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Grenell emails hint at initial steps in Trump effort to decriminalize homosexuality

State Dept. identified 10 countries for int’l efforts

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Ric Grenell, Richard Grenell, gay news, Washington Blade
Richard Grenell's emails hint at groundwork for campaign to decriminalize homosexuality. (Photo public domain)

Emails from the State Department ā€” obtained by the Washington Blade from a lawsuit filed under the Freedom of Information Act ā€” reveal the Trump administration had at least laid the preliminary groundwork for a global campaign to decriminalize homosexuality to the extent of identifying 10 countries where it was thought most possible.

The initial seven-page batch of emails, obtained by the FOIA lawsuit seeking communications from former U.S. Ambassador Richard Grenell in his capacity as leader of the initiative to decriminalize homosexuality, was delivered to the Blade last month and hints at initial steps toward a plan shortly after the announcement of the initiative. 

It’s unclear from the initial production what further efforts, if any, sprang from the identification of these 10 countries. Critics at the time said the campaign was nothing but window-dressing to cover up for anti-LGBTQ policies during the Trump administration.

In an exchange dated Aug. 23, 2019, an assistant to Grenell forwards an email from an individual whose identity is redacted on an edited list of 10 countries where “we believe decriminalization is possible.” Copied on the email is Robin Quinville, who was deputy chief of mission in Berlin.

“Per your request, attached and edited below is the list of 10 countries where LGBTI decriminalization is possible ā€” with your and Robin’s edits incorporated,” the email is redacted.

The names of the 10 countries, however, are redacted in the exchange provided to the Blade, as is an apparent Word document attached in the exchange with a short justification for each of the countries. Also redacted are the names of two agencies an assistant in the email identifies as having “cleared” the list. 

The assistant tells Grenell the State Department’s Bureau of Democracy, Human Rights and Labor hasn’t yet responded, but the embassy “will forward their list when we receive it.”

As a result of the redactions, the identity of the 10 countries is unknown at this time. The early production given the Blade in response to a FOIA request filed in September 2020 offers no indication on the extent to which the State Department conducted further efforts to change the law in these countries, or whether there was any engagement after identifying them.

Grenell didnā€™t respond to the Bladeā€™s request for comment for this article on how the identification of these 10 countries informed efforts to decriminalize homosexuality. Quinville couldnā€™t be reached for comment.

The initial FOIA production also includes an earlier exchange between an assistant and Grenell dated June 11, 2019, shortly after Botswana became the latest country to decriminalize homosexuality, forwarding a link to a Washington Post article on that news. The name of the assistant is redacted and may or may not be the same as the one in the other exchange.

“Some good news coming out of Botswana! Their High Court ruled today that parts of the penal code criminalizing same-sex conduct are unconstitutional,” the unidentified assistant writes.

Grenell is short in his reply: “I just tweeted about it.” It’s not clear whether or not Grenell contributed to the decriminalization efforts in Botswana other than the tweet he references. The assistant goes on to share a link from a tweet from the State Department spokesperson congratulating Botswana.

Other countries addressing the criminalization of homosexuality after the Trump administration’s initiative was announced were Gabon, which became one of the few countries in sub-Saharan Africa to decriminalize homosexuality, and Sudan, which eliminated the death penalty as punishment for homosexual conduct (although the punishment remains prison time from five years to life). 

Thereā€™s no evidence those changes happened as a result of the global initiative Grenell led. One of the aims of the Blade’s FOIA lawsuit is to shed light on any activity from the U.S. government during the Trump administration in assisting with efforts, successful or otherwise, to decriminalize homosexuality.

The redactions on the production in the FOIA lawsuit may not be the last word. FOIA was amended in 2016 to clarify federal agencies cannot redact deliberative language without demonstrating revealing that information would cause ā€œforeseeable harm.ā€ The Blade, represented by attorneys at Davis Wright Tremaine, LLP, will have the opportunity to challenge these redactions once the FOIA production is complete.

At the time the lawsuit was filed, the State Department cited a “sizable universe of potentially responsive records” numbering in the thousands of pages as a reason for being unable to produce the records in a more timely manner. The initial seven pages produced by the State Department are an extremely small percentage of that total.

An unnamed State Department official, in response to an inquiry submitted by the Blade’s attorneys on the reasons for the initial limited production, fell back on the ongoing coronavirus pandemic and overwhelming nature of the work, citing a need to consult “subject matter experts” before disclosing potentially sensitive material.

“That process can take considerable time, particularly given the substantial constraints that have been imposed by the ongoing COVID-19 pandemic,” the State Department response says. “Thus, itā€™s not necessarily the case that the size of the potentially responsive universe returned by your clientā€™s request should dictate the size of Stateā€™s first production. Similarly, a small production set does not necessarily entail that State has not processed a sizeable number of records during the preceding processing cycle.”

The Blade, through its attorneys, has asked the State Department to determine how much of the ā€œsizable universeā€ has been reviewed and determined to be responsive or non-responsive (ā€œfully processedā€) and how long would the process involving subject matter experts take.

Daniel Fiedler, representing the Blade in the FOIA lawsuit as an attorney with Davis Wright Tremaine LLP, said the initial production from the State Department was unsatisfactory.

ā€œIn December, the Department of State made its first production in response to the FOIA request submitted by the Washington Blade over a year ago,ā€ Fiedler said. ā€œThis nominal production consisted of two email records, both heavily redacted. Such a token response after so much time is truly disheartening, and we will continue to push to ensure that the Department satisfies its obligations under FOIA.ā€ 

Fiedler concluded: ā€œThe American public is entitled access to the records sought, and every additional day without that access causes further harm.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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