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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 2022 human rights report

Conversion therapy, treatment of intersex people documented

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The State Department (Photo courtesy of the Library of Congress)

The State Department’s annual human rights report that was released on Monday details the prevalence of so-called conversion therapy and the treatment of intersex people around the world.

The report notes LGBTQ and intersex rights groups in Kenya have “reported an increase in so-called conversion therapy and ‘corrective rape’ practices, including forced marriages, exorcisms, physical violence, psychological violence, or detainment.” The report cites the Kenya National Commission on Human Rights that said “infants and children born with physical sex characteristics that did not align with either a typical male or female body were subjected to harmful medical practices for years in attempt to ‘normalize’ them.” 

A landmark law that extended legal protections to intersex Kenyans took effect last July.

The report notes “many reports of conversion attempts conducted or recommended by evangelical and Catholic churches” in Brazil, even though the country has banned conversion therapy. It also cites the case of Magomed Askhabov, a man from the Russian republic of Dagestan who “demanded a criminal case be opened” against a rehabilitation center in the city of Khasavyurt in which he and other residents “were physically abused and subjected to forced prayer as part of their ‘treatment’ for homosexuality.”

“There were reports police conducted involuntary physical exams of transgender or intersex persons,” notes the report. “The Association of Russian-speaking Intersex reported that medical specialists often pressured intersex persons (or their parents if they were underage) into having so-called normalization surgery without providing accurate information about the procedure or what being intersex meant.”

The report notes Afghan culture “insists on compulsory heterosexuality, which forced LGBTQI+ individuals to acquiesce to life-altering decisions made by family members or society.” The report also refers to LGBTQ and intersex activists in the Philippines who criticized former President Rodrigo Duterte after he “mockingly” endorsed conversion therapy and joked he had “cured” himself of homosexuality.

The report indicates “social, cultural and religious intolerance” in Kiribati “led to recurrent attempts to ‘convert’ LGBTQI+ individuals informally through family, religious, medical, educational, or other community pressures.”

Hungarian law “prohibits transgender or intersex individuals from changing their assigned sex/gender at birth on legal and identification documents and there is therefore no mechanism for legal gender recognition.” The report also cites statistics from the Háttér Society, a Hungarian LGBTQ and intersex rights group, that indicate one out of 10 LGBTQ and intersex Hungarians have “gone through some form of ‘conversion therapy.'”

The report notes then-British Prime Minister Boris Johnson’s government in April 2022 announced plans to ban conversion therapy based on sexual orientation in England and Wales. Activists sharply criticized the exclusion of transgender people from the proposal, and the British government later cancelled an LGBTQ and intersex rights conference after advocacy groups announced a boycott.

‘Human rights are universal’

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

President Joe Biden last June signed a sweeping LGBTQ and intersex rights executive order. Secretary of State Antony Blinken at the beginning of this year’s report notes the mandate directed the State Department to “specifically include enhanced reporting on so-called conversion ‘therapy’ practices, which are forced or involuntary efforts to change a person’s sexual orientation, gender identity, or gender expression, as well as additional reporting on the performance of unnecessary surgeries on intersex persons.” 

“Human rights are universal,” Blinken told reporters on Monday as he discussed the report. “They aren’t defined by any one country, philosophy, or region. They apply to everyone, everywhere.”

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

The State Department released the report hours before U.S. Ambassador to the U.N. Linda Thomas-Greenfield hosted a meeting at the United Nations that focused on the integration of LGBTQ and intersex rights into the U.N. Security Council’s work.

Lawmakers in Uganda on Tuesday approved a bill that would further criminalize LGBTQ and intersex people in the country. Consensual same-sex sexual relations remain criminalized in dozens of other countries around the world.

Activists in Ukraine with whom the Washington Blade has spoken since Russia launched its war against the country in February 2022 have said LGBTQ and intersex people who lived in Russia-controlled areas feared Russian soldiers would target them because of their sexual orientation or gender identity. The report’s release also coincides with Republican efforts to curtail LGBTQ rights in states across the U.S.

Volunteers with the Parasol Patrol, a group that protects children and young people from protesters at drag queen story hours and other LGBTQ-specific events in the U.S., at a recent protest. (Photo by Jon Farina)

The report notes LGBTQ and intersex rights advances around the world in 2022.

Antigua and Barbuda, Barbados, St. Kitts and Nevis and Singapore decriminalized consensual same-sex sexual relations last year. 

The report notes Chile’s marriage equality law took effect on March 10, 2022, but lists violence against LGBTQ and intersex people as one of the “significant human rights issues” in the country. Switzerland, Slovenia and Cuba also extended marriage rights to same-sex couples in 2022.

Jaime Nazar, left, Javier Silva with their two children shortly after they married in Santiago, Chile, on March 10, 2022. (Washington Blade photo by Michael K. Lavers)

The report cites the case of Brenda Díaz, a trans Cuban woman with HIV who is serving a 14-year prison sentence because she participated in an anti-government protest in July 2021. The report also notes several LGBTQ and intersex journalists — including Nelson Álvarez Mairata and Jancel Moreno — left the country because of government harassment and threats. 

The Cuban government also blocked the websites of Tremenda Nota, the Blade’s media partner on the island, and other independent news outlets. 

The full report can be found here:

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Florida

Miami hotel liquor license may be revoked over a drag show

State’s Division of Alcoholic Beverages and Tobacco targets business

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Hyatt Regency Hotel in downtown Miami. (Photo by dennizn/Bigstock)

Republican Florida Gov. Ron DeSantis’ administration is in the process of revoking the Hyatt Regency Miami’s alcohol license after the Florida Department of Business and Professional Regulation determined that the hotel’s affiliated James L. Knight Center had hosted “A Drag Queen Christmas” performed Dec. 27 with minors present in the audience.

The Knight Center is a major South Florida venue and has previously hosted the Miss Universe and Miss USA pageants. The venue’s main room can seat 4,600 people.

This is the third time the state’s Division of Alcoholic Beverages and Tobacco, which operates under the Department of Business and Professional Regulation, has targeted a business that hosted a drag show.

A popular restaurant and pub in Miami’s Wynwood neighborhood is also under threat of losing its liquor license. The R House identifies itself on its Facebook page as “the proud home of South Florida’s most popular weekend drag brunches.”

The July 2022 complaint filed by the Department of Business and Professional Regulation asks for a final order that the R House restaurant is a declared a public nuisance and has its liquor license revoked. 

According to the South Florida Sun Sentinel, the complaint was issued after a video of a recent performance at the bar’s drag brunch went viral. A topless drag queen wearing lingerie stuffed with money can be seen in the video attempting to dance with a young girl, who the DPBR estimates is “between three and five years old.” Twitter account “Libs of Tik Tok” originally found the footage on Tik Tok, posted by a user who wrote, “Children belong at drag shows!!!! Children deserve to see fun and expression & freedom.”

In late December “A Drag Queen Christmas” was hosted by the Orlando non-profit Orlando Philharmonic Plaza Foundation on Dec. 28, filing a complaint alleging that children under age 18 were allowed to attend.

The complaint against the Orlando Philharmonic alleged the foundation violated Florida law in allowing for a person to “commit lewd or lascivious exhibition” in the presence of an individual who is less than 16 years old.

In this latest targeting of the show, which is a holiday-themed drag show that tours in 36 different cities and features stars from the reality show “RuPaul’s Drag Race,” Insider webzine journalist Kimberly Leonard reported that the DeSantis administration officials accused the Knight Center of several violations, including a prohibition of “lascivious exhibition” before people younger than 16, mirroring the December complaint against the Orlando Philharmonic.

The department’s complaint said performers engaged in “acts of simulated sexual activity, and lewd, vulgar, and indecent displays” that included:

  • Performers forcibly penetrating or rubbing exposed prosthetic female breasts against faces of audience members
  • Intentionally exposing performers’ prosthetic female breasts and genitalia to the audience
  • Intentionally exposing performers’ buttocks to the audience
  • Simulating masturbation through performers’ digitally penetrating prosthetic female genital
  • Graphic depictions of childbirth and/or abortion

Hyatt Regency Miami is allowed to keep selling alcohol until the department makes a final decision. The business has 21 days to request a hearing, Beth Pannell, spokeswoman for the department, told Insider.

Regulators had warned the facility to change how it marketed the show before it went live, according to a copy of the letter included in the complaint. The letter accused the marketers of putting on a performance that constitutes “public nuisances, lewd activity, and disorderly conduct” when minors are present.

News of this latest action was first reported by far-right conservative internet based outlet Florida’s Voice.

As more and more Republican states target drag shows, in just the past few weeks, Tennessee became the first to ban adult performances, including drag, from public spaces such as parks and schools. 

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U.S. Military/Pentagon

New VA mission statement recognizes commitment to all veterans

‘To fulfill [Lincoln’s] promise to care for those who have served in our nation’s military & for their families, caregivers, & survivors’

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VA Secretary Denis McDonough. (Screenshot/YouTube)

In a speech delivered Thursday at the Women in Military Service for America Memorial (WIMSA), located at the main entrance to Arlington National Cemetery in suburban Virginia, VA Secretary Denis McDonough announced the Department of Veterans Affairs has issued an updated version of its 1959 mission statement.

The new mission statement is: “To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors.”

As the VA secretary commenced his remarks, he honored several notable women in the audience including Brenda S. “Sue” Fulton, the assistant secretary of veterans affairs for public and intergovernmental affairs.

Fulton, is a 1980 graduate of the United States Military Academy at West Point, N.Y., which was the Academy’s first class to admit women. She is an out lesbian and served as a founding board member of Knights Out, the organization of LGBTQ West Point graduates, and later worked with OutServe, the association of actively-serving LGBTQ military members and SPARTA, an LGBTQ military group advocating for transgender military service.

“Whenever any veteran, family member, caregiver, or survivor walks by a VA facility, we want them to see themselves in the mission statement on the outside of the building,” said Secretary McDonough. “We are here to serve all veterans, their families, caregivers and survivors — and now, our mission statement reflects exactly that.”

In crafting the new mission statement, VA surveyed roughly 30,000 Veterans. Among veterans surveyed, the new version of VA’s mission statement was chosen over the current version by every age group; by men and by women; by LGBTQ+ veterans; and by white, Black/African American, Hispanic/Latino, Asian and American Indian/Alaska Native Veterans.

In addition to two rounds of surveys, VA conducted dozens of small-group engagements with veterans to understand what was most important to them in a VA mission statement, then incorporated that feedback into quantitative research. The new mission statement reflects that VA serves all of the heroes who have served our country, regardless of their race, gender, background, sexual orientation, religion, zip code or identity.

The previous mission statement was: “To fulfill President Lincoln’s promise ‘to care for him who shall have borne the battle, and for his widow, and his orphan’ by serving and honoring the men and women who are America’s veterans.” The previous mission statement is posted in roughly 50 percent of VA’s facilities. Over the coming months, VA’s new mission statement will replace the previous version.

VA announces new mission statement, recognizing sacred commitment to serve all who served:

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