News
Kenyan LGBT rights activist visits D.C.
Anti-LGBT violence remains pervasive in African nation
Eric Gitari of the National Gay and Lesbian Human Rights Commission of Kenya, center, speaks at Global Rights in D.C. on Oct. 11, 2013. (Washington Blade photo by Michael K. Lavers)
A leading Kenyan LGBT rights activist told the Washington Blade during a recent interview he feels his fellow advocates can learn a lot from their U.S. counterparts.
“They own their agenda and they drive it,” said Eric Gitari, executive director of the National Gay and Lesbian Human Rights Commission of Kenya. “I want to draw lessons on how we can get more people to own this equality agenda.”
Gitari spoke with the Blade after he appeared on a panel with Pastor Joseph Tolton of the Fellowship of Affirming Ministries at Global Rights in Northwest D.C. on Oct. 11. The activist also visited the Human Rights Campaign and Human Rights Watch and spoke at the Howard University School of Law and Columbia University in New York before he left the U.S.
Kenya’s colonial government in 1897 adopted India’s penal code that included the criminalization of same-sex sexual relations.
Those convicted under the law could face up to 14 years in prison, but Gitari noted there has never been what he described as “a successful prosecution” under it. He said during the panel that a coalition of groups that hope to repeal the pre-independence statute hope to implement a strategy similar to that used by those who challenged India’s sodomy law – judges on the Delhi High Court in 2009 found the country’s colonial-era statute unconstitutional.
“They are using parallels from the New Delhi case in India to engage their strategies,” Gitari said.
Gitari also noted homophobia, transphobia and anti-LGBT discrimination and violence remain pervasive in Kenya in spite of a new constitution the country adopted in 2010 that acknowledges human rights, equality and other universal values.
He said “ex-gay” programs remain common in Kenyan schools, and students as early as fifth grade are taught homosexuality is a “social deviance” that is comparable to drug activity and criminality. Gitari further noted a 2012 secondary education certification exam asked high school students to give 10 reasons why Kenyan Christians are “united against homosexuals.”
“This law is informing a lot of public policy positions and attitudes,” he said.
A mob in Mtwapa near the coastal city of Mombasa in 2010 doused four gay men whom they thought were about to attend a same-sex wedding with kerosene.
“This was instigated by religious leaders; religious leaders to the present walk scot free,” Gitari said. “[They] have never, ever been investigated in spite of efforts to push for such an investigation for such hate crimes.”
Kenya is among the 76 countries in which consensual same-sex sexual relations remain illegal. Sudan, Mauritania and a handful of other nations continue to impose the death penalty upon anyone found guilty of homosexuality.
Lawmakers in Uganda, which borders Kenya, have faced widespread criticism over a bill Parliamentarian David Bahati introduced in 2009 that sought to execute those convicted of repeated same-sex sexual acts.
President Obama in June spoke out against the criminalization of homosexuality during a press conference in Senegal, which is among the 38 African countries in which consensual same-sex sexual activity remains illegal.
Gitari noted the majority of Kenyans respect Obama because the president’s father was born in the country, but they criticized him over the comments he made while in Senegal.
“There were attempts by people, by propaganda machines within the conservatives to rob him of his African identity,” Gitari said. “They see Obama as a player in the spreading of that Western agenda of homosexuality.”
Advocates look to courts to expand LGBT rights
Gitari and his group hope to use the courts to gain legal protections for LGBT Kenyans that include the eventual repeal of the country’s sodomy law.
A three-judge panel on the High Court of Kenya in 2010 refused to legally recognize Richard Muasya, an intersex person who suffered abuse inside a maximum security prison. Muasya received 500,000 Kenyan shillings (or nearly $5,900) for the mistreatment inside the facility, but the judges said they found no evidence of anti-LGBT discrimination and human rights violations in the country.
The Kenyan Human Rights Commission in 2011 published a report that documented anti-LGBT discrimination. The Kenyan National Commission on Human Rights the following year released a second report that found widespread anti-LGBT discrimination in the country’s health care system.
The High Court of Kenya in June ruled in favor of a transgender woman who claimed police officers in a town outside of Nairobi, the country’s capital, stripped her naked in front of local reporters to determine her gender after they arrested her for assault in 2011. She also accused the officers of groping her breasts during the incident.
Gitari’s group also continues to seek formal recognition in the country.
“Our roadmap is informed by incremental litigation,” Gitari said.
Gitari traveled to D.C. less than a month after members of the Somali terrorist organization al-Shabab killed more than 60 people at a shopping mall in the Kenyan capital of Nairobi.
The East Africa Center for Law and Justice, which the American Center for Law and Justice that anti-gay televangelist Pat Robertson founded in 1990, is among the groups that continue to pose significant barriers to LGBT-specific advances in Kenya. In spite of this resistance, Gitari told the Blade he has not seen any homophobic rhetoric as a result of last month’s attack.
“The good thing that has emerged from it is that Kenyans are beginning to see that teaching extremism and using religion to justify hatred is no longer the way,” Gitari said. “It’s costing innocent lives and it’s not rational in a civilized world anymore.”
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
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