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Hawaii House gives final approval to same-sex marriage bill

Gov. Neil Abercrombie expected to sign once state Senate approves amendments

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Neil Abercrombie, Hawaii, Democratic Party, gay news, Washington Blade
Neil Abercrombie, Hawaii, Democratic Party, gay news, Washington Blade

Gov. Neil Abercrombie (D-Hawaii) (Washington Blade file photo by Michael Key)

The Hawaii House of Representatives on Friday gave its final approval to a bill that would extend marriage rights to same-sex couples in the Aloha State.

The 30-19 vote took place 12 hours after lawmakers began debating the measure.

“This is about a move towards acceptance, tolerance and compassion,” state Rep. Sylvia Luke said.

State Rep. Mark Takai, who in 2011 voted against a bill that extended civil unions to same-sex couples in Hawaii, described Senate Bill 1 as the “right thing to do.”

“My yes vote for this bill is a vote for love, equality and fairness,” Takai said.

Lesbian state Rep. Jo Jordan is among those who voted against SB1.

“I had come to the decision that SB1 needed to [be] amended,” the lawmaker told Honolulu Magazine. “It wasn’t protective enough for everybody. And I truly know, my GLBT community is not going to go somewhere where they are not welcome.”

SB1 opponents also introduced 16 amendments to the bill that would have, among other things, created a task force to study the extension of marriage rights to same-sex couples in Hawaii and further strengthen religious protections that already exist in the measure. Lawmakers rejected all of them in voice votes.

The Hawaii House approved the bill two days after the chamber passed it on its second reading following five days of testimony from SB1 supporters and opponents. The state Senate on Oct. 30 overwhelmingly approved the measure.

Gays and lesbians can legally marry in 14 states and D.C.

Illinois Gov. Pat Quinn on Nov. 20 is scheduled to sign a bill into law that will allow same-sex marriage in his state.

The Hawaii Supreme Court in 1993 ruled the denial of marriage rights to same-sex couples is unconstitutional. The ruling prompted the passage of the Defense of Marriage Act three years later that prohibited the federal government from legally recognizing gay nuptials.

The U.S. Supreme Court in June found a portion of DOMA unconstitutional.

Hawaiian voters in 1998 approved a state constitutional amendment that allowed the Legislature to ban same-sex marriage.

“The state has a responsibility to those voters,” state Rep. Bob McDermott said as he testified against SB1.

Hawaii’s civil unions law took effect in 2012, but a federal judge in August of that year dismissed a lawsuit filed on behalf of two same-sex couples who sought marriage rights in Hawaii. The plaintiffs appealed, and their case is pending in the U.S. Ninth Circuit alongside a second lawsuit that seeks to extend marriage rights to same-sex couples in Nevada.

Hawaii Gov. Neil Abercrombie and 14 state attorneys general last month filed briefs with the court that urge it to rule in favor of nuptials for gays and lesbians in his state and Nevada.

The state Senate on Tuesday is scheduled to consider amendments to SB1 that the House approved.

Abercrombie is expected to sign the measure into law later next week.

“I commend the House of Representatives for taking this historic vote to move justice and equality forward,” the governor said. “After more than 50 hours of public testimony from thousands of testifiers on both sides of the issue, evaluating dozens of amendments and deliberating procedures through hours of floor debates, the House passed this significant bill, which directly creates a balance between marriage equality for same-sex couples and protect our First Amendment freedoms for religious organizations.”

Same-sex couples will be able to legally marry in Hawaii on Dec. 2 once Abercrombie signs SB1 into law.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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