News
Biden, HHS condemn Texas order against transition-related care for trans youth
Feds announce new measures against Texas initiative
Amid consternation over an order from the Texas governor designating transition-related care for transgender youth as child abuse, President Biden and Secretary of Health & Human Services issued a pair of statements Wednesday night condemning the move.
Biden in the statement issued by the White House called the order from Texas Gov. Greg Abbott “a cynical and dangerous campaign targeting transgender children and their parents.”
“This is government overreach at its worst. Like so many anti-transgender attacks proliferating in states across the country, the governorās actions callously threaten to harm children and their families just to score political points,” Biden said. “These actions are terrifying many families in Texas and beyond. And they must stop.”
The statement comes one day after Biden delivered the State of the Union address, when he reiterated his pledge to have the backs transgender youth as he reiterated his call to pass the LGBTQ Equality Act.
Biden also speaks out on the same night as a federal court in Texas issued a temporary restraining order partially blocked the governor’s order in a move that stops the state from investigating parents named in the lawsuit, which was filed by American Civil Liberties Union and Lambda Legal.
Becerra similarly condemned counted the Texas order as among the recent “attacks against transgender youth and those who love and care for them are discriminatory and unconscionable.”
“These actions are clearly dangerous to the health of transgender youth in Texas. At HHS, we listen to medical experts and doctors, and they agree with us, that access to affirming care for transgender youth is essential and can be life-saving,” Becerra said.
Becerra also announced a series a measures aimed at countering the Texas order, pledging to “take immediate action if needed.”
From the HHS statement:
- HHS is releasing guidance to state child welfare agencies through an Information Memorandum that makes clear that states should use their child welfare systems to advance safety and support for LGBTQI+ youth, which importantly can include access to gender affirming care;
- HHS is also releasing guidance on patient privacy, clarifying that, despite the Texas governmentās threat, health care providers are not required to disclose private patient information related to gender affirming care;
- HHS also issued guidance making clear that denials of health care based on gender identity are illegal, as is restricting doctors and health care providers from providing care because of a patientās gender identity;
- The Secretary also called on all of HHS to explore all options to protect kids, their parents, caretakers and families; and
- HHS will also ensure that families and health care providers in Texas are aware of all the resources available to them if they face discrimination as a result of this discriminatory gubernatorial order.
The full statement from Biden issued by the White House follows:
Statement by President Biden on Texasā Attacks on Transgender Youth
In recent days, elected leaders in Texas have launched a cynical and dangerous campaign targeting transgender children and their parents. The Governor of Texas has directed state officials to open child abuse investigations into families simply because they have provided access to affirming care for their children. This is government overreach at its worst. Like so many anti-transgender attacks proliferating in states across the country, the Governorās actions callously threaten to harm children and their families just to score political points. These actions are terrifying many families in Texas and beyond. And they must stop.
Today, the Department of Health and Human Services has announced several actions to keep transgender children in Texas and their families safeāputting the state of Texas on notice that their discriminatory actions put childrenās lives at risk. These announcements make clear that rather than weaponizing child protective services against loving families, child welfare agencies should instead expand access to gender-affirming care for transgender children. Respected medical organizations have said that access to gender-affirming care for transgender children can benefit mental health, lower suicide rates, and improve other health outcomes. Children, their parents, and their doctors should have the freedom to make the medical decisions that are best for each young personāwithout politicians getting the way.
In the United States of America, we respect the rights and dignity of all families. Transgender children bring fulfillment to their parents, joy to their friends, and are made in the image of God. Affirming a transgender childās identity is one of the best things a parent, teacher, or doctor can do to help keep children from harm, and parents who love and affirm their children should be applauded and supported, not threatened, investigated, or stigmatized. As I told transgender Americans in my State of the Union Address yesterday evening, āIāll always have your back as your President so you can be yourself and reach your God-given potential.ā Jill and I are standing with the incredibly brave transgender children, their parents, and families throughout Texas and around the country, and we will continue to fight for a future where all children can thrive.
Kenya
Kenyan court awards two gay men $31K
Couple subjected to genital examination, given HIV tests after āunnatural sexā arrest
A Kenyan court has awarded two gay men charged with āunnatural sexā for engaging in consensual sexual relations a total of Sh4 million ($31,000) in compensation.
This is after the Magistrates Court in the coastal city of Mombasa ruled the authorities violated the menās rights in obtaining evidence.
During the arrest, the two men were forcefully subjected to genital examination and HIV tests against their constitutional rights to privacy and the rights of an arrested person, including being allowed to speak with a lawyer.
Section 162 of Kenya’s penal code criminalizes consensual same-sex relations with a 14-year jail term. Prosecutors wanted the court to find the two gay men, who were arrested in 2021, guilty of the offence.
In a ruling issued on Oct. 24, the court, while awarding each of the men Sh2 million ($15,600) in compensation, faulted prosecutorsā unlawful extraction of evidence.
The Center for Minority Rights and Strategic Litigation, a local LGBTQ rights organization, last year petitioned the court not to admit the evidence for having been obtained unlawfully, to stop the hearing, and for the accused to be compensated.
In the petition, CMRSL cited infringement on the gay menās right to human dignity: A ban on cruel, inhuman, or degrading treatment, the rights to privacy and a fair trial, rights of an arrested person, and violation of their freedom and security as the constitution and international law mandates.
āThis provision (Section 162 of the penal code) has historically been used by the State to target and harass LGBTQ+ persons based on their gender identity and sexual orientation,ā CMRSL Legal Manager Michael Kioko told the Washington Blade.
The High Court in 2019 declined to decriminalize sections of the penal code that ban homosexuality in response to queer rights organizationsā petition that argued the State cannot criminalize consensual same-sex sexual relations between adults. The constitutionality of laws that criminalize homosexuality is still contested in the appeals court, based on the argument they infringe on the rights to privacy and human dignity.
CMRSL termed the latest ruling āa crucial step toward dignity and human rights for allā while noting that the case was critical in its legal representation efforts to protect the fundamental rights of queer people in Kenya.Ā
The Oct. 24 decision affirms the Mombasa appeals court’s 2018 ruling that struck down the use of forced anal testing in homosexuality cases by terming it as unlawful. Kenyaās National Gay and Lesbian Human Rights Commission brought the case.
The appeals court verdict stemmed from a 2015 case where police in Mombasa obtained a court order to force two gay men to undergo anal examinations and HIV testing at a local clinic after authorities arrested them and charged them with unnatural sex.
NGLHRC, in challenging the court order, argued forced anal examinations are cruel, inhuman, degrading, and breached local and international medical ethics and human rights.
The latest ruling exonerating the two gay men from prosecution is among numerous cases in which CMRSL has represented queer people in court to defend and protect LGBTQ rights in the country.
The case against a gay man in Mombasa charged with an unnatural act (a same-sex affair) and represented by CMRSL in court saw the matter dropped last September. The court last June acquitted transgender women in Lamu charged with committing gross indecent acts between males against provisions of the penal code.
CMRSL represented the trans women.
The group has deployed community paralegals and field monitors to monitor, document, and report queer rights violations.
āThey (field monitors) work closely with LGBTQ+ community paralegals to link survivors to justice by providing legal support and connecting those to pro bono lawyers and legal aid services,ā Kioko said. āOn average, our monitors handle around 10 cases each month, ensuring that violations are addressed and survivors receive the necessary legal pathways to seek justice.ā
CMRSL in partnership with several queer lobby groups, is also challenging the Kenya Films Classification Board in court for banning a movie titled āI Am Samuelā on the pretext it contained gay scenes that violate Kenyan law.
The Kenya Films Classification Board in 2018 also banned the āRafikiā because it contains lesbian-specific content. Petitioners who challenged the ban in court argue the decision violates freedom of expression and other constitutional provisions.
Politics
Gay members of Congress challenge Vance over the ‘normal gay guy vote’
GOP vice presidential nominee spoke to Joe Rogan on Thursday
In comments to the Washington Blade on Friday, two gay members of Congress rebuffed claims by the Republican vice presidential candidate, U.S. Sen. JD Vance of Ohio, that he and former President Donald Trump have “the normal gay guy vote.”
A poll of LGBTQ voters in August by the Human Rights Campaign showed the community overwhelmingly supports the Democratic ticket, led by Vice President Kamala Harris and Minnesota Gov. Tim Walz, by a margin of 74-7.5 percent.
Nevertheless, Vance told podcaster Joe Rogan during an interview on Thursday that, āI wouldnāt be surprised if me and Trump won, just, the normal gay guy vote, because, they just wanted to be left the hell alone.ā
The senator continued, āNow you have all this crazy stuff on top of it that theyāre like, āNo, no, we didnāt want to give pharmaceutical products to 9-year-olds who are transitioning their genders.āā
GayU.S. Rep. Mark Pocan (D-Wis.), chair of the Congressional Equality Caucus, told the Blade “I donāt trust JD Vance on a lot of things, and I sure as hell donāt trust him to know whatās ‘normal.'”
“JD has spent his time as both a candidate and Senator attacking the rights of the LGBTQI+ community, and he has no idea what ānormal gays” go through because of bullies like him and Trump,” Pocan said.
He added, “‘Normal’ gays are like ‘normal’ non-gays ā we care about our families and we care about our country. My guess is the vast majority are voting for Kamala Harris because they know whatās at stake for our community and our country.”
Over the phone, U.S. Rep. Robert Garcia (D-Calif.), a gay co-chair of the Congressional Equality Caucus, said the suggestion that “gay people are gonna somehow, en masse, start voting for Donald Trump and JD Vance, who are completely anti-gay, anti-LGBTQ and [have been] saying horrible things about the community” is “so stupid” and “ridiculous.”
“There might be, like, a handful of these MAGA Log Cabin folks that, quite frankly, are few and far between” the congressman said, referring to the LGBT conservative group Log Cabin Republicans, “but the support that Kamala Harris has in the gay community is is huge” and these voters are going to turn up on election day.
“And then, of course, this idea that [Vance is] somehow separating out ‘normal,’ regular gay guys,” Garcia said, “shows their complete lack of awareness about our community, what motivates us,” and “the solidarity we have together ā we’re a close community; we support each other.”
“Trying to separate us is not going to work in these last few days, it’s completely desperate and just completely out of touch,” he said.
Asked whether he believes the message might appeal to some gay men, or lesbian or bisexual folks for that matter, at a time when trans rights have become a salient political issue, Garcia emphasized that by and large, “Because of our own identity and struggles, we support our members of the trans community and trans families and we understand how difficult that is for folks.”
“Most of us in the community know people that are trans, have trans friends, have marched for rights with them, have been to fundraisers, raising money for causes, for the community with them,” the congressman said. “So they’re part of of our community.”
“We’re not going to allow Donald Trump and JD Vance try to separate them out,” he said. “I think that is something that conservatives try to do is to somehow say that they’re okay with, you know, the LGB, but not with trans people, and that’s unacceptable to us.”
Garcia added, “It should be unacceptable to all members of our community. We should never allow them to separate us and to damage the solidarity that we have with people that are our friends and that are being attacked every day.”
Asked about the Trump campaign’s last-ditch outreach to gay conservatives, Garcia said the “Log Cabin types should look in the mirror and ask themselves what the fuck they’re doing and what the fuck they’re thinking because this is absolutely destructive to anyone that they care about.”
He continued, “this idea that they can still blindly support Donald Trump who wants to overthrow our government, move us backwards, attack our community, install a Supreme Court that will take away our rights ā it’s insane, total insanity.”
“That’s why overwhelmingly our community supports Kamala Harris,” Garcia said. “We’ve done a lot of events with the Out for Harris team and get out the vote efforts, and the energy is there, people are excited, gay people are turning out and showing up, and we’re not going to be separated out by weirdos like JD Vance.”
Israel
ILGA World suspends Israeli advocacy group after bid to host conference withdrawn
Decision has prompted praise, criticism
ILGA World has suspended an Israeli advocacy group after it withdrew its bid to host its conference in Tel Aviv.
The Aguda, the Association for LGBTQ+ Equality in Israel, had bid to host the 2026/2027 ILGA World Conference. The ILGA World board of directors was to have voted on the proposal at the 2024 ILGA World Conference 2024 that will take place in Cape Town, South Africa, from Nov. 11-15.
ILGA World on Tuesday announced āthe bid to host our next World Conference in Tel Aviv will not go forward, and will not be put to a vote at the upcoming World Conference.ā The announcement notes the ILGA World Board āheld an emergency meeting and unanimously decided to remove the bid from the Aguda from consideration, and it has also decided to suspend the organization from our membership.ā
The announcement further says the Agudaās bid āwas found in violation of ILGA Worldās aims and objectives set out in our constitution (3.1 and 3.2.)ā
āThe ILGA World board is also reviewing the Agudaās compliance with our constitution and has decided to suspend the organization from our membership to allow for that to happen,ā said ILGA World in its announcement.
The decision to suspend the Aguda comes against the backdrop of the war in the Gaza Strip.
Hamas militants last Oct. 7 killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival, when they launched a surprise attack against southern Israel. The Israeli government says the militants also kidnapped more than 200 people.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 41,000 people in the enclave since Oct. 7.
A case that South Africa filed with the International Court of Justice in the Hague late last year accuses Israel of committing genocide against Palestinians in Gaza.
The International Criminal Court, which is also in the Hague, in May announced it plans to issue arrest warrants for Israeli Prime Minister Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders ā Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh.
Karim Khan, the ICCās chief prosecutor, said the five men have committed war crimes and crimes against humanity in Gaza and Israel. (A suspected Israeli airstrike on July 31 killed Haniyah while he was in the Iranian capital of Tehran to attend Iranian President Masoud Pezeshkianās inauguration. Israeli soldiers on Oct. 16 killed Sinwar in Rafah, a city in southern Gaza that borders Egypt.)
āWe know that seeing the Tel Aviv bid taken into consideration caused anger and harm to our communities,ā said ILGA World in its statement. āOur apologyĀ goes to our members, to our host organizations, and our global communities ā and especially to those in South Africa, who will soon host the global movement for our upcoming World Conference.ā
āWe recognize the historical experience with apartheid and colonialism in South Africa: Even the possibility of voting on such a bid in their home country would have been at odds with the unequivocal solidarity for the Palestinian people,ā it adds.
ILGA World also said it supports calls for āstronger governance practices in vetting the proposals we receive.ā
āWe heard our communities, and we must do better in the future: A situation like this must not repeat,ā it said.
The Aguda in a statement said it is ādeeply disappointment that ILGA has chosen to boycott those who work for LGBTQ+ rights and strive towards a more just society.ā
āFor 50 years, the Aguda, the Association for LGBTQ+ Equality in Israel, has worked to support the LGBTQ+ community and uphold human rights for all, including supporting LGBTQ+ individuals in the Arab community, and Palestinian asylum seekers persecuted for their sexual and gender identities,ā reads the statement. āThe Israeli LGBTQ+ identity embraces both service and contribution to the state as citizens, while continuing to fight for the values of democracy and human rights in the society in which we live.ā
The Aguda added Israelās LGBTQ community āshould not bear responsibility for government policy, and we expect the international community to support liberal voices rather than boycott them.ā
āWe are proud to be LGBTQ+ and Israeli, and we will continue to fight for a more equal and safer society,ā said the Aguda.
ILGA World Executive Director Julia Ehrt on Wednesday told the Washington Blade in an emailed statement the organization āhas communicated in writing with the Aguda.ā
āSo far, we have not heard from them other than on social media, but of course they have a right to defend their membership status according to our governance procedures,ā said Ehrt.
Groups ‘complicit in Israeli apartheid or genocide should be expelled’
Charbel Maydaa, the founder and general director of MOSAIC, a Lebanon-based advocacy group that works throughout the Middle East and North Africa, is also the co-chair of ILGA Asia. He is among the activists who welcomed ILGA Worldās decision to withdraw the Agudaās bid.
A thread in response to a post on Maydaa’s LinkedIn page notes ILGA World in 1987 expelled the Gay Association of South Africa after it ārefused to condemn apartheidā in the country āor to get involved in political struggles.ā
āGASA’s stance led to its dissolution, and the formation of new and more progressive LGBT rights groups in South Africa,ā said Gabriel Hoosain Khan, a London-based activist. āOrganizations that are complicit in Israeli apartheid or genocide should be expelled.ā
The International Planned Parenthood Federation also welcomed ILGA Worldās decision. A Wider Bridge, a group that āadvocates for justice, counters LGBTQphobia, and fights antisemitism, and other forms of hatred,ā described it as āoutrageous and unacceptable.ā
ILGA (International Lesbian, Gay, Bisexual, Trans and Intersex Association) supposedly stands for respect for human rights, equality and freedom regardless of sexual orientation, gender identity, gender expression or sex characteristics,ā said A Wider Bridge in a statement. āBut by singling out Israel and Israeli LGBTQ people for opprobrium, ILGA violates its fundamental principles.ā
The 2022 ILGA World Conference took place in Long Beach, Calif.
āI am appalled and disgusted that ILGA World would ostracize and expel the leading organization in Israel that fights for the civil rights of LGBTQ+ people there,ā said California Assemblymember Rick Chavez Zbur, who is the former executive director of Equality California, a statewide LGBTQ rights group, on X. āThis is appalling and blatant anti-Semitism and an abandonment of LGBTQ+ Israelis.ā
Shame on @ILGAWORLD. As the former leader of @eqca, CAās LGBTQ civil rights org, I am appalled and disgusted that @ilgaworld would ostracize and expel the leading org in #Israel that fights for the civil rights of LGBTQ+ ppl there. This is appalling and blatant antisemitism andā¦ https://t.co/6zrU1WQQ7J
— Rick Chavez Zbur (@RickChavezZbur) October 30, 2024
Ehrt in her statement to the Blade acknowledged criticisms over ILGA Worldās decision. She also dismissed suggestions that anti-Semitism prompted it.
āILGA World has a long and proven record of fighting for equality for all,ā said Ehrt. āWe have repeatedly called for peace in the region, and continue to work every day to counter racism, xenophobia, islamophobia, and anti-Semitism ā alongside LGBTI-phobia. Our daily work speaks much louder than the baseless accusations we are receiving.ā
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