Opinions
Flood of anti-homosexuality bills in Africa threatens us all
Ugandan lawmakers on Tuesday approved revised Anti-Homosexuality Bill
Castration. Banishment. Execution.
This is the fate that a slew of new bills and their proponents in Africa seek for lesbian, gay, bisexual, transgender and queer (LGBTQ) people: Not only to criminalize adult same-sex sexual intimacy, but to eradicate sexual and gender diversityāincluding by executing queer people. 32 countries in Africa already criminalize consensual same-sex conduct. The new wave of laws goes much further, enforcing public silence around LGBTQ peopleās existence, enlisting citizens as spies, and making every human rights proponent a potential criminal.
LGBTQ Africans are a fact of life. No law will make them disappear. But by promoting laws that posit queer peopleās very existence as a problem to be eliminated, and constructing an unseen enemy that could be hiding around any corner, politicians convince the public to accept shockingly repressive legislation.
The ideology underpinning such laws is nothing short of genocidal. Under international law, genocide is the attempt to destroy a group of people, in whole or in part, including by ādeliberately inflicting on the group conditions of life calculated to bring about its physical destruction.ā The strict legal definition of genocide only applies to ānational, ethnical, racial or religiousā groups, but no other term as clearly captures the depravity of legislation that seeks to eliminate people because of their sexuality or gender.
Genocidal ideology underlies Ugandaās Anti-Homosexuality Bill of 2023, passed by Parliament on March 21. It attracted international condemnation as possibly the worst anti-LGBTQ law anywhere in the world, imposing the death penalty for some forms of consensual same-sex conduct. That bears repeating: 387 members of Parliament in Uganda voted to subject gay people to the firing squad for consensual sex. They voted for the death penalty yet again after President Yoweri Museveni returned the bill to Parliament on April 20, requesting amendments including the removal of the death penalty. The revised bill, passed on May 2, contains only minor changes. Families and landlords will still be forced to turn out queer people living into the streets. Speaking up for the ānormalizationā of sexual and gender diversity, or funding work that advances human rights or economic inclusion for LGBTQ people, still leads to a 20-year prison sentence. Prison officials and social welfare agents would be tasked with ārehabilitatingā people convicted under the bill in a form of state-sponsored āconversion therapyā practices. The law maintains a āduty to reportā anyone suspected of homosexuality, calling on everyone in Uganda to support the police state by spying on their neighbors, family members and coworkers.
Uganda is only the tip of the iceberg. Its brand of virulent homophobia appears to be contagious: In Kenya, MP George Peter Kaluma submitted the Family Protection Bill of 2023 to the National Assembly on AprilĀ 7. The bill was a harsh response to a Supreme Court victory affirming that the National Gay and Lesbian Human Rights Commission had the constitutional right to register and operate as a non-governmental organization. Kenyaās proposed law follows Ugandaās example in providing the death penalty for some consensual same-sex acts, prohibiting organizations from ānormalizingā homosexuality, and penalizing landlords who rent living quarters to persons in same-sex relationships. It copies and pastes language from Ugandaās bill that forces citizens to become thought police:Ā If you āsuspectā that someone āintendsā to commit an act prohibited by the proposed law and do not report them, you can be fined or jailed. It also prohibits ācross-dressing,ā an attempt to specifically legislate trans people out of existence.
Ghanaās Human Sexual Rights and Family Values Act of 2021, currently before Parliament, seems to have provoked less global outrage: It prescribes 3-year prison sentences for offenders rather than life imprisonment or the death penalty. Yet some of its provisions are even more draconian. They criminalize the very existence of diverse identities and orientations: a person can be shut behind bars for āholding outā asĀ ālesbian, gay, bisexual, transgender, transsexual, ally, pansexual and any other diverse sexual or gender identity.ā Again, an attempt to legislate queer people out of existence.
Other proposed anti-homosexuality legislation looms in Francophone countries that were spared the British colonial heritage of criminializing so-called unnatural offenses. In Mali, Justice Minister and Keeper of the Seals Mahamadou Kassogue described homosexuality as āan unnatural relationship,ā stating that it would soon be banned and that the Malian ājustice does not accept this practice of homosexuality.ā In Niger, President Mohamed Bazoum made remarks on the intention to introduce a new Penal Code that would criminalize homosexuality.
The tabling of legislation has been accompanied by a barrage of comments from politicians calling for atrocities to be perpetrated against LGBTQ people. On March 21 during Ugandaās Parliamentary Caucus on the Anti-Homosexuality Bill, MP Sarah Opendi made statements to the effect that life imprisonment upon conviction for homosexuality is inadequate, adding that the most appropriate sentence would be castration. In Tanzania, a senior ruling party member Mary Chatanda also called for castration of people in same-sex relationships in March. Like Uganda, Tanzania already has a life sentence on the books for āunnatural offensesā and while no new law is pending, Chatandaās comments were followed by a spike in anti-LGBTQ violence and raised fears that new laws might be tabled. Still within the same month, Burundi President Evariste Ndayishimiye urged citizens to “curse those who indulge in homosexuality, because God cannot bear it.” He added that “they must be banished, treated as pariahs in our country.” Queer people are already denied other fundamental rights in Burundi, where the law lists homosexuality as a basis of expelling students from secondary schools, thus interfering with the right to access education.
From the death penalty to elimination of safe access to housing, health care and education to calls for castration, banishment and mandatory āconversion therapyā practices, these laws and statements share one characteristic: They seek to destroy LGBTQ lives and livelihoods. Outright has documented how even before such bills are passed, they contribute to increased violence by members of the public as well as by law enforcement officials. These bills are deadly, and while legislating the elimination of queer people from public existence may not legally constitute genocide, it is genocidal thinking. Politicians who call for the execution, castration or banishment of queer people should also be aware that they are advocating crimes against humanity. The implementation of such laws could be tantamount to gender persecution ā persecution on the basis of gender as part of a widespread or systematic attack directed against any civilian population ā which is prohibited under the Rome Statute that established the International Criminal Court.
Meanwhile, not only queer people but also the general public in countries passing such bills will see their rights eviscerated through provisions that regulate what opinions they can express, what human rights causes they can support and to whom they can provide goods and services. Internet users, medical providers, artists, well-wishers, allies and creatives will find themselves in conflict with these laws.
Human rights are universal, inherent, inalienable and indivisible. Outright not only recommends that these bills are not affected into law, but also urges all civil society to condemn such moves to curb the enjoyment of human rights and fundamental freedoms in the name of eliminating LGBTQ existence.
Opinions
Unfair attacks on Springfield Haitians recall our disturbing past
Political rhetoric feeds a system of harm that destroys lives
By Dwayne Steward
I am equal parts amazed and baffled by how often history repeats itself in this country.
As I watched the viral popularity of the āeating cats and dogsā moment explode across the globe following the presidential debates on Sept. 10, I couldnāt help but be reminded that this isnāt the first time the American political system has unfairly and inaccurately sacrificed the Haitian community at the altar of political fodder.
In 1982, just a year after the first scientific article was published identifying the AIDS virus, the U.S. Center for Disease Control and Prevention named the ā4-Hāsā as the leading at-risk communities for HIV transmission: āHaitians, Hemophiliacs, Homosexuals and Heroin addicts.ā Today the CDC would consider most of these terms culturally inappropriate and would definitely defy anyone labeling an entire racial demographic as a danger to the community for infectious disease transmission.
However, the damage was done. Many politicians, including President Ronald Reagan, were quoted using the ā4-Hāsā as a tool to perpetuate the misconception that HIV was only affecting a flawed minority. These four profiles for HIV transmission seeped deep into the American consciousness. Rampant discrimination and stigma continues to haunt immigrants of the Black Diaspora, LGBTQ communities and people who use drugs, to this day.
J.D. Vance has mentioned several times to the press that the immigrants āflooding into Springfieldā are increasing HIV cases in the area,Ā despite there being no epidemiological data from local or state public health entities to back his claims.Ā
Now, reports of bomb threats and ongoing safety concerns for Haitian people continue to dominate headlines. This rhetoric not only creates dangerous environments for the affected communities, but it also continues to support the codifying of laws that criminalize marginalized communities.
Earlier this year, Equality Ohio released aĀ groundbreaking reportĀ in partnership with the Ohio Modernization Movement that showed more than 200 Ohioans between 2014 and 2020 were charged under laws aimed at criminalizing people who are living with HIV or AIDS. A startling 35% of these cases were filed against people who identified as Black, and nearly 1 in 3 were Black men.
Currently there are six laws in Ohio that criminalize HIV using outdated and disproven information that hasnāt been used by the medical field since the early 1990s. Yet, these laws are still being used to over-police and incarcerate marginalized communities.
Political rhetoric doesnāt just feed viral internet entertainment, it also feeds a system of harm that destroys lives and separates families. We should expect more from our public officials. Haitians, and all immigrants, should not have to live in fear because of the old, hateful propaganda spread by the people who should be representing us. Unless or until that changes, we can fight for change in ways large and small ā even by thinking twice about the next meme we share.
Dwayne Steward is executive director of Equality Ohio. He previouslyĀ served as the director of Inclusive Excellence, Belonging & Accessibility at OSU Wexner Medical Center, and has been published in various publications on the topics of racial justice, sexual health, gender identity, and sexual orientation.
Commentary
To West Africa with love
Thoughts on Ghanaian tradition, queerness, and Western imperialism
You may know by now that Ghanaās parliament has just passed one of the harshest laws against its LGBTQ citizens in West Africa. Many advocates, activists, LGBTQ people, and allies are still trying to process why and how this happened.
During this announcement a person Iām closely tied to was in Juaben, Ghana.
They were celebrating the life and passing of their grandmother, who happens to be a Queen Mother (Juabenhemaa) of the Asante Kingdom in Ghana. It was an elaborate two week traditional ceremony with both private and public events and was attended by thousands as well as the whoās who in Ghana including President Nana Akufo Addo himself.
As a history major, a cultural enthusiast and Afro-futurist, I was excited to have first hand accounts with photos and videos of all the ceremonies and to see beautiful Ghanaian royalty and people in their decorated clothes, dress, dance, and tradition. While at the same time supporting my loved one virtually.
About four days into the two week ceremony, my person in Ghana texted me about a male dancer wearing traditional womenās clothes, wearing makeup with a stuffed buttocks. They found it intriguing and was eager to share with me. In this traditional space, it was normalized and the cultural dancer continued to even dance with other men at the ceremony.
They reported to me that some of the young anti-LGBTQ Ghanian Americans at the ceremony were disgusted and confused. One remarked āWhat? Is this ‘Drag Race now?ā as the colorfully dressed person continued to skillfully dance their traditional dance in honor of the Asante Queen Mother.Ā
Four days later the anti-LGBTQ law passed through the parliament of Ghana, devastating LGBTQ Ghanians, advocates, allies, and diaspora.
The bill now awaits the presidentās signature to be enacted.
As I read through the 36-page long document called Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill of 2021, the basis document for this legislation, it includes repetitive emphasis of resistance to foreign imposition and the maintenance of Ghanaian values, culture, sovereignty, and independence and rejection of homosexuality. The document is a combination of the efforts of various groups including Christian organizations, Muslim organizations, family rights organizations, and the traditional chiefs of Ghana.
I found it interesting that there was but one paragraph that mentioned the importance of protecting the lives of LGBTQ people. Can you guess which one group (Christian organizations, Muslim organizations, Family rights organizations and the traditional chiefs of Ghana) was solely appealing to protect the lives of LGBTQ people in the bill?Ā
The National House of Chiefs, the group most steeped in Ghanaian historical and cultural tradition, made some attempt within the document to shield the lives of LGBTQ people from harm.
Time and time again, advocates have purported that it is indeed the hatred of queer people that is an imposition. Yet they are Christian and family value organizations funded by the right wing organizations that claim to protect local culture and values but instead create divisions that threaten the livelihoods of their Ghanaian queer families.
It begs the question, What is so western about LGBTQ people?
If we are being completely honest, the language, culture and framework is certainly western.
The expression of self was never demonized in many now erased cultures across the world but the idea and framework of queerness today is.
The LGBTQ movement is largely a western movement and culture. From the rainbow flag to its terminology. Today LGBTQ/queer is the language we use universally to describe people whose self and sexual expression is not mainstream.
During colonization, many cultural indigenous traditions were lost including the language we used to identify our family and communities. It was then replaced with Christianity used as a tool to control and restrict ā as it continues to do so today.
Indigenous Native Americans are fortunate to have retained their language and some of their culture. Their language of two-spirit makes room culturally for those Indigenous people we would call queer today.
There are countless examples of cultures within West African traditions and culture that have celebrated and have space and language for their ātwo-spiritā people as described by the Native Americans or their āDagaraā people as described by people from the Ghanaian neighboring country Burkina Faso.
That said, as a result of our erased cultures today, LGBTQ/queer is the language and culture we have globally adopted – obviously to the ire of those who donāt quite understand their own culture.
Regardless of language, culture or foreign imposition, there is no excuse for the hatred, exclusion, and persecution of any group of people ā period.
From Uganda in East Africa, Ghana, West Africa to St. Vincent in the Eastern Caribbean the sentiment remains the same where there seems to be a confusion around cultural identity and the clutching onto an idea of sovereignty in efforts to continue to resist years of colonial oppression, imposition, and trauma.
We havenāt even begun to discuss how Christianity, another colonial tool, has culturally divided us and has our societal progress in a chokehold.
However, as a futurist, it is not helpful to remain in a place of blame, anger and self pity ā it gets us nowhere. This is the hand that we have been dealt and we must work in various ways to build up our businesses and to nurture and grow families, communities, and our people.
And so I offer this piece to the brave advocates across various post colonial landscapes ā draw close to the cultures and identities from whence you came. Activists like Lady Phyll and Alex Kofi Donor have remained entrenched within their cultural tradition signifying that being queer identifying people and being African in identity and culture arenāt mutually exclusive.
We ought to be bold in addressing and working with external groups ā the extremely tough and dangerous part of advocacy ā entering churches, parliaments, universities, and being visible and contributing citizens not only within local queer communities but outside of the silos and enclaves of our safe spaces. That visibility puts a human face and personality to our cause. We must be our own politicians. Building real relationships with folks who we may not always agree with but who we may see eye to eye with on other issues. Start showing up for other marginalized groups besides our own.
And perhaps Iām blinded by the context of the advocacy done in little Barbados, perhaps itās a safer place these days, an easier place to exercise this level of visibility … maybe.
What I do know is that we need to employ thoughtful strategy to our advocacy efforts because it was the strategy of the colonial powers that got us in this situation in the first place.
And it will be our understanding of our own people and the application of strategic thinking that will get us out.
Opinions
10 reminders of why we must vote for Harris
A strong LGBTQ turnout could swing election in key states
There are a million reasons to vote for Kamala Harris over Donald Trump but here are 10 of the best. If youāre not feeling the burn about casting your ballot, please remember just how close our last two elections were and how dire the 2016 consequences for the country. Indeed, a strong turnout by LGBTQ and allied voters could prove decisive in some key states.
So letās review 10 reasons why itās not only important ā but essential ā that all LGBTQ and allied voters show up to vote for Kamala Harris.
#10 The opportunity to make history. For the second time in 16 years, America has the exciting chance to make a historic choice for the White House. Kamala Harris would be the first woman and first woman of color to serve as president if elected. Itās not the #1 reason to vote for her but itās a pretty damn good ancillary benefit.
#9 The chance to send Trump into oblivion. After eight long years of commanding endless mainstream media attention for his ever-expanding list of racist, sexist, xenophobic, and transphobic attacks, we have the chance to finally dispatch ourselves of the toxic Trump. Heās insulted everyone from Gold Star families and the disabled to Meryl Streep and Rosie OāDonnell. That thereās anyone left willing to vote for him is mindboggling. (Iām talking to you Lindsey Graham and Ted Cruz.) Imagine how much our collective blood pressure will ease without having to endure wall-to-wall coverage of his every social media post. āMorning Joeā will be hard pressed to continue without Trump to mock but itās a sacrifice Iām willing to make.
#8 To preserve trans military service. In his first term, Trump tweeted that trans people were barred from serving their country āin any capacity.ā It was a cruel stunt that damaged careers and led to a direct uptick in hate crimes targeting the trans community. Thereās no doubt he would reinstate that ban on day one. Itās ironic that Trump goes after brave members of the military given his own ābone spurā excuse to avoid Vietnam. None of his kids has served either, of course. Trump has referred to dead service members as ālosersā and āsuckers.ā That comment alone ā corroborated by his chief of staff John Kelly ā should be disqualifying.
#7 To continue growing the economy. Iāve never understood all the naysayers who complain about the U.S. economy, which is envied the world over. No other country emerged from COVID as strong as we did, defying all expert predictions of recession ā record stock market numbers, record employment, rapidly declining inflation and interest rates. The Democrats have never been good at messaging and itās frustrating that they allow Trump to talk down our economy at every rally without a coherent response. The truth is our economy is strong and Harrisās plans to tax the wealthiest and invest in small businesses has been endorsed by leading economists over Trumpās ridiculous and doomed idea of starting a trade war with China over tariffs. The LGBTQ community is disproportionally entrepreneurial, so Harrisās tax benefits for small business owners will boost us tremendously.
#6 To aid Ukraine. The Blade has traveled to Poland and other Eastern European countries to cover the plight of LGBTQ migrants fleeing Ukraine after Russiaās invasion. Their stories are heartbreaking. We have an obligation to stand by Ukraine along with Western Europe to stop the murderous Putin and preserve democracy. Trump will cave to Putinās demands that he be allowed to annex large swaths of Ukrainian territory, emboldening the Russian dictator and encouraging further incursions into other neighboring countries.
#5 To stop Project 2025 in its tracks. We have documented the anti-LGBTQ horrors that await us if Project 2025 becomes the governing blueprint for a second Trump administration. The assaults are too many to recap here so just remember these lines from the document: āThe next conservative President must make the institutions of American civil society hard targets for woke culture warriors. This starts with deleting the terms sexual orientation and gender identity, diversity, equity and inclusion, gender, gender equality, gender awareness, gender-sensitiveā¦.out of every federal rule, agency regulation, contracts, grant regulation and piece of legislation that exists.ā
#4 To protect a womanās right to control her body. Predictably, women are now dying as a result of Trumpās abortion bans, as reported by ProPublica. And it will only get worse if Trump is re-elected and his congressional allies push through a national abortion ban as theyāve promised to do. If you think this isnāt about you, consider that Roe v. Wade provided the foundation for the Obergefell marriage ruling, which Justices Alito and Thomas have already said should be revisited.
#3 Supreme Court. Speaking of the high court, there is credible speculation that if Trump wins, Alito and Thomas will be pressured to retire, giving Trump an unprecedented five picks and a MAGA majority. Thatās game over for a generation and the end of Obergefell marriage equality, Lawrence privacy rights, and more.
#2 To preserve and advance LGBTQ equality. The last 20 years have brought unimaginable progress for LGBTQ rights, from marriage equality to the end of āDonāt Ask, Donāt Tellā to Bostockās conferring employment protections to most of us, and so much more. Thereās more to do, especially given the anti-LGBTQ state laws passed around the country giving rise to book bans, bathroom bans, and dangerous anti-trans healthcare restrictions. A Trump presidency jeopardizes all of our recent gains and puts us back on defense. A Harris presidency ensures we continue to move ahead and gives us a chance to undo some of the recent setbacks.
#1 To defend democracy. Trump and J.D. Vance whine a lot about criticism that they are undermining democracy, claiming these accusations are to blame for two recent assassination attempts. For someone who trafficks in violent rhetoric all the time, itās a brazen and hypocritical claim. Thereās an old saying about living by the sword that Trump should Google. But itās not hyperbole to suggest that a Trump presidency would represent the end of democracy. Heās already incited an insurrection after badly losing the 2020 election. Trump and Project 2025 promise to gut the federal government, lock up critics and journalists, allow Putin to do āwhatever the hell he wants,ā privatize critical government functions, ban books and DEI, and even to ban pornography. The list goes on. Yes, itās the end of American democracy if he wins.
But this election isnāt just about rejecting Trump. Itās also about embracing the promise of a Harris administration, which would bolster the economy, respect human rights, fight for equality, combat climate change, fix the border, advance gun reform, and promote many other common sense, centrist policies supported by a majority of Americans.
There you have it, a succinct reminder of whatās at stake on Nov. 5. So vote for Kamala Harris and Tim Walz and send a message that character still matters, that America remains a trusted defender of human rights, and that we wonāt let a dangerous convicted felon anywhere near the Oval Office again.
Kevin Naff is editor of the Washington Blade. Reach him at [email protected].
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