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‘We’re still very much in the healing phase’

Saturday marks five years since Pulse nightclub massacre

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The interim memorial at the Pulse nightclub in Orlando, Fla., on May 31, 2020 (Washington Blade photo by Michael K. Lavers)

Saturday marks five years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.

A remembrance ceremony will take place at the site, which is now an interim memorial. A number of other events to honor the victims will take place in Orlando and throughout Central Florida over the coming days.

“We’re still very much in the healing phase and trying to find our way,” Pulse owner Barbara Poma told the Washington Blade on Tuesday during a telephone interview.

The massacre at the time was the deadliest mass shooting in modern U.S. history.

Nearly half of the victims were LGBTQ Puerto Ricans. The massacre also sparked renewed calls for gun control.

Poma told the Blade that she expects construction will begin on a “Survivor’s Walk” at the site by the end of the year. A museum ā€” which she described as an “education center” that will “talk about the history of the LGBT community and its struggles and stripes for the last century or so … about why safe spaces were important to this community” and what happened at Pulse and the global response to it ā€” will be built a third of a mile away.

“We really feel it is important to never forget what happened at Pulse and to tell the story of that,” said Poma.

Poma noted the onePULSE Foundation of which she is the executive director met with representatives of the 9/11 Tribute Museum and the Oklahoma City National Memorial and Museum to discuss the memorial. Poma when she spoke with the Blade acknowledged the plans have been criticized.

“This kind of opposition is not unique to these kind of projects,” she said.

“It’s just important to know that really what we’re trying to do is make sure what happened is never forgotten and those lives were never forgotten,” added Poma.

Poma on Tuesday declined to comment on the lawsuits that have been filed against her, her husband and the onePULSE Foundation in the wake of the massacre.

DeSantis’ anti-LGBTQ policies overshadow anniversary

The Blade this week spoke with Equality Florida CEO Nadine Smith, state Rep. Carlos Guillermo Smith (D-Orlando) and other activists and elected officials in Florida and Puerto Rico who were part of the immediate response to the massacre.

Equality Florida raised millions of dollars for survivors and victims’ families. CEO Nadine Smith on Tuesday told the Blade during a telephone interview that Equality Florida in the massacre’s immediate aftermath pledged to honor the victims “with action by uprooting hatred at its source and from that time we have invested deeply in safe and healthy schools.”

“Schools are a shared cultural experience where the attitudes of ignorance and fear and animosity and violence towards others either get challenged or encouraged,” said Smith. “Five years later I look at how far this work has come and at the same time, I’m very aware of the backlash that we are facing, particularly in our schools with laws targeting trans youth specifically.”

Republican Florida Gov. Ron DeSantis on June 1 signed a bill that bans transgender athletes from participating in high school and college sports teams that correspond with their gender identity. The governor the following day vetoed funding that activists say would have funded programs for Pulse survivors and homeless LGBTQ youth.

Carlos Guillermo Smith, a gay man who represents portions of Orlando, on Tuesday described DeSantis as “callous.”

“The governor’s actions are a reminder that five years after the attack at Pulse nightclub, we have a lot of work to do to push back against homophobia and transphobia,” said Carlos Guillermo Smith. “The Orlando community is very supporting and accepting of the LGBTQ community, but when you see what’s happening at the Governor’s Mansion in Tallahassee, you realize that there’s a lot of work to be done.”

Pedro Julio Serrano, associate director of Waves Ahead, an LGBTQ service organization in Puerto Rico, described the massacre’s impact in the U.S. commonwealth as “permanent in our collective memory.” Serrano also noted violence against trans Puerto Ricans remains rampant.

“We are now the epicenter of anti-trans violence in the U.S. and its territories,” said Serrano. “After five years, we still confront this hatred that doesnā€™t seem to stop. We will continue to fight until all of us are safe.”

the Pulse nightclub massacre, gay news, Washington Blade
A plaque in Third Millennium Park in San Juan, Puerto Rico, pays tribute to the victims of the Pulse nightclub massacre. (Washington Blade photo by Michael K. Lavers)

Tony Lima, a long-time Florida-based activist who is currently CEO of Arianna’s Center, an organization that serves trans women of color in Florida, the South and Puerto Rico, helped organize vigils and blood drives in the days after the massacre.

“We knew how important it was to aid our family in Orlando in this immediate crisis,” Lima told the Blade on Monday. “Orlando and South Florida are intrinsically connected. We often share resources in nightlife, events, advocacy and a lot of the same people … so I think there was a natural synergy there.”

Lima, like Nadine Smith and Carlos Guillermo Smith, sharply criticized DeSantis for signing the anti-trans bill and for vetoing funds for Pulse survivors and homeless LGBTQ youth. Lima also lamented the lack of progress on gun control.

A gunman on Feb. 14, 2018, killed 17 people at Marjory Stoneman Douglas High School in Parkland, Fla. Lima told the Blade there have been two deadly mass shootings in South Florida in recent days.

“We have a huge problem when it comes to gun control in this country, and sadly five years later we haven’t made a whole lot of progress,” he said.

The Florida Capitol in Tallahassee, Fla., on July 31, 2020. Republican Gov. Ron DeSantis has faced sharp criticism from activists over his anti-LGBTQ policies. State lawmakers have also been criticized over their inaction on gun control. (Washington Blade photo by Yariel ValdƩs GonzƔlez)

Orlando’s support of LGBTQ rights part of ‘bigger call to action’

Felipe Sousa-Lazaballet is the senior specialist for inclusion, diversity and equity for the city of Orlando’s Office of Multicultural Affairs. He is also Mayor Buddy Dyer’s LGBTQ liaison.

Orlando City Hall on June 1 raised the Pride flag in commemoration of Pride month.

Sousa-Lazaballet noted the fountain in Lake Eola Park in downtown Orlando was the colors of the trans Pride flag in commemoration of the International Transgender Day of Visibility. Orlando in 2019 became the first city in Florida to include National LGBT Chamber of Commerce-certified businesses in its municipal contracting and procurement programs.

“All of that is part of that bigger call to action, which is we want to honor the 49,” said Sousa-Lazaballet. “But we also want to with action by making the city an even more welcoming place for all.”

Sousa-Lazaballet, Carlos Guillermo Smith and Nadine Smith all told the Blade the way that Orlando, Central Florida, the country and the world responded to the massacre remains a source of pride.

“I think about how many messages there were in the aftermath that called on the worst instincts in people to be fearful of each other, to hate people as a group, to cower and to hide and I will never forget and have been changed by the Orlando community, how the nation and in fact globally people responded to the absolute opposite,” said Nadine Smith. “That is a light that I hold on to.”

Poma echoed Nadine Smith.

“We hope that our goal is to create that beacon of light that can come out of such darkness,” said Poma. “Darkness is a really dangerous place to get stuck in and so while we all wish what happened on June 12 never happened, it did and it’s now our moral and social responsibility to do something with that and that for me is creating light and change from what we all endured.”

A mural in Orlando, Fla., in the months after the Pulse nightclub massacre. (Washington Blade photo by Michael K. Lavers)
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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows ā€œderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that ā€œit is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ā€œtext, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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Federal Government

EXCLUSIVE: USAID LGBTQ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and transgender women. Gilliam noted lesbian, bisexual and queer women and trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.Ā Ā 

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.SĀ imposed visa restrictionsĀ on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announcedĀ the suspension of new loansĀ to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act ā€œfurther increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.ā€ The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law.Ā 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Texas

Pornhub blocks Texas accessing site over age verification law

Court battle forced statute to take effect

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Washingtonporn Blade graphic

Aylo (formerly MindGeek) the largest global adult online entertainment conglomerate, owned by Canadian private equity firm Ethical Capital Partners, has restricted access to its platforms including its flagship Pornhub in Texas after a court battle forces the state’s age verification law to take effect.

Texas Republican Attorney General Ken Paxton had appealed a U.S. District Court decision that enjoined him from enforcing House Bill 1181. Paxton and others argued that purveyors of obscene materials online needed to institute reasonable age-verification measures to safeguard children from pornography.Ā 

A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.Ā 

ā€œApplying rational-basis review, the age-verification requirement is rationally related to the governmentā€™s legitimate interest in preventing minorsā€™ access to pornography,ā€ the three judge panel of the 5th Circuit explained. ā€œTherefore, the age-verification requirement does not violate the First Amendment.ā€

While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower courtā€™s injunction against a separate section of the law that would require pornography websites to display a health warning on their landing page and all advertisements. 

Texas users are greeted with this notice.

The Houston Chronicle reported people who go to the site are now greeted with a long message from the company railing against the legal change as ā€œineffective, haphazard, and dangerous.ā€ The company calls for age verification by the makers of devices that let people on the internet, instead of individual websites.

Age verification legislation was enacted in several states in 2023 in addition to Texas, including North Carolina, Montana, Arkansas, Louisiana, Mississippi, Utah and Virginia.

The new laws require users to provide digital confirmation via a certified approved third party vendor like London-based digital identity company Yoti. The other possibility would be a state approved digital ID such as the California DMVā€™s Wallet app, which contains a mobile driverā€™s license.

Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the stateā€™s digital ID system, known as LA Wallet. The law passed in 2022 subjects adult websites to damage lawsuits and state civil penalties as high as $5,000 a day if they fail to verify that users are at least 18 years old by requiring the use of digitized, state-issued driverā€™s licenses or other methods.

The Associated Press reported this past October that an adult entertainment groupā€™s lawsuit against a Louisiana law requiring sexually explicit websites to verify the ages of their viewers was dismissed by U.S. District Judge Susie Morgan in New Orleans.

Texas users are greeted with this notice.

Potential or existing Pornhub users in North Carolina and Montana are directed to a video that features adult film star Cherie DeVille, who recites a message also written under the video.

ā€œAs you may know, your elected officials in your state are requiring us to verify your age before allowing you access to our website. While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users and in fact, will put children and your privacy at risk.ā€

ā€œMandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,ā€ the statement continues. ā€œAs weā€™ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.ā€

ā€œUntil a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]ā€ the message ends with.

The company previously blocked Utah on May 7, 2023. CNN reported at the time:

Affected users are shown a message expressing opposition toĀ Senate Bill 287, the Utah law signed by Gov. Spencer Cox in March that creates liability for porn sites that make their content available to people below the age of 18.

ā€œAs you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,ā€ the message said. ā€œWhile safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.ā€

Courthouse News reportedĀ that after Virginiaā€™s bill was passed in June, state Sen. L. Louise Lucas, a Democrat, criticized the state for not creating a system for age verification, and instead leaving it up to websites to manage the process, citing security risks.Ā Ā 

ā€œWe passed a bill during this session to protect children from online porn. However the executive branch had an obligation to create a system for age verification,ā€Ā Lucas saidĀ on X, formerly Twitter. ā€œWe will continue our work to keep pornography out of the hands of minors ā€¦ but we will also work to ensure that this Governorā€™s error does not put the privacy of Virginians at further risk.ā€

Beyond the U.S. in the European Union, Pornhub and two more of the worldā€™s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EUā€™s Digital Services Act.

According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as ā€œvery large online platformsā€ subject to more stringent controls under the Digital Services Act because they each have 45 million average monthly users, according to the European Commission, the EUā€™s executive branch.

They are the first porn sites to be targeted by the sweeping Digital Services Act, which imposes tough obligations to keep users safe from illegal content and dodgy products, the Associated Press reported last month.

In addition to the adult entertainment websites, any violations are punishable by fines of up to 6% of global revenue or even a ban on operating in the EU. Some 19 online platforms and search engines have already been identified for stricter scrutiny under the DSA, including TikTok, Amazon, Facebook, Instagram, Google and more.

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