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Malta lawmakers approve civil unions, adoption bill

Constitutional amendment to ban anti-LGBT discrimination also passed

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Malta, gay news, Washington Blade

Malta, gay news, Washington Blade

(Photo public domain)

The Maltese Parliament on Monday approved a bill that would allow same-sex couples to enter into civil unions and jointly adopt children.

Lawmakers in the small island nation located south of Sicily in the Mediterranean Sea also approved a proposed constitutional amendment that would ban anti-LGBT discrimination.

“Malta is now more liberal and more European and it has given equality to all its people,” said Prime Minister Joseph Muscat, who leads the country’s Labor Party, after the vote as Reuters reported.

Paulo Côrte-Real, co-chair of the ILGA-Europe Executive Board, also applauded the vote in the predominantly Catholic country that only legalized divorce in 2011.

“We warmly welcome today’s historic vote for Malta and particularly pay tribute to Maltese politicians and Maltese LGBTI activists,” he said. “The adoption of the civil union law is a result and an example of a successful partnership built between the decision makers and the civil society.”

The Associated Press reported opposition lawmakers from the conservative Nationalist Party abstained from the vote. Auxiliary Bishop Charles Scicluna of the Archdiocese of Malta is among those who also spoke out against the civil unions and second-parent adoption measure.

Iceland, Norway, Sweden, Denmark, the Netherlands, Belgium, France, Portugal and Spain are among the countries in which same-sex couples can legally marry.

The movement to extend marriage rights for gays and lesbians has also advanced in other parts of Europe over the last year.

Same-sex couples began to tie the knot in England and Wales on March 29.

A law that will allow gays and lesbians to legally marry in Scotland takes effect later this year. Gay Luxembourg Prime Minister Xavier Bettel, who took office last December, said he hopes his country will extend marriage rights to gays and lesbians in 2014.

An Italian court last week ruled the Tuscan city of Grosseto must recognize the marriage of a gay couple who tied the knot in New York in 2012.

The Irish government next year will hold a referendum on whether to extend marriage rights to same-sex couples.

Croatian voters last December overwhelmingly approved a constitutional amendment that defines marriage as between a man and a woman. Hungary, Latvia and other European countries also prohibit gay nuptials.

Georgian Prime Minister Irakli Garibashvili late last month proposed a constitutional amendment that would define marriage as between a man and a woman in the former Soviet republic. The country already bans nuptials for gays and lesbians.

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Africa

Ugandan president meets with US ambassador

Unclear whether William Popp raised Anti-Homosexuality Act

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Ugandan President Yoweri Museveni meets with U.S. Ambassador to Uganda William Popp on May 10, 2024. (Photo courtesy of Museveni's X account)

Ugandan President Yoweri Museveni on May 10 met with U.S. Ambassador to Uganda William Popp.

Museveni in a post to his X account described the meeting, which took place at his official residence in Entebbe, as “productive.”

“We discussed key issues, such as the upcoming Census, regional peace, and socio-economic development. I emphasized the need for an inclusive census for informed decision-making,” said Museveni. “I also shared my views on fostering peace and security in the region. Additionally, we discussed opportunities in transitioning our population from a rural-based pre-capitalist society to industry and services.”

statement the Ugandan Foreign Affairs Ministry released noted Popp “conveyed his appreciation for the president’s valuable time and wise counsel.” 

“He also acknowledged President Museveni’s extensive knowledge and experience, underscoring the importance of their continued dialogue in fostering a strong and mutually beneficial relationship between the United States and Uganda,” said the statement.

The statement further notes Foreign Affairs Minister Jele Odongo; Defense and Veterans Affairs Minister Jacob Oboth-Oboth; Rosette Byengoma of the Defense Ministry; and Lt. Gen. Samuel Okiding, who is deputy chief of the Ugandan defense forces, attended the meeting.

The meeting took place nearly a year after Museveni signed the Anti-Homosexuality Act that, among other things, contains a death penalty provision for “aggravated homosexuality.”

The U.S. has sanctioned Ugandan officials and removed the country from a duty-free trade program. The World Bank Group also suspended new loans to Uganda in response to the Anti-Homosexuality Act.

The Ugandan Constitutional Court last month refused to “nullify the Anti-Homosexuality Act in its totality.” A group of Ugandan LGBTQ activists have appealed the ruling.

It is not clear whether Popp raised the Anti-Homosexuality Act with Museveni during their meeting.

The State Department referred the Washington Blade to the U.S. Embassy in Kampala, the Ugandan capital, for comment. The embassy did not respond to a request for comment.

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Virginia

Man convicted of murder in Fairfax was propositioned by male victim

Defendant faces possible 40-year prison term

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A Fairfax County Circuit Court jury on May 9 found a 31-year-old man guilty of second-degree murder for the June 10, 2023, stabbing death of a Fairfax City, Va., man after the man propositioned him for sex, according to a statement released by the Office of the Fairfax County Commonwealth’s Attorney.

The statement says Aaron Robertson had been charged with killing Luis Barahona Reyes, 50, in an apparent act of revenge after the two men got off a bus in Fairfax City and Barahona Reyes asked Robertson if he would like to engage in sex.

“Robertson and Mr. Barahona Reyes were unknown to each other when they got off the same bus on Draper Street in Fairfax City around 11 p.m. on the night of June 9, 2023,” the statement says. “After a brief conversation, Robertson lured Mr. Barahona Reyes to a parking lot behind 9715 Fairfax Blvd, where Robertson knocked the victim unconscious,” the statement continues.

“Robertson later returned to the scene in the early morning hours of June 10, where he proceeded to beat, stab, and eventually kill Mr. Barahona Reyes,” it says. “Robertson then left and returned a third time to clean up the scene and try to dispose of the victim’s body.”

The statement adds, “Substantial forensic evidence introduced at trial connected Robertson to the murder, including  the victim’s blood on his shoes and Robertson’s own DNA under the victim’s fingernails.” 

It notes that additional evidence linking Robertson to the murder was obtained from surveillance camera footage and witness accounts from nearby Wawa and 7-Eleven stores showing him entering and leaving the stores multiple times to wash his hands.

“Prosecutors argued that Robertson attacked and killed the victim because Mr. Barahona Reyes propositioned Robertson for sex in their first encounter after getting off the bus,” the statement says.

“I’m personally dismayed this type of crime could happen in this day and age, especially in a community like Fairfax County that prides itself on being welcoming,” said Fairfax County Commonwealth’s Attorney Steve Descano in the statement. “Mr. Barahona Reyes’ death is tragic, and the fact that he may have been killed for his sexuality only further adds to the injustice,” he said.

Robertson is scheduled to be sentenced on July 26 and faces up to 40 years in prison for the second-degree murder conviction.

The Washington Post reports that during Robertson’s trial, a portion of a recording of a confession that Robertson gave to Fairfax City police was played in court. The Post reports that Robertson stated in his confession that after he returned to the scene where he had knocked Barahona Reyes unconscious, Barahona Reyes “slowly got up,”  pulled out a knife and lunged at Robertson. 

It was at that time, Robertson said in his confession, he became fearful of his life and was able to grab the knife away from Barahona Reyes and stabbed him multiple times, slammed his head on the ground, and strangled him, according to the Post’s story on the trial and conviction.

The Post story adds that Robertson’s attorney urged the jury, based on what he said was Robertson’s fear for his life, to hand down a verdict of manslaughter rather than first-degree murder as requested by prosecutors. As it turned out, the jury handed down a lesser but still serious verdict of second-degree murder.

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District of Columbia

D.C. bill to study trans deaths faces opposition from LGBTQ advocates

Measure calls for creating Medical Examiner committee to identify trends

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D.C. Council member Brooke Pinto. (Washington Blade file photo by Michael Key)

In a little-noticed development, D.C. Council member Brooke Pinto (D-Ward 2) introduced a bill in September 2023 calling for creating a special committee within the D.C. Office of the Chief Medical Examiner to determine and study trends related to the cause of death of transgender and “gender diverse” people in the District of Columbia.

The bill is called the Transgender and Gender Diverse Mortality and Fatality Review Committee Establishment Act. Among other things, it mandates that the medical examiner’s office through the newly created committee “identify and characterize the scope and nature of transgender and gender-diverse mortalities and fatalities, to describe  and record any trends, data, or patterns that are observed surrounding transgender and gender-diverse mortalities and fatalities.” 

In a development that some observers say caught Pinto off guard, officials with two prominent D.C. LGBTQ supportive organizations – the Whitman Walker Institute and the LGBTQ youth advocacy group SMYAL – expressed strong opposition to the bill in testimony submitted in April as a follow-up to a Council hearing on the bill conducted by Pinto on March 21.

Among other things, the officials – Benjamin Brooks, Whitman-Walker Institute’s Associate Director of Policy and Education; and Erin Whelan, SMYAL’s executive director, said the committee to be created by the bill to identify trans people who die would be an invasion of their and their families’ privacy. The two said the funds needed to pay for identifying whether someone who dies is transgender should be used instead for other endeavors, including supporting trans people in need, and protecting their rights.

The hearing record for the Council’s Committee on the Judiciary and Public Safety, which Pinto chairs and which conducted the hearing, shows that Brooks and Whelan were among four witnesses that testified against the bill. Six witnesses, including officials with the American Foundation for Suicide Prevention and Medical Society of the District of Columbia, testified in support of the bill.

Also testifying in support of the bill with suggested revisions was Vincent Slatt, who serves as chair of the D.C. Advisory Neighborhood Commission Rainbow Caucus.

Jenna Beebe-Aryee, Supervisory Fatality Review Program Manager for the Office of the Chief Medical Examiner, testified that the bill would be “remarkably challenging” for that office and its partnering city agencies to carry out, including what she said would be a difficult process of identifying whether someone who has died is transgender or gender diverse. But she did not state that her office and the Office of the Mayor outright oppose the bill.

The bill has remained in Pinto’s committee since the time of the hearing, with no indication from Pinto of what her plans are for going forward with the bill, including whether she plans to make revisions and if or when she may plan to bring the bill to the full Council for a vote. 

Victoria Casarrubias, Pinto’s communications director, told the Blade last week that Pinto’s office had no immediate comment on Pinto’s plans for the bill.

The 17-page bill, according to its introductory summary page, would also “create a strategic framework for improving transgender and gender-diverse health outcomes for racial and ethnic minorities in the District,” and to “recommend training to improve the identification, investigation, and prevention of transgender and gender-diverse fatalities, and to make publicly available an annual report of its findings, recommendations, and steps taken to evaluate implementation of past recommendations.”

The bill authorizes the D.C. mayor to appoint the members of the newly created medical examiner’s committee and requires that members include representatives of six D.C. government agencies, including the Office of the Chief Medical Examiner; the departments of Health; Behavioral Health; Health Care Finance; Human Services; and the Mayor’s Office of LGBTQ Affairs.

It calls on the Office of LGBTQ Affairs to provide support to other city agencies in developing procedures for identifying transgender people who the agencies have provided services for and who have died.

It also requires the mayor to name as committee members representatives of organizations providing health care and services for the transgender community as well as a social worker specializing in transgender related issues and a college or university representative “conducting research in transgender and gender-diverse mortality trends or fatality prevention.”  

Seven other members of the 13-member D.C. Council signed on as co-introducers of the bill. They include Council members Robert White (D-At-Large), Anita Bonds (D-At-Large), Christina Henderson (I-At Large), Matthew Frumin (D-Ward 3), Janese Lewis George (D-Ward 4),  Charles Allen (D-Ward 6), and Vincent Gray (D-Ward 7).

Spokespersons for Gray and Bonds told the Blade the two Council members continue to support the bill and would consider any revisions that those who have expressed concern about the bill might suggest.

“The establishment of this committee will continue the District’s leading role in LGBTQIA+ advocacy and legislation,” Pinto states in a letter accompanying her introduction of the bill. “The Committee will be the first entity of its kind in the United States,” according to her letter.

 Pinto cites in her letter studies and national data showing that deaths of trans people are disproportionately higher due to a variety of causes, including illness compared to cisgender people in the United States. “Trans women in particular are disproportionately vulnerable to the aforementioned risks, as well as to violence and murder, with one in four trans women likely to be victimized by a hate-related crime,” Pinto said in her letter.

 “Although data are limited, some studies suggest that transgender people are ‘twice as likely to die as cisgender people’ due to ‘heart disease, lung cancer, HIV-related illness and suicide,’ with trans women being ‘two times as likely to die compared to cis men and ‘three times as likely’ compared to cis women,” Pinto states in her letter.

In their testimony against the bill, Brooks of Whitman Walker and Whalen of SMYAL said the problems they believe the bill will bring about outweigh the benefits that Pinto says it will provide for the trans community.

“It is improper for the District government to be investigating and determining someone’s gender identity,” Brooks said in his testimony. “This would require District agencies to coordinate investigations into deeply personal characteristics of many people,” he said. “This invasion of privacy is a poor use of the government’s time and energy.” 

Brooks stated that the city has existing policies and requirements designed to find ways to improve the lives of transgender and gender diverse residents. He pointed to the LGBTQ Health Data Collection Amendment Act of 2018, which requires the Department of Health to produce a comprehensive report on the health and health disparities faced by the D.C. LGBTQ community. According to Brooks, the Department of Health has not released such a report since 2017.

“We strongly recommend that rather than proposing to spend precious time and scarce resources on a novel and invasive committee, the District should put those resources towards fulfilling existing data collection and reporting obligations,” Brooks states in his testimony. 

Whelan of SMYAL expressed similar concerns in her testimony. “Transgender and Gender-Diverse (TGD) people do not need yet another violation of their privacy and exposure to more questions and interrogation for them to provide the reasons for the incredible amount of violence and loss the transgender and gender-diverse community faces,” Whelen says in her testimony. 

“What we do need are solutions on how to address the underlying causes of anti-transgender violence, in addition to the barriers that prevent transgender and gender-diverse communities from accessing and maintaining safe and stable housing, and accessing affirming mental health resources,” Whelan adds in her testimony. “What we as a community need is diligent action in a positive direction to actually address the lack of resources, services, and violence towards this community.”

Supporters of the bill might point out that it includes strongly worded language calling for keeping personal information about transgender and gender-diverse people who die confidential and calls for criminal penalties for anyone who violates the confidentiality provision by disclosing the information, including whether a deceased person identified as transgender.

Brooks said strong grounds exist for not enacting the bill despite its privacy provision.

 “The collection of sensitive information, particularly for decedents who cannot advocate for their own right to privacy, always raises the potential for inappropriate disclosure regardless of potential penalties,” he said. “The threat of criminal prosecution can be a deterrent to the intentional inappropriate sharing of private information; however, it may not stop accidental or inadvertent disclosure,” he said.

Slatt’s testimony calls for six specific suggested revisions in the bill pertaining to ways the newly created medical examiner committee would obtain information about trans people who die, including the suggestion that the Mayor’s Office of LGBTQ Affairs become involved in identifying trans people who pass away and be given one or more additional staff members to help support its increased responsibilities under the legislation.

 “Members of the ANC Rainbow Caucus have discussed this proposed bill and find that it is a remarkable and historic step towards addressing trans and gender-diverse mortalities and fatalities,” Slatt says in his testimony. 

“At a time when trans and gender-diverse people are under attack by municipalities across the nation, the District of Columbia is setting an example on how to create not just a culture of inclusion, but also a culture of belonging for trans residents,” he stated.

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