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Where does wrongful detention of Brittney Griner go from here?

She will inevitably be labeled a hostage

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Brittney Griner

It seems like years rather than weeks ago that American political prisoner, Trevor Reed, was released from Russia in a prisoner swap. It also seems like years since an American citizen, basketball superstar Brittney Griner, was taken into custody in Moscow’s Sheremetyevo airport for allegedly having hashish oil in her possession. 

We now know what many of us believed all along – that Brittney Griner was, in the far too late proclamation by the U.S. government, “wrongfully detained.” In diplomacy-speak, wrongfully detained is synonymous with politically detained, which is super close to what will soon enough inevitably happen – calling Brittney Griner a hostage. 

Since the beginning of Griner’s detention, I have done dozens of print, radio, TV, and related interviews, and I have a pretty clear view of how and why we got here. 

As I wrote around six weeks ago, if we read between the lines of what’s being said in traditional and social media, we can extract three key reasons why the Griner situation isn’t getting the attention that it should be and would be if it was a different athlete.

The first reason is that Brittney Griner is not a terribly high-profile athlete.

This is patently untrue. As I have been commenting from the minute we learned that she was taken into custody by the Russians, Griner was absolutely the highest-profile American athlete that Russia could have taken into custody as they were preparing for their brutal invasion of Ukraine. 

The only other high-profile athletes playing in Russia or transiting through at that time were the very few American players in Russia’s top hockey league, the KHL. None are superstars in their sport, as Griner is.

The second argument for why Griner isn’t getting the attention she should be is that she is LGBTQ.

I have argued that this is a reasonably good hypothesis. It just seems that a straight athlete would be getting a lot more attention and public sympathy than Griner has, in part, yet not in full, because of her sexual orientation. That’s a remarkably harsh position to have to take in 2022, yet it’s clear that Griner doesn’t fit the mold of what many Americans see as that all-American athlete. That one’s sexual or gender orientation should drive the American public’s level of sympathy for one of their own top athletes is a shame, but here we are.

The third and most commonly cited reason for Brittany Griner getting less attention than another athlete in a similar situation is that she’s Black. 

This argument holds little weight with me. Yes, it makes sense that in comparison to a high-profile white athlete, some people are simply going to care less about a Black athlete. Again, that’s a harsh analysis, yet not unaligned with many things going on in the nation today.

But I think this is a reductive argument that crumbles under the weight of the analogy that I usually use during TV and radio broadcasts about the Griner case – and that is, what if this was Kyrie Irving?

I like to use Kyrie Irving as an analogy because he is a highly controversial Black athlete. Obviously, NBA players don’t have to have second jobs in places like Russia, Turkey, and China, to make ends meet, as the WNBA women do. But just imagine that Kyrie Irving was traveling alone through Moscow airport. If Irving had been taken into custody by the Russians, I can guarantee that this would be front-page news not just in the sports section but on the front page of all significant papers practically every day. That simply hasn’t been the case with Brittney Griner.

Every day, I am asked where this goes from here. With Griner’s May 19 hearing delayed “one month” (though at the time of writing, no date has been set), I remained convinced of two things: that this goes to a worse place than we are now and that it progresses painfully slowly. 

As to the first point, to maximize leverage over the United States, it’s likely that Griner will end up somewhere like a Russian labor camp before she ever steps back into the United States. While Russia does not follow the Rule of Law, it would be neither legally nor politically expedient to just hold Griner in a Moscow jail or prison indefinitely. They need to make her situation worse to turn up the urgency of the case for the American government.

But this indeed won’t happen overnight. As I’ve also been saying all along, the next hearing date will also be delayed, OR we will learn through a TASS Russian media release that Griner was tried, found guilty of all charges, and sentenced (see labor camp, above).

As to what each of us can do, my advice remains the same: Keep talking about it. Make this Brittney as viral as Britney Spears was a year ago. Just as Britney Spears’ freedom from her conservatorship was turbo-charged by the #FreeBritney hashtag, let’s #FreeBrittney now.

This is significantly less trite than it sounds. There is no indication that the American government doesn’t want you to forget about Brittney Griner. As former hostage Jason Rezaian discussed on an excellent recent Washington Post podcast, he always “calls BS” on those parties, saying we should keep detentions such as Griner’s out of the public spotlight. He advocates being as loud as we can be on this, which is why I keep doing interviews on this issue as much as possible.

Ultimately, Brittney Griner will be a political prisoner until the United States and Russia can decide, in crass basketball terms, on a fair player trade. On Friday, we learned that the two sides might actually be in discussions now for a trade involving Griner for notorious convicted arms trafficker Viktor Bout, aka the “Merchant of Death.”

Unless this can re-enter and remain in the public spotlight, along with any pressure on the government, Britney Griner will not get the treatment she deserves as one of the greatest basketball players of her generation. That the massive disparity between how NBA and WNBA players are compensated laid the foundation for her to be in this position is the harsh reality these leagues face today. Yet it pales compared to the uncertain reality Griner faces today in a Moscow jail.

A Pulitzer Prize-nominated writer, Aron Solomon, JD, is the chief legal analyst for Today’s Esquire. He has taught entrepreneurship at McGill University and the University of Pennsylvania, and was elected to Fastcase 50, recognizing the top 50 legal innovators in the world.

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Roe ruling returns us to the discriminatory 1950s

For the first time, I no longer think of our nation as a democracy

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A scene from 'Father Knows Best' aired on Oct. 3, 1954. (Screen capture via YouTube)

(Editor’s Note: This is the first of a two-part column.)

I love looking at photos of my grandmother in the 1950s, going out to lunch with her friends, wearing hats with combs, white gloves in hand.

The 1950s had it all over us in style, I think. 

Until, I remember:

• Black people who were discriminated against had little or no legal recourse;

• Most women couldn’t get a charge card, let alone buy a home, unless their husbands got it for them;

• If you were queer, you could be arrested for dancing with someone of the same-sex at a gay bar, or lose your job because of your sexuality.

Those memories erase my 1950s nostalgia. I’ll enjoy family pictures from that era but I don’t want to return to the 1950s.

Unfortunately, that’s what the Supreme Court has done. The court’s overthrow of Roe v. Wade (in its 6-3 ruling on Dobbs v. Jackson Women’s Health Organization) thrusts us back to an era that threatens to be as repressive as the 1950s.

The court’s reversal of the landmark Roe v. Wade wasn’t surprising. 

Donald Trump in the 2016 presidential campaign made it clear: If elected he would appoint Supreme Court justices who would likely rule to overturn Roe v. Wade. Trump isn’t known for his truth-telling or promise-keeping. But in this critical matter, he wasn’t lying. He kept his word.

But the court’s ending nearly 50 years of a fundamental right is still gut-wrenching.

We’ve known that America, though a democracy, has long had a record of denying rights and dignity to all of its citizens.

Black people were enslaved. For a good part of our history only white men could vote. Japanese people were put in concentration camps during World War II.  To avoid being scorned by their families, most queer people had to be closeted.

Yet until the court overturned Roe v. Wade, no civil right had been taken away.

Now, for the first time, I no longer think of our nation as a democracy.

As I’m writing, at least 13 states have laws that will immediately or in a short time ban abortions. States where abortion remains illegal are looking to find ways to prosecute out-of-state clinics and doctors who perform abortions.

In Texas, citizens are legally permitted to sue anyone (from an Uber driver to a clergy person to a doctor or clinic) who performs an abortion or helps anyone to obtain an abortion.

Putting reproductive freedom into the quagmire of state legislatures isn’t enough for many Republicans and members of the religious right.

They’re chomping at the bit, if the Democrats lose their slim majority in Congress and a Republican becomes president in 2024, to impose a federal ban on abortion.

To add to this toxic mix, some Republicans and members of the religious right want to punish women who’ve had abortions.

I am terrified for all who seek reproductive health care.

I have childhood memories of my mom, who had type 1 diabetes, having an abortion pre- Roe v. Wade. If my mother hadn’t had the abortion, she may have died when I was 7 and my brother was 4. Though devastated by the stigma of having an abortion when terminating a pregnancy wasn’t legal, my mom was lucky. She could afford to have an abortion.

Then (as now), many poor women couldn’t have afforded to have an abortion or have the means to travel out of state to end their pregnancies.

One in four women have had an abortion. Now those needing reproductive health care (whether an abortion or, in some cases, treatment for miscarriage) again face stigma. Poverty will prevent many from having legal, safe abortions.

People won’t stop terminating their pregnancies. If they have to, they’ll resort to unsafe, self-administered abortions.

As a lesbian, I, like many queer folk, fear that the repeal of Roe will be a foreshadowing of the overturning of LGBTQ rights (from marriage equality to the right to have sex with whom we love).

In post-Roe America, fighting for the rights and dignity of women, LGBTQ folk and other marginalized people will be the life’s work of our generation and of generations to come.

Kathi Wolfe, a writer and a poet, is a regular contributor to the Blade.

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We need more inclusive data to drive progress for LGBTQI+ communities

Bill would require federal surveys to include questions on sexual orientation, gender identity

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As we celebrate the immeasurable contributions of LGBTQI+ people during Pride month and commemorate the 53rd anniversary of the Stonewall Riots, we must also renew our commitment to advancing a more equitable America for our LGBTQI+ communities.

Seven years ago, the Supreme Court made marriage equality the law of the land, but despite this progress, over half of U.S. states can still deny LGBTQI+ people in the United States basic freedoms. LGBTQI+ individuals can still be denied a rental home or a wedding cake, simply because of who they love or how they identify.

Even worse, conservative lawmakers in state legislatures across the country are passing extreme bills targeting LGBTQI+ communities.  These Republican-sponsored measures directly attack LGBTQI+ youth—their identity, dignity, and even access to basic health care.

The historic inequities faced by the LGBTQI+ communities and the uptick of radical, anti-LGBTQI+ attacks demand a coordinated federal response.  But for far too long, policymakers have lacked the data necessary to craft and implement public policy that serves LGBTQI+ people in the United States. 

While the federal government currently collects some data on LGBTQI+ people, it falls dramatically short. 

The American Community Survey only accounts for cohabitating same-sex couples—meaning that it does not capture more than 5 in 6 LGBTQI+ adults. 

That is why the U.S. House of Representatives passed the LGBTQI+ Data Inclusion Act last week in a historic bipartisan vote of 220-201.  

The bill would require federal surveys to include questions pertaining to sexual orientation, gender identity, and variations on sex characteristics on a voluntary, confidential basis. By doing this, the LGBTQI+ Data Inclusion Act would ensure that lawmakers and federal agencies have the comprehensive data they need to advance polices that better serve LGBTQI+ people.

Solid data on sexual orientation and gender identity in federal surveys will help lawmakers craft policies to remedy the disparities faced by LGBTQI+ individuals—particularly LGBTQI+ people of color, who are disproportionately impacted by these disparities.  More comprehensive and inclusive federal data could help remedy systemic inequities in unemployment, health care, housing instability and more.

Earlier this month, President Biden issued a groundbreaking executive order to advance equality for LGBTQI+ people across the United States — including by expanding the collection of data pertaining to LGBTQI+ people in the United States.  This legislation would expand the ability of our federal agencies to follow the President’s directive so that we can craft policies tailored to the specific needs of our LGBTQI+ communities. 

As parents, we also championed this legislation because it will help parents across the country better understand LGTBQI+ youth and their experiences.  LGBTQI+ youth deserve the best available data-driven information and resources to validate their experiences, protect them from harm, and help them thrive.  Together, we’ll be able to provide these resources for LGBTQI+ youth who are higher risk of depression and attempted suicide.

The LGBTQI+ Data Inclusion Act is a long overdue step in the right direction, and it could not have been possible without the tireless work of LGBTQI+ organizations and activists.  More than 150 LGBTQI+ groups and allies have helped shape this bill to ensure that Congress enacts the most comprehensive and effective legislation possible.

Policymakers have a duty to lift LGBTQI+ voices and ensure our LGBTQI+ constituents are all seen, heard, and counted. The House made history this Pride month and passed the LGBTQI+ Data Inclusion Act, we urge our colleagues in the Senate to do the same.

Rep. Raúl Grijalva (D) is a member of the U.S. House from Arizona; Rep. Carolyn B. Maloney (D) is a member of the U.S. House from New York.

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Turkey Pride crackdowns only strengthen LGBTQ resistance

Hundreds arrested in Istanbul on Sunday

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Police crackdown on the Istanbul Pride march on June 26, 2022. (Photo courtesy of Hayri Tunç)

The waving colors of the thousand shades inside of a rainbow,

The sparkling joy from the pride and honor of self-declaration, 

The echoing sounds of the steps for solidarity in the cobblestone streets of İstanbul, 

To unite for equality, for justice, for solely our right to be. 

This was our goal, our expectation and our hope for Pride Turkey 2022. It has, however, been overshadowed by the government’s vicious attempts to repress the colors of the LGBTQI+ community. 

First, it started with the ban of Pride speeches and panels that many district governors and other local authorities across Turkey announced. Local police officers raided the many event venues as if “illegal” activities were being conducted. 

As in the last couple of years, it was already expected the government would ban the Pride marches in many cities. It was, however, the first time the government officially tried to prevent even face-to-face community gatherings of LGBTQI+ organizations. It was a type of intervention reflecting the level of fear and intolerance of the government regarding the growing connection, solidarity and public visibility of LGBTQI+ community.

Nevertheless, oppression often brings out the most creative means. As such, Pride committees have carried all the activities on digital platforms. Many activists and civil society representatives have shown support by participating in live broadcasts from event venues, and the voice of LGBTQI+ solidarity still reached a wide audience. 

Subsequently, the most drastic pressure by the government has manifested itself during the Pride marches. The police violently intervened and used unproportionate force against marchers in many cities, which resulted in a radical number of unwarranted detentions. 

While 530 LGBTQI+ activists were taken into custody over the last 37 days across Turkey, 373 of them were arrested during the Istanbul Pride march on June 26. This constitutes a first, since the Istanbul Pride arrests constituted the largest number of people taken into custody during a street march since the Gezi protests.

Will these enormous efforts to pressure win the day? The answer is “definitely no.” On the contrary, it sparked a backlash by triggering strong solidarity among Turkey’s queer community. The outstanding resistance of LGBTQI+ marchers gained public recognition on social media, while persistent legal support of LGBTQI+ initiatives canceled all the detentions. In the end, the exhaustive pressures of the government could not manage to fade the multicolor of LGBTQI+ identity. In fact, it helped our rainbow flag to shine even more glamorous and visible.  

We, as members of the LGBTQI+ community, have once again proved through this entire experience that solidarity, togetherness and collective resistance are the most powerful facilitators in our fight to exist equally.   

In honor of the unbreakable resistance of Turkey Pride 2022 supporters, 

Thanks to you, the cobblestones of Istanbul and every street in Turkey echoed with the steps of LGBTQI+ solidarity.

Dilek İçten is a journalist, researcher and civil society expert with a demonstrated history of working in interdisciplinary and investigative research projects examining the socio-cultural dynamics of media, gender and migration. The focus of her work varies from freedom of expression, media censorship and journalistic independence to gender based-discrimination and hate speech against disadvantaged groups and minorities.

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