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Groups link Utah polygamy ruling to gay marriage

NOM, FRC blame LGBT advocates for opening ‘path’ to bigamy, incest

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Tony Perkins, FRC, gay news, Washington Blade
Tony Perkins, FRC, gay news, Washington Blade, polygamy

FRC President Tony Perkins says the legalization of same-sex marriage will lead to legalized polygamy. (Washington Blade file photo by Lee Whitman)

Two of the nation’s leading anti-LGBT groups — the National Organization for Marriage and the Family Research Council — said a decision by a federal judge in Utah last week overturning part of the state’s law banning polygamy was made possible by earlier court rulings supportive of same-sex marriage.

An official with the marriage equality group Freedom to Marry disputed that assertion, saying the Utah ruling was limited to the right of people to choose personal living arrangements unrelated to marriage.

But statements by NOM and FRC linking the Utah ruling to same-sex marriage were reported widely in the media, with cable news outlets inviting FRC President Tony Perkins to appear on news programs to express his views on the issue.

Judge Clark Waddoups of the U.S. District Court of Utah ruled on Dec. 13 that a section of Utah’s anti-polygamy law that prohibits “cohabitation” violates the U.S. Constitution’s First Amendment guarantee of freedom of religion as well as the Constitution’s due process clause.

Waddoups’ ruling left in place the anti-polygamy law’s provisions prohibiting someone from obtaining two or more valid marriage licenses to marry more than one person.

In a statement released by the National Organization for Marriage, the group’s president, Brian Brown, called Waddoups’ ruling the first step in an effort by polygamists to bring a test case to the Supreme Court to obtain legal recognition of “plural” marriages.

“There’s no doubt that the arguments for same-sex marriage were a template for this case,” Brown said. “People in polygamist, plural marriages are just a short step away from winning official marriage rights. Adult incest practitioners will have similar claims, as will adult siblings and other close relations,” he said.

“This decision is the next step along the path blazed by same-sex marriage advocates who have convinced federal judges to transform the societal norm of marriage as the union of one man and one woman designed primarily for the benefit of any children produced of their union into an institution that recognizes intimate, romantic relationships between consenting adults,” Brown said.

Evan Wolfson, founder and president of the same-sex marriage advocacy group Freedom to Marry, said Brown’s interpretation of Waddoups’ ruling was incorrect.

“Contrary to yet another predictable breathless rush to misrepresent from NOM and its anti-gay ilk, this decision is no more about marriage than NOM is,” Wolfson told the Blade in an email.

“It’s about cohabitation, that is, whom you may choose to live with,” he said. “As anyone reading the judge’s ruling can see, the decision leaves intact other prohibitions on bigamy, polygamy, and fraud. Instead it’s about choices people make about living together, not marrying.”

Wolfson added, “Do the NOM/FRC crowd really believe that in a free country the government should be dictating to Americans – married or otherwise, religious or otherwise – whom they may even live with?”

The challenge to the Utah polygamy law stems from a lawsuit filed by Kody Brown, the lead figure in the reality television show “Sister Wives,” in which Brown stars with people he identifies as his four wives and 17 children.

Brown and his family are members of the Apostolic Brethren Church, a breakaway sect from the Mormon Church whose members embrace polygamy as part of their religious beliefs. The Mormon Church ended its support for polygamy in the 1890s when Congress required the then territory of Utah to prohibit polygamy as a condition for becoming a state.

George Washington University law professor Jonathan Turley represents the Brown family in connection with their lawsuit. He argued before the court that the provision of the Utah polygamy law prohibiting cohabitation violated the family’s right to privacy and religious freedom.

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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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