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10 ways to build back LGBTQ human infrastructure better

The Build Back Better Act will benefit the community

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LGBT Congressional Staff Association, 2018 mid-term elections, gay news, Washington Blade
(Washington Blade photo by Michael Key)

In 2021 the U.S. House of Representatives passed a $1.75 trillion human infrastructure bill — the Build Back Better Act. It contains 10 concrete provisions that it will directly benefit the LGBTQ community. It awaits Senate approval to become law.

Most media reports covered the climate change and social safety net programs. LGBTQ people will undoubtedly benefit from clean air, water and reduced emissions. LGBTQ people of color or those with limited incomes will undoubtedly benefit from the expanded social safety net programs. But sometimes queers, lesbians, Asians, young people or immigrants are overlooked. Here are 10 ways that we benefit.

1. Retroactive benefits for same-sex couples married before 2010

Prior to the Supreme Court’s decision in U.S. v. Windsor, the Defense of Marriage Act (DOMA) prohibited the IRS from recognizing same-sex marriages. Windsor changed that, but only for same-sex marriages after 2010. Couples who married before — some wed by then-San Francisco Mayor Gavin Newson, then-New Paltz (N.Y.) Mayor Jason West, or in Canada as far back as 2004 — could not claim federal benefits. The bill allows these couples to back-file claims for federal tax credits and refunds.

2. Queer Asian lesbians who tech 

A disproportionate share of immigrant tech workers are lesbian/bi/trans women and/or Asian. The bill extends H-1B visas for these workers by recapturing unused, previously authorized, worker visas. Watch Jenny’s video to learn more about LGBTQ Asian immigrant knowledge workers.

3. Enforcement of anti-LGBTQ employment discrimination

The National LGBTQ Task Force tells that nearly two-thirds of LGBTQ Americans report having experienced discrimination in their everyday lives. Last year, the Supreme Court held in Bostock v. Clayton County that the Civil Rights Act protected LGBTQ people from discrimination in employment. (See my amicus brief with TLDEF in that case.) But the Equal Employment Opportunity Commission which conducts investigations and enforcement lawsuits, badly defunded under Trump accrued a backlog of claims. LGBTQ people who lost their jobs are still waiting for their cases to be heard. The bill provides $321 million for the EEOC to resolve those cases.

4. College Financial Aid for Queer Students and DACA Young People

Two provisions will help more LGBTQ young people attend college. First is a $550 increase in the federal Pell Grant; second is the exclusion of Pell Grants as income for tax purposes. It’s always been strange that the federal government gave out Pell Grants and then took some of it back through taxes. This exclusion increases the $550 even more.

In addition, undocumented LGBTQ young people, or Dreamers, who enrolled in the Deferred Action for Childhood Arrivals (DACA) program could attend college but were denied federal financial aid. The bill allows them to apply for aid, including Pell Grants and subsidized student loans.

5. Preventing LGBTQ youth suicide, community violence and trauma

The Trevor Project has long shown that LGBTQ youth face the highest rates of suicide. The bill provides $75 million in funding to support the 24/7 National Suicide Prevention Lifeline and its network of crisis centers. It also provides $2.5 billion to support programs to reduce community violence and trauma.

6. Fighting HIV/AIDS

Countless men who have sex with men have died from AIDS. African American, Latino and older gay and bisexual men have the highest rates of HIV disease. APICHA and APAIT remind us that Asian and Pacific Islanders have the highest rates of new infections. The bill provides $75 million to support the Ryan White HIV/AIDS program to provide primary care, support services, and medications to communities disproportionally affected by HIV/AIDS.

7. Supporting LGBTQ families with children

An estimated 3 million LGBTQ Americans are raising or had a child. Family Equality found that 63 percent of LGBTQ millennials have or are planning to have children. The Child Tax Credit, oft regarded as a program to lift low-income families out of poverty, will also help LGBTQ families with a tax credit of $3,000 per child, or $3,600 for children under age six.

8. Protecting vulnerable LGBTQ elders

As more and more LGBTQ age, some have limited support. SAGE reports that many LGBTQ elders lack children or caregivers to look out for their needs. The bill reauthorizes funding for elder justice with programs and trainings to prevent and investigate abuse, neglect and exploitation, especially in nursing homes, as well as $74 million for resources that focus on elder community issues.

9. Protecting LGBTQ undocumented immigrants

There are a quarter million undocumented LGBTQ immigrants in the U.S. Immigration Equality fights hard for them but can’t do it all. The bill allows undocumented immigrants to work, protects them from deportation and allows access to social safety net programs.

10. Reuniting LGBTQ immigrant families and workers

LGBTQ Immigrant families have been separated, sometimes for decades. LGBTQ relatives in Mexico, the Philippines, China, Vietnam and India have had to wait up to 19 years to be reunited with their loved ones in the U.S. The bill clears the 10-20 year visa backlog and allows legal immigrants already here to permanently live and work in the U.S. by recapturing 500,000 unused, previously authorized, green cards.

These 10 provisions in the Build Back Better Act can meaningfully improve the lives of so many everyday LGBTQ people.

The House bill now goes to the Senate. It will undergo several changes. Some, many, or even all of these LGBTQ-friendly provisions could be negotiated out. So TAKE ACTION and email your U.S. senator and tell them “I urge you to support the House’s $1.75 trillion human infrastructure bill and its provisions that will benefit the LGBT community. Build back our nation’s LGBT human infrastructure better!” Call upon our senators to act swiftly in 2022 to make all our lives better by passing the BBB Act and send it to the president’s desk to be signed. 

Glenn D. Magpantay, Esq., a long-time advocate for the LGBTQ, AAPI and immigrant communities, is the former executive director of NQAPIA. He is a civil rights attorney, and a professor of law and Asian American Studies. He has testified before Congress and authored reports for the congressional record. He is principal at Magpantay and Associates: a nonprofit consulting and legal services firm. 

Magpantay may be reached at [email protected]  or www.linkedin.com/in/glenn-d-magpantay-esq 

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Commentary

Adoption under suspicion

Italy and the US are two case studies

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The Coliseum in Rome on July 12, 2025. Italy is a case study of what can happen when the legal framework for adoption rights for same-sex couples is uncertain. (Washington Blade photo by Michael K. Lavers)

A right does not need to be banned to be restricted. Sometimes it only needs to be made uncertain.

That is what emerges from a closer examination of adoption access for same-sex couples across different countries. There is no broad legal rollback. What appears instead is a more subtle pattern: rights that remain on paper but become fragile, conditional, and uneven in practice.

Italy provides a clear example.

Since 2023, under the government of Giorgia Meloni, administrative decisions have limited the automatic recognition of both mothers in female same-sex couples, particularly in cases involving assisted reproduction abroad. In practice, many families have been forced into additional legal proceedings to validate relationships already established.

At the same time, Italy has intensified its opposition to surrogacy, extending penalties even to those who pursue it outside the country. Human rights organizations have warned that these measures disproportionately affect LGBTQ families, particularly male couples.

The judiciary, however, has pushed back.

In 2025, the Constitutional Court ruled that a non-biological mother cannot be excluded from legal recognition when there is a shared parental project. It also removed a long-standing restriction that prevented single individuals from accessing international adoption.

Italy has not eliminated these rights. But it has made them unstable.

When a right depends on litigation, judicial timelines, or shifting interpretations, it is no longer fully guaranteed.

In the United States, the structure differs, but the outcome converges.

At the federal level, same-sex couples can adopt. Yet the system varies widely across states.

Data from the Movement Advancement Project show that while some states explicitly prohibit discrimination in adoption, others provide no clear protections. In several states, licensed agencies can refuse to work with same-sex couples based on religious objections.

Access, therefore, is shaped not only by law, but by geography, institutions, and applied standards.

Research from the Williams Institute further complicates the narrative. Same-sex couples adopt and foster children at higher rates than different-sex couples.

The contradiction is clear.

Child welfare is invoked, yet the pool of available families is reduced. Faith is cited, yet it is used as a filter within publicly funded systems.

The consequences are tangible
children remain longer in care
processes become more complex
families face unequal scrutiny

What is happening in Italy and the United States is not isolated. Across parts of Europe, conservative governments have advanced legal frameworks that reinforce traditional definitions of family while limiting recognition of diverse ones.

Adoption is not always addressed directly. But the impact accumulates.

Options are restricted while the language of protection is used to justify it.

There is no need to soften it.

This is not only a debate about family models. It is a decision about who is recognized as family and who must continue asking for permission.

That is not neutral.

It is political.

And when a right depends on where you live, who evaluates you, or how hard you are willing to fight for it, that right is already being weakened.

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Commentary

Is Ghana’s selective justice a human rights contradiction?

Country’s commitment to human rights appears inconsistent

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Ghanaian flag (Public domain photo from Pixabay)

Ghana’s mission to have the United Nations recognize the trafficking of enslaved Africans and racialized chattel enslavement as the gravest crime against humanity is a historic milestone. The resolution adopted on March 25, 2026, with 123 out of about 180 countries in support, marks a major step toward global acknowledgement of the brutality and inhumanity of slavery. A 2022 report by the Equal Justice Initiative, “The Transatlantic Slave Trade,” highlights how during the slave trade, Africans who were enslaved had no rights, freedom, recognition or protection under the law. They had no voice, no bodily autonomy, no respected identity and could be brutally violated with no legal protection. This history represents a grave crime against humanity.

In my opinion, Ghana and the other countries that voted in favor are entirely right to say that such historic events cannot be sanitized or reduced to diplomatic language. Recognition is the first step towards accountability. This matter is important because it is arguably the foundation of the modern-day injustice and inequality people experience, including wealth inequality, racism, sexism, xenophobia, and queerphobia.

The double standard

Yet, despite this important step on the world stage, Ghana’s commitment to human rights appears inconsistent. The same government advocating for justice for enslaved Africans is enacting laws that jeopardies the rights of Africans today. This contradiction between Ghana’s international stance and its domestic policies is at the heart of the discussion.

In February 2026, the Ghanaian parliament formally received the Human Sexual Rights and Family Values Bill. The bill is a grave threat to the rights to nondiscrimination, protection under the law, privacy and freedom of association, assembly, and expression. It expands criminalization of LGBTQ+ people, and anyone associated with them. This Human Sexual Rights and Family Values Bill calls for a three-year imprisonment for anyone who identifies as LGBTQ+, anyone who has gender affirming treatment, anyone who enters into a same-sex marriage or attends a same-sex wedding and anyone who promotes equal rights for LGBTQ+ people. It turns enforcement into a societal obligation rather than just a state function, encouraging people to report anyone who looks suspicious or different. This further legitimizes the brutal attacks on LGBTQ+ people socially, which leaves the people of Ghana with blood on their hands.  

Ghana’s proposed and reintroduced anti-LGBTQ+ legislation is said to be among the most restrictive in the world and will result in the inhumane treatment of LGBTQ+ people. It not only further criminalizes consensual same-sex relations but also targets civil society organizations that are perceived to be supporting equal rights for LGBTQ+ people. So, if this law passes, it will be illegal to support equal rights and challenge the inhuman treatment of queer Ghanaians and allies. Is this not a double standard? Ghana seeks justice for the ill-treatment of Africans during the transatlantic slave trade but is actively in the process of seeking to harm its own people.

This is not theoretical harm; it is practical harm. According to the Human Rights Watch, LGBTQ+ people in Ghana already face systemic stigma, discrimination, harassment and violence, often enabled by both legal frameworks and social stigma, resulting in a hostile climate.

Ghana falls short of upholding human rights at home

On the global stage, Ghana is arguing that the dehumanization of Africans through slavery was so severe that it constitutes the gravest possible violation of human dignity. This argument rests on a core principle that reducing people to less than fully human is unacceptable under any circumstances.

Back at home, the state is endorsing laws that do exactly that to LGBTQ+ people. Criminalizing identity, suppressing expression, clamping down on civic space, monitoring and surveilling citizens and advocating for social exclusion. These are elements of dehumanization signaling that some are less deserving of protection, dignity, respect, and justice. That is the definition of a double standard.

Supporters of these laws often frame homosexuality as un-African, but this claim does not hold up under scrutiny. In his article, “The ‘Deviant’ African Genders That Colonialism Condemned”, Mohammed Elnaiem emphasizes that historical and anthropological evidence shows that diverse sexualities and gender expressions existed across African societies long before colonial rule. Ironically, many of the laws used to criminalize LGBTQ+ people today trace directly back to the colonial-era. This is even supported by the African Court, which, in December 2020, through its Advisory opinion, made it clear that these colonial-era laws are discriminatory and perpetuated marginalization. The African Court also called on African states to take action in this regard.

It is no secret that anti-rights actors are actively operating in Ghana and supporting leaders to advance their anti-rights agenda. They are increasingly organized, visible, well-funded, and influential in shaping state policy. The upcoming 4th African Inter-Parliamentary Conference on Family and Sovereignty, scheduled to take place in Accra from May 27-30, 2026, is a clear example of this coordination. The conference endorses the so-called African Charter on Family Values, a deeply contested initiative that frames LGBTQ+ people as a threat to children and positions queer identities as foreign ideologies. This platform is being used to legitimize and advance anti-LGBTIQ+ legislation, restrict comprehensive sexuality education and roll back sexual and reproductive health rights. In this context, the treatment of LGBTQ+ people in Ghana cannot be viewed as isolated policy choices, but rather as part of a broader coordinated anti-rights agenda that normalizes and legalizes discrimination. It fuels increasingly inhumane conditions for queer communities and civil society. Ghana is simultaneously rejecting colonial injustice in one breath while enforcing colonial-era morality laws in another.

There is also a legal inconsistency worth noting. Ghana’s own Constitution guarantees the right to life, protection from violence, the right to personal liberty, the right to human dignity, equality and freedom from discrimination and the right to a fair trial. Yet, in practice these rights are not equally applied to LGBTQ+ individuals. Depriving equal rights to LGBTQ+ persons is the same as what the slave owners did to slaves.

You cannot build a credible human rights position on selective application

To be clear, recognizing slavery as a crime against humanity is not diminished by pointing out this contradiction. Both truths can coexist: the UN resolution is a victory and Ghana’s domestic policies remain deeply troubling. In fact, holding both realities together is necessary if the language of human rights is to mean anything at all. Ghana has taken a powerful stand on the global stage. The question now is whether it is willing to apply that same moral clarity at home.

Bradley Fortuin is a consultant at the Southern Africa Litigation Center and a human rights activist.

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Commentary

The cost of speaking one’s mind

Colombian artist José Miel’s recent comments on Pride, LGBTQ community sparked controversy

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José Miel (Photo courtesy of José Miel)

Colombian artist José Medina, known professionally as José Miel, 34, originally from Bogotá, is going through one of the most complex moments of his public career. Following his exit from “La casa de los famosos Colombia,” his name has been placed at the center of a controversy that has gone beyond the realm of entertainment and into a broader terrain: the debate over freedom of expression, diversity, and the limits of dissent within a society that defines itself as inclusive.

Miel is not an improvised figure. His trajectory in music, acting, and television reflects a sustained process of training, work, and exposure across different platforms. He participated in “Yo me llamo” (2019) and “La Descarga” (2022), establishing himself as a versatile artist within the Colombian entertainment industry. His career has been built through effort, in an industry that does not guarantee permanence without discipline.

However, the recent focus is not on his artistic work, but on his statements.

On March 15, the program “La Red” on Caracol Televisión released an interview on its digital platforms in which the singer spoke openly about the difficult moment he is facing, stating that his words — referring to comments he made after leaving “La casa de los famosos” — “cost him dearly.” His opinions on Pride, inclusive language, and the LGBTQ acronym triggered an immediate and polarized reaction.

From that moment on, the debate moved beyond the content of his words and opened another angle that cannot be overlooked.

Miel is known for the precision, firmness, and clarity with which he expresses his ideas. He is not an improvised artist, neither in discourse nor on stage. However, amid this controversy, a question also arises — one that deserves consideration from a journalistic standpoint:

What was the intention of the journalist, commentator, or media outlet that posed the questions leading to these statements?

This is not about shifting responsibility for what was said, but about understanding the context in which it occurred. At a moment in his career marked by multiple opportunities and projects, Miel’s responses placed him at the center of a controversy with real consequences.

In that sense, it is worth asking whether these were genuine questions within an open dialogue, or whether they followed a more provocative line, aimed at generating headlines or exposing the interviewee in a sensitive terrain.

This is not a minor question.

In media environments where every word can be amplified, the role of the one asking the questions is also part of how the story is constructed.

Within this context, this outlet held a phone conversation with the artist this Wednesday in order to gather his position directly. What follows are his responses to three central themes: the consequences of his words, his identity, and his call for respect.

Regarding the personal cost of expressing his opinion, Miel was clear:

You are now paying a high price for speaking your mind.

Do you regret having spoken out, or do you still believe your voice is non-negotiable?

Response:

“I believe that as human beings we all know that giving an opinion on any topic will bring problems. That’s the problem with society: it doesn’t respect other people’s opinions, because many think they are always right, and that’s not the case. Everyone has their reasons, everyone has their opinions, and those must be respected — even if you disagree.

What I expressed was an opinion without discrimination, without harming anyone, without stepping on anyone. And yet the opposite has been done to me: I’ve been trampled on, harmed, threatened, sent very ugly messages, harassed, hate coming from everywhere.

I knew what I was getting into. I knew what could happen. But I am proud of myself. I am proud of my conviction, and I will defend it until the end, because I truly believe in what I said. I do not regret it.”

When addressing his stance on labels, Pride, and how he defines himself, the artist stated:

You say you don’t identify with certain expressions of Pride or with the acronym.

So how do you define who you are, without labels or molds?

Response:

“Well, I don’t identify with Pride marches because they don’t represent me at all. They would represent me if they were respectful and appropriate, because many families attend — children, grandparents, parents … everyone is there.

And it’s quite disrespectful to see many people — not all, I emphasize — exposing their bodies, wearing very little clothing, drinking alcohol, intoxicated, using drugs. I don’t think that’s the way I would seek respect and equality.

I don’t like the term LGBTIQ+ community or all the letters that keep being added, because I feel that these acronyms make people discriminate more. I understand why they exist, because I know that what is not named does not exist, but I feel it is not the right way.

To me, everyone is part of society. We are human beings.

I don’t have labels or molds. I am a man, I am homosexual, and that’s it. The fact that I wear makeup or more feminine clothing is part of my artistic work, part of the stage. My everyday life is completely different.”

Finally, when referring to the reactions he has received, Miel insisted on a point that runs throughout his position:

You speak about respect, yet you’ve received attacks even from within the same community. What do you say today to those who call for inclusion but do not respect when someone thinks differently?

Response:

“I realized that the same community discriminates against itself. Many gay people have written to support me, telling me how brave I am, that they think the same way but don’t dare to speak.

To those who disagree with my opinion, I say: respect it, even if you don’t like it. You can express your opinion because we live in a free country, but do it with arguments, from your perspective, without stepping on others.

Because that is not the way.

I understand the struggles, I understand what is being sought, but I feel that if other ways of fighting were heard, many things could be achieved through respect and equality.

Everyone is free to think and say what they want — but always with respect. It’s that simple.”

Beyond his statements, what the artist is currently facing was also exposed in the March 15 interview on “La Red.” In that space, Miel described in his own words what he called a “string of problems”: constant harassment on social media, direct threats, hate messages, canceled performances, loss of contracts, and stalled projects due to external pressure and boycott warnings.

This situation not only highlights the media impact of his words, but also the material consequences that expressing an opinion can have in today’s digital environment.

His statements also drew reactions from the political sphere. Colombian Congressman Mauricio Toro wrote on social media:

“Hate and discrimination are learned. Sometimes they are so deeply rooted that they turn against oneself. José Miel, neither you nor I have anything to hide or to be ashamed of. Being free and loving without fear is the greatest thing you can experience as a human being.”

However, this position was also criticized. A significant number of users — even those who do not agree with the artist’s statements — have insisted that his right to express his views must be respected, pointing to a growing tension between inclusive discourse and tolerance for dissent.

The case of José Miel goes beyond a media controversy. It reflects a broader reality: the difficulty of sustaining respect when opinions do not align, even within spaces that promote diversity.

In a context where social media amplifies every stance, reactions to difference become immediate and, in many cases, disproportionate.

Beyond individual positions, what happened raises a deeper question:

Is it possible to speak of inclusion if we are not capable of respecting difference?

The philosopher Voltaire left behind an idea that remains relevant:

“I disagree with what you say, but I will defend to the death your right to say it.”

That is the point.

Because if a society is not capable of upholding the right of others to express themselves — even when it is uncomfortable — then it is not building inclusion; it is merely managing agreement.

And in that scenario, the case of José Miel stops being an isolated episode.

It becomes a test.

A test of how far we are willing to go in respecting others when they do not think like us.

Support does not mean agreement.

In this case, support means something more basic and more necessary: defending the right to exist, to think, and to express oneself without being destroyed for it.

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