Editor’s note: Yariel Valdés González is a journalist from Cuba who has been granted asylum in the U.S. He spent nearly a year in U.S. Immigration and Customs Enforcement custody until his release from the River Correctional Center in Ferriday, La., on March 4.
Yanelkys Moreno Agramonte, 36, and Dayana Rodríguez González, 31, had never been apart in the nearly five years since they began dating. Their lives were one until Nov. 3, 2019, when they both applied for asylum in the U.S. at a port of entry in El Paso, Texas, and they were separated a short time later.
Moreno and Rodríguez were placed into different cells as their entry into the country was processed.
“They locked me up in a small, lonely place,” Moreno told the Washington Blade on June 9 during a telephone call from the South Louisiana ICE Processing Center in Basile, La., where she remains in U.S. Immigration and Customs Enforcement custody. “I was there for two days and my partner was transferred the day after we arrived.”
“We lost all ties,” Rodríguez told the Blade during a telephone interview from Phoenix on June 10 where she now lives. “I didn’t know where she was and she didn’t know where I was. On the fourth day, they moved me at night to the detention center and there I was, still unsure whether they would send her there.”
The next day, they saw each other for a few minutes in the El Paso Service Processing Center’s dining room, since they were not in the same dorm. Rodríguez and Moreno did whatever they could to see each other.
“They scolded us twice because I was the last one in line in order to wait for her to come and eat together,” recalled Rodríguez.
Both devised a strategy to see each other in the library and even during Catholic Masses held in the El Paso facility.
“Yanelkys made the requests for visits a couple of times and they allowed us to be together only once,” said Rodríguez. “All of the couples were together in the same room, one next to the other. We couldn’t touch each other, just a kiss at the entrance and a kiss at the exit and with an officer watching over us the entire time.”
Perhaps this story would not have been so bitter if the two women had been married because ICE, in theory, allows a married asylum seeker to sponsor their spouse once it grants them “derivative” status. This process allows them to stay together as long as they present a marriage or civil union certificate.
But Moreno and Rodríguez are citizens of Cuba, an island where same-sex marriage is not yet legal. The government’s policies and social attitudes also emphasize discrimination against the LGBTQ community.
Their immigration cases are the same, but Moreno in December was once again separated from Rodríguez. She was sent more than 900 miles east of El Paso to the South Louisiana ICE Correctional Center, where she currently remains in ICE custody. Rodríguez was detained in El Paso until Feb. 4 when she was released on parole and a $7,500 bond.
The two women saw each other for the last time through a door’s glass window, sending their love to each other with signs after a conversation that would define both of their lives forever. Moreno was gone the next morning and the frustration of not being able to say goodbye to her partner is painful to this day.
Couple suffered homophobia, police harassment in Cuba
Moreno and Rodríguez’s families never accepted that two women could fall in love and live together. The prejudices that still persist in Cuba and especially in Zulueta, a small town in the center of the country where they lived, were constant hurdles to their social lives and their life together as a couple.
“My parents divorced because of my sexual orientation,” said Moreno. “My father is the typical Cuban man, who said that his children could not be homosexual. My sister was the only one who always supported me.”
Rodríguez was kicked out of her home when her family found out she was in a romantic relationship with another girl.
“They took all of my things from me and that was terrible,” she said. “It was raining and also in the middle of a blackout. I had to collect my things and go to her home. It was something we did not expect.”
Rodríguez’s family’s decision to disown her was compounded by her neighbor’s accusatory looks, so she and her partner did not even dare to hold hands in the street. Moreno told the Blade that such intolerance suffocated her “because there (in Cuba) homosexuals are not well regarded, neither by family, nor by the authorities, we are quite discriminated against. I felt bad because in the end we are also good people. We have rights and the government constantly violates them. We cannot have our own family.”
Because of the impossibility of getting married, gay and lesbian Cubans cannot adopt children.
The current labor law does not protect transgender people, and they can only change their gender and photo on identity documents if they undergo sex-reassignment surgery. Members of Cuba’s National Revolutionary Police have also been accused of targeting LGBTQ Cubans.
Rodríguez in her asylum claim says a police officer constantly followed her and Moreno
“There was an officer named Sosa, who appeared wherever she was,” writes Rodríguez. “He was very rude to us. He insulted us on two occasions by saying that we were not setting a good example for society or children.”
“On the other occasion, we were sitting in the park during some local celebrations, holding hands, without disrespecting anyone and he also came and took us to the police station because, according to him, we could not do that,” continues Rodríguez. “He did not agree that we were a couple or that we showed it in public. He fined us 500 pesos ($20) because he didn’t want to see us together on the street any more. It was like a warning and we were detained for 73 hours. The officer in the police station told everyone that we were lesbians and they also started making fun of us and calling us names. And the truth is that we felt very bad about all that. Life for us was very difficult there.”
Tired of this familial and societal rejection that Cuban governmental institutions also perpetuate, this young couple exclusively told the Blade they fled the country in order to be able to walk the streets without fear. Now, after seven months in the U.S., they are terrified that Moreno will be deported back to Cuba.
Moreno has already been denied parole twice, which would have allowed her to pursue her asylum case outside of ICE custody.
“ICE’s two responses to my request for parole have told me that I am a flight risk,” said Moreno. “The first was on Jan. 5 and a group of lawyers prepared the second request … it turned out very well, with everything they ask for: A very complete request and they denied me again. They set a date for an interview that they never did.”
ICE’s own directives mandate an asylum seeker must be released while awaiting their asylum hearing if they pass their credible fear interview and background check, prove they are not a danger to society and show they are not a flight risk. The parole rate for ICE’s New Orleans Field Office, which has jurisdiction over Louisiana, dropped from more than 75 percent in 2016 to zero percent in 2019, according to Judge James Boasberg of the U.S. District Court for the District of Columbia’s ruling that granted a preliminary injunction in a class-action lawsuit that other asylum seekers filed.
“I meet all the requirements they ask for: I entered through a (port of entry), I have someone who will receive me and I have a credible positive fear,” said Moreno. “I met with my deportation officer when I was denied parole for the second time and they did not know how to give me a convincing explanation. They just told me that when they were evaluating my case they determined that I was not going to show up to court hearings.”
Liza Doubossarskaia is a legal assistant for Immigration Equality who prepared Moreno’s second parole application under the supervision of Bridget Crawford, a lawyer who is the group’s legal director. Doubossarskaia in an interview with the Blade said ICE’s denial of Moreno’s parole applications is discriminatory based on the fact that another LGBTQ person who is not a blood relative will receive her upon her release.
“There is no provision in any document that the person receiving the immigrant must be his or her close relative,” said Doubossarskaia. “In the parole request, we affirm that her family does not support her because she is gay, but she does have ties to this country because she has a friend who is willing to take her in and the support of various organizations, including Immigration Equality, which will ensure that she attends immigration appointments. She is also not a danger, because we presented her criminal record and it is clean. ICE never explains why she is a flight risk.”
ICE declined to comment to the Blade on Moreno’s case.
“When we had the second negative response on parole, it was as if they were throwing a bucket of cold water at both of us,” said Rodríguez. “It shows in the tone of her voice, in her physique when I can see her on a video call that all that confinement and this time apart is affecting her. It is affecting both of us.”
Moreno is still awaiting her second court hearing, which is scheduled to take place on July 28.
She said her greatest fear is her final appearance before an immigration judge “because it is a lot of stress, for all the time I have been here, for all we have lived through. That moment will be very difficult.”
Rodríguez is terrified her girlfriend will be deported to Cuba “and everything is over.” Her voice cracked on the phone when she discussed this possibility.
“Today I ended the call with her in the morning crying because this absence has affected me a lot,” Rodríguez told the Blade. “The calls are also short because we have to save the little money that you have to communicate. When she tells me that she feels bad and ends up crying, the truth is that it makes me very bad.”
Congressman urges ICE to release LGBTQ detainees
Illinois Congressman Mike Quigley in a letter he sent to Acting Secretary of Homeland Security Chad Wolf last week requested ICE release Moreno and all other LGBTQ detainees.
Quigley described the detention of these detainees in the midst of the coronavirus pandemic as “dangerous and irrational.” More than two dozen other members of the U.S. House of Representatives signed his letter.
Quigley last week told the Blade during a telephone interview that he considers this issue a matter of “basic human decency” and says ICE is “ignoring” social distancing and other guidelines from the Centers for Disease Control and Prevention and not “providing protective equipment or hygiene products to detainees.” The Illinois Democrat also said LGBTQ detainees in ICE detention centers “are treated worse under these conditions than the general population, and no one is treated well.”
Moreno told the Blade the South Louisiana ICE Processing Center can house around 1,000 people.
She said around 190 female detainees remain at the facility. Moreno told the Blade that more than 50 of the 72 beds in the dorm where she lives are occupied.
“We are many for such a small room,” said Moreno. “The food is not good, one day a week it improves a little, but it is generally bad.”
“Cleanliness is not very good either,” she added. Now, since there are so few of us, the cleaning supplies have improved, but when I was in the center it was very difficult to get a roll of toilet paper or a shampoo. They don’t give soap here. We have to shower with shampoo and the commissary is very expensive. “
Doubossarskaia confirms the detention center in which Moreno lives now has room to promote social distancing, but staff have chosen not to enforce it.
Moreno told the Blade a group of female detainees from different housing units were transferred to her dorm in early May. Moreno said an officer at the detention center said it was to make “better use of space” when someone asked about it.
There were 871 ICE detainees with confirmed coronavirus cases as of deadline. ICE’s website says 7,364 of the 24,713 people who were still in their custody have been tested for the virus.
ICE says it has evaluated its detained population based on the CDC’s guidance for people who may be at increased risk for serious illness as a result of the coronavirus. ICE has released more than 900 people from their custody after evaluating their immigration history, criminal record, potential threat to public safety, flight risk and national security concerns.
Despite the fact there are no confirmed coronavirus cases in her detention center, Moreno says she does not feel safe because the transfer of detainees into the facility has not stopped during the pandemic.
“Not all officers wear masks or gloves,” she said. “They say they do take precautions when they enter the center, but I am not sure. They are the ones that go in and out and do not protect us. We are required to be six feet away from each other and when we go to recreation or to the dining room there are only the detainees from one dorm. We do not mix with the others.”
Moreno also says she has experienced several instances of discrimination at the South Louisiana ICE Processing Center which the GEO Group, a Utah-based company operates, both at the hands of her fellow detainees and staff.
“I went to go to the bathroom twice and they told me that I couldn’t go in because they were sorry to bathe with me,” Moreno told the Blade. “I decided to bathe alone from that moment in order to avoid a problem. It has happened to me with the officers when I ask them, for example, for a paper and they don’t give it to me, but they give it to someone else who is behind me. I feel discriminated against because of things like that.”
Doubossarskaia said she believes ICE does not do enough to protect LGBTQ people at its facilities.
“We have heard many stories of detainees who suffer homophobia after their detention,” she said.
Moreno told the Blade that some of the officers at the South Louisiana ICE Processing Center “insult us, humiliate us.” Moreno also said she never thought she would have been “detained for so long.”
“In fact, my partner and I thought that it would be a maximum of two months and that we could go out, get married, make a life together, but none of this has happened,” she lamented. “We can only talk on the phone, but the separation is hard and very sad. I get depressed and cry a lot. “
The Blade asked what Moreno misses the most and without hesitation she said her freedom, and above all, her partner.
“I want to see her, embrace her …”, she says, followed by a long pause.
“I don’t feel like Yanelkys is well,” Rodríguez told the Blade. “In fact, we are seeking psychological help. She has already had two appointments with a professional because she is very stressed and I find her very downcast (…) and they (ICE) are not interested in her life.”
Michael K. Lavers contributed to this article.
New Supreme Court term includes critical LGBTQ case with ‘terrifying’ consequences
Business owner seeks to decline services for same-sex weddings
The U.S. Supreme Court, after a decision overturning Roe v. Wade that still leaves many reeling, is starting a new term with justices slated to revisit the issue of LGBTQ rights.
In 303 Creative v. Elenis, the court will return to the issue of whether or not providers of custom-made goods can refuse service to LGBTQ customers on First Amendment grounds. In this case, the business owner is Lorie Smith, a website designer in Colorado who wants to opt out of providing her graphic design services for same-sex weddings despite the civil rights law in her state.
Jennifer Pizer, acting chief legal officer of Lambda Legal, said in an interview with the Blade, “it’s not too much to say an immeasurably huge amount is at stake” for LGBTQ people depending on the outcome of the case.
“This contrived idea that making custom goods, or offering a custom service, somehow tacitly conveys an endorsement of the person — if that were to be accepted, that would be a profound change in the law,” Pizer said. “And the stakes are very high because there are no practical, obvious, principled ways to limit that kind of an exception, and if the law isn’t clear in this regard, then the people who are at risk of experiencing discrimination have no security, no effective protection by having a non-discrimination laws, because at any moment, as one makes their way through the commercial marketplace, you don’t know whether a particular business person is going to refuse to serve you.”
The upcoming arguments and decision in the 303 Creative case mark a return to LGBTQ rights for the Supreme Court, which had no lawsuit to directly address the issue in its previous term, although many argued the Dobbs decision put LGBTQ rights in peril and threatened access to abortion for LGBTQ people.
And yet, the 303 Creative case is similar to other cases the Supreme Court has previously heard on the providers of services seeking the right to deny services based on First Amendment grounds, such as Masterpiece Cakeshop and Fulton v. City of Philadelphia. In both of those cases, however, the court issued narrow rulings on the facts of litigation, declining to issue sweeping rulings either upholding non-discrimination principles or First Amendment exemptions.
Pizer, who signed one of the friend-of-the-court briefs in opposition to 303 Creative, said the case is “similar in the goals” of the Masterpiece Cakeshop litigation on the basis they both seek exemptions to the same non-discrimination law that governs their business, the Colorado Anti-Discrimination Act, or CADA, and seek “to further the social and political argument that they should be free to refuse same-sex couples or LGBTQ people in particular.”
“So there’s the legal goal, and it connects to the social and political goals and in that sense, it’s the same as Masterpiece,” Pizer said. “And so there are multiple problems with it again, as a legal matter, but also as a social matter, because as with the religion argument, it flows from the idea that having something to do with us is endorsing us.”
One difference: the Masterpiece Cakeshop litigation stemmed from an act of refusal of service after owner, Jack Phillips, declined to make a custom-made wedding cake for a same-sex couple for their upcoming wedding. No act of discrimination in the past, however, is present in the 303 Creative case. The owner seeks to put on her website a disclaimer she won’t provide services for same-sex weddings, signaling an intent to discriminate against same-sex couples rather than having done so.
As such, expect issues of standing — whether or not either party is personally aggrieved and able bring to a lawsuit — to be hashed out in arguments as well as whether the litigation is ripe for review as justices consider the case. It’s not hard to see U.S. Chief Justice John Roberts, who has sought to lead the court to reach less sweeping decisions (sometimes successfully, and sometimes in the Dobbs case not successfully) to push for a decision along these lines.
Another key difference: The 303 Creative case hinges on the argument of freedom of speech as opposed to the two-fold argument of freedom of speech and freedom of religious exercise in the Masterpiece Cakeshop litigation. Although 303 Creative requested in its petition to the Supreme Court review of both issues of speech and religion, justices elected only to take up the issue of free speech in granting a writ of certiorari (or agreement to take up a case). Justices also declined to accept another question in the petition request of review of the 1990 precedent in Smith v. Employment Division, which concluded states can enforce neutral generally applicable laws on citizens with religious objections without violating the First Amendment.
Representing 303 Creative in the lawsuit is Alliance Defending Freedom, a law firm that has sought to undermine civil rights laws for LGBTQ people with litigation seeking exemptions based on the First Amendment, such as the Masterpiece Cakeshop case.
Kristen Waggoner, president of Alliance Defending Freedom, wrote in a Sept. 12 legal brief signed by her and other attorneys that a decision in favor of 303 Creative boils down to a clear-cut violation of the First Amendment.
“Colorado and the United States still contend that CADA only regulates sales transactions,” the brief says. “But their cases do not apply because they involve non-expressive activities: selling BBQ, firing employees, restricting school attendance, limiting club memberships, and providing room access. Colorado’s own cases agree that the government may not use public-accommodation laws to affect a commercial actor’s speech.”
Pizer, however, pushed back strongly on the idea a decision in favor of 303 Creative would be as focused as Alliance Defending Freedom purports it would be, arguing it could open the door to widespread discrimination against LGBTQ people.
“One way to put it is art tends to be in the eye of the beholder,” Pizer said. “Is something of a craft, or is it art? I feel like I’m channeling Lily Tomlin. Remember ‘soup and art’? We have had an understanding that whether something is beautiful or not is not the determining factor about whether something is protected as artistic expression. There’s a legal test that recognizes if this is speech, whose speech is it, whose message is it? Would anyone who was hearing the speech or seeing the message understand it to be the message of the customer or of the merchants or craftsmen or business person?”
Despite the implications in the case for LGBTQ rights, 303 Creative may have supporters among LGBTQ people who consider themselves proponents of free speech.
One joint friend-of-the-court brief before the Supreme Court, written by Dale Carpenter, a law professor at Southern Methodist University who’s written in favor of LGBTQ rights, and Eugene Volokh, a First Amendment legal scholar at the University of California, Los Angeles, argues the case is an opportunity to affirm the First Amendment applies to goods and services that are uniquely expressive.
“Distinguishing expressive from non-expressive products in some contexts might be hard, but the Tenth Circuit agreed that Smith’s product does not present a hard case,” the brief says. “Yet that court (and Colorado) declined to recognize any exemption for products constituting speech. The Tenth Circuit has effectively recognized a state interest in subjecting the creation of speech itself to antidiscrimination laws.”
Oral arguments in the case aren’t yet set, but may be announced soon. Set to defend the state of Colorado and enforcement of its non-discrimination law in the case is Colorado Solicitor General Eric Reuel Olson. Just this week, the U.S. Supreme Court announced it would grant the request to the U.S. solicitor general to present arguments before the justices on behalf of the Biden administration.
With a 6-3 conservative majority on the court that has recently scrapped the super-precedent guaranteeing the right to abortion, supporters of LGBTQ rights may think the outcome of the case is all but lost, especially amid widespread fears same-sex marriage would be next on the chopping block. After the U.S. Tenth Circuit Court of Appeals ruled against 303 Creative in the lawsuit, the simple action by the Supreme Court to grant review in the lawsuit suggests they are primed to issue a reversal and rule in favor of the company.
Pizer, acknowledging the call to action issued by LGBTQ groups in the aftermath of the Dobbs decision, conceded the current Supreme Court issuing the ruling in this case is “a terrifying prospect,” but cautioned the issue isn’t so much the makeup of the court but whether or not justices will continue down the path of abolishing case law.
“I think the question that we’re facing with respect to all of the cases or at least many of the cases that are in front of the court right now, is whether this court is going to continue on this radical sort of wrecking ball to the edifice of settled law and seemingly a goal of setting up whole new structures of what our basic legal principles are going to be. Are we going to have another term of that?” Pizer said. “And if so, that’s terrifying.”
Kelley Robinson, a Black, queer woman, named president of Human Rights Campaign
Progressive activist a veteran of Planned Parenthood Action Fund
Kelley Robinson, a Black, queer woman and veteran of Planned Parenthood Action Fund, is to become the next president of the Human Rights Campaign, the nation’s leading LGBTQ group announced on Tuesday.
Robinson is set to become the ninth president of the Human Rights Campaign after having served as executive director of Planned Parenthood Action Fund and more than 12 years of experience as a leader in the progressive movement. She’ll be the first Black, queer woman to serve in that role.
“I’m honored and ready to lead HRC — and our more than three million member-advocates — as we continue working to achieve equality and liberation for all Lesbian, Gay, Bisexual, Transgender, and Queer people,” Robinson said. “This is a pivotal moment in our movement for equality for LGBTQ+ people. We, particularly our trans and BIPOC communities, are quite literally in the fight for our lives and facing unprecedented threats that seek to destroy us.”
The next Human Rights Campaign president is named as Democrats are performing well in polls in the mid-term elections after the U.S. Supreme Court overturned Roe v. Wade, leaving an opening for the LGBTQ group to play a key role amid fears LGBTQ rights are next on the chopping block.
“The overturning of Roe v. Wade reminds us we are just one Supreme Court decision away from losing fundamental freedoms including the freedom to marry, voting rights, and privacy,” Robinson said. “We are facing a generational opportunity to rise to these challenges and create real, sustainable change. I believe that working together this change is possible right now. This next chapter of the Human Rights Campaign is about getting to freedom and liberation without any exceptions — and today I am making a promise and commitment to carry this work forward.”
The Human Rights Campaign announces its next president after a nearly year-long search process after the board of directors terminated its former president Alphonso David when he was ensnared in the sexual misconduct scandal that led former New York Gov. Andrew Cuomo to resign. David has denied wrongdoing and filed a lawsuit against the LGBTQ group alleging racial discrimination.
Former Ambassador Daniel Baer explains it all on Ukraine crisis
Expert downplays strategic thinking behind Putin’s move
Daniel Baer, who worked on LGBTQ human rights and transatlantic issues as one of several openly gay U.S. ambassadors during the Obama administration, answered questions from the Washington Blade on Ukraine as the international crisis continues to unfold.
Topics during the interview, which took place weeks ago on Jan. 27, included Putin’s motivation for Russian incursions, the risk of outright war, predictions for Russia after Putin and how the crisis would affect LGBTQ people in Ukraine.
Baer was deputy assistant Secretary of State for the Bureau of Democracy, Human Rights and Labor and U.S. ambassador to the Organization of Security & Cooperation in Europe.
The full interview follows:
Washington Blade: What’s your level of engagement with this affair? Are you doing any consulting work? Is the administration reaching out to you at all?
Daniel Baer: I actually think the White House is doing a pretty good job of recognizing that they need to not only have press conferences, but also talk to other people who are trying to figure out how to be constructive critics, idea generators from the outside.
Blade: OK, so you’re being solicited and engaging on this issue. My next question for you is why do you think Putin is doing this at this time?
Baer: So, I guess taking a step back from the whole thing, one of the things about a problem like this is that everybody is searching for the right answer assuming that there is a like comfortable or compelling or intellectually accurate answer, and I actually think we’re just in a really hard moment.
I don’t know why he’s doing it now. And in fact, I think that one of the puzzles that we haven’t solved yet is that all the things that he says are the reasons that he’s doing it — that he feels encirclement by NATO, … or that the situation in Ukraine is untenable — none of those things have changed. Setting aside the fact that they’re spurious, it’s not like there’s been some new move in the last 12 months that has precipitated [a reaction] on any of those fronts that you can say, “Oh, well, he’s responding to the recent meeting where Ukraine was offered membership in NATO, or he’s responding to a change in government in Ukraine that it’s clearly anti-Russia, or any other move that we’ve done.” The explanation just doesn’t hold water, and so I think we need to look for alternative ones.
The best I can come up with is actually just a broad — it doesn’t actually explain this particular moment, but I think you could look at the timing of his life. He has, I don’t know, 10 years left. And during those 10 years, it’s unlikely that Russia is going to grow more powerful; it’s much more likely that it’s going to become at least relatively and probably nominally less powerful. And so, if you’re unhappy with the status quo, and you feel like you’re a declining power, and you don’t have endless time, there’s no time like the present. And you’ll make up whatever reasons you need to in order to justify it.
I also think there’s a tendency on our part to attribute far more “strategery” to Putin than there necessarily is. I mean, he’s a bully and a thug. I think the whole Putin’s playing chess and we’re playing checkers is actually completely inverted. We’re in our own heads that there’s some kind of nuanced position that would mollify him. He’s just a gangster and he’s taking a punch because he has one. And I don’t think it gets much more complicated than that. And so, I guess the answer to why he’s doing this now, because the international conditions are such that he feels like the United States is focused domestically, the Ukrainians are not moving forward with succeeding to build — they’re kind of in stasis on building a European state— and he has, you know, he has the space to take a punch, so he’s contemplating doing it, or he’s already decided to do it. And he’s just extracting as much as possible before he takes it.
Blade: That leads me to my next question: What is your judgement of the risk of out and out war?
Baer: I don’t know because I have two hypotheses that cut both ways. One is that I think Putin is vastly underestimating the degree of resistance. On the other hand, I think that nothing short of domination is satisfactory. And so, I don’t know. I guess I think there’s a 90 percent chance that he does something, and I think there’s a 75 percent chance that what he does is not an all out invasion or ground invasion, at least not at first, but rather something that is aimed at confusing us. So some sort of hybrid or staged or false flag kind of attack in tandem with a political coup in Kiev, where he works to install a more Russia-loyal leader.
The thing with the ground invasion is that Russian soldiers’ moms are one of the only, like, powerful political forces in civil society in Russia. I just don’t see any way that a ground invasion doesn’t involve massive Russian casualties, even if they will be dominant. The people who are going to impose the consequences on him will be the Ukrainians, not the rest of us, and he should not invade, and if he does, we should, frankly, work hard to make it as painful and difficult for him as possible.
Blade: What will that look like?
Baer: I think we should at that point continue — we shouldn’t pause, we should continue to send the defensive equipment and backfill as much as possible their ability from an equipment basis to resist.
Blade: So if we were to look at a model for past U.S. engagements. I’m thinking Greece under President Truman, which was so successful that nobody really knows about it, I don’t think. Is there any model we should be looking toward, or not looking toward?
Baer: No, I guess. I’m not sure there’s any good historical model because obviously, any of them you can pick apart. I do think that one thing that has gotten lost in a lot of the analysis — and this goes back to Putin being a gangster thug, and not being such a genius — is there’s a moral difference between us. The reason why Putin gets to control the dialogue is because he’s willing to do things that we aren’t willing to do — as gangsters are, as hostage-takers are — and so yes, they get to set the terms of what we discussed, because we’re not holding hostages. We’re trying to get hostages released. And the hostage-taker has an upper hand and asymmetry because they are willing to do something that is wrong.
We shouldn’t lose the kind of moral difference there. Nor should we lose sight of the fact that Ukraine is being menaced. And I’m not saying it’s our obligation [to intervene militarily], certainly not our obligation. They aren’t a treaty ally. We have neither a political obligation nor a moral one to necessarily risk our own lives, our own soldiers in defense of Ukraine. But if Ukraine wants to defend themselves, there’s a strong moral case to be made that anything, short of risking our own lives, is something that is morally good. We generally believe that self-defense from lethal threat is a reasonable moral cause and assisting others in defending themselves is too — I think there’s a lot of back and forth that get glossed over whether that’s a provocation or whatever, and I want to say to people stand back, look at this: we’ve got one party that is attacking another. And the question is, does the other have a right to defend itself? Yes. And if they have a right to defend themselves, and they also have a right to have whatever assistance people will offer them in defending themselves.
That doesn’t mean that they get to demand that we show up and fight in the trenches with them, of course, and I don’t think there’s any serious people who are recommending that but it’s a good thing to help them. It’s not like a technical thing. It’s a good thing to help
Blade: Getting into that moral background, one thing I want to ask you was about the significance of what would happen in this concept of democracy versus autocracy. First of all, how much is Ukraine a functional democracy, in the sense that if we’re defending Ukraine, we are defending a democracy, and what signal do you think it would send if that Ukrainian government fell to Russian autocracy?
Baer: I think the institutions of government that the Ukrainian people have are not worthy of the Ukrainian people’s own demonstrated commitment …
They are not worthy of the Ukrainian people’s own demonstrated commitment to the idea of democratic institutions. So the answer is today’s Ukrainian government is a mixed bag and it’s very hard to build, on the rot of a Russian fiefdom, a functioning democracy, so I think it’s a mixed bag. I don’t want to sound like I’m minimizing [the changes], or that they’ve completely bungled an easy project. It was always going to be a hard project, and it was never going to be linear.
But I think that what we’ve seen from the Ukrainian people — by which I mean not Ukrainian people, but people of Ukraine — is that there is a broad part of society that a) does not want to live under a Russian thumb and b) sees its future in kind of European style democracy. And so I think that if there was, there’s no question that the Russian attack would be in part about subjugating the people of Ukraine and forcing them to live under some sort of new Russian satellite. And I think that there’s little space for serious argument that that’s something that the people of the country wish to have.
Blade: But I’m just kind of getting at — you’re kind of minimizing that this is a strategic move by Putin, but if he were to successfully dominant Ukraine it becomes a Russian satellite isn’t that saying like, “Well, ha ha West, you thought the Cold War was over and there’s going to be just be a unipolar world in the future but no, we’re gonna we have this we’re back and we’re gonna create a multipolar world for the future.”
Baer: Yeah, I mean, my answer to the Russians who always raise the multipolar world to me is, “Fine, it’s going to be a multipolar world. What makes you think that Russia is one of the poles?” Poles by definition draw people to them, they are compelling and a pole attracts, magnetically or otherwise, and there is nothing attractive about the model that Russia is pursuing. And if the only way that you can be a pole is by subjugating, to force your neighbors, you are proving that you are not one.
I think the benefits for Russia are far smaller than Putin thinks and I think the consequences for the rest of the world of allowing a violation of international order to go forward are much larger than many people recognize.
Blade: But that was their approach when they were the Soviet Union. They were subjugating the Eastern Bloc through Russian force. They did have, in theory, the concept of their worldview of you know, of socialism, or whatever you want to put it charitably, was going to be the right way to go. Is there really that much of a difference?
Baer: Yeah, however disingenuous it was, they did have an ideology . So you’re right, that was a key distinction. The other thing is that the Soviet Union in relative size — its economy and population etc. — was much larger than Russia is today. And Russia is shrinking, and its economy is less diverse than the Communist one was. I think it’s a delusion to think that they’re going to kind of rebuild an empire, even if yes, because of their willingness to do awful things, they could potentially for a time politically control through violence, their neighbors. I just don’t — in a multipolar world, I don’t see Russia being one of the poles, at least not on its current path.
Blade: How would you evaluate the U.S. diplomatic approach to this issue?
Baer: There’s been very clear over-the-top effort to include the Europeans at every step — meetings with them before each meeting and after each meeting, to force conversations into fora that are more inclusive and stuff like that. And I think that Secretary Blinken is rightly recognizing the need to kind of play a role of kind of keeping everybody on the side while we test whether diplomacy whether there’s anything to do, whether there’s any promise with diplomacy.
I think there’s kind of, sometimes kind of, two camps in U.S. foreign policy circles. One is like: We should give the Russians what they want because it just doesn’t matter that much. War is much worse than anything that we would give them. And another is that we can’t give them an inch and we have to punch them in the face whenever we can. And I think both of those are kind of knee-jerk positions that have become a bit religious for people and neither of them is paying attention to the practical challenge that’s in front of the administration, which is like this guy’s threatening to invade and we need to identify whether there’s any opportunity for a functional off ramp, and that doesn’t mean we do that in a vacuum and ignore the long-term consequences, but our problem is not a religious one, it’s a practical one. And I think they’re doing a pretty good job of threading the needle on that and being not too far forward and not too far back.
Blade: Do you see any significant daylight between the United States and Europe?
Baer: No, I mean, no more than the minimum that is possible. There’s a lot of talk about Germany these days. Look, I think some of the things they say are not particularly helpful, but I don’t actually think that in the long run, if Putin invaded, I don’t think that they would hold up sanctions or anything like that. So I think they’re on our side, even if they’re talking out of both sides, in some cases.
Blade: I am wise to the fact that this is a nuclear power. It might be a little old school, but could escalation get that far?
Baer: There can’t be war. There can’t be war between NATO and Russia. It should be avoided. Obviously, there can be, but it should be avoided.
Blade: How committed do you think President Biden is to protecting Ukraine?
Baer: Reasonably so. I think he’s enough of an old school trans-Atlantist that he understands that this isn’t just about Ukraine.
Blade: I was wondering because he had those comments from his press conference about “minor incursion” and I’m just wondering if you’re reading anything into that or not.
Baer: No, I think that was that was a — I think broadly speaking, everything he says is in line with the kind of view that you would expect. And of course, one sentence can catch [attention]. That wasn’t what he meant. What he meant was that he didn’t want to draw a “red line” that would prejudge policy in response to something short of the most extreme scenario.
I think it is a good caution to not obsess over a single sentence and to look at the broad considered policy statements.
Blade: What do you think if you were looking for developments, like what would you be looking out for is significant in terms of where we are going to be going in the near future? This is one thing to keep an eye out for but is there anything else that you are kind of looking out for in terms of the near future?
Baer: I guess I would look out for whether or not the United States joins meetings of the so-called Normandy Format, which is the France, Germany, Ukraine and Russia grouping, which has so far been unsuccessful, but I think can only be successful as the United States joins it, but the Russians, I think have misgivings with the idea of our joining it.
Blade: I’m not at all familiar with that. What makes this forum particularly so —
Baer: So it was started in the summer in like June of 2015, on the margins of some meeting between Merkel and Hollande. The French and the Germans are very committed to the idea that they might be able to mediate peace between Ukraine and Russia. It was supposed to implement the Minsk Agreement, and it just hasn’t been productive so far. I don’t think that the Russians will do anything — I don’t think the Ukrainians feel comfortable negotiating anything without the Americans at the table. And I don’t think the Russians feel like anything is guaranteed without the Americans at the table. So I just, I’m fine with France and Germany taking the lead, but I think the U.S. has to be there.
And there was a meeting of this group in Paris yesterday, and which the U.S. was supportive of, and so I’m watching to see whether or not the United States gets added in some ad hoc way, whether there are future meetings. I guess the reason I would watch it, if the U.S. were to join future meetings that would signal to me that it’s actually there’s some diplomacy happening there.
That’s meant to be focusing mainly on the existing Russian invasion, the occupation of the Donbas, so that’s not about the threat of the new invasion, but it would be interesting to me if there was forward movement on other parts of Ukraine. The announcement of the American ambassador is one. I think that last week movement of troops into Belarus was a game changer for the U.S., because there are all kinds of new implications if you’re using a third country as your launchpad for war, and so it complicates things and it also looks more serious if you’re starting to deploy to third countries and stuff like that. So I think that was that last week, you noticed a difference in the U.S. tone and tenor in response to that.
So things like that. But in general, like what I would do and I don’t think people always catch this is because there’s a boiling frog aspect to it. There are statements coming out from the White House or State Department. Almost every day on stuff related to this and like last week, there was a noticeable change in the tenor as the U.S. became less, I think more pessimistic about the prospects of diplomacy and those I don’t have anything better to look for in those statements as tea leaves, in terms of what the U.S. assessment is of the prospects of the escalation are, so it’s bad.
Blade: Right. That’s very sobering.
There’s a lot of talk, and I’ve just been seeing some like about in terms of, there’s like comparisons to Afghanistan and making sure that all Americans are able to get out of Ukraine. Is that comparing apples to oranges?
Blade: And could you unpack that a little bit? I mean, I can kind of guess the reasons why. How is that apples to oranges?
Blade: Well, the level of development in Ukraine in terms of infrastructure and transport and stuff like that is not comparable to Afghanistan. I think it would be– if there were a Russian invasion–you would definitely want to, obviously, for safety reasons, it’s not safe to be in a war zone, so you would want people to be able to evacuate and you’d have to plan for that.
A major concern [in Afghanistan] was also that there were tens of thousands, if not hundreds of thousands of locals who had worked for the Americans. The Americans that are in Ukraine are not a departing occupying power. There’s just not the same footprint there — the Americans are in Ukraine or there as business people or young [people working on] democracy assistance or whatever. And it’s just it’s a different context.
Blade: Why do you think the Russians put up with Putin? I mean, this is a country that was a world power and I would think has some economic potential just given its sheer size, first of all, and they do have oil to offer people. So why aren’t the Russians like angry at him for obstructing their participation in the global order as opposed to just putting up with him for years and years and years.
Baer: Successful instrumentalisation of cynicism. The lack of a belief in an alternative will keep you from fighting for it.
Blade: That’s pretty succinct.
Baer: I mean, I don’t think there’s any question that the people of Russia could be better off or different in terms of kitchen table issues, and ease of navigating the world, prospects for their future for their children’s future. The amount of money that Putin has invested into military modernization that Russia can ill afford, while he’s cut pensions and social services and health care. It’s just it’s objectively true that the average Russian person would be better served by a different leader. But he’s done a very good job of effectively selling off the country for profit and persuading people through repression and propaganda that there is no alternative.
Blade: And Putin won’t be around forever. Once he finally goes, is an alternative going to emerge, or will it be the next guy in Putin’s mold?
Baer: I think it’s far from clear that what comes after Putin isn’t worse and bloody. Regimes like this don’t reliably have stable transitions.
Blade: Wow, okay.
Baer: Yeah, we shouldn’t… we should be careful about wishing… wishing for his demise.
Blade: That’s good to know. It’s kind of a frightful note for me to end my questions. But actually before I sign off, there’s one more thing too because I do kind of want to talk about the intersection about your old job in democracy and human rights and then a Venn diagram of that with your experience in Eastern Europe in particular. Do you have a sense of what’s at stake for LGBTQ people in Ukraine or if they’re in more danger right now than they would be otherwise?
Baer: That’s a good question. I mean, my knee jerk reaction is yes. That — as mixed of a picture as Ukraine has been in the last seven years, or eight years — there have been meaningful steps forward, and certainly, in terms of visibility.
I guess, in the sense that Ukraine is better than Russia today, if you’re gay, if Russia is going to occupy or control Ukraine we can expect that it will get worse because it will become more like Russia.
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