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LGBTQ rights and inclusion amid Botswana’s constitutional review process

All Batswana must be included in debate

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Constitutional review interest group meeting in Kasane, Botswana. (Photo by Raymond Kolanyane)

The Botswana courts are among the very few in Southern Africa that has set a trajectory in realizing and protecting LGBTIQ+ rights. 

In 2016, the Botswana Court of Appeal, in the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) registration case, proclaimed that “members of the gay, lesbian and transgender community, although no doubt a small minority, and unacceptable to some on religious or other grounds, form part of the rich diversity of any nation and are fully entitled in Botswana, as in any other progressive state, to the constitutional protection of their dignity.” This remark would go on to set the tone for queer rights in Botswana and the region. 

The presidential promise of advancing together

Commencing the 2018 16 days of activism against violence on women and children campaign, President Mokgweetsi Masisi acknowledged LGBTIQ+ people as vulnerable a group who continue to face stigma and discrimination in Botswana. He went on to say that they need equal protection under the law. This an authentic statement because they do form part of the rich diverse nation of Botswana. In response, the members of the LGBTQI+ community through an open letter thanked him for his words and encouraged him to live up to his call for protection. In 2019 during his election campaign, the president of Botswana promised Batswana a fair and equal constitutional review process that reflects the voices and concerns of all Batswana — regardless of their social, economic and gender status. This coming at a time when his government was fighting for the recriminalization of LGBTIQ+. This appeal by the State was a push for the continuous exclusion of LGBTIQ+ and denying them their fundamental rights to freedom of expression, liberty, privacy, dignity and protection under law. In its sense, being LGBTIQ+ is a political statement and to fully enjoy the privileges that come with the bill of rights as stipulated in the constitution one needs the backing and pledge of allegiance from the government. 

A constitutional review – a space for all?

In January 2022, President Masisi had promised that the constitutional review process would be inclusive of LGBTIQ+ people. This had given hope and a form of relevance and belonging to the LGBTIQ+ community that finally we were being seen by the highest office in the land.  This presidential promise had encouraged LGBTIQ+ people to practice their fundamental civic duty and contributing to a better and inclusive nation. The constitutional review process commenced at the anticipation of Batswana, but more anticipated was the LGBTIQ+ community. Would this process be inclusive, and progressive and reflect the diversity of Batswana as promised by the president bearing in mind his consistency and failure to live up to his words or were the LGBTIQ+ community once again a pawn in the political game? A December 2022 Afrobarometer report showed that an increasing number Batswana are losing trust in the president’s office. This is followed by the recent controversial reports around the president interfering with the judicial system in the just concluded Bamalete land case. One tends to wonder the legitimacy and question the transparency of the mandate of the Office of the President in ensuring that all Batswana are included and have a fair access to social, economic and legislative practices. In our fight for the realization and promotion of human rights for all, to become true leaders and masters of diversity and inclusion, we must be deliberate and intentional about practicing inclusion from all dimensions.

The bare minimum and reflection of diversity

President Masisi had appointed the Presidential Commission of Inquiry to review Botswana’s Constitution and spearhead this process. In country of 2.4 million people representation matters. The commission of inquiry to tick the gender box have eight females form part of the 19 tasked force team. The rather disappointment that when diversity and representation is addressed, it is only limited to cisgendered male and female. It does not consider the broader gender and sexuality spectrum. Such an essential democratic and civic process needs representation of already marginalized groups, such as young women, people living with disabilities and LGBTIQ+ people. After all, the High Court did state that they [the LGBTIQ+ community] form part of the rich diversity of Botswana. The president, after his promise ensuring inclusion of LGBTIQ+ people in the constitutional review process, made an intentional decision to exclude LGBTIQ+ persons in the commission of enquiry. The Presidential Commission of Inquiry task force had experts from the public workers union, House of Chiefs, Village Development Committee, public health education sector, religious community, advocates for people with disabilities and the attorney general’s office. The setup of the commission contributes to multiple forms of exclusion of sexual and gender minorities; as country that recently decriminalized a group that had been marginalized and vulnerable for decades, the intentional representation of LGBTIQ+ people would have been present in the commission of inquiry.  

The ignorance of considering the law

In 2021, when the Botswana Court of Appeal decriminalized consensual same sex-sexual relations, this saw a landmark change and the continuous, infectious trajectory from the 2016 LEGABIBO registration case. This put another stamp of approval of legitimacy by the courts that human rights indeed are for all. The fundamental rights to expression, liberty, privacy and equal protection under the law are to be enjoyed by LGBTIQ+ people. This was now the law as pronounced by the courts. The process of constitutional review failed to live up the law — to protect and include LGBTIQ+ people. Society and its norms are dynamic and evolutionary and transform as a society and the world change. LGBTIQ+ people mobilized one another and collectively entered a setting that from the onset aimed to exclude them. The constitutional review process setting included the Kgotla setting, which for many queer people and women is already an unwelcoming place filled with patriarchal dominance. Galvanized with religious and traditional fundamentalist the Kgotla platform seemed like a deliberate intention to continue excluding women and queer people. In 2021, women who wore pants were turned away from receiving the COVID-19 vaccinations at the Kgotla spaces. Queer resilience is a powerful thing as this did not discourage LGBTIQ+ people from exercising their democratic rights. LGBTIQ+ showed up and showed cause. If there is one thing to learn from a community who for years have been criminalized and ostracized is that we continue to have hope and that the struggle for true freedom and liberty continues. A luta continua!

The presidential commission of LGBTIQ+ erasure

The commission of inquiry submitted its final report with recommendations to the president for consideration. The report was also made available to the public to engage with. The voices captured and recommendations made caused an outcry from the public, civil society organizations and human rights movements. The report displayed the continuation erasure LGBTIQ+ people and goes against the orders of the courts which are now laws and the utterances of President Masisi. The commission needed to investigate best practices and incorporate these into the recommendations to the president for review. It needed to have identified and differentiated constitutional matters from civic and social matters. The recommendations took little to no human rights-based approach resulting in multiple discriminatory and harmful recommendations that impact various vulnerable and marginalised groups in Botswana. The report was unsafe and lacked inclusive and protective language, this in addition to it already being anti-gender and anti-LGBTIQ+. This goes against the principles and ethics of human rights, body autonomy and doing-no-harm.  

Bradley Fortuin is the LGBTIQ+ Program Officer at the Southern Africa Litigation Center and is social justice activist with over 10 years of experience in program design and strategic management, focusing on developing, implementing, and strengthening LGBTIQ+-led movements. 

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What LGBTQ veterans are building after ‘Don’t Ask, Don’t Tell’

DADT repeal took effect on Sept. 20, 2011. Trans servicemember ban reinstated

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The Pentagon (Photo by icholakov/Bigstock)

Fifteen years ago this month, the repeal of “Don’t Ask, Don’t Tell” took effect. At the time, the importance of the change was obvious: gay, lesbian, and bisexual Americans would no longer have to hide who they were to wear the uniform. What was harder to see was what would follow: a generation of LGBTQ veterans able to carry their service openly into American civic life.

Earlier this month, Alaska state Rep. Andrew Gray, an Army veteran, stood before the Anchorage Assembly and asked the city to recognize Sept. 20 as LGBTQ Veterans Day.

His former commander, Mike Grunst, followed him to the microphone. A 35-year veteran who had served in combat, Grunst called troops who had served while hiding who they were “the bravest I have ever served with.”

Then Denise Sudbeck stepped forward. A Vietnam-era Navy veteran who later served with both men in the Alaska National Guard, she thanked the country for the privilege of serving and asked that the next generation have the same chance.

The Assembly approved the recognition.

Nothing about the scene required a new vocabulary. A veteran made a request of his community. A commander vouched for those who served beside him. Another veteran asked that younger Americans inherit the opportunity she valued. They entered the civic record simply as veterans.

That identity can do more than win recognition.

When federal policy abruptly ended the careers of transgender servicemembers this year, veterans and servicemembers in California began asking a practical question: What happens when those Americans come home?

Republican Assemblyman Jeff Gonzalez, a Marine combat veteran, began one hearing with questions about transgender military service. He listened as veterans explained how the military handles medical care and deployment case by case.

Then the discussion turned to separation.

“I don’t wanna see any veteran homeless,” Gonzalez said. Before the hearing ended, he was asking: “How can I help? How can I understand? How can I be a good advocate?”

The legislation that followed would provide housing, employment and transition assistance to discharged servicemembers. Republican state Sen. Shannon Grove spoke for it. The Senate passed it 32 to 0.

Americans have plainly not settled their disagreements over transgender people. Nor should military service be a prerequisite for rights that belong to every citizen.

But military service creates relationships that are difficult to reduce to the abstractions of the culture war. Before a legislature, “the transgender issue” can become a veteran who deployed, an officer who led troops, or the person who once stood beside you.

The political question changes because the human relationship has already changed.

The pattern is beginning to appear across the country. Kansas is among the states recognizing LGBTQ Veterans Day for the first time this year. New York and Virginia are pursuing broader state-level programs for LGBTQ veterans.

Sept. 20 is deliberate. On that day in 2011, “Don’t Ask, Don’t Tell” ended.

We usually remember repeal for what LGBTQ Americans gained: the ability to serve openly. Fifteen years later, we can also see what the country gained.

A gay veteran can stand before his local government beside the commander who once led him. A transgender servicemember can sit before a legislator who begins with doubts and ends by asking how he can help. A veteran from an older generation can ask her neighbors to give those who follow her the same chance to serve.

This is citizenship in practice.

The enduring legacy of “Don’t Ask, Don’t Tell” repeal is not only that Americans were finally allowed to serve openly. It is also what they can now build after coming home.

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Gun reform is an LGBTQ rights issue

‘I am sick of Congress refusing to lift a finger to protect our communities’

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(Image by Andrii Koval/Bigstock)

Earlier this month, 44-year-old Ousman Ceesay allegedly shot two people in the parking lot of Venture-N, a well-known gay bar in Tucson, Ariz. Both victims — Vincent Anthony Siquerioes and Cameron Davis Capara — died at the scene. Police discovered a list of several LGBTQ businesses on Ceesay’s person, and evidence points to how Ceesay confronted Siquerios and Capara in the bar’s parking lot before killing them. According to a news release, police are investigating the incident as a hate crime. 

The event was reminiscent of the 2022 Club Q shooting and the Pulse nightclub shooting, where Omar Mateen shot and killed 49 people and wounded more than 50 more at the gay nightclub in Orlando. Survivors and the wider queer community recognized the 10th anniversary of the shooting this past June 12. As the queer community grieved another shooting targeting LGBTQ safe spaces this month, some members of the LGBTQ community are raising the call for gun reform as a key step to protect LGBTQ rights. 

Gun violence is a major issue for the LGBTQ community. LGBTQ people are more than twice as likely to be the victims of violent crime than straight and cisgender people, with one in five hate crimes in the United States motivated by queer phobia. This means that LGBTQ folks are more likely to be violently attacked by a stranger compared to their cisgender, straight counterparts. In school settings, 29% of transgender youth and 16% of gay and lesbian youth have been threatened or injured with a weapon, compared to 7% of cisgender youth. 

There is an ongoing epidemic of gun violence injuring and killing trans women of color in the United States today. One study by the nonprofit Everytown for Gun Safety identified that the number of trans people who were murdered in the U.S. doubled between 2017 and 2021, increasing 93% in that time period. Everytown for Gun Safety recognizes that these aren’t even the actual numbers as many trans people are misgendered or deadnamed by the police, media, or their families so their deaths are not incorporated into these numbers and tied to systemic gun violence against the wider LGBTQ community.

As a community with higher rates of self harm and suicide, easy access to firearms increases the risk that a suicide attempt will end in death. This does not mean that LGBTQ people are mentally ill, a popular far right talking point. LGBTQ people are not more likely to experience suicidal ideations and die by suicide not because they are LGBTQ but because of the stigma surrounding their identities. LGBTQ young people are more than four times likely than their non-LGBTQ peers to attempt suicide, and the Trevor Project estimates that 1.8 million LGBTQ people between the ages of 13 and 24 consider suicide in the United States.  

As the Williams Institute shows, this makes gun violence a serious public health concern for the queer community. As Dr. David Hemenway, co-author of a 2016 study published in the American Journal of Medicine said, “differences in overall suicide rates across cities, states, and regions in the United States are best explained not by differences in mental health, suicide ideation, or even suicide attempts, but by availability of firearms.”

Gun violence is also a major queer issue given that trans and gender expansive individuals are at greater risk of experiencing intimate partner violence. Compared to the 35% of straight women who experience intimate partner violence, 44% of lesbian and 61% of bisexual women report experiencing rape, physical violence, or stalking by an intimate partner. This number is also higher for bisexual men (37% of whom experience intimate partner violence compared to 29% of straight men). This number is much higher for trans folks; more than half of people surveyed reported some form of intimate partner violence, according to a 2015 survey

During the second Trump administration, ongoing legal attacks on LGBTQ rights, executive orders that deny the existence and protections of trans, nonbinary, and gender expansive individuals, and virulent opposition to and disbanding and defunding of DEI initiatives, LGBTQ employee resource groups, queer history collections, exhibitions, and education, LGBTQ representation in libraries and school settings, and the firing of federal workers allegedly because they are queer — realizing a new Lavender Scare — have emboldened violent homophobes.

After the Club Q shooting, Rodrigo Heng-Lehtinen, executive director of the National Center for Transgender Equality, explained that “the rhetoric and the legislative attempts to erase transgender people sends a signal that violence toward us is tolerated.” This has become even more dire after a 2025 White House memo prioritized identifying “radically pro-transgender” groups as national security threats, in line with the Heritage Foundation’s plan to designate trans people terrorists. In response, Congresswoman Suzanne Bonamici shared, “the Trump administration’s endorsement and proliferation of hateful and violent rhetoric against the trans community is putting lives at risk,” particularly the push to label trans people and their allies as terrorists. 

As Congresswoman Adelita Grijalva said on the House Floor following this latest tragedy, “when that [anti-LGBTQ+] hate is combined with easy access to firearms, the consequences can be deadly. I am sick and tired of Congress refusing to lift a finger to protect our communities while, every day, dozens of people are shot and killed across the country.”

A 2018 survey shows that the wider LGBTQ community supports gun reform — with 93% of lesbian, gay, and bisexual adults supporting background checks and 72% opposing legislation and procedural changes that make it easier to obtain concealed weapon permits. This is not to say that the wider LGBTQ community opposes gun ownership. In fact, a growing cohort of LGBTQ individuals and other members of minority and marginalized groups are investigating gun training and ownership to protect themselves. Part of their motivation is not just protecting themselves against perpetrators of hate-motivated gun violence but also against state and federal agents that are increasingly attacking the LGBTQ community.

After the shooting, Tucson police increased their presence at other LGBTQ businesses in the city, but locals expressed concern that this would alienate some LGBTQ patrons, especially queer and trans patrons of color, and might also lead to further violence knowing that police continue to be instigators in and perpetrators of queer phobic violence. A Williams Institute study published this past year highlighted how LGBTQ people, especially queer people of color, LGBTQ youth, and trans and gender expansive individuals experience higher rates of profiling, discrimination, harassment, and entrapment from law enforcement. 

This is one of the reasons that police presence at Pride events continue to be controversial, as community members remember how the police were the major antagonists at the Stonewall and Compton’s Cafeteria riots. The LGBTQ rights movement came to be largely because queer and trans people of color fought back against violent police harassment and abuse. 

As someone who was traumatized by active shooter drills in elementary, middle, and high school, I am exhausted and heartbroken by continued gun violence and politicians’ refusal to consider and take action through gun reform legislation. Whether intentional or not, their hesitation to discuss and address this issue publicly and to use their political power to prevent future shootings communicates to LGBTQ+ people that they do not care about us. With gun violence disproportionately affecting our community, their silence and inaction is a form of queer phobic violence itself allowing tragedies like Tucson to continue happening. 

(If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline. You can also text HOME to 741741 or visit SpeakingOfSuicide.com/resources for additional resources. You are not alone.) 


Emma Cieslik is a D.C.-based museum worker and public historian.

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Trump’s Cabinet: Dumb, dumber, dumbest, and evil

Corrupt officials working to undo 250 years of progress

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Secretary of State Marco Rubio (Washington Blade file photo by Michael Key)

Dumb, dumber, dumbest, and evil. Any of the felon’s Cabinet and close aides could fit these terms depending on the discussion. 

You have Commerce Secretary Lutnick saying “no American military were killed in Iran war.” Then it was reported our venal Vice President JD Vance said, “The current hostilities shouldn’t even be called a war, since ‘active combat operations’ ended months ago. Right now, there is no active shooting, Vance insisted. This despite the U.S. and Iran still currently exchanging fire, including around the Strait of Hormuz. 

Then the fool-in-chief, the felon in the White House, said about Vance’s comments, “U.S. strikes on Iran are now “intermittent” and a lot of people don’t call it a war. I can understand what he’s saying. I call it a military conflict because it’s small potatoes for us. It’s not a big thing.” All this even though this so called “conflict” has cost U.S. taxpayers more than $37.5 billion and left 18 U.S. service members dead, hundreds injured. 

All this after Secretary of State Marco Rubio said, “the Trump administration’s objective in the conflict surrounding the Strait of Hormuz is to restore shipping conditions to what they were before the war with Iran began.” Then self-hating, gay, Secretary of the Treasury, Scott Bessent, chimed in, after two days of meetings with finance ministers from around the world, blaming Ukraine for high oil prices citing “Ukraine’s attacks on Russia’s oil infrastructure as part of the reason for the global energy shock.” These people all belong in an asylum, or jail.  

When not talking about the war, as he is losing it badly, the felon-in-chief talks BS at a rally in Texas. Then he talks about redesigning Washington. Lutnick, speaking at a judicial hearing on whether Trump can put his name on the National Monument honoring JFK, said, “Donald Trump is the most credible person in the world” while arguing that the Kennedy Center should bear his name because he’s vowed to raise the funds to renovate it. That, even though the funds were approved by Congress and not raised by Trump. Then Trump’s tariff war on the world, now focused on Canada, which is screwing the American people, and his believing an Executive Order can get the world to call bodies of water like the Gulf of Mexico, and Lake Ontario, by different names. Or that he can change the name of the Department of Defense, to the Department of War, which only Congress can do. With the help of the fascist sycophants around him, he creates chaos in the world. 

He has torn down part of the White House, and tries to build an arch. Spent millions and caused the destruction of the reflecting pool. Some of these things will be undone, others will remain, but his name will go down in history, not on buildings, as the worst president ever. People will laugh at him as they move to remove his name from everything they can, just as New Yorkers did when he was first elected, embarrassed to be associated with him. 

Now for any sane person looking at, and listening to, this chaos, it is abundantly clear how embarrassing all this is for the country. It is clear he is moving the nation backwards when it comes to the equality and equity we have fought so hard to accomplish. Our country began with us killing, and taking land, from Native Americans. The founders of our nation 250 years ago only recognized white men. They left out women and Black men. We have spent the past 250 years trying to move forward from that beginning. Trying to live up to the statement in the Declaration of Independence that said, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” 

We have come a long way, but still have not been able to add women’s equality to our Constitution. But Trump, along with his fascist aides and sycophants in Congress, is trying his best to undo all we have accomplished in those 250 years. Trying either to take away the right to vote, or make it harder to do. They took away the right of women to control their own healthcare, and are making it harder for Black people and the LGBTQ community, to live their lives fully, with dignity and safety. They will accomplish all this, and more, if not enough people come out on Nov. 3 and say, NO MORE. However, if enough decent people vote, we can take back our country, and our future. 


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

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