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DOJ touts anti-LGBT views, task force at ‘religious freedom’ summit

Sessions accused of ‘undermining LGBTQ rights’

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Attorney General Jeff Sessions announced the creation of a Religious Liberty Task Force. (Washington Blade photo by Michael Key)

A summit at the U.S. Justice Department on Monday ostensibly intended to promote religious freedom, including the creation of a Religious Liberty Task Force, often highlighted efforts to enable anti-LGBT discrimination.

At the summit in the Justice Department’s Great Hall, U.S. Attorney General Jeff Sessions announced the creation of the task force to implement “religious freedom” guidance he issued last year.

“The task force will help the department fully implement our religious liberty guidance by ensuring that all Justice Department components — and we got a lot of components around the country — are upholding that guidance in the cases they bring and defend, the arguments they make in court, the policies and regulations they adopt and how we conduct our operations,” Sessions said.

According to the Justice Department, Sessions will serve as chair of the task force, which will be co-chaired by Acting Associate Attorney General Jesse Panuccio and Associate Attorney General for the Office of Legal Policy Beth Williams.

Sessions said a primary mission of the Religious Liberty Task Force will be ensuring Justice Department employees “know their duty is to accommodate people of faith.”

“This administration is animated by the same American view that has led us for 242 years that every American has a right to believe and worship and exercise their faith in the public square,” Sessions added.

The underlying guidance on which the task force is based seeks to allow individuals and businesses to act in the name of religious freedom — often used as an exercise for anti-LGBT discrimination — without fear of government reprisal. Nowhere in the guidance is there a limiting principle assuring the right to free exercise of religion should be an excuse to engage in anti-LGBT discrimination.

Announcing the new task force, Sessions referenced the Masterpiece Cakeshop case in which a Colorado baker was sued after he refused to make a custom-made wedding cake for a same-sex couple. The U.S. Supreme Court narrowly ruled in his favor based on the facts of his case, citing anti-religion sentiment on the Colorado Civil Rights Commission.

Sessions commended Phillips for having endured an “ordeal faced so gravely,” touting an amicus brief the Justice Department filed on his behalf before the Supreme Court. U.S. Solicitor General Noel Francisco also argued in favor of Phillips before justices in oral arguments.

“Let’s be frank: A dangerous movement, undetected by many, but real, is now challenging and eroding our great tradition of religious freedom,” Sessions said at the start of his remarks. “There can be no doubt, it’s no little matter. It must be confronted intellectually and politically, and defeated.”

LGBT rights supporters said in response to the creation of the Religious Liberty Task Force its purpose was to further the Trump administration’s goal of compromising LGBT rights.

Louise Melling, deputy legal director for the American Civil Liberties Union, said the agenda of the Religious Liberty Task Force “isn’t consistent with religious freedom.”

“Religious freedom protects our right to our beliefs, not a right to discriminate or harm others,” Melling said. “Jeff Session’s Department of Justice is again turning that understanding of religious freedom on its head.”

Lucas Acosta, director of LGBTQ media for the Democratic National Committee, said in a statement the task force is “just the latest assault in this administration’s continued campaign against LGBTQ people and our civil rights.”

“By creating this task force, Sessions is establishing a unit dedicated to undermining LGBTQ rights and giving anti-LGBTQ far-right extremists like task force head Jesse Panuccio a taxpayer-funded platform to push their anti-equality agenda,” Acosta said. “Rather than ensuring every person has equal protections and opportunities, Sessions is shamefully doubling down on bigotry.”

But the creation of the Religious Liberty Task Force was just one portion of the summit, which also included the voices of participants who urged a commitment to religious freedom to advance anti-LGBT discrimination.

Archbishop of Louisville Joseph Edward Kurtz, who formerly served as president of the U.S. Conference of Catholic Bishops, said religious freedom is facing challenges that amount to “power-seeking for the purpose of imposing one’s will on others.”

Kurtz cited as an example Catholic adoption agencies being “targeted for closure” for refusing to place children with LGBT families out of religious objections.

“One of the biggest concerns is the ability of our child welfare providers to continue to be able to place children with foster and adoptive families consistent with our teaching,” Kurtz said.

Although no government is actively seeking to close Catholic adoption agencies, they have threatened to shut their doors on their own in the wake of the legalization of same-sex marriage because they feel they’ll be forced to place children with gay couples who marry.

As a result, a growing number or states have enacted anti-LGBT adoption laws allowing taxpayer-funded agencies to refuse to place children with LGBT families over religious objections. House Republicans have inserted an amendment in a pending appropriations bill that would penalize states and localities for having policies barring anti-LGBT discrimination among adoption agencies.

Phillips, the owner of Masterpiece Cakeshop, was himself present at the summit and took part in a panel of individuals who say they are facing challenges to their religious freedom.

Moderating his panel was Justice Department spokesperson Kerri Kupec, formerly a spokesperson for the anti-LGBT Alliance Defending Freedom. At a time when that term is used as justification for anti-LGBT discrimination, Kupec said in her introduction of the panel religious freedom is often “housed in scare quotes, as if it’s not a real thing, or even worse, a bad thing, which is tragic.”

Much of Kupec’s questioning of Phillips sought to elicit sympathy for him, which meant his act of refusing to make a custom-made wedding cake for a same-sex couple who entered his store was glossed over as he explained his commitment to his religious views.

In addition to refusing to make a same-sex wedding cake, Phillips said his religious beliefs compel him to close on Sundays, refuse to service Halloween celebrations or make cakes with denigrating messages.

“It’s the message of the cake that I evaluate, not the person who ordered the cake,” Phillips said. “In one instance, I had a man who wanted me to make a cake basically telling his boss that he was a jerk, so I wouldn’t do that, but I’ve also had people asked me to do cakes that would disparage gay people, the gay lifestyle, but I wouldn’t do that either because they’re hurtful cakes.”

As the litigation went forward, Phillips said he received death threats as well as a threat over the phone against his daughter. As a result, Phillips said he wouldn’t allow employees to answer the phone at Masterpiece Cakeshop and would only take calls himself.

Noting the U.S. Supreme Court only takes a few select cases each year, Phillips became emotional when he recalled news that justices had agreed to take up his petition after the state of Colorado ruled against him.

Even though the result of the case was narrowly in his favor and didn’t open up a First Amendment right for anti-LGBT discrimination, Phillips said it was worth the effort.

“True tolerance has to be a two-way street,” Phillips said. “We’re thrilled that the United States ruled in our favor, this ruling solidifying religious freedom in our country, but it’s not just for me, it’s for all us, every American should now be able to live and work freely and according to their conscience without fear of punishment from the government.”

Other speakers at the summit expressed concerns about threats to religious minorities in a manner that progressives would likely agree is a threat to religious freedom.

Among them was Harpreet Singh, who works with Muslim, Arab, Sikh, South Asian and Hindu religions on behalf of the Justice Department, and Asma Uddin, senior scholar at the Religious Freedom Center of the Freedom Forum Institute, who talked about anti-Muslim sentiments.

Singh said his agency has found hate crimes against minority religions have been increasing, which he said is substantiated by the Federal Bureau of Investigation’s annual reports and studies from universities, although “there’s a lot of underreporting going on.”

But other speakers on the panel railed against efforts to uphold LGBT rights as they face compromise in the name of religious freedom, including Emilie Kao, director of the Richard & Helen DeVos Center for Religion & Civil Society at the anti-LGBT Heritage Foundation.

Kao was critical of litigation filed by the ACLU against the Michigan law enabling Catholic adoption agencies to refuse placement to LGBT families over religious objections.

Asserting same-sex couples seeking to adopt face no problem in access to adoption, Kao said the plaintiff in the lawsuit drove past four other adoption agencies to reach St. Vincent’s Catholic Charities, which she said “still holds the belief that they should put every child with a mother and father.”

“The lesbian couple says they were personally offended by St. Vincent’s not placing a child with them,” Kao said. “I think it’s important for us to recognize that throughout the history of our country and the Supreme Court’s cases, we have always protected the right of people to follow their religious beliefs, and we’ve never protected the right not to have your feelings hurt.”

Michael McConnell, a law professor at the Constitutional Law Center at Stanford University, warned of the growing compromise that religious liberty faces in the wake of growing “sexual freedom.”

“An extremely popular argument in religious circles has been that religious accommodations are necessarily unconstitutional if they lead to so-called third-party harm,” McConnell said. “If there’s anyone whose rights or interests…are interfered with, that that means the accommodation is simply unconstitutional. To my mind, that’s an extremely implausible argument because virtually every accommodation, and indeed, virtually any application of any constitutional right — free speech, property, due process — there’s always someone on the other side of ledger who’s interests are being harmed.”

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‘They took him!’ Gay married couple torn apart by ICE

As Allan Marrero remains in ICE custody, his husband Matt continues to fight tirelessly for his release.

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Allan Marrero and Matthew Marrero (Photo courtesy of the couple)

For 113 days, Allan Marrero has been in U.S. Immigration and Customs Enforcement (ICE) custody, while his husband, Matthew Marrero, has been using every available avenue to secure his release.

Since Nov. 24, 2025, Allan—originally from the Cayman Islands—has been held at multiple detention facilities across the United States. His detention began after what was meant to be a routine, good-faith marriage-based green card interview at Federal Plaza in New York City, marking two years of marriage with Matthew.

Advocates, including Rev. Amanda Hambrick Ashcraft, Rev. Dr. Jacqui Lewis, and attorney Alexandra Rizio, have been actively involved in supporting the couple and navigating the legal challenges posed by ICE and the Department of Homeland Security (DHS). The case highlights the Trump-Vance administration’s aggressive use of immigration enforcement to detain and deport individuals, even in circumstances where applicants have established legal claims to remain in the U.S.

Timeline of Allan’s detainment

On Nov. 24, Allan and his husband Matt arrived at 26 Federal Plaza in New York City for what was supposed to be a routine, marriage-based green card interview. They were accompanied by Rev. Amanda Hambrick Ashcraft, a minister from Middle Church in Manhattan, where the couple attended and Matthew sang in the choir.

They arrived early for their 8 a.m. appointment, prepared and hopeful. Despite growing news coverage about increased immigration enforcement under President Donald Trump, they believed in the process and felt confident they had done everything right.

“They brought with them a three-inch binder documenting their entire life together—photos, letters, legal records, and other evidence,” Ashcraft said.

“From the moment you get to Federal Plaza, the process is extremely traumatic—and that’s by design,” she explained. “There’s nothing warm or intuitive about it. It’s dehumanizing, and parts of it feel barbaric.”

Immediately after meeting the USCIS officer, something felt off.

“We came with a three-inch binder of our entire life—photos, letters, everything,” Matt said. “We were dressed up, ready, confident we had done everything right. The first thing she said was, ‘I don’t want that. Take it all apart.’ That was the moment I knew something wasn’t right.”

The officer then asked the couple for their passports—something neither of them had on hand. That seemed to be strike two, signaling that, just as with previous steps in this process, the interview was already off course because of the woman behind the desk.

As the couple was told to move to a new room for their interview, Ashcraft was denied entry with them. This struck all three as odd; Ashcraft had attended immigration and green card interviews before to provide spiritual guidance and bolster claims of legitimacy, with no issues. Coupled with the initial hostility over the binder, it was a clear sign that the day would not go as hoped.

“There’s no real policy—it’s whoever is in front of you deciding what the rules are at that moment,” Ashcraft added. “Whatever they say goes. That’s what makes it so dangerous.”

Inside the tightly controlled interview, tensions escalated.

“I looked over at my husband when she asked how we met—just instinct. He’s the love of my life,” Matt said. “She snapped her fingers in my face and said, ‘Don’t look at him.’ We’re telling our love story, and I’m not even allowed to look at my husband.”

The officer then raised questions about a missed immigration hearing for Allan in 2022. 

Allan had lived in the United States since 2013 and had been diligent about maintaining his legal status and personal growth. During that time, he had entered a rehabilitation program for alcohol addiction—a commitment that, coincidentally, caused him to miss the scheduled court hearing. Medical records explained by Alexandra Rizio, Allan’s attorney, corroborate this.

Because the judge did not know Allan was in rehab, a removal order was issued in his absence.

“He didn’t realize that he had a removal order in his name,” Rizio, the Make the Road New York attorney, explained. “When you have a removal order, it means ICE can pick you up at any moment. He walked into that interview completely unaware that he was at risk of being arrested on the spot.”

Allan Marrero and Matthew Marrero (Photo courtesy of the couple)

The officer acknowledged that their marriage was legitimate but denied Allan’s green card application. She told them they would need to appear before an immigration judge, signaling that his journey to legal status was far from over and still subject to the whims of others.

“She told us, ‘Out of the goodness of my heart, I’ll let you leave today. I could have called ICE, but I won’t,’” Matt recalled. “My husband started crying, I was a wreck.”

Despite that comment, the couple was escorted through a series of back hallways. Allan’s file was handed off to ICE officers, and the supervisor walked away.

“They walked us down this long hallway, took his file, handed it to ICE agents, and just left. No explanation, no warning. Suddenly they’re telling him to put his hands behind his back, and I’m standing there asking, ‘What is happening?’”

The gravity of the situation escalated.

“He was crying, I was crying, we were hugging, and I kept saying, ‘It’s going to be okay,’” Matt said. “And then they just pulled him away into an elevator and left me there. It happened so fast it didn’t even feel real.”

A supervisor entered briefly to distinguish between what could be controlled inside the office and what could not be controlled outside. Rizio called this a deliberate choice to intensify the emotional pressure.

“What the officer could have done was say, ‘You have a removal order—go hire a lawyer,’” Rizio said. “That would have been the humane and reasonable response. Instead, ICE was called, and they arrested him.”

Outside the room, Ashcraft heard the chaos unfold.

“The next thing I heard was Matthew screaming down the hallway: ‘Amanda! Amanda! They took him!’” she recounted. “That’s how it happened—just like that, after everything they had prepared.”

For the next 36 hours, Matt had no information about his husband’s whereabouts.

“For 36 hours, I had no idea where my husband was,” he said. “No phone call, no information, nothing. It felt like he had just disappeared.”

The following morning, Matt’s mother and sister drove down from Connecticut to help. They returned to Federal Plaza with Allan’s anxiety medication and contact information, only to be told minutes later that Allan was no longer there. The couple could not locate him through the ICE online system. Only after contacting an attorney did they learn he had been transferred to Delaney Hall, a detention facility in New Jersey.

Matt and Allan’s mother drove to Delaney Hall in Newark, an industrial area where families—including children—waited in the rain. Inside, staff initially insisted Allan was not present, despite documentation proving otherwise. After long delays, they were finally allowed to see him.

This was the first time Matt felt the point-blank homophobia of the detention system.

“When I finally saw him, they told us we couldn’t touch,” Matt said. “I’m watching straight couples kiss and hold each other, but I can’t even hold my husband’s hand.”

“You ripped my husband away, didn’t tell me where he was for 36 hours, and now I’m not allowed to console him?” he added. “It was so cold—it felt completely inhuman.”

Conditions inside detention quickly became grueling.

“He was moved in the middle of the night, chained at his wrists and ankles, not told where he was going,” Matt said. “They kept the cuffs on for days—he had cuts and bruises.”

“The worst part isn’t even the facilities—it’s the transport,” Matt continued. “You’re chained like an animal, trying to eat a bologna sandwich and drink water while shackled. You can barely move your body.”

Allan remained at Delaney Hall for approximately two weeks. One night, he told Matt that groups of detainees were being taken out in the middle of the night without warning. Shortly afterward, he was among them.

Around 12:30 a.m., Allan called to say he was being moved. He and others were gathered in a visitation room and held for hours without food or beds. By midday, they were shackled again, loaded onto transport, and flown out of state. His location once again disappeared from the ICE tracking system.

Over the next several days, Allan was moved through multiple locations, including a holding area near an airport in Phoenix, where detainees were kept in overcrowded, tent-like enclosures without seating. He remained in restraints for extended periods and was denied access to his medication.

From there, he was transferred through facilities in Texas and Louisiana before ultimately being sent to a remote detention site in the Florida Everglades, informally known as “Alligator Alcatraz.”

Conditions there were severe. Detainees were held in cages with dozens of men in each enclosure. Sanitation was poor, with overflowing toilets near sleeping areas. Exposure to the elements and limited access to medical care caused Allan’s health to deteriorate. Phone calls were limited to short, scheduled windows.

“He told me about being in a cage in the Everglades—30 men, toilets overflowing next to where they sleep,” Matt said. “There were signs about poisonous snakes, and he said, ‘If one shows up, I’m going to die—there’s nobody here.’”

“ICE officers would tell them, ‘You’re a burden to your family. Just sign your self-deportation papers,’” Matt added. “He would call me crying, saying, ‘Just let me go, forget about me.’ That’s psychological warfare.”

Ashcraft reflected on the system’s cruelty.

“At every step, it feels designed to be as insular, as cruel, and as impenetrable as possible,” she said. “At every turn, we’re seeing a new kind of cruelty…Someone will say, ‘They can’t do that,’ and we have to say, ‘Actually, they are.’”

Eventually, Allan was transferred to a detention facility in Natchez, Miss., where conditions were more stable and he was finally able to receive his prescribed medications. Around this time, his legal case began to shift.

His attorney submitted documentation showing that the missed 2022 hearing had occurred while he was in a verified rehabilitation program. The same immigration judge who had issued the original removal order agreed to reopen the case and rescinded that order, restoring Allan’s standing.

“The judge agreed with us and granted bond. At that point, we thought he would be released and we could move forward. That’s how the system is supposed to work,” Rizio said.

In early February, a bond hearing was scheduled. Matt traveled to Mississippi in anticipation of Allan’s release. The legal team presented extensive documentation, including letters of support from members of Congress, as well as evidence of Allan’s marriage and community ties.

Instead of releasing him, ICE exercised its authority to place a 10-day hold while considering an appeal. During that time, Matt remained in Mississippi, visiting Allan regularly.

“ICE decided to just ignore that and not release him. They used something called the ‘auto stay’ provision to keep him locked up anyway,” Rizio said. “It’s essentially them saying, ‘We don’t like the judge’s order, so we’re not going to follow it….That feels crazy—because it is crazy. There’s no real statutory basis for it. It’s a regulation that allows them to operate outside the bounds of what the law actually says.”

Before the hold period ended, a second immigration judge became involved. Without reviewing the full evidence or receiving a newly filed green card application, the judge issued a decision in advance.

“A completely different judge—who isn’t even an immigration specialist—stepped in and denied an application that wasn’t even before him,” Rizio explained. “I have never seen anything like that in 14 years of practice.”

She has argued that the decision was procedurally improper and legally flawed.

“He decided, based on rehab records showing recovery and sobriety, to label Allan a ‘habitual drunkard.’ He cherry-picked information and ignored the evidence that he had successfully completed treatment.”

When the 10-day hold expired, Allan’s legal team attempted to secure his release again, but ICE cited the new ruling to continue detaining him. By that point, Allan had been in detention for more than 100 days.

“He could have walked out of detention with a green card,” Rizio said. “Instead, he’s still sitting in detention because of actions that simply shouldn’t have happened.”

“None of what I just described reflects a system that cares about justice,” she said. “It feels like punishment. I feel very confident these actions are designed to make people give up… Allan has already lost over three months of his life. He’s never going to get that time back.”

“We did everything right,” Matt said. “We followed the law, built a life, got married, had a clear pathway to citizenship. And now my whole life is on pause. If someone wants to understand this, imagine someone coming in and kidnapping the person you love most—taking away all your control. That’s what this feels like.”

Allan remains in detention in Natchez while legal challenges move forward. Throughout his time in custody, detainees have reported being pressured to accept voluntary deportation, often being told they are burdens to their families. Despite the mounting legal and emotional toll, Allan continues to fight his case from inside detention, while his family and community advocate for his release on the outside.

The couple has set up a Go-Fund-Me to help with the financial costs of this ongoing situation.

The Blade contacted ICE and DHS for comment but did not receive a response.

Matthew Marrero and Allan Marrero (Photo courtesy of the couple)
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District of Columbia

Man charged with carjacking, kidnapping after having sex in D.C. park pleads guilty

Arrest followed year-long investigation into incident at Fort Dupont Park

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Da’Andre Pardlow pleaded guilty to unarmed carjacking and possession of a firearm in connection with a 2024 robbery and carjacking. (Photo by Sergei Gnatuk via Bigstock)

A D.C. man initially charged with armed carjacking, armed kidnapping, and armed robbery of a male victim he met and with whom he engaged in sex at D.C.’s Fort Dupont Park in September 2024 pleaded guilty on March 12 to two lesser charges as part of a plea bargain deal offered by prosecutors.

Records filed in D.C. Superior Court show that Da’Andre Pardlow, 31, who has been held in jail since the time of his arrest in December 2025, pleaded guilty to unarmed carjacking and possession of a firearm during a crime of violence. Court records show the agreement includes a recommendation by prosecutors that Pardlow be sentenced to seven years in prison.

The agreement allows him to withdraw the guilty plea if the judge rejects the sentencing recommendation and calls for a harsher sentence. He is scheduled to be sentenced by Superior Court Judge Robert Salermo on May 29.

Details of the incident that led to Pardlow’s arrest and guilty plea are included in a 12-page arrest affidavit prepared by U.S. Park Police detective Christopher Edmund, the lead investigator in the case.

According to the affidavit, which is part of the public court records, Park Police received a call at approximately 6:30 a.m. on Sept. 13, 2024, regarding an armed robbery that occurred around 3 a.m. that day at D.C.’s Fort Dupont Park. The affidavit says Park Police officers drove the person who called, who is identified only as Victim 1 or V-1,  from his residence to the Park Police Anacostia Operations facility where he was interviewed.

“V-1 reported that they were at their residence at approximately 2:30 a.m. on September 13, 2024, and decided to drive to Fort Dupont Park in hopes of meeting a man for a sexual encounter,” the affidavit states. “V-1 arrived at Fort Dupont Park at approximately 3:00 a.m. and parked their vehicle on the south side of Alabama Avenue, SE, in Washington, D.C. adjacent to the park entrance,” the affidavit continues.  

It says the victim stated the park was empty and he decided to leave, but while walking back to his car he encountered a black male appearing in his 20s or 30s and gave a full description of the man’s appearance and clothing, saying he was wearing a ski mask. 

“V-1 and the male conversed and agreed to engage in consensual sexual acts on a bench under the pavilion near the restroom,” the affidavit says. It says V-1 then told detectives that the man, who is initially identified only as Suspect 1 or S-1, “had ejaculated onto V-1’s face. V-1 then used a napkin that he found on the ground nearby to wipe S-1’s semen from V-1’s face. V-1 then discarded the napkin on the ground.”   

The affidavit states that investigators later recovered the napkin and through DNA testing linked the semen to Pardlow. But prior to that, it says during their sexual encounter in the park V-1 agreed to suspect 1’s request that he take off all his clothes.

“When V-1 disrobed, S-1 got behind V-1 and held a hard, metal item that V-1 believed to be a handgun, to the back of V-1’s head,” according to the affidavit. It says V-1 added that S-1 “threatened to shoot him ‘over and over again’” if he did not comply with S-1’s demands to surrender his phone and wallet, provide the code to access the phone, and then to take possession of and drive V-1’s car to a nearby bank, with V-1 sitting in the passenger’s seat, to withdraw money from V-1’s bank account. The affidavit says he withdrew $500 from V-1’s account at a Bank of America ATM at 3821 Minnesotta Ave., NE.

“S-1 then drove V-1 back to the park and told them to get their clothes, which were still in the pavilion area,” the affidavit says. “When V-1 exited the vehicle, S-1 drove out of the park in V-1’s vehicle at a high rate of speed toward Massachusetts Avenue,” it says. “V-1 walked back to their residence and contacted the police.”

The affidavit says that over the course of the next several months investigators used tracking devices linked to V-1’s car, cell phone, and Apple Watch that Pardlow had taken to locate the car and a residence where Pardlow was possibly living.

The Park Police investigators also pulled up FBI DNA records to identify a suspect that matched the DNA sample taken from the napkin V1 used at the park to a man arrested in Prince George’s County, Md., on an unrelated charge of Use of a Firearm In A Violent Felony. That person turned out to be Da’Andre Pardlow, the affidavit states.

It says investigators obtained additional evidence linking Pardlow to the park incident involving V-1, including video images of his face from a Bank of America security camera at the time he withdraws money from V-1’s ATM account. A tracking of Pardlow’s own mobile phone also placed him at the site of the park at the time of his alleged interaction with V-1.

When Park Police detectives first interviewed Pardlow at the Eastern Correctional Institute prison in Westover, Md., where he was being held in connection with the unrelated firearm arrest, “he denied having ever been to Fort Dupont Park since he was in high school and said that he had no involvement in this incident,” the affidavit says.

Court records show a warrant was obtained for his arrest on Nov. 25, 2025, for the Fort Dupont incident and he was officially charged on Dec. 17, 2025, with Armed Carjacking, Robbery While Armed, and Kidnapping While Armed. 

Pardlow’s attorney, Patrick Nowak, couldn’t immediately be reached for comment on Pardlow’s decision to plead guilty to the lesser charges of Unarmed Carjacking and Possession of a Firearm During A Crime of Violence, with the other charges being dropped by prosecutors with the Office of the U.S. Attorney for D.C. 

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Botswana

The rule of law, not the rule of religion

Bonolo Selelo and Tsholofelo Kumile are challenging the Botswana Marriage Act

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(Bigstock photo)

Botswana was in a whole frenzy as religious and traditional fundamentalists kept mixing religion and constitutional law as if it were harmless. It is not. One is a private matter of belief between you and God, while the other is the framework that protects and governs us all. When these two systems get fused, the result is rarely justice. It results in discrimination. 

The ongoing case brought by Bonolo Selelo and Tsholofelo Kumile challenging provisions of the Botswana Marriage Act has reignited a familiar debate in Botswana. Some commentators insist that marriage equality violates religious values and therefore should not be recognized by law. It is a predictable argument. It is also fundamentally incompatible with constitutional governance.

Botswana is not a Christian state. It is a constitutional democracy governed by the Constitution of Botswana. That distinction matters. In a constitutional democracy, laws are interpreted in accordance with constitutional principles such as equality, dignity, protection, inclusion and the rule of law, rather than the doctrinal beliefs of any particular religion.

Religion has no place in constitutional law and democracy

The central problem with religious arguments in constitutional disputes is simple in that they divide, they other, they contest equality and they are personal. Constitutional law by contrast, must apply equally to everyone.

Botswana’s Constitution guarantees fundamental rights and freedoms under Sections 3 and 15, including protection from discrimination and the right to equal protection of the law. These provisions are not conditional on religious approval. They exist precisely to protect minorities from the preferences or prejudices of the majority.

Legal experts, such as Anneke Meerkotter, in her policy brief in Defense of Constitutional Morality, point out that constitutional rights function as a safeguard against majoritarian morality. If rights depended on whether the majority approved of a minority’s identity or relationships, they would not be rights at all. They would merely be privileges.

This principle has already been affirmed in Botswana’s jurisprudence. In the landmark decision of Letsweletse Motshidiemang v Attorney General, the High Court held that criminalizing consensual same-sex relations violated constitutional protections of liberty, dignity, privacy, and equality. This judgment noted that constitutional interpretation must evolve with society and must be guided by human dignity and equality. The court emphasized that the Constitution protects all citizens, including those whose identities, expressions or relationships may be unpopular. That ruling was later upheld by the Court of Appeal of Botswana in 2021, reinforcing the principle that constitutional rights cannot be restricted on grounds of moral disapproval alone. These decisions were not theological pronouncements. They were legal determinations grounded in constitutional principles.

The danger of religious majoritarianism

When religion is used to justify legal restrictions, the result is what constitutional scholars call “majoritarian moralism.” It allows the dominant religious interpretation in society to dictate the rights of everyone else. That approach is fundamentally incompatible with constitutional democracy. Botswana is religiously diverse. While Christianity is the majority faith, there are also Muslims, Hindus, traditional spiritual communities, Sikh and people who practice no religion at all. If the law were to follow the doctrines of one religious group, which interpretation would it adopt? Christianity alone contains dozens of denominations with different views on love, equality, marriage, sexuality, and gender. The moment the state begins to legislate on the basis of religious doctrine, it implicitly privileges one belief system over others. That undermines both religious freedom and constitutional equality. Ironically, keeping religion separate from constitutional law is what protects religious freedom in the first place.

Judicial independence is the cornerstone of Botswana’s governance system

The current case involving Bonolo Selelo and Tsholofelo Kumile is before the judiciary, where it belongs. Courts exist to interpret the Constitution and determine whether legislation complies with constitutional rights. Political and religious lobbying, as well as public outrage, must not influence that process.

Judicial independence is the cornerstone of Botswana’s governance system. According to the International Commission of Jurists, judicial independence ensures that courts can make decisions based on law and evidence rather than political or social pressure.

When governments, political, religious, or traditional actors attempt to interfere in constitutional litigation, they weaken the rule of law. Botswana has historically prided itself on having one of the most stable constitutional systems in Africa. The judiciary has played a critical role in safeguarding rights and maintaining legal certainty. The decriminalization case demonstrated this. Despite strong public debate and political sensitivity, the courts assessed the law according to constitutional principles rather than moral panic. The same standard must apply in the current marriage equality case.

This article was first published in the Botswana Gazette, Midweek Sun, and Botswana Guardian newspapers and has been edited for the Washington Blade. 

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a social justice activist.

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