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With or without websites and cakes, we will continue to get married

U.S. Supreme Court ruled against LGBTQ people in the 303 Creative case

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U.S. Supreme Court (Washington Blade photo by Michael Key)

History! That’s what this U.S. Supreme Court accomplished last Friday with its most recent decision toward the LGBTQ+ protected class. It’s the first time in history that a Supreme Court, despite the composition of its members, has restricted rights and benefits to a protected class instead of granting them more. The Supreme Court, throughout history, has been a tent to extend the interpretation of federal laws to give more rights and include more protected classes within them. Despite the immobility of Congress and the difficulties of getting new bills to become federal law, the Supreme Court has always found a way to create more jurisprudence to benefit vulnerable populations. Until now, unfortunately. 

Title VI of the 1964 Civil Rights Act, for example, states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Even though the original text of Title VI didn’t include protections for individuals with Limited English Proficiency (LEP), on Aug. 11, 2000, the president signed Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” extending national origin protections to LEP individuals. This extension occurred after several Supreme Court decisions where individuals from other nationalities with limited English proficiency couldn’t access the same benefits. 

Another example was the first case where Justice Ruth Bader Ginsburg brought to the attention of the Supreme Court the unconstitutionality of a law that limited women’s rights in Idaho. In Reed v. Reed (1971), the first time gender discrimination was recognized as a direct violation of the Constitution and became the basis for future decisions. For the first time in history, the Supreme Court decided that gender/sex equality was classified as a protected class under the 14th Amendment’s Equal Protection Clause. In 2015, Obergefell v. Hodges, 576 U.S. 644 (2015), the Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the 14th Amendment. Finally, in 2020, in Bostock v. Clayton County (Ga.), No. 17-1618, in a historic decision, the Supreme Court extended sex protections under Title VII of the 1964 Civil Rights Act to sexual orientation and gender identity from job discrimination. As we can see, throughout history, the Supreme Court has tentatively extended protections to protected classes instead of restricting them. 

Title II of the Civil Rights Act 42 U.S.C. §2000a states that all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public housing, as defined in this section, without discrimination on the ground of race, color, religion, or national origin. This title was challenged several times after its approval by different businesses in the United States. However, in several decisions from the Supreme Court was resolved that Congress didn’t exceed its power under the Constitution’s Commerce Clause to regulate the commerce between states and deny the discrimination against black individuals in their right to equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public housing, under Title II of the Civil Rights Act. The Supreme Court decided in several cases that discriminatory actions against black people during the offering of services affected the economy of the United States and the commerce between the states. 

Is race, color, religion, or national origin protected classifications more important than sex, sexual orientation, gender identity, disability, and age? Colorado law prohibits discrimination in places of public accommodation, C.R.S. § 24-34-601 et seq. Like Title II of the Civil Rights Act, Colorado law classifies public accommodations as any place of business engaged in any sales to the public and any site offering services, facilities, privileges, advantages or accommodations to the public. The same law considers it discriminatory to refuse or deny any service against a person because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin and ancestry. Colorado law doesn’t go against the Civil Rights Act of 1964. It’s more comprehensive and extensive. The constitutional right of occupied field doctrine stems from Art. VI, Sec. 2 of the Constitution establishes that in the event of a conflict between a state law and a federal law, the federal law shall prevail if it has been validly approved. The intention to occupy the field can arise explicitly, from the precise letter of the law, or implicitly, according to its structure and purpose. The Supreme Court has repeatedly pointed out that the preemption case law doctrine applies only when Congress expressly occupies the field or when it is evident that Congress intended to exclude state legislation on a given affair. The Supreme Court has constantly expressed that state legislation is not superseded when the interest to be protected locally differs from those covered by federal law.

How is denying public accommodation against people because of their race unconstitutional, but not on the grounds of sexual orientation? It’s clear that Colorado’s law is constitutional since Congress hasn’t occupied the field of limiting the protected class under Title II of the Civil Rights Act, and the Supreme Court has extended its benefits to other types, including orientation and gender identity. 

According to the Human Rights Campaign, we live in a state of emergency. More than 400 bills nationwide have been presented against the LGBTQ+ community. It’s not a causality that in the middle of all of this and a significant anti-LGBTQ+ movement, the Supreme Court has taken a historic step against minorities and vulnerable populations. However, when we analyze the reasons behind these cases against the LGBTQ+ community and their right to get married, we can undoubtedly conclude that our fight for obtaining the right to get married hasn’t ended yet. With or without cakes and websites, we will continue to enforce, enjoy and use our freedom to get married. No matter how many legal cases are presented against our right to enjoy a life of equality, we will still get married. But now, more than ever, we will keep fighting for our rights.

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Stop donating to groups like Fight for Reform this election cycle

Give directly to local Democratic candidates instead

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If you ever gave to a political candidate, or group, you are now inundated with emails and texts from every group and every candidate running. This column is a reminder to be careful when you are asked for money. A group like Fight for Reform is very close to the line of lying to you. In their endless email requests for money, they give you two choices in their ask. And they keep asking over and over. I find their requests offensive. The choices they claim you have are: “Choice #1: Sit on our hands and hope the Electoral College doesn’t hand extremist Trump another corruption-riddled presidency. Choice #2: Chip in $7 to help fund our ads to abolish the Electoral College, strengthen our democracy, and save the country from Trump.” 

There is, of course, a third choice: delete all of their emails. The simple fact is, to get rid of the Electoral College, which is something I support, you need a constitutional amendment. It is clear such an amendment would never pass this Congress, and even if by some miracle it did, it would not be ratified before the 2024 election. Therefore, in no way will it have an impact on whether Trump, God forbid, wins. So to me it is clear, you are better off giving your money in this election cycle directly to candidates who would even consider pushing for this. Remember, Fight for Reform doesn’t support federal candidates. But even at the state level only Democrats would support this. 

Fight for Reform, is a state level project of a larger organization, End Citizens United, which has a large staff. Clearly, some of your money will go to pay staff and the administrative costs of the organization. So, much of your donation won’t necessarily go to the ads they are asking you to fund. Fight for Reform says it endorses only non-federal candidates at the local level, and that is great. But if you go to their website trying to find out who they endorsed you see only one name, Janet Protasiewicz, for Wisconsin Supreme Court. That election is over, and yes, she won. Wisconsin Republicans are now looking to impeach her before she has even ruled on anything.  

I only use this group as an example of what you should look for before you turn over your hard-earned money. When you get a request for a donation by email, look at where the email is coming from. Usually, you will find that in the very small print at the bottom of the email. If it’s not directly from the candidate the email is asking money for, I would think twice about donating through the email. Now if it is a candidate you like, just go to their campaign website and make your donation. That will ensure all your money goes to the candidate without anyone else taking a portion of it. Most of us are getting lots of emails for political candidates running in 2024, even for those still running in primaries, who want our help to be on the general election ballot. Again, if it’s someone you like, go find their website and donate there. 

There are crucial elections in November 2023, and there is still time to give money to some of those candidates and make a difference. This is especially true of those running in Virginia trying to win the state legislature. There are two great things that would happen if Democrats win. One, they will have the votes to control what gets done in Virginia; and two, it will be a very public setback to their MAGA Governor Glenn Youngkin. He is a wolf in sheep’s clothing who may talk pretty, but is a Trumper at heart. You can donate to the incredible Danica Roem for State Senate to make a real difference,  and to Russet Perry for State Senate, to help her defeat MAGA Juan Pablo Segura, who sounds like Youngkin, but is also clearly a Trumper. There are others in Virginia that make a difference for every decent person. One representing the best of Virginia and the LGBTQ community is Adam Ebbin for State Senate.

It is interesting most Democratic candidates in Virginia have been matching, or exceeding, their Republican challenger’s fundraising. But recently Youngkin has contributed millions of dollars from his PAC to Republican legislative candidates for last minute commercials. We need to make sure Democratic candidates can continue to match them, or even exceed their spending. All our lives will be better if Democrats win.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Is Nigeria’s anti-LGBTQ crackdown only meant for the poor?

Wealth and fame can shield one from prosecution in the country

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(Bigstock photo)

The Nigeria Police Force in Delta State a few weeks ago arrested more than 67 suspected gay men for attending an alleged gay wedding. Authorities received a tip, they interrogated those arrested and suspicions were cemented on the basis that some of these young men crossed-dressed. 

“We’re bringing this out to the world to note, especially Nigerians, that we’re in Africa and Nigeria. We cannot copy the Western world,” Deputy Police Supt. Bright Edafe said. “We’re in Nigeria, and I can guarantee that the suspects will be charged to court.” 

Although these young men have since been released, this situation in Nigeria underscores a glaring paradox: A country that boasts a growing number of queer celebrities — many of whom have embraced crossdressing as part of their persona — maintains harsh legal actions against less privileged queer youths who express their identities. This unequal treatment sends a damaging message to the broader queer community; perpetuating a cycle of discrimination, fear and inequality.

In a nation marked by its vibrant culture and diversity, Nigeria’s anti-gay laws stand as a stark contradiction to the principles of tolerance and inclusivity. These laws not only criminalize same-sex relationships, but have also given rise to a troubling disparity in their enforcement. It has disproportionately targeted the poor, transgender individuals and crossdressers, while seemingly ignoring high-profile celebrities who freely express their identities.

Bobrisky, one of Nigeria’s most popular crossdressers who built a large following off of this lifestyle, went on their social media to probe the arrested crossdressers for openly presenting that way. 

“I strongly believe you guys can learn from those A-list,” they wrote. “Firstly, there’s a law passed against you guys that you can’t marry yourselves in this country, why the hell did you call yourselves together to organize a wedding?”

“That is the dumbest news I have ever read this week. You all deserve how you all were treated, sad truth. If you feel you are in love with your partner and you want to be together, why not relocate to where you are welcome,” they continued. 

One would think that they were able to make comments like this because they didn’t crossdress; but when you have enough financial and social privilege to wriggle your way out of situations for which your counterparts would otherwise be prosecuted, you would think that the law doesn’t apply to you. 

Then-President Goodluck Jonathan in February 2014 passed the Same-Sex Marriage (Prohibition) Act, which legalized the prosecution of anyone who shows sexual relations with the same sex. Nigerian MPs in April 2022 pushed to update the SSMPA with a bill that would essentially criminalize crossdressers and force them to face six months in prison, or pay a fine of $1,200. 

The measure has yet to become law.

This targeting of transgender people and crossdressers by the Nigerian government is a distressing reality. These individuals often find themselves marginalized, not just socially, but also legally. Raids, arrests and harassment are commonplace for them, making it a daily struggle to live authentically. In a nation where gender expression should be celebrated as a testament to its cultural diversity, it is disheartening to witness these citizens ostracized and penalized for embracing their true selves.

On the other hand, the celebrities who have made crossdressing a part of their public image appear to exist in a different realm. They enjoy a level of visibility and fame that grants them an element of protection. Whether it’s due to their financial resources or their connections, they often escape the legal consequences that ordinary queer Nigerians face. This glaring contrast between the treatment of high-profile celebrities and everyday individuals exposes the systemic inequalities that persist in Nigeria’s legal system.

The implications of this disparity are profound. It sends a troubling message that wealth and fame can shield one from persecution, while those without such privileges bear the brunt of discriminatory laws. This perpetuates a culture of fear and silence among the less privileged queer community, preventing them from fully expressing their identities and participating in society without the constant threat of persecution.

Nigeria must engage in a profound societal dialogue surrounding the unequal treatment of its queer citizens to address this issue. It is crucial to question the legitimacy of laws that infringe upon the fundamental human rights of individuals based on their sexual orientation or gender identity. By sparking these meaningful conversations, we can begin to dismantle the harmful stereotypes and prejudices that fuel this disparity in treatment.

Nigeria’s anti-gay laws not only defy the principles of tolerance and inclusivity, but also expose a disconcerting imbalance in their enforcement. The stark contrast between the leniency shown to high-profile celebrities who embrace crossdressing and the harsh legal actions taken against less privileged queer youths sends a damaging message to the broader queer community. It is time for Nigeria to address this injustice, fostering a more inclusive and equitable society where all its citizens can embrace their identities without fear of persecution.

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Opinions

Medicaid cuts will lead to an uptick in STIs

Move threatens progress to end HIV epidemic

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We have come a long way from the days when HIV was an almost certain death sentence. But our work is far from over. The COVID-19 pandemic led to an uptick in rates of sexually transmitted infections (STIs), including HIV, and low-income communities, LGBTQ+ communities, and communities of color continue to be impacted at alarming and disproportionately high rates.

These communities are also more likely to be served by Medicaid. Medicaid is the largest source of insurance coverage for people living with HIV in the United States, covering an estimated 40 percent of nonelderly adults with HIV, and Medicaid accounted for 45 percent of all federal HIV spending in 2022. During September, Sexual Health Awareness Month, it is worth examining the crucial ways Medicaid works to keep people healthy — and what threatens our progress today.

In recent weeks, we have seen a troubling trend develop. Five million Americans have been removed from Medicaid rolls, and many millions more are on the verge of losing coverage as a result of the Medicaid enrollment cuts. This represents the single greatest threat to our progress toward ending the HIV epidemic in years.   

During the pandemic, Medicaid enrollment grew by an estimated 20 million people, contributing to the uninsured rate dropping to the lowest level on record in early 2022. But, after a three-year period during which states provided continuous enrollment in exchange for enhanced federal funding, some states resumed dis-enrolling people from Medicaid on April 1. A recent KFF survey found that 17 million people could lose Medicaid coverage as a result of this process, referred to as the Medicaid “unwinding.”

Many states are not doing enough to ensure that Medicaid-eligible residents don’t lose their coverage. While some have been removed from the rolls because they are newly ineligible, procedural issues account for 74 percent of people losing coverage. An unacceptably high number of FloridaTexas, and Virginia residents who are still eligible for Medicaid are losing coverage because of procedural reasons, such as failing to confirm proof of income or household size.

Our goal should be to ensure that no one who qualifies for Medicaid loses their coverage. The U.S. Centers for Medicare and Medicaid Services (CMS) gave states the option to use a 12-month grace period, along with other flexibilities, to prepare for the unwinding and make sure residents had what they needed to recertify. So why are some states so eager to remove their residents from Medicaid rolls?

New York, on the other hand, has made equity a cornerstone of recertification work and provides a template for what states can do to help their residents remain covered. The state maximizes the flexibilities offered by CMS and works directly with providers, health plans, and recipients to minimize procedural disenrollments and ensure that people retain health care coverage, either through Medicaid, the state’s health exchange, or private insurance. New York is among the nation’s top-performing states in terms of call center wait times, call drop rates, and average time it takes to make an eligibility determination, according to the Center on Budget and Policy Priorities. New York’s call center is also able to produce materials in 26 languages. In June 2023 alone, New York State certified renewals for more than 400,000 residents.

At Amida Care in New York, we know firsthand that gaps in care for people living with or placed at elevated risk of contracting HIV can be especially devastating. When people lose access to PrEP medication to prevent HIV, they are left vulnerable to contracting HIV, and when people living with HIV lose access to antiretroviral therapy, they risk becoming seriously ill and transmitting HIV to others. We support and guide our members through the recertification process with dedicated outreach efforts that include phone calls, mailings, text messages, and home visits to limit loss of coverage and interruptions in life-saving treatments. 

We cannot begin to address health inequity or end the HIV epidemic without strengthening Medicaid. The recent moves by some states to strip their residents of Medicaid coverage will undermine the progress we’ve made.

Doug Wirth is president and CEO of Amida Care, a Medicaid Special Needs Health Plan for people affected by HIV.

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