News
Court allows lawsuit against U.S. pastor for helping with Uganda anti-gay bill
Judge determines LGBT people eligible for protection under int’l law
A U.S. district judge is allowing a case to proceed Scott Lively for fomenting anti-gay sentiment in Uganda. (Screen shot via YouTube).
A federal district court in Massachusetts announced on Wednesday it will allow a case to proceed against evangelical Christian Scott Lively for unlawfully fomenting anti-gay sentiment in Uganda and encouraging passage of the country’s pending “Kill the Gays” bill.
In a 79-page decision denying summary judgment in favor of Lively, U.S. District Judge Michael Ponsor refers the case to Magistrate Judge Kenneth Neiman for a pretrial scheduling conference.
“The history and current existence of discrimination against LGBTI people is precisely what qualifies them as a distinct targeted group eligible for protection under international law,” Ponsor writes. “The fact that a group continues to be vulnerable to widespread, systematic persecution in some parts of the world simply cannot shield one who commits a crime against humanity from liability.”
Lively, president of the California-based Abiding Truth Ministries, is known for advocating that gay people should be jailed — even in countries overseas. In 2009, Lively was one of three pastors who went to Uganda to deliver a series of talks on the threat of homosexuality to African society.
According to the New York Times, Lively, in addition to these talks, met with Ugandan lawmakers to discuss the now infamous anti-homosexuality legislation colloquially known as the “Kill the Gays” bill, which in some circumstances would institute the death penalty for homosexual acts. Still, Lively later reportedly said he doesn’t support a bill that includes the death penalty.
The California-based pastor has argued for the criminalization of homosexuality at least since 2007, when he wrote an open letter to the Russian people calling for them to make it illegal. The anti-gay propaganda law that has generated significant outcry in recent weeks is along the lines of what Lively envisioned in the letter.
“My philosophy is to leave homosexuals alone if they keep their lifestyle private, and not to force them into therapy if they don’t want it,” Lively wrote “However, homosexuality is destructive to individuals and to society and it should never publicly promoted. The easiest way to discourage “gay pride” parades and other homosexual advocacy is to make such activity illegal in the interest of public health and morality.”
The lawsuit was filed against Lively in March 2012 by the Massachusetts-based Center for Constitutional Rights on behalf of Sexual Minorities Uganda, or SMUG, a Uganda LGBT group working to stop passage of the Uganda’s anti-homosexuality law.
Frank Mugisha, the director of SMUG, told the Washington Blade he’s “very pleased the court ruled to proceed” with the case against Lively.
“This shows that no one can violate international and abuse human rights,” Mugisha said. “LGBT rights are universal.”
The Center for Constitutional Rights is suing Lively on the basis of state law and the Alien Tort Statute, which allows U.S. courts to hear human-rights cases brought by foreign citizens for conduct committed outside the United States. The organization is seeking compensatory damages, declarative relief that Lively’s actions violated the law of nations and an injunction prohibiting him for engaging in such activity again.
Pam Spees, a senior staff attorney with the Center for Constitutional Rights, said she’s “elated” the court allowed the case to proceed.
“I think it’s going to have a long-term effect in different places, not only in Uganda, but elsewhere where persecution is happening in this way,” Spees said. “The recognition that LGBT people are entitled to the same protections as anyone else and are entitled to be protected against persecution like any other group is a historic confirmation that this is a basic fundamental principle of international law.”
The social conservative legal firm known as the Liberty Counsel is representing Lively in the case. The organization didn’t immediately respond to the Blade’s request to comment, but Spees said she expects his attorneys to appeal one or more of the grounds the court cited to allow the case to proceed. Resolution to the case, Spees said, could take a number of years.
Mark Bromley, chair of the LGBT international group Council for Global Equality, said the court’s decision to allow the case to proceed “is both persuasive and groundbreaking” because it establishes persecution LGBT people may constitute a crime against humanity.
“This is also a small but important first step in exposing those who seek to export homophobia from the United States to the rest of the world,” Bromley added. “And I hope it serves as a common-sense warning to those political and religious leaders around the world who continue to target LGBT individuals for their own selfish political gain.”
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
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Botswana repeals colonial-era sodomy law
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