandon J. Wolf, the Press Secretary for Equality Florida noted; “Governor DeSantis’ march toward his own personal surveillance state continues. Today, the Don’t Say Gay bill, a piece of legislation to erase discussion of LGBTQ people from schools in Florida, passed its first committee and became another component of an agenda designed to police us in our classrooms, doctor’s offices, and workplaces. Make no mistake — LGBTQ people are your neighbors, family members, and friends. We are a normal, healthy part of society and we will not be erased.”

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than 42% of LGBTQ youth seriously considered attempting suicide in the past year, including more than half of transgender and nonbinary youth.

According to a recent poll conducted by Morning Consult on behalf of The Trevor Project, 85% of transgender and nonbinary youth — and two-thirds of all LGBTQ youth (66%) — say recent debates about state laws restricting the rights of transgender people have negatively impacted their mental health.

When asked about proposed legislation that would require schools to tell a student’s parent or guardian if they request to use a different name/pronoun or if they identify as LGBTQ at school, 56% of transgender and nonbinary youth said it made them feel angry, 47% felt nervous and/or scared, 45% felt stressed, and more than 1 in 3 felt sad.

If you or someone you know needs help or support, The Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Get-Help, or by texting START to 678678. 

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District of Columbia

D.C.’s Capital Pride to resume ‘large-scale’ outdoor events

Organizers say one of the largest ever parades and festivals set for June

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Happy days are here again? Scenes like this from 2019 could be back in 2022. (Washington Blade file photo by Michael Key)

Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, has announced on its website that it plans to resume the city’s Pride Parade and Festival in June 2022 that traditionally has attracted tens of thousands of participants after canceling the two events in 2020 and 2021 due to the COVID pandemic.

“The Capital Pride Alliance is excited to announce the highly anticipated return of our annual large-scale outdoor Pride Celebration in June 2022!” the group says on its website. “Registration for the Capital Pride Parade on June 11, 2022, and the Capital Pride Festival on June 12, 2022, will be open soon,” the website message says.

Ryan Bos, the Capital Pride Alliance executive director, told the Washington Blade the group met with D.C. government officials on Monday to coordinate plans for the upcoming outdoor events in June. He said an updated announcement with more details of the events would be released later this week or early next week.

The Capital Pride website message focuses on the parade and festival.

“Join the LGBTQ+ community for the return of the historic Capital Pride Parade,” the website message says. “In 2022, a modified route will honor our history and acknowledge the evolution of the LGBTQ+ neighborhoods in Washington, DC, while respecting the origins and importance of taking to the streets in our fight for equality,” it says.

“Be prepared to experience one of the largest Pride Parades to ever take place in the United States Capital,” the message adds.

The message says the Pride Festival will resume at its traditional location on Pennsylvania Avenue, N.W. near the U.S. Capitol that it refers to as America’s Mainstreet.

“Enjoy a full day of entertainment on three stages, food, drink and advocacy with over 300 exhibitors,” the website message says. “The Festival is the largest annual event in the national capital region,” the message continues, adding that the Capital Pride Concert will also return this year at its usual locations at the site of the festival.

“You will experience entertainment on three stages, from international headliners to our best local regional LGBTQ+ talent,” according to the Capital Pride website message. It says concert performances will take place from 12-10 p.m. And a “Capitol” Sunset Dance Party will take place at the festival site from 8-10 p.m.

“The concert may end but the dancing will continue,” the message says. “Enjoy the electronica sounds of an international DJ sensation while you dance in the middle of America’s Main Street on Pennsylvania Avenue, with the sun setting on the U.S. Capitol.”

D.C. Mayor Muriel Bowser and the city’s public health officials ended the city’s COVID-related restrictions on the number of people allowed to attend outdoor events as well as indoor entertainment events last May as the number of COVID infections began to decline.

But as the number of Omicron variant cases of the COVID virus increased dramatically in the fall of 2021, the mayor resumed the requirement of the use of face masks in all indoor public places.

Also put in place earlier this month by the city was a requirement that restaurants, bars, nightclubs, and other entertainment establishments require customers to show proof of vaccination as a condition for admission to the establishments. Bowser, however, has said the city was not considering resuming restrictions on the number of people allowed in establishments such as restaurants and bars or outdoor stadiums.

Capital Pride Alliance has not said whether it will put in place a vaccination requirement for admission to the Pride festival and parade as well as some of its planned indoor events. With the number of Omicron related COVID cases beginning to drop in the past two weeks in D.C. and the surrounding suburbs, the prospect of a resumption in restrictions on the number of people allowed to assemble at outdoor events like the Pride Parade and Festival appears to be less likely.

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