National
Ugandan president to block anti-gay bill, officials say
U.S. officials have received assurances from the Ugandan president that he would work to block a harshly anti-gay bill from becoming law in his country and would veto the legislation should it come to his desk, according to the State Department.
Jon Tollefson, a State Department spokesperson, told DC Agenda that Ugandan President Yoweri Museveni has pledged on several occasions to the top U.S. diplomat engaged in Africa that he would stop progress on the anti-gay bill.
Assistant Secretary of State for African Affairs Johnnie Carson received this assurance from Museveni on Oct. 24 during an in-person meeting with the president in Uganda and again during a phone conversation with Museveni on Dec. 4, Tollefson said.
Homosexual acts are already illegal in Uganda, but the anti-gay legislation — a bill sponsored by a member of the president’s party — would, among other things, institute the death penalty for repeat offenders of the homosexual acts ban and those who have homosexual sex while HIV positive.
Additionally, the bill would criminalize the formation of LGBT organizations and the publication or broadcast of pro-gay materials in Uganda.
The legislation is moving forward in the Ugandan parliament, and this week lawmakers were slated to have a second reading of the bill, according to the Times of London. Mark Bromley, chair of the Council for Global Equality, said the bill is expected to come up again in January for a final reading.
Tollefson said during the Oct. 24 meeting that Carson met with Museveni and other high-ranking Ugandan officials to express concern about the legislation and conveyed that its passage would be “a big step backwards in human rights” that “could really have the potential to harm the reputation of Uganda.”
“And the president understood the concerns and said that he would do what he could to make sure the bill was not passed,” Tollefson said. “He would not sign the bill. … He made a commitment to the secretary that he would work to make sure it wasn’t signed into law.”
Tollefson said when the bill started moving forward and gaining international attention, Carson on Dec. 4 contacted Museveni by phone to reiterate U.S. concerns, and the president again expressed his commitment to stop the bill from becoming law.
“So that being said, the assistant secretary is expecting the president to live up to that commitment and … he expects President Museveni to live up to his reputation as a leader in the HIV/AIDS struggle in Africa,” Tollefson said. “It’s a significant human rights issue. I know it also gets in the way of treatment and prevention and education on the HIV/AIDS front.”
Asked whether it’s the understanding of U.S. officials that Museveni would veto the legislation should it come to his desk, Tollefson replied, “Right, that’s a commitment that he’s made. He made that personally to the assistant secretary on that first meeting that he had on Oct. 24 and again on a call on Dec. 4, and so we’re going to continue to expect that.”
Tollefson said the United States wants Museveni to go beyond his private commitment to blocking the bill from becoming law and to make a public statement against the legislation.
“He has not done that, and we’ve asked him to come out and say how — be a leader in this, just as he’s a leader in HIV/AIDS,” Tollefson said.
On Friday at the State Department, Carson briefed non-governmental organizations on the commitment Museveni made to the United States and explained the work U.S. officials have done to prevent the measure from becoming law.
Tollefson said about 20 NGOs were represented at the briefing, including groups focused on African development, LGBT issues and confronting the HIV/AIDS pandemic. Among the groups that were invited to the briefing, which was closed to the public, were the Human Rights Campaign, the International Gay & Lesbian Human Rights Commission, Human Rights First and Human Rights Watch.
Bromley was among those in attendance at the briefing. He confirmed for DC Agenda that he was told Carson had received assurances from the Ugandan president that he would work to stop the bill from becoming law.
But Bromley said he isn’t sure whether the president would terminate the bill by vetoing it or via some other method.
“I’m not incredibly sure that veto is the right word because I’m still trying to clarify whether the president actually has the authority to veto under the parliamentary system, but basically he assured Assistant Secretary Carson in October and then again in December that he would keep the bill from going forward,” Bromley said.
Noting that the bill came from a member of the president’s party and his party “dominates the politics” in Uganda, Bromley said pressure from the president would “certainly slow the bill.”
“But Secretary Carson made it clear that on two occasions, President Museveni has said he would stop the bill from going forward and he said that he’s continuing to write to him and sending messages that the U.S. expects him to honor his word,” Bromley said.
Tollefson also detailed work the State Department has done to help block the legislation from going forward and said Carson has made clear to Museveni that — in addition to rejecting the measure — the United States expects full decriminalization of homosexuality in Uganda.
“He made very clear that we will not accept simply the removal of the death penalty or some of the harsher aspects of the law,” Tollefson said. “We expect full decriminalization of sexual acts between adults. There’s no hedging on that.”
Noting that supporters of the legislation in Uganda have been saying religious leaders are in favor of the bill, Tollefson said the State Department has delivered to the country statements from U.S. religious leaders denouncing the legislation. A statement from Rick Warren, pastor of the Saddleback Church in California, was among the statements from religious leaders sent to Uganda in opposition to the bill. Warren recently spoke out against the bill.
Tollefson said the State Department also believes the legislation could have a detrimental effect on the region around Uganda and noted that movement on anti-gay legislation in Uganda and other countries will be recorded in the State Department’s annual human rights report.
“It won’t just be focused on Uganda, we’re not going to make a lot of effort to remove this from Uganda while remaining silent on neighboring countries that have similar legislation even if they’re already on the books,” he said.
Asked whether restricting funds under the President’s Emergency Plan for AIDS Relief could be a way to deter Uganda from passing the bill, Tollefson said that question came up during the Friday briefing, but U.S. officials are reluctant to pursue that option.
PEPFAR, a multi-billion dollar initiative started by President George W. Bush, provides treatment for those living with HIV/AIDS in developing countries.
“Public funds to start retroviral treatment is not a one-day commitment, it’s a lifetime commitment, and we haven’t had that discussion and we don’t want to have that discussion,” Tollefson said. “And, of course, no one would want to see that happen, so it’s not something that we want to consider.”
Bromley said he’s impressed with the State Department’s level of commitment to stopping the anti-gay legislation from being passed.
“I’m very pleased that the State Department has been so forceful and is now publicly challenging President Museveni to honor his word and commitment,” Bromley said. “I’m pleased that they are responding as assertively as they are and that they are now doing so in a public fashion.”
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities.
The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.
“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”
The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.
“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.
“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”
In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.
Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.
These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.
GLAAD President Sarah Kate Ellis released the following statement in response to the news:
“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
Pennsylvania
Malcolm Kenyatta could become the first LGBTQ statewide elected official in Pa.
State lawmaker a prominent Biden-Harris 2024 reelection campaign surrogate
Following his win in the Democratic primary contest on Wednesday, Pennsylvania state Rep. Malcolm Kenyatta, who is running for auditor general, is positioned to potentially become the first openly LGBTQ elected official serving the commonwealth.
In a statement celebrating his victory, LGBTQ+ Victory Fund President Annise Parker said, “Pennsylvanians trust Malcolm Kenyatta to be their watchdog as auditor general because that’s exactly what he’s been as a legislator.”
“LGBTQ+ Victory Fund is all in for Malcolm, because we know he has the experience to win this race and carry on his fight for students, seniors and workers as Pennsylvania’s auditor general,” she said.
Parker added, “LGBTQ+ Americans are severely underrepresented in public office and the numbers are even worse for Black LGBTQ+ representation. I look forward to doing everything I can to mobilize LGBTQ+ Pennsylvanians and our allies to get out and vote for Malcolm this November so we can make history.”
In April 2023, Kenyatta was appointed by the White House to serve as director of the Presidential Advisory Commission on Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.
He has been an active surrogate in the Biden-Harris 2024 reelection campaign.
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