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When ‘free’ isn’t really free

Juneteenth marks the 165th anniversary of emancipation

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David J. Johns

David J. Johns is executive director of the National Black Justice Coalition, nbjc.org. (Photo courtesy NBJC)

“Until all of us are free, none of us are free.” You will seldom hear me speak without noting this fact, but the truth is, it has historical context.

You see, slavery was formally abolished Jan. 31,1865 with the passing of the 13th Amendment, but it was not until June 19, 1865 — almost five months later — that this news reached slaves in the state of Texas, thus beginning the emancipation of enslaved Black people throughout the South. 

Fast forward 165 years to present day America, many in this country continue to keep Black people in bondage, and this is compounded if you are Black AND lesbian, gay, bisexual, transgender, or queer/same gender loving (LGBTQ/SGL). 

With each passing day our news tickers seem to report incidents of breakdowns in race relations, really everyday interactions where the humanity of Black people is disregarded or called into question, bringing forth the realization that what our ancestors hoped was settled more than a century ago is still hotly contested today. 

Take Roseanne Barr’s recent racially charged tweets about Valerie Jarrett (former senior adviser to President Obama), which led to the cancellation of the “Roseanne” sitcom reboot. It is baffling that we live at a time when anyone would think it acceptable to publicly refer to someone — an accomplished and well-respected Black woman at that — as “muslim brotherhood & planet of the apes.” 

In today’s political climate, supporters of President Trump like Barr flex their free license to carry their racism, stigma and bias proudly while blatantly, and in their own minds justifiably, violating basic human rights —  especially of those individuals who live at the intersection of being Black and LGBTQ/SGL. As if the fight for racial equality was not enough, now the fight for sexual-oriented freedoms makes it even more of an uphill battle for individuals in our community. 

Individuals like Anthony Wall, the 22-year-old Black gay man who was assaulted by police in May at a Warsaw, N.C., Waffle House — one of too many acts of violence by police against young Black men that we have seen recently. Wall was placed in a chokehold and slammed against the concrete by an arresting officer following an incident in which a Waffle House employee hurled racist and homophobic comments at Wall! 

Wall’s incident happened just weeks after Chikesia Clemmons was violently arrested and exposed by police officers at a Waffle House in Alabama after being charged for plasticware – a fee none of her fellow white patrons were assessed. And in the past week, another instance of racial bias, at a Florida Waffle House this time, that led to the unwarranted and unnecessary arrest of a Black couple was brought to light.

Despite what can now be reasonably deemed as a trend within the popular southern food chain, the corporation’s leadership refuses to denounce the egregious behavior of its employees, therefore, enabling their racially discriminatory practices, reflective of those seen in the Jim Crow south. 

Yet and still, over Memorial Day weekend, Deja Smith, a Black transgender woman and celebrity makeup artist, was denied service at a Texas Chicken and Burgers restaurant in Harlem, New York — a community that despite aggressive gentrification remains Black in occupants and culture. While we are fortunate to have evidence of onlookers and patrons affirming the discrimination that Ms. Smith and her colleagues experienced, I find it beyond frustrating that far too often we see tepid public demonstrations of support for the Black trans – community — and often, it is only in instances in which Black trans women are murdered.  We rarely see support provided during day-to-day injustices that challenge the core of one’s lived experiences. 

How unfortunate that in the same month that we celebrate both LGBTQ Pride and the emancipation of slaves in the South, we also witnessed the sanctioning of legal discrimination by the Supreme Court with its decision in the Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission case — a decision that can make the aforementioned offenses OK.  

The irony that businesses like the Waffle House chain, which already has a record of discrimination resulting in unwarranted arrests of Black people, while the Supreme Court was deciding if businesses have the right to discriminate on the grounds of religion cannot be missed.  

Juneteenth is a day that we should be celebrating freedom and access to basic civil liberties for all, but unfortunately, that is not something we are all afforded. We have much more work to do to improve cultural competence in ways that make space for every member of the Black and LGBTQ communities. And while we work to challenge and change systems and laws, it is important that allies speak up and out against every day acts of discrimination and injustice experienced by the members of our communities that are most marginalized and too often rendered invisible.  

After all, the Emancipation Proclamation states that “the Executive Government of the United States, including the military and naval authority thereof, [must] recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons … in any efforts they may make for their actual freedom.”

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Commentary

Celebrate Pride in Lost River, a slice of rural heaven

West Virginia LGBTQ getaway hosts events June 12-14

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(Washington Blade photo by Michael Key)

“Country roads, take me home, to the place I belong, West Virginia …” Those immortal lyrics describe one of the best-kept secrets for LGBTQ Washingtonians: Lost River, W.Va.

Less than 2.5 hours from the D.C. metro area, Lost River, in Hardy County, W.Va., is a haven for LGBTQ Mountaineers and our nearby city neighbors. From queer-owned businesses and artwork to a vibrant community of LGBTQ residents, Lost River has been a destination for LGBTQ visitors seeking a mountain getaway for nearly 50 years. For some, our rural community has become home for those who want to trade city life for country living.

Because Lost River welcomes all, we celebrate Pride each year in our slice of heaven.

Lost River Pride Weekend will be held June 12–14, the weekend prior to Capital Pride. If you haven’t been, our Pride is a little different from the urban Pride events most people are used to. In Lost River, forget the multinational corporate sponsors. Instead, think about local talent, grassroots community organizations, and our version of patriotism on full display. Most of all, we welcome people from all walks of life to live authentically as themselves, regardless of where they come from, how they think, or how they love. We truly welcome everyone.

Coincidentally, Lost River Pride Weekend is being held on President Trump’s birthday weekend, including a variety of traffic-jamming events in the D.C. area and the upcoming fight on the White House lawn. Why not come visit Lost River for the day or the weekend (we have some wonderful places to stay) and get a taste of West Virginia living?

While our town has only about 500 people at any given time, we swell to over twice that during Pride weekend. Friday evening includes an intimate cabaret at the Inn at Lost River (whose general store is on the National Register of Historic Places). Our centerpiece, the Lost River Pride Festival, is hosted on Saturday at the local farmers market, followed by an afternoon drag pool performance and an evening performance by the world-renowned Tom Goss at the Guesthouse Lost River. Finally, we finish the weekend with a closing brunch at the Inn to reaffirm our Pride. In between events and throughout the weekend, visitors and locals indulge in local art, restaurants, and more.

We recognize that West Virginia isn’t always seen as welcoming to LGBTQ people. State law does not protect against discrimination based on sexual orientation or gender identity, and cultural stereotypes remain persistent. Additionally, trans girls are prohibited from participating in sports of their affirmed gender in schools. In a state considered one of the most conservative, it can be difficult to see progress.

However, our community exists to prove that progress is possible. In fact, due to the work of statewide groups such as Fairness WV, 21 municipalities have passed local ordinances prohibiting discrimination based on sexual orientation and gender identity, covering more than 13 percent of the West Virginian population. Last year, Lost River Pride sponsored the first-ever equal cash prize for the nonbinary category of the Lost River Classic, a local bike race held annually. There is hope in every corner of our community.

Recently, Lost River Pride was the only West Virginia contingent in the 2025 World Pride Parade, which was held during Capital Pride Weekend. I will always remember our rugged truck coming down 14th Street to a sea of diverse, friendly faces, while waving our state flag and hearing many voices singing “Country Roads” in every remix available (trust me, there are many).

Lost River Pride is one of only a handful of Pride organizations in West Virginia and one of the few structured as a nonprofit. We sponsor the only LGBTQ scholarship in Eastern West Virginia for a graduating senior from a local high school. Moreover, we provide monthly community programming and make frequent donations to local allied nonprofits, including the fire department, food pantry, and schools.

I encourage you to attend Lost River Pride Weekend, especially this year’s Lost River Pride Festival on Saturday, June 13, from 12-4 p.m., at the Lost River Farmers Market (1089 Mill Gap Road, Lost City, W.Va. 26810). Feel free to reach us at [email protected] or visit our website at lostriverpride.org for more information.


Tim Savoy is president of the board of directors of Lost River Pride.

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Commentary

How do you vote a child out of their future?

Students reportedly expelled from Eswatini schools over alleged same-sex relationships

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(Photo by Vladgrin via Bigstock)

There is something deeply unsettling about a society that turns a child’s future into a public referendum. In Eswatini, there were reports that students were expelled from school over alleged same-sex relationships, and that parents were invited to vote on whether those children should remain, forcing us to confront a difficult question on when did education stop being a right and become a favor granted by collective approval? Because this is a non-neutral vote.

A vote reflects power, prejudice and personal beliefs, which are often linked to tradition, culture, politics and religion. It is shaped by fear, by stigma, by long-standing narratives about morality and belonging. To ask parents, many of whom may already hold hostile views about LGBTIQ+ people, to decide the fate of children is not consultation. It is deferring the responsibility and repercussion. It is placing the lives of young people in the hands of those most likely to deny them protection.

And where is the law in all of this?

The Kingdom of Eswatini is not operating in a vacuum. It has a constitution that guarantees the promotion and protection of fundamental rights, including equality before the law, equal protection of the laws, and the right to dignity. The constitution further goes on to protect the rights of the child, including that a child shall not be subjected to abuse, torture or other cruel, inhuman and degrading treatment or punishment.  

The Children’s Protection and Welfare Act of 2012 extends the constitution and international human rights instruments, standards and protocols on the protection, welfare, care and maintenance of children in Eswatini. The Children’s Protection and Welfare Act of 2012 promotes nondiscrimination of any child in Eswatini and says that every child must have psychosocial and mental well-being and be protected from any form of harm. The acts of this very instance place the six students prone to harm and violence. The expulsion goes against one of the mandates of this act, which stipulates that access to education is fundamental to development, therefore, taking students out of school and denying them education contradicts the law.  

Eswatini is a signatory to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. These are not just commitments made to make our governments look good and appeasing. They are obligations. The Convention on the Rights of the Child is clear regarding all actions concerning children. The best interests of the child MUST be a primary consideration and NOT secondary one. According to the CRC, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” It is not something to be weighed against public discomfort and popularity.

The African Charter on the Rights and Welfare of the Child reinforces this, grounding rights in non-discrimination (Article 3), privacy (Article 10) and protection from all forms of torture (Article 16). Access to education (Article 11) within these frameworks is not conditional but is a foundational right. It is not something that can be taken away because a child is perceived as falling outside social norms and threatening the moral fabric of society. It is a foundational right and determines one’s ability to participate in civic actions with dignity.

So again, where is the law when children are being expelled?

It is tempting to say the law is silent but that would be too generous. The law is not silent rather, it is being ignored and bypassed in favor of systems of decision-making that make those in power comfortable. When schools and their leadership defer to parental votes rather than legal standards, they are not acting neutrally. Expelling a child from school because of allegations is not a decision to be taken lightly. It disrupts education and limits future opportunities and for children already navigating identity and social pressure, this kind of exclusion can have profound psychological effects. It isolates them. It marks them for potential harm. Imagine being a child whose future is discussed in a room where people debate your worth. That is exposure. That is harm. There is a tendency to justify these actions in the language of culture, tradition, religion and protecting social cohesion. But culture is not static and the practice of Ubuntu values is not an excuse to violate rights. If anything, the principle of Ubuntu demands the opposite of what is happening here.

Ubuntu is not about conformity. It is about recognition and is the understanding that our humanity is bound up in one another. That we are diminished when others are excluded. That care, dignity, respect and compassion are not optional extras but central to how we exist together. Where, then, is Ubuntu in a school where some children are deemed unworthy of access to education?

Why are those entrusted with protecting children are failing to do so?

There is a very loud contradiction at play. On one hand, there is a claim to shared values and to the importance of community. On the other hand, there is a willingness to isolate and exclude those who do not fit within the narrow definition of what is acceptable. You cannot have both. A community that thrives on exclusion is neither cohesive nor safe.

It is worth asking why these decisions are being made in this way. Why not follow the established legal processes? Why not ensure that any disciplinary action within schools aligns with national and international obligations? Why introduce a vote at all? The answer is uncomfortable and lies in legitimacy and accountability. A vote creates the appearance of a collective agreement. But again, I reiterate, it distributes responsibility across many hands, making it hard to hold anyone accountable. It allows the school leadership to say “lesi sincumo sebantfu”(“This is what the community decided, not me”) rather than confronting their own role in human rights violations. If the law is clear and rights, responsibilities and obligations are established, then the question is not what the community feels. The question is why those entrusted with protecting children are failing to do so.

There is also a deeper issue here about whose rights are seen as negotiable. When we talk about children, we often speak of care, of understanding, of protection and safeguarding them because they are the future. But that language becomes selective when it intersects with sexuality, particularly when it involves LGBTIQ+ identities. Suddenly, care, understanding, protection, and safeguarding give way to punishment.

Easy decisions are not always just ones.

If the kingdom is serious about its commitments under its constitution, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, then those commitments must be visible in practice, not just in policy documents. Rather, they must guide decision-making in schools and in communities. That means recognizing that a child’s right to education cannot be overridden by a show of hands. It means ensuring that schools remain spaces of inclusion rather than sites of moral policing. It means holding leaders and institutions accountable when they fail to protect those in their care.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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Adoption under suspicion

Italy and the US are two case studies

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The Coliseum in Rome on July 12, 2025. Italy is a case study of what can happen when the legal framework for adoption rights for same-sex couples is uncertain. (Washington Blade photo by Michael K. Lavers)

A right does not need to be banned to be restricted. Sometimes it only needs to be made uncertain.

That is what emerges from a closer examination of adoption access for same-sex couples across different countries. There is no broad legal rollback. What appears instead is a more subtle pattern: rights that remain on paper but become fragile, conditional, and uneven in practice.

Italy provides a clear example.

Since 2023, under the government of Giorgia Meloni, administrative decisions have limited the automatic recognition of both mothers in female same-sex couples, particularly in cases involving assisted reproduction abroad. In practice, many families have been forced into additional legal proceedings to validate relationships already established.

At the same time, Italy has intensified its opposition to surrogacy, extending penalties even to those who pursue it outside the country. Human rights organizations have warned that these measures disproportionately affect LGBTQ families, particularly male couples.

The judiciary, however, has pushed back.

In 2025, the Constitutional Court ruled that a non-biological mother cannot be excluded from legal recognition when there is a shared parental project. It also removed a long-standing restriction that prevented single individuals from accessing international adoption.

Italy has not eliminated these rights. But it has made them unstable.

When a right depends on litigation, judicial timelines, or shifting interpretations, it is no longer fully guaranteed.

In the United States, the structure differs, but the outcome converges.

At the federal level, same-sex couples can adopt. Yet the system varies widely across states.

Data from the Movement Advancement Project show that while some states explicitly prohibit discrimination in adoption, others provide no clear protections. In several states, licensed agencies can refuse to work with same-sex couples based on religious objections.

Access, therefore, is shaped not only by law, but by geography, institutions, and applied standards.

Research from the Williams Institute further complicates the narrative. Same-sex couples adopt and foster children at higher rates than different-sex couples.

The contradiction is clear.

Child welfare is invoked, yet the pool of available families is reduced. Faith is cited, yet it is used as a filter within publicly funded systems.

The consequences are tangible
children remain longer in care
processes become more complex
families face unequal scrutiny

What is happening in Italy and the United States is not isolated. Across parts of Europe, conservative governments have advanced legal frameworks that reinforce traditional definitions of family while limiting recognition of diverse ones.

Adoption is not always addressed directly. But the impact accumulates.

Options are restricted while the language of protection is used to justify it.

There is no need to soften it.

This is not only a debate about family models. It is a decision about who is recognized as family and who must continue asking for permission.

That is not neutral.

It is political.

And when a right depends on where you live, who evaluates you, or how hard you are willing to fight for it, that right is already being weakened.

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