News
Kenyan LGBT rights activist visits D.C.
Anti-LGBT violence remains pervasive in African nation
Eric Gitari of the National Gay and Lesbian Human Rights Commission of Kenya, center, speaks at Global Rights in D.C. on Oct. 11, 2013. (Washington Blade photo by Michael K. Lavers)
A leading Kenyan LGBT rights activist told the Washington Blade during a recent interview he feels his fellow advocates can learn a lot from their U.S. counterparts.
“They own their agenda and they drive it,” said Eric Gitari, executive director of the National Gay and Lesbian Human Rights Commission of Kenya. “I want to draw lessons on how we can get more people to own this equality agenda.”
Gitari spoke with the Blade after he appeared on a panel with Pastor Joseph Tolton of the Fellowship of Affirming Ministries at Global Rights in Northwest D.C. on Oct. 11. The activist also visited the Human Rights Campaign and Human Rights Watch and spoke at the Howard University School of Law and Columbia University in New York before he left the U.S.
Kenya’s colonial government in 1897 adopted India’s penal code that included the criminalization of same-sex sexual relations.
Those convicted under the law could face up to 14 years in prison, but Gitari noted there has never been what he described as “a successful prosecution” under it. He said during the panel that a coalition of groups that hope to repeal the pre-independence statute hope to implement a strategy similar to that used by those who challenged India’s sodomy law – judges on the Delhi High Court in 2009 found the country’s colonial-era statute unconstitutional.
“They are using parallels from the New Delhi case in India to engage their strategies,” Gitari said.
Gitari also noted homophobia, transphobia and anti-LGBT discrimination and violence remain pervasive in Kenya in spite of a new constitution the country adopted in 2010 that acknowledges human rights, equality and other universal values.
He said “ex-gay” programs remain common in Kenyan schools, and students as early as fifth grade are taught homosexuality is a “social deviance” that is comparable to drug activity and criminality. Gitari further noted a 2012 secondary education certification exam asked high school students to give 10 reasons why Kenyan Christians are “united against homosexuals.”
“This law is informing a lot of public policy positions and attitudes,” he said.
A mob in Mtwapa near the coastal city of Mombasa in 2010 doused four gay men whom they thought were about to attend a same-sex wedding with kerosene.
“This was instigated by religious leaders; religious leaders to the present walk scot free,” Gitari said. “[They] have never, ever been investigated in spite of efforts to push for such an investigation for such hate crimes.”
Kenya is among the 76 countries in which consensual same-sex sexual relations remain illegal. Sudan, Mauritania and a handful of other nations continue to impose the death penalty upon anyone found guilty of homosexuality.
Lawmakers in Uganda, which borders Kenya, have faced widespread criticism over a bill Parliamentarian David Bahati introduced in 2009 that sought to execute those convicted of repeated same-sex sexual acts.
President Obama in June spoke out against the criminalization of homosexuality during a press conference in Senegal, which is among the 38 African countries in which consensual same-sex sexual activity remains illegal.
Gitari noted the majority of Kenyans respect Obama because the president’s father was born in the country, but they criticized him over the comments he made while in Senegal.
“There were attempts by people, by propaganda machines within the conservatives to rob him of his African identity,” Gitari said. “They see Obama as a player in the spreading of that Western agenda of homosexuality.”
Advocates look to courts to expand LGBT rights
Gitari and his group hope to use the courts to gain legal protections for LGBT Kenyans that include the eventual repeal of the country’s sodomy law.
A three-judge panel on the High Court of Kenya in 2010 refused to legally recognize Richard Muasya, an intersex person who suffered abuse inside a maximum security prison. Muasya received 500,000 Kenyan shillings (or nearly $5,900) for the mistreatment inside the facility, but the judges said they found no evidence of anti-LGBT discrimination and human rights violations in the country.
The Kenyan Human Rights Commission in 2011 published a report that documented anti-LGBT discrimination. The Kenyan National Commission on Human Rights the following year released a second report that found widespread anti-LGBT discrimination in the country’s health care system.
The High Court of Kenya in June ruled in favor of a transgender woman who claimed police officers in a town outside of Nairobi, the country’s capital, stripped her naked in front of local reporters to determine her gender after they arrested her for assault in 2011. She also accused the officers of groping her breasts during the incident.
Gitari’s group also continues to seek formal recognition in the country.
“Our roadmap is informed by incremental litigation,” Gitari said.
Gitari traveled to D.C. less than a month after members of the Somali terrorist organization al-Shabab killed more than 60 people at a shopping mall in the Kenyan capital of Nairobi.
The East Africa Center for Law and Justice, which the American Center for Law and Justice that anti-gay televangelist Pat Robertson founded in 1990, is among the groups that continue to pose significant barriers to LGBT-specific advances in Kenya. In spite of this resistance, Gitari told the Blade he has not seen any homophobic rhetoric as a result of last month’s attack.
“The good thing that has emerged from it is that Kenyans are beginning to see that teaching extremism and using religion to justify hatred is no longer the way,” Gitari said. “It’s costing innocent lives and it’s not rational in a civilized world anymore.”
Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.
House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”
Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”
The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.
Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions. The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.
The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”
“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”
Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.
The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.
Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.
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.
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