News
State Dept. pledges to raise concerns over Nigeria anti-gay law
Says United States does ‘regret’ passage of restrictive legislation
The State Department says the United States does ‘regret’ passage of the anti-gay law in Nigeria. (Photo public domain)
State Department Deputy Spokesperson Marie Harf said on Monday the United States “will keep raising” concerns about Nigeria’s new anti-gay law, but maintained the relationship between the two countries will continue.
Under questioning from the Washington Blade, Harf said the State Department does “regret” the signing of the legislation by Nigerian President Goodluck Jonathan as she emphasized the country has a right to pass legislation through the democratic process.
“We just don’t support any legislation that institutionalizes discrimination against one select group of people, and I think one of the key reasons we are opposed to this is that the law goes far beyond prohibiting same-sex marriage,” Harf said. “It restricts freedom of assembly, association and expression for all Nigerians.”
As Secretary of State John Kerry noted in a statement earlier in the day, Harf said the law is “inconsistent” with the country’s international legal obligations and rights under its constitution.
“Obviously, we’ll keep raising these issues when they come up,” Harf said. “We’ve made our position on this very clear. It may make some work in the country harder to do, but we clearly have a relationship there that’s an important one, and we’ll continue working together.”
The law bans not only same-sex marriage and same-sex “amorous relationships,” but also membership in LGBT rights groups.
The Associated Press reports it’s now a crime in the country “to have a meeting of gays, or to operate or go to a gay club, society or organization.” Further, entering into a same-sex marriage contract or civil union is punishable by up to 14 years’ imprisonment.
During the briefing, Harf conceded that she didn’t immediately have a lot of information about the law, such as which international obligations it violates and whether the State Department had any prior knowledge Jonathan would sign the measure. Although she said she hasn’t heard any talk about possible sanctions against the country or a potential loss of aid as a result of the law, Harf said she’d have to double check.
But Harf was able to confirm that State Department officials were in contact with a variety of principals in Nigeria prior to the signing of the legislation.
“Since the law was in draft form, we’ve been in continual contact with the Jonathan administration, the National Assembly and a wide variety of Nigerian stakeholders,” Harf said. “Our conversations have been focused on our concerns that portions of the law, again, appear to restrict Nigerians’ rights to freedom of expression, assembly and association — provisions that we’ve been very clear we do not support.”
Harf wasn’t able to immediately identify who was representing the United States in those talks, including whether it was a senior diplomat or someone in a lower position.
According to the Associated Press, Nigeria is one of the top crude oil suppliers to the United States. A report from the U.S. Energy Information Administration indicates the U.S. oil imports from Nigeria are decreasing, but the United States imported 161,558 barrels of oil from the country in 2012.
News that the anti-gay legislation was signed in Nigeria is breaking after earlier reports a man in Cameroon died after being previously jailed for texting a same-sex partner and the Uganda parliament approved its own anti-gay legislation.
Harf said she wasn’t immediately able to say whether the State Department is concerned about an anti-gay trend in Africa, but maintained the Obama administration supports LGBT rights everywhere.
“We’ve talked about it elsewhere — whether it’s Russia, here or elsewhere — that we believe that LGBT rights are human rights, there’s no place for discrimination anywhere, such as this,” Harf said.
A partial transcript of the exchange between the Blade and State Department follows:
Washington Blade: Secretary Kerry issued a statement earlier today saying he’s “deeply concerned” about the passage of the anti-gay law in Nigeria, which contains punishments of up to 14 years in prison. Will passage of that law impact U.S.-Nigeria relations?
Marie Harf: Well, we did release a statement, and I would just note that we do regret that this bill, passed by Nigeria’s national assembly. was signed into law on Jan. 7.
Obviously, we respect the sovereignty of the Federal Republic of Nigeria and the prerogatives of its national assembly to pass legislation. We just don’t support any legislation that institutionalizes discrimination against one select group of people, and I think one of the key reasons we are opposed to this is that the law goes far beyond prohibiting same-sex marriage.
It restricts freedom of assembly, association and expression for all Nigerians. It’s inconsistent with Nigeria’s international legal obligations and undermines the democratic reforms and human rights protections enshrined in Nigeria’s constitution.
Obviously, we’ll keep raising these issues when they come up. We’ve made our position on this very clear. It may make some work in the country harder to do, but we clearly have a relationship there that’s an important one, and we’ll continue working together.
Blade: You just said it’s inconsistent with Nigeria’s international legal obligations. To which obligations are you referring?
Harf: I can check specifically with our attorneys and see what they intended with this part of the statement. Obviously, freedom of assembly, association and expression are topics we talk about a lot in terms of legal obligations, and also, anti-discrimination obligations as well. I can check if there’s more legal specifics to share.
Blade: Were there any conversations between State Department officials and Nigeria prior to the signing of this legislation?
Harf: There were. Let me what I have here. Since the law was in draft form, we’ve been in continual contact with the Jonathan administration, the National Assembly and a wide variety of Nigerian stakeholders. Our conversations have been focused on our concerns that portions of the law, again, appear to restrict Nigerians’ rights to freedom of expression, assembly and association — provisions that we’ve been very clear we do not support.
Blade: And who was representing the United States in those talks?
Harf: I can double-check and see who the specifics there are. I don’t have that in front of me.
Blade: The statement that the secretary put out was embargoed until an announcement from the Nigerian government. Did the State Department know this law was going to be signed beforehand?
Harf: I can check on that. Obviously, we’ve been discussions since it was in draft form and it passed. We were in discussions with the administration. I’m happy to check on that. Obviously, we allow governments to speak for themselves before we speak publicly about things as well.
Blade: Could sanctions or a loss of aid be on the table as a result of this law?
Harf: I haven’t heard talk of any of that. I’m happy to check with our folks. Again, we’ve made very clear what our position is on this, and I just don’t have a ton more on it. So, I know you probably have ten follow ups, but I’m happy to take them and see if I can answer them, but then we’ll move on.
Blade: Let me ask you one last question then. The news is breaking just after a man in Cameroon died after being sentenced for being gay and after Uganda passed its own anti-gay legislation — the parliament there. Is the State Department concerned about a larger trend in Africa about passage of anti-gay legislation?
Harf: I’m happy to check with our folks and see if there’s a trend that they’re concerned about. We speak very clearly for LGBT rights across the globe. We’ve talked about it elsewhere — whether it’s Russia, here or elsewhere — that we believe that LGBT rights are human rights, there’s no place for discrimination anywhere, such as this. So, we’re very clear whether it’s Africa or somewhere else that this is something we feel very, very strongly about. President Obama and the secretary have all made very clear statements to that regard. And I’m happy to check if there’s more details on this if you have more follow-ups.
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.
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The preceding article was previously published by the Virginia Mercury and is republished with permission.
Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.
We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration.
SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community. As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”
Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities.
Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners.
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