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State Department expresses concern over anti-LGBTQ bill in Uganda

Measure would further criminalize consensual same-sex sexual acts

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A State Department spokesperson on Wednesday expressed concern over the passage of a bill in Uganda that would further criminalize consensual same-sex sexual acts.

Ugandan lawmakers on Monday passed the Sexual Offenses Bill 2019, which contains a provision, known as Clause 11, that would explicitly ban “penetration of another person’s anus with that other person’s sexual organ or with any object” and “sexual acts between persons of the same gender.”

“We’re certainly concerned about the legislation in Uganda,” said State Department deputy spokesperson Jalina Porter in response to the Washington Blade’s question about the bill during a briefing with reporters.

Consensual same-sex sexual acts are already criminalized in Uganda.

President Yoweri Museveni in 2014 signedĀ the Anti-Homosexuality Act, which imposed a life sentence upon anyone found guilty of repeated same-sex sexual acts. The law was known as the “Kill the Gays” bill because it previously contained a death penalty provision.

The U.S. cut aid to Uganda and imposed a travel ban against officials who carried out human rights abuses. Uganda’s Constitutional Court later struck down the Anti-Homosexuality Act on a technicality.

Sexual Minorities Uganda in a statement said the Sexual Offenses Bill 2019 criminalization provision “will enhance the already homophobic environment in Uganda and consequently lead the way for further violation of the rights of sexual and gender minorities, including violations such as ‘corrective rape’ and other acts of violence.” The Ugandan LGBTQ advocacy group has also called for Museveni to veto the measure over the clause.

“Sexual Minorities Uganda calls on the president of the Republic of Uganda to consider not assenting to the bill because of the problematic Clause 11 that now classifies sexual and gender minorities as sexual offenders,” said SMUG in its statement. “Rather, we call on the president to reminisce on the effects the now repealed Anti-Homosexuality Act had on the human rights discourse for sexual and gender minorities.”

OutRight Action International Executive Director Jessica Stern also condemned the bill.

ā€œSame-sex relations are already criminalized in Uganda’s Penal Code,” said Stern in a press release. “The inclusion of same-sex relations in this bill paints LGBTQ people as sexual offenders, and can only serve one purpose ā€” to fuel already rampant LGBTQ-phobia, discrimination and violence. It is deplorable. The colonial legacy of criminalizing same-sex relations must end.ā€

The Biden administration in February issued a memorandum that committed the U.S. to promoting LGBTQ rights abroad.

“The United States certainly stands up and defends the human rights of our LGBTQI+ persons all around the world and we also stand firmly in opposing violence and discrimination against all LGBTQI persons and will also urge governments to criminalize their status or conduct,” said Porter during Wednesday’s briefing.

“We will continue to condemn any violence or discrimination of vulnerable populations including our LGBTQI+ people, whether they’re in Uganda or anywhere in the world,” added Porter.

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Congress

Protests against anti-trans bathroom policy lead to more than a dozen arrests

Demonstrations were staged outside House Speaker Mike Johnson’s (R-La.) office

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Protest outside House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building (Washington Blade photo by Christopher Kane)

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.

Demonstrators held banners reading ā€œFLUSH BATHROOM BIGOTRYā€ and ā€œCONGRESS: STOP PISSING ON OUR RIGHTS!ā€ They chanted, ā€œSPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!ā€ and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.

U.S. Rep. Nancy Mace (R-S.C.) (Washington Blade photo by Christopher Kane)

Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested ā€” poor things.”

“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney ā€” I doubt many of you can ā€” one will be provided to you at the government’s expense,” she said.

ā€œEveryone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,ā€ Gender Liberation Movement co-founder Raquel Willis said in a press release.

ā€œIn the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”

Willis continued, “But we canā€™t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.ā€

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South Africa

WorldPride 2028 to take place in Cape Town

South Africa is first African country to host event

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(Photo courtesy of Michael Gladwin)

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in MedellĆ­n, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,ā€ said Cape Town Pride CEO Tommy Patterson. ā€œA few weeks ago, in MedellĆ­n, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.ā€

ā€œCape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Pattersonā€™s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,ā€ said Gladwin. ā€œA heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Townā€™s LGBTQ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as ā€œgarbageā€ and ā€œfilthā€ that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,ā€ said Bougardt. ā€œThe city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

ā€œJust as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we donā€™t want it in Cape Town,ā€ he added. ā€œI pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

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U.S. Supreme Court

Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law

Oral arguments in U.S. v. Skrmetti case took place Wednesday

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(Washington Blade photo by Michael Key)

At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.

Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennesseeā€™s ban on gender-affirming care each stationed with podiums on opposite sides.

Trans rights protesters, who significantly outnumbered the other group, held signs reading ā€œKeep hate out of healthcare,ā€ and ā€œRespect family medical decisions.ā€ On the other side, protesters carried signs with messages like ā€œSex change is fantasy,ā€ and ā€œStop transing gay kids.ā€

Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth. 

ā€œI grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.ā€

The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth. 

A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights. 

In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions. 

ā€œAmericans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,ā€ he said. 

Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago childrenā€™s hospital, emphasized the importance of trans youth having access to gender affirming care. 

ā€œWe [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,ā€ Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. ā€œTransgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care ā€” their lives depend on it.ā€

Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care. 

Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.  

An unlikely coalition came out to support Tennesseeā€™s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh ā€” both of whom have a history of making homophobic statements ā€” were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers.Ā 

TheĀ groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was ā€œco-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,ā€Ā said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be ā€œmedicalized.ā€Ā 

ā€œI care about the adult gay detransitioners who have been harmed ā€¦ by these homophobic practice,ā€ he said ā€œThey should have just been told they’re gay.ā€Ā 

Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesnā€™t oppose gender affirming care for adults but is opposed to ā€œmedical experimentation on children.ā€

ā€œI think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,ā€ she said. ā€œI was not able to make that decision. I was a child.ā€ 

(Washington Blade photo by Michael Key)

But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.

ā€œThere’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults ā€” they haven’t yet ā€” but I think that’s something we might also see if the Supreme Court rules that way,ā€ Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.

In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty. 

A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.

ā€œWe really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,ā€ Rice said. 

Twenty-six states currently have laws or policies restricting minorsā€™ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide. 

Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful. 

ā€œI hope that the court will ā€¦ step outside agendas and look at the needs of people and who has the right to say what’s good for their children,ā€ she said.

Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing. 

ā€œWhatever happens, we are the defiance,ā€ Strangio said. ā€œWe are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June ā€” whatever the court decides.ā€

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