National
LGBTQ community shared nation’s grief after 9/11 attacks
Gay passenger may have helped stop hijackers from crashing into White House
Many in the LGBTQ community throughout the country were expected to join their friends, neighbors, and family members this week in commemorating the 20th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside Washington, D.C., as well as a hijacking that ended with a crash in Shanksville, Pa.
Activists involved with local and national LGBTQ advocacy organizations have said they recall a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.
A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of 78 countries, according to history.com.
“The gay, lesbian, bisexual, and transgender communities and those living with HIV/AIDS have worked diligently to overcome other forms of evil, whether it be bigotry or violence,” said A. Cornelius Baker, who at the time was executive director of D.C.’s Whitman-Walker Clinic, in a statement during the week of the 9/11 attacks.
“And we will stand side by side with our fellow Americans and our fellow citizens of the world to do everything we can to overcome this new threat to humanity,” Baker said
For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the victims of the 9/11 attacks because same-sex partners were not legally recognized.
At the urging of LGBTQ rights organizations, state, and local officials in New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners in programs under their control. Officials with a massive, multi-million-dollar federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners.
The officials, in the administration of President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside New York and the D.C. area.
Among those who lost their lives in the 9/11 attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the National Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.
Also among the terrorists’ victims in the 9/11 attacks was public relations executive and rugby enthusiast Mark Bingham of San Francisco, who contacted his mother by cell phone shortly before the United Airlines jet he was taking from Newark, N.J. to San Francisco crashed into the countryside in western Pennsylvania.
Surviving family members of other passengers on that flight have said they too were called by their loved ones who told them some of the passengers were planning an attempt to somehow regain control of the jet from the terrorists.
Bingham’s mother, Alice Hoagland, who at the time was a United Airlines flight attendant, said she believed her son joined other passengers to prevent the terrorists from carrying out what authorities said was their plan to crash the jet into the U.S. Capitol or possibly the White House. She said her son’s reputation as a fighter for civic justice, along with a past episode where he fought off muggers, led her to believe he was among those who foiled the terrorists’ plans to fly the jet to Washington.
An investigation into the 9/11 attacks by a federal 9/11 commission later found that flight data recordings from the cockpit of United Airlines Flight 93, where Bingham was among 44 people aboard, showed that one of the four hijackers who took control of the jetliner shortly after its takeoff responded to an attempt by passengers to storm the cockpit by deliberately steering the plane into a downward direction at about 500 miles per hour, causing it to crash into an empty field near the town of Shanksville in western Pennsylvania at 10:10 a.m. All 44 people were killed.
“The fact that he was so close to the action, it is likely that he was able to get at these guys,” Hoagland told the Associated Press. “It gives me a great deal of comfort to know my son may have been able to avert the killing of many, many innocent people,” she said.
Hoagland became an outspoken advocate for LGBTQ rights and for the gay rugby teams that Mark Bingham helped to create in the years after her son’s death. She died on Dec. 22, 2020, of natural causes at the age of 71 at her home in Los Gatos, Calif., according to the Associated Press.
Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds to oversee efforts by Arlington firefighters to rescue Pentagon workers on the day of the attack.
Fisette noted that the Pentagon is in Arlington County, and it was largely the county’s firefighters and emergency medical teams that put out the fire caused by the jetliner crash and provided medical assistance to survivors of the crash.
At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.
“Tonight, our community gathers as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our county, as Americans who love our country,” he said.
“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fisette told participants at the gathering.
Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’ funeral mass at D.C.’s St. Matthews Cathedral.
More than a dozen uniformed company pilots and flight attendants attended the mass. In a news release issued in June of this year, American Airlines mentions Charlebois’ relationship with Hay and tells how Hay stood with Charlebois when Charlebois pushed for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.
“David was an early member of the NGPA,” the American Airlines statement says. “His contribution helped ensure ongoing progress toward fairness and solidarity,” it says.
Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for legal recognition of same-sex marriage.
Ros Levi, who in 2001 served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda, or ESPA, said his group became aware that same-sex partner survivors were being treated differently when New York City and private relief agencies like the Red Cross set up an emergency station on a pier along the Hudson River. The station was intended to help people find a family member missing and as yet unaccounted for in the World Trade Center carnage.
“Literally, [gay] people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” Levi told the Washington Blade in 2011 when the Blade reported on the 10-year anniversary events related to the 9/11 attacks.
“You were nervous and scared and sad and then you had to go through that,” Levi said. “And worse, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”
Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change policies and laws to correct the situation. Among other things, activists were pleased when New York’s then GOP Gov. George Pataki issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.
The New York State Legislature soon took its own action by approving three separate bills that included same-sex partner survivors in various state benefits to be allocated to 9/11 survivors and their families.
“The grief and loss were the same between heterosexual and same-sex couples, and a perception of this seemed to come through to much of the public,” said Jennifer Pizer, the then senior counsel for the LGBTQ litigation group Lambda Legal.
In a separate development, Lambda Legal, ESPA, the Human Rights Campaign and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program.
“The Family Fund was established in December [2001] to help offset the discrimination gay and lesbian partners faced in obtaining benefits automatically afforded to surviving spouses, including Social Security and Workers Compensation survivor benefits and compensation under the Federal 9/11 Victims Compensation Fund,” ESPA said in a statement.
Among the other gay people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center to assist firefighters shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported this week.
“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBT related stories prior to the 9/11 attacks. “When gays were kept out of the St. Patrick’s Day Parade, he gave me an interview on the street telling me how terrible it was for us to be discriminated against and for the church to be doing it,” Humm told the Blade.
“I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” said Humm. “And he was equally beloved by the Fire Department, there at every major fire tragedy in the city, lending moral support to firefighters.”
New Ways Ministries, the Maryland based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, has announced it is reaching out to other faith-based organizations, asking them to form an association to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him.
Francis DeBernardo, New Ways Ministries’ executive director, has written a biography of Judge, which the group says will be published in March 2022 by Liturgical Press, one of the larger Catholic publishers.
A gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David Brandhorst, were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, a lawyer and Gamboa, the manager of a Santa Monica Gap store, had adopted 3-year-old David when he was an infant.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
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 “derisive, 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 “it 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 “text, 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.
Federal Government
EXCLUSIVE: USAID LGBTQ coordinator visits Uganda
Jay Gilliam met with activists, community members from Feb. 19-27
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.
US sanctioned Ugandan officials over Anti-Homosexuality Act
The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.
The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further 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.” 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.
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.
Texas
Pornhub blocks Texas accessing site over age verification law
Court battle forced statute to take effect
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.
A week ago the 5th U.S. Circuit Court of Appeals partially vacated the original injunction, ruling that the age verification requirements are constitutional.
“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” the three judge panel of the 5th Circuit explained. “Therefore, the age-verification requirement does not violate the First Amendment.”
While the court vacated the injunction against the age-verification requirement of the statute, it upheld the lower court’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.
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 “ineffective, haphazard, and dangerous.” 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 DMV’s Wallet app, which contains a mobile driver’s license.
Users accessing Pornhub from within Louisiana are presented with a different webpage that directs them to verify their age with the state’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 driver’s licenses or other methods.
The Associated Press reported this past October that an adult entertainment group’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.
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.
“As 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.”
“Mandating age verification without proper enforcement gives platforms the opportunity to choose whether or not to comply,” the statement continues. “As we’ve seen in other states, this just drives traffic to sites with far fewer safety measures in place.”
“Until a real solution is offered, we have made the difficult decision to completely disable access to our website in [the aforementioned locales]” 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 to 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.
“As you may know, your elected officials in Utah are requiring us to verify your age before allowing you access to our website,” the message said. “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.”
Courthouse News reported that after Virginia’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.
“We 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,” Lucas said on X, formerly Twitter. “We will continue our work to keep pornography out of the hands of minors … but we will also work to ensure that this Governor’s error does not put the privacy of Virginians at further risk.”
Beyond the U.S. in the European Union, Pornhub and two more of the world’s biggest porn websites face new requirements in the European Union that include verifying the ages of users, under the EU’s Digital Services Act.
According to a December 20 report from the Associated Press, Pornhub, XVideos and Stripchat have now been classed as “very large online platforms” 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 EU’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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