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Penal Code 377: The bane of Bangladesh’s LGBTQI population

Lawmakers must repeal colonial-era sodomy law

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Penal Code 377 criminalizes consensual same-sex sexual acts in Bangladesh. (Photo courtesy of Riaz Osmani)

Penal Code 377 criminalizes consensual same-sex sexual acts in Bangladesh. (Photo courtesy of Riaz Osmani)

According to surveys, 5 to 10 percent of the world’s population belong to the LGBTQI category (lesbian, gay, bisexual, transgender, queer, intersex.) The first two feel sexual and emotional attraction towards people of the same gender, not the opposite as is the social norm. Bangladesh is no exception to this and there are numerous such people who live clandestine lives, away from the limelight of family, friends and society. Many of them live double lives by entering sham marriages with the opposite gender to save face with family and society. Such marriages do irreparable damage to both parties involved since they are not based on love or intimacy.

After the murder of gay rights activist Xulhaz and gay cultural activist Tonoy by Islamic militants earlier this year, gays in Bangladesh are now in hiding, fearful of their lives. Those who are able to are leaving the country. This is a sorry state of affairs and needs to change soon. First thing to aid this change will be a bit of education. People never choose their sexuality. Homosexuals are born with their sexuality that they discover after puberty in the same way heterosexuals do. Nobody makes this choice. There is no choice here. Moreover, it is never possible for someone to change their sexuality. This means a gay person cannot be turned straight (heterosexual) by any means. Likewise, a heterosexual person cannot be turned gay (homosexual) by any means. Young boys and girls cannot be influenced by other homosexuals to become gay. Nobody becomes gay upon puberty. The sexuality is determined at a much earlier stage.

The American Psychological Association, along with other equivalents in the Western world and in India, have long ago determined that homosexuality is in no way a mental disorder or illness. It is a perfectly normal sexual orientation or expression for a small percentage of the world’s population. Any attempt at changing this through therapy, religious teachings, physical and mental abuse have proven totally ineffective and have often led to depression and suicidal tendencies among those being tried to be converted. The Western world has finally come to terms with these realities and has removed all laws that make criminals out of homosexuals, discriminate against them and prevent them from marrying the person they love.

It is high time that Bangladesh repeal laws in the country that make criminals out of her LGBTQI population. Interestingly enough, the main item of Bangladesh’s penal code that is used to maintain this criminality was not necessarily intended for that purpose. This item is the Victorian-era Penal Code 377 that Bangladesh (along with India, Pakistan and other former British colonies) inherited as independent nations. This code states the following: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Victorians had strange notions about sexual behavior and this code was instituted throughout their empire to prevent any sexual act by any two people (or a person and an animal) that did not result in human procreation. This meant that if a man and woman engaged in various sexual acts other than that which resulted in procreation, they would be deemed as criminals. This also meant that any sexual acts by homosexuals were criminal offenses. But the second one was an unintended consequence. The main purpose was to make sure all sexual activity was for the purpose of procreation.

There is no point in blaming the British for this ridiculous legal intrusion into people’s personal affairs today. We have been independent long enough to take care of our own affairs and the British have long removed their equivalent from their statute books. According to the Bangladesh Constitution, “all citizens are equal before law and are entitled to equal protection of law . . . The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth . . .” As has been done in the legal challenge to 377 in India, the clause above needs to include sexual orientation. I am asking for such a legal challenge to Bangladesh’s 377 since it violates the spirit of the country’s constitution. Under no circumstances must gays in Bangladesh be automatically deemed criminals by virtue of 377.

In the current climate where Islamic militants are openly killing homosexuals and have advocated more such killings on the internet, it is not possible for a fearful person to seek police protection if under threat for being a homosexual. The said person is liable to face police arrest and/or harassment and possibly rape. Removal of this ghastly legal absurdity will at least allow room for gays in Bangladesh to seek protection.

This brings me on to my next point and that is the role of religion (Islam in particular) in public life. The gay rights movement in Bangladesh will hit a brick wall (if it hasn’t already) as long as the politicians, civil society members and most importantly the religious community invoke Islam as the main barrier to repealing Penal Code 377 and granting homosexuals equal status in the eyes of the law. While most Muslims and people of other faiths steadfastly maintain that their faith is absolutely against homosexuals and that the latter deserves to be persecuted, most will draw blanks if asked to quote actual references from scriptures that promote this point of view.

The quote often given is that of the story of Lut (Lot) in the Quran and Bible where God supposedly destroyed a town for sodomy (i.e. homosexual acts.) This is the only thing that is attributed to attitudes towards homosexuals. There is however a debate about the meaning of the story. Some researchers of Islam in the west have argued that this story did not have anything to do with consensual sexual acts between two adult homosexuals but was about male rape. I will not venture into this argument because from my point of view, it belongs in religious academia, not in a country’s legal system, especially a system that has been defined by common law.

Moreover, since Bangladesh is a secular country (although in name only) where people of different faiths enjoy equal status (except for the anomaly of Islam still being the state religion,) there must be room for people of no faith or homosexuals who may or may not subscribe any faith. As long as Bangladesh is not an Islamic republic, religious beliefs cannot be used to criminalise, marginalise and persecute homosexuals. While social acceptance may come at a much later date, the country’s politicians and lawyers must have the foresight and courage to change the laws ahead of such social acceptance. Sodomy laws in the West were repealed much earlier than their societies were willing to accept homosexuals as equals.

Bangladesh will not be the first Muslim majority country to remove laws that criminalize homosexuals. Other such countries are Turkey, Mali, Albania, Bahrain, Jordan, Iraq, Palestine (the West Bank only) and Indonesia (minus Aceh.) It is noteworthy that none of these countries were directly colonized by the British and hence did not inherit the Victorian penal code. But as I have already mentioned, our own countries are our own affairs and it is about time we correct this inhuman state regarding the status of the LGBTQI population. The civil society must also be on full guard not to allow Bangladesh to be turned into an Islamic republic.

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Commentary

I am a proud Jewish, gay man

My heart breaks for the two Israeli diplomats killed on the streets of D.C.

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Bet Mishpachah members march at the Second National March on Washington for Lesbian and Gay Rights, Oct. 11, 1987. (Photo courtesy of Lillian and Albert Small Capital Jewish Museum Collection. Gift of Bet Mishpachah with thanks to Joel Wind and Al Munzer)

Antisemitism, racism, and Islamophobia, are terrible things to have to deal with, and we must all always speak out and reject them. But the reality is, as a proud, Jewish, gay man, living in Washington, D.C. today, I am more afraid of Donald ‘felon’ Trump, his Nazi sympathizing co-president Elon Musk, his own Joseph Goebbels, Stephen Miller; and his Cabinet flunkies like Homeland Security’s Kristi Noem and State Department’s Marco Rubio, than I am of any legal college demonstration. Mind you, I say legal.

We live in a world where Trump has made all kinds of outrageous behavior acceptable. He has dined with white nationalists, said there are fine people on both sides in his first comments when the Charlottesville riots occurred. Today, Trump sits with terrorists in Qatar, accepting a plane as a bribe, and negotiates with terrorists like Hamas. This is the world Donald Trump has created. That is what I fear the most. It is a world where Donald Trump has made it acceptable for racists, homophobes, sexists, antisemites, and Islamophobes to spout their hate in the public square.

This past year I published my memoir, and wrote about being a first generation American. My parents came here to escape the Nazis — my father from Germany, and my mother from Austria. My father joined the American Army and went back to fight the Germans. His parents were gassed in Auschwitz. I understood from them and their friends, what antisemitism was. But I grew up in a Jewish community in New York City, and as I wrote in my book, never felt any of it myself until I was 13 on a trip through the Midwest and was called a ‘Kike’ and had to ask someone what that meant.

As to being gay, I knew I was, even though I didn’t understand it, when I was 12. I could, and did hide that, until I was 34. I then came out in D.C., which turned out to be an easy place to come out. But it was near the beginning of the HIV/AIDS epidemic, and that made you very careful. You were told not to have your insurance company pay for a blood test, so God forbid, people would think you were gay, or worse if you did test positive. There was rampant discrimination and fear regarding HIV/AIDS at the time. I know I lost at least two jobs because I was gay, yet luckily, neither of those impacted my career in the long run. I became a gay activist, fought for my community, and things got better. I had worked for Rep. Bella Abzug (D-N.Y.), sponsor of the first Equality Act, before I came out, and met many gay people who were very supportive and became lifelong friends.

Today, Donald Trump, literally through his actions, threatens the lives of trans persons. While we are celebrating WorldPride in D.C., which as a city is a very welcoming place for the LGBTQ community, countries around the globe have told their citizens to be on alert if they come here. The United States is on their watch list for unsafe travel because of Trump’s actions.

When Donald Trump was elected the first time, his racism, homophobia, sexism, and Islamophobia immediately came to the fore. It had a negative impact on the culture in our country. It actually changed the culture, and that, and he, have only gotten worse over time. Today, Trump and his MAGA minions, are truly frightening. Again, trans people are afraid and antisemitism and Islamophobia are rampant in our nation.

Trump tries to blame it on some foreign students, but reality is, it is his doing. He and his MAGA cult. They are the ones I fear, not a graduate student at Columbia who supports Palestinians. It is the Netanyahu government in Israel that is making things worse. Yes, Hamas must be defeated as they promote genocide against the Jewish people in Israel. But the Israeli government starving millions of Palestinian people in Gaza, who are not Hamas, is not helping anyone. It simply creates more antisemitism. Trump going back and forth on his support of Netanyahu, and then saying he wants to displace every Palestinian from their home in Gaza to build a resort, creates more antisemitism. Trump is the guilty one, not the Columbia student who speaks out for his Palestinian family.

Where this will end, I do not know. But my heart breaks for the two innocent Israeli diplomats recently killed on the streets of D.C. by a terrorist who basically was given permission to act out by what Trump is doing in the world. What he did was vile, and he should end up in jail for the rest of his life. Everyone needs to speak out every day, and say antisemitism is unacceptable, and must be stopped. I never want to see Germany in 1939 replicated here. But that is what Trump and his MAGA cult are doing. They threaten everyone who they disagree with, and seek vengeance for suspected slights. They are literally trying to destroy our democracy. By what they are doing they give the terrorist who ended the lives of that beautiful young Jewish couple in D.C., implicit permission to act. Because if a president can act like a criminal, why can’t he?

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‘A New Alliance for a New Millenium, 2003-2020’

Revisiting the history of gay Pride in Washington

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A scene from the 2001 Capital Pride Festival. (Washington Blade archive photo by Clint Steib)

In conjunction with WorldPride 2025, the Rainbow History Project is creating an exhibit on the evolution of Pride: “Pickets, Protests, and Parades: The History of Gay Pride in Washington.” It will be on Freedom Plaza from May 17-July 7. This is the ninth in a series of 10 articles that share the research themes and invite public participation. In “A New Alliance for a New Millenium” we discuss how Whitman-Walker’s stewardship of Pride led to the creation of the Capital Pride Alliance and how the 1960s demands of the Mattachine Society of Washington were seen as major victories under the Obama administration.

This section of the exhibit explores how the Whitman-Walker Clinic, a cornerstone of the community since the 1970s, stepped up to rescue Pride from a serious financial crisis. The Clinic not only stabilized Pride but also helped it expand, guiding the festival through its 30th anniversary and cementing its role as a unifying force for the city’s LGBTQ population. As Whitman-Walker shifted its focus to primary healthcare, rebranding as Whitman-Walker Health, a new era began with the formation of the Capital Pride Alliance (CPA). Born from the volunteers and community partners who had kept Pride going, CPA took the reins and transformed Capital Pride into one of the largest free LGBTQ festivals in the country. Under CPA’s stewardship, the festival grew to attract hundreds of thousands, with multi-day celebrations, headline performers, and a vibrant parade. 

This period saw Pride become a true cross-section of the community, as former Capital Pride Alliance executive director Dyana Mason recalled: “It was wonderfully diverse and had a true cross section of our community… Everybody was there and just being themselves.” The festival’s expansion created space for more people to find a sense of belonging and affirmation. This growth was made possible through the support of sponsors, volunteers, and a city eager to celebrate-but it also sparked ongoing debates about the role of corporate funding and the meaning of Pride in a changing world.

National politics are woven throughout this era. In a powerful moment of recognition, Frank Kameny — the architect of D.C.’s first White House picket for gay rights and a founder of the Mattachine Society — was invited to the White House in 2009. There, President Obama and the U.S. government formally apologized for Kameny’s firing from federal service in 1957, a symbolic act that echoed the earliest demands of DC’s own Mattachine Society, the city’s first gay civil rights organization founded in 1961. The 2009 National Equality March revived the spirit of earlier mass mobilizations, linking LGBTQ rights to broader movements for social justice. The 2010s brought landmark victories: “Don’t Ask, Don’t Tell” was repealed, marriage equality became law. These wins suggested decades of protest had borne fruit, yet new generations continued to debate the meaning of true liberation and inclusion.

Our exhibit examines how the political edge of Pride has softened as the event has grown. As the festival expanded in scale and visibility, the focus on protest and activism has sometimes faded into the background, even as new challenges and divisions have emerged. Some voices have called for a return to Pride’s more radical roots. The 2017 Equality March for Unity and Pride drew 80,000 people to D.C., centering intersectional struggles — police violence, immigrant rights, trans inclusion — and exposing the widening rift between mainstream LGBTQ progress and the lived realities of the most vulnerable. The question remains: Are LGBTQ officers marching in uniform a sign of progress or a painful reminder of Pride’s roots in resistance to state violence? During Capital Pride 2017, activists blocked the parade, targeting floats sponsored by corporations linked to weapons manufacturing, pipeline financing, and other forms of oppression. 

As we prepare for WorldPride and the anniversaries of D.C.’s first Gay Pride Day Block Party and the White House picket, the Rainbow History Project invites you to experience this living history at Freedom Plaza. Through archival images and the voices of organizers and participants, you’ll discover how Pride in DC has been shaped by resilience, reinvention, and the ongoing struggle to ensure every voice is heard. 


Zoey O’Donnell is a member of the Rainbow History Project. Vincent Slatt is RHP’s senior curator. 

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A conversation about queers and class

As a barback, I see our community’s elitism up close

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(Washington Blade photo by Michael Key)

In the bar, on the way to its now-Instafamous bathrooms, there’s a sign that reads, “queer & trans liberation means economic justice for all.” 

I remember seeing that sign the first week the bar opened, and ever since I often find myself reflecting on that message. I stand fully in agreement. That’s why laws protecting queers in the workplace are essential, for far too often we are targeted otherwise. It’s also why I love working at the bar, since it provides opportunities for queers from all over the spectrum to earn a living. At a time when I gave myself space to pursue art, it was the bar that enabled me to do so. 

It’s one thing to support the LGBTQ community in spirit, but that spirit means jack in a capitalist society if viable economic opportunities don’t exist. Speaking of jack, there’s a fellow barback named Jack who I fangirl over often. Jack is a decade younger than me, but damn I wish I had his sex appeal at his age (or any age, for that matter). He also has a mustache that easily puts mine to shame. 

Jack not only agrees but took things one step further. “Economic inequality IS a queer issue,” he told me, “especially as we move into the most uncertain period of American politics I have ever lived through, it is apparent our identity is now a fireable offense.” 

Uncertain is right. We’re fresh off the heels of a trade bonanza, one caused for literally no reason by our current commander in chief. Yet there emerged a strange division when discussing the trade war’s “unintended” consequences. For working class comrades like Jack and myself, we’re stressed about increasing prices in an already tough economy. But the wealthier echelons of our country had something else on their mind: the spiraling stock market. This alone highlights the story of our economic divide, where the same event produces two separate concerns for two distinct classes.  

This is not to say the stock market is not important, but sometimes the media forget many Americans don’t own stock at all, including a vast majority of people between 18 and 29. In fact, according to Axios, the wealthiest 10 percent of Americans own 93 percent of the entire stock market, with the richest 1 percent holding $25 trillion — that’s right, trillion with a “t” — in market value. So, when the president reversed course on trade, it was less about high prices hurting everyday Americans and more about the dent created in the wealth of the wealthiest. And I’ll admit: that bothers me a lot. 

If there is any takeaway from Trump’s trade war, it should be this: Economic inequality is the highest it has been in decades and, if left unchecked, will destroy the fabric of our country. We are steadily moving toward oligarchy status—if we’re not there already, that is—and it seems to grow worse with each passing year and administration. But in a city of D.C. gays who often skew corporate, I wonder: Are we all on the same page here? 

After becoming a barback, I have my doubts. From questions about what else I do, to comments encouraging me to work hard so that I can be a bartender one day, I quickly learned the gay world is not too fond of barbacking. Barebacking, sure, but not barbacking. And hey, I get it—we’re not the alcohol hookup at the bar. Still, we are part of the service industry, and while some people are incredibly kind, you’d be surprised at how many turn up their noses at us, too. 

Recently, I’ve come to realize my class defines me as much as my orientation does, if not more. Naturally, when you come from a rough neck of the woods like I do, it’s easy to feel out of place in a flashy city like D.C., which Jack noticed, too. “Anyone from a working class background could testify to that,” he said. “I don’t really know anyone from true upper class backgrounds, but I’d imagine their experience is one that leans into assimilation.”

Assimilation is a key word here, for admittedly gays love to play with the elite. Often, we don’t have children, meaning more money for the finer things in life, but that also means we may not think about future generations much, either. I’ve written before that our insecurity growing up has us ready to show the world just how powerful gays can be—power that comes in trips to Coachella and Puerto Vallarta, or basking in the lavish houses and toys we own. There’s already a joke that gays run the government, and corporate gays kick ass at their jobs as well. So, given the choice between fighting inequality and keeping a high-paying job, I must admit I have a hard time seeing where D.C. gays stand. 

Admittedly, it worked out in our favor before, given that many corporations catered to our economic prowess over the years. But look at what’s happening now: Many corporations have kicked us to the curb. Protections are being stripped from queers, particularly for our trans brothers and sisters. Law firms are bowing down to Trump, offering hundreds of millions in legal fees just for their bottom line. All of this will hurt both queers and the working class in the long run, so again I ask: Corporate gays, where do you stand? Because if you remain complicit, that’s bad news for us all. 

I don’t want to sound accusatory, and I hate being a doomsday type, so allow me to end this on a better note. Strength is not about celebrating when times are good. Arguably, true strength emerges when times get tough. These are tough times, my friends, but that also makes now the perfect opportunity to show the world just how strong we are. 

At a time when the world is pressuring us to turn our backs on each other, we must defy them to show up when it counts. Corporate gays—now more than ever, at a time when the economy is turning its back on queers, we need you. We need you to stand up for the queer community. We need you to make sure no one gets left behind. We need you to show up for us, so that we can show up for you, too. 

Ten years ago, the economy didn’t turn queer out of nowhere. The economy turned queer because we made it turn queer. 

And if we did it once, surely we can do it again. 


Jake Stewart is a D.C.-based writer and barback.

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