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Russian LGBT rights record overshadows Olympics

14 activists arrested before opening ceremony

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GetEQUAL, Russia, Vladimir Putin, gay news, Washington Blade

Members of GetEQUAL on Feb. 9 protested outside the Russian embassy in Northwest D.C. (Photo courtesy of Cathy Kristofferson)

The 2014 Winter Olympics officially opened on Feb. 7 amid outrage over the arrest of 14 Russian LGBT rights advocates earlier in the day.

Police arrested 10 activists near Moscowā€™s Red Square who held rainbow and Russian flags as they sung the Russian national anthem just before the games opened in Sochi.

Elena Kostynchenko, who is among those taken into custody, told the Washington Blade during a telephone interview from Moscow on Feb. 8 that officers beat one activist and choked another once they arrived at a local police station.

She said authorities also threatened to sexually assault her and another female advocate. Kostynchenko told the Blade officers also made lewd comments about her body and spit in her face before her release.

ā€œThey didnā€™t care about anything,ā€ said Kostynchenko.

St. Petersburg police earlier on Feb. 7 arrested Anastasia Smirnova and three other Russian LGBT rights advocates as they marched with a banner that read ā€œdiscrimination is incompatible with the Olympic movement. Principle 6. Olympic charterā€ in reference to a campaign in support of adding sexual orientation to the Olympic charter.

Smirnova appeared on a U.N. panel in December that commemorated the 65th anniversary of the ratification of the Universal Declaration of Human Rights. She later took part in a Capitol Hill briefing on Russia’s LGBT rights record.

Smirnova told the Blade she and the three other activists faced additional harassment after St. Petersburg officials released them from custody on Feb. 7. She said it took them three hours before local police officers and other authorities allowed them to retrieve their car that had been towed.

ā€œWe are sorry to learn of the detention of activists in Russia for making political statements,ā€ Aaron Jensen, a spokesperson for the Bureau of Democracy, Human Rights and Labor at the State Department, told the Blade after Russian police arrested Smirnova and the other LGBT rights advocates in St. Petersburg and Moscow. ā€œThis is an example of the disturbing trend in the Russian Federation of legislation, prosecutions, and government actions aimed at suppressing dissent and groups that advocate for human rights and government accountability.ā€

Florida Congresswoman Ileana Ros-Lehtinen is among those who also criticized the activistsā€™ arrest.

ā€œTonightā€™s about solidarity,ā€ said Ty Cobb, director of global engagement for the Human Rights Campaign, as he read an e-mail from Smirnova during an opening ceremony watch party his organization co-hosted with Team D.C., Capital Pride and Gays and Lesbians in Foreign Affairs Agencies and Pride House International that benefitted the Russian LGBT Sports Federation. ā€œLet them know we stand in solidarity with them.ā€

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Advocates showed their support for LGBT Russians in Berlin on Feb. 11. (Photo courtesy of David Ehinger)

Activists in New York, Philadelphia and nearly 40 other cities around the world held similar events during the opening ceremony. A handful of activists gathered outside the Russian embassy in Northwest D.C. on Feb. 9 to protest the Kremlinā€™s gay rights record.

Russian President Vladimir Putin told ABC Newsā€™ George Stephanopoulos last month those who protest his governmentā€™s LGBT rights record during the Olympics would not face prosecution under the countryā€™s controversial law that bans gay propaganda to minors. The International Olympic Committee has repeatedly said it has received assurances from the Kremlin that gays and lesbians will not suffer discrimination during the games that are taking place in the Black Sea resort city of Sochi.

The Bladeā€™s attempts to reach the Russian government for comment on the arrests were unsuccessful.

ā€œWe understand that the protesters were quickly released,ā€ said IOC spokesperson Sandrine Tonge on Feb. 9. ā€œAs in many countries in the world, in Russia, you need permission before staging a protest. I understand this was the reason that they were temporarily detained.ā€

IOC President Thomas Bach said during his speech at the opening ceremony that people should ā€œhave the courage to address your disagreements in a peacefulā€ way and ā€œnot on the backs of these athletes.ā€

ā€œOlympic games are always about building bridges about bringing people together,ā€ he said before he and Putin officially opened the games. ā€œPlease respect the Olympic message of good will, of tolerance, of excellence, of peace.ā€

Bach also said it is possible for competitors ā€œto live together under one roof in harmony, with tolerance and without any form of discrimination for whatever reason.ā€ NBC omitted this portion of the speech from its broadcast of the opening ceremony.

Hudson Taylor, founder of Athlete Ally, spent several days in Sochi highlighting the campaign in support of adding sexual orientation to Principle 6 of the Olympic charter.

David Pichler, a gay U.S. diver who competed in the 1996 Summer Olympics and 2000 Summer Olympics in Atlanta and Sydney, told the Blade during a telephone interview from Sochi on Feb. 9 that he had not seen any athletes publicly speak out in support of LGBT rights. Gay figure skater Brian Boitano, lesbian hockey player Caitlin Cahow and former Secretary of Homeland Secretary Janet Napolitano are among the members of the U.S. Olympic delegation to the games.

ā€œWe havenā€™t been to a lot of the different games where somebody might try to flash a symbol,ā€ said Pichler, who was in the Olympic host city with Shawn Gaylord and Mary Elizabeth Margolis of Human Rights First. ā€œI imagine we would have heard if there had been something like that.ā€

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From left: Mary Elizabeth Margolis and Shawn Gaylord of Human Rights First and Olympian David Pichler in front of the Olympic torch in Sochi, Russia. (Photo courtesy of Human Rights First)

The group visited a gay nightclub on Feb. 8 where they met with Andrei Ozyorny, a 24-year-old man who wrote to Sochi Mayor Anatony Pakhomov last month after he said there are no gay people in the city. Pichler, Gaylord and Margolis met with Smirnova and two other Russian LGBT rights advocates in St. Petersburg on Feb. 6 ā€“ one day before police arrested her and three other activists.

Pichler noted to the Blade an anti-LGBT protest took place in Sochi before the games officially opened.

ā€œ[It] is kind of contradictory of the standards of the protest zone and everything that was set up,ā€ he said. ā€œThere was not anything negative or any type of action taken on them.ā€

LGBT rights advocates continue to target Coca-Cola and other Olympic sponsors for not criticizing Russiaā€™s LGBT rights record ā€“ HRC served Coke and other Coca-Cola products during its opening ceremony watch party in D.C. Queer Nation NY on Feb. 10 criticized lesbian speed skater Ireen Wust after she said she had a ā€œcuddleā€ with Putin after winning a gold medal for the Netherlands.

ā€œThe Olympic athletes have said that they will not make political statements during the Games yet that is exactly what Ireen Wust did,ā€ said Queer Nation NY member Duncan Osborne. ā€œBy embracing Vladimir Putin, a man who has trampled on the human rights of LGBT Russians, political dissidents, artists, undocumented immigrants, and others in Russia, Wust has endorsed his fascist agenda.ā€

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.Ā Ā 

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.SĀ imposed visa restrictionsĀ on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announcedĀ the suspension of new loansĀ to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act ā€œfurther increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.ā€ The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law.Ā 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.

Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography.Ā 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.Ā 

ā€œApplying rational-basis review, the age-verification requirement is rationally related to the governmentā€™s legitimate interest in preventing minorsā€™ access to pornography,ā€ the three judge panel of the 5th Circuit explained. ā€œTherefore, the age-verification requirement does not violate the First Amendment.ā€

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower courtā€™s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements. 

Texas users are greeted with this notice.

The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as ā€œineffective, haphazard, and dangerous.ā€ The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.

Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.

The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMVā€™s Wallet app, which contains a mobile driverā€™s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateā€™s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driverā€™s licenses or other methods.

The Associated Press reported this past October that an adult entertainment groupā€™s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.

Texas users are greeted with this notice.

Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.

ā€œAs you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.ā€

ā€œMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā€ the statement continues. ā€œAs weā€™ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā€

ā€œUntil a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]ā€ the message ends with.

The company previously blocked Utah on May 7, 2023. CNN reported at the time:

Affected users are shown a message expressing opposition toĀ Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.

ā€œAs you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,ā€ the message said. ā€œWhile safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.ā€

Courthouse News reportedĀ that after Virginiaā€™s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.Ā Ā 

ā€œWe passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,ā€Ā Lucas saidĀ on X, formerly Twitter. ā€œWe will continue our work to keep pornography out of the hands of minors ā€¦ but we will also work to ensure that this Governorā€™s error does not put the privacy of Virginians at further risk.ā€

Beyond the U.S. in the European Union, Pornhub and two more of the worldā€™s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUā€™s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as ā€œvery large online platformsā€ subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EUā€™s executive branch.

They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.

In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

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