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.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
India
Menaka Guruswamy celebrated as India’s first openly LGBTQ MP
Constitutional lawyer elected to Rajya Sabha on March 9
India’s LGBTQ community has found renewed hope in the election of Menaka Guruswamy, a lawyer who has argued before the Supreme Court, as the country’s first openly LGBTQ MP.
Guruswamy was declared elected unopposed to the Rajya Sabha, the upper house of Parliament, on March 9, representing West Bengal. The All India Trinamool Congress, the regional party that governs the state, nominated her.
Guruswamy is a constitutional lawyer who studied at Oxford University, Harvard Law School, and the National Law School of India University. She has argued several significant cases before the Supreme Court and is widely known for her work on constitutional law, civil liberties, and LGBTQ rights.
Guruswamy was part of the legal team that successfully challenged Section 377 of the Indian Penal Code, a colonial-era law that criminalized consensual same-sex sexual relations, which the Supreme Court struck down in 2018. She has also written and spoken extensively on issues of democracy, rights and institutional accountability.
Ankit Bhupatani, a global diversity, equity and inclusion leader and LGBTQ activist, welcomed Guruswamy’s election.
“This is significant not because Parliament needed a queer person, but because a queer person needed Parliament,” Bhupatani told the Washington Blade.
India has seen LGBTQ representation in elected office at the state and local levels, though it has remained limited.
In 1998, Shabnam Mausi was elected to the Madhya Pradesh Legislative Assembly from the Sohagpur constituency, becoming one of the first openly transgender people to hold public office in India. Mausi’s election marked a rare moment of visibility for trans people in the country’s political system, where representation has historically been sparse. Since then, a small number of openly trans candidates have contested and, in some cases, won local and state elections, but no openly LGBTQ person had been elected to Parliament before Guruswamy.
Guruswamy and her partner, Arundhati Katju, who is also a lawyer, were part of the legal team that played a central role in the Section 377 decision.
Representing one of the plaintiffs, the two lawyers helped frame the case around constitutional guarantees of equality, dignity, and privacy. The Navtej Singh Johar v. Union of India ruling marked a watershed moment for LGBTQ rights in India.
“For too long, we have fought our battles only in courtrooms and on streets. Now, there is a seat at the table where laws are written,” said Bhupatani. “Whether that seat produces change depends entirely on how it is used. Representation without substance is decoration. But as a beginning, yes. This matters.”
Guruswamy later represented the plaintiffs in the Supreme Court’s 2023 marriage equality case, Supriyo v. Union of India, which a 5-judge panel heard in the spring of 2023.
Along with other lawyers representing same-sex couples, she advanced arguments rooted in constitutional guarantees of equality, dignity, and personal liberty. The Supreme Court in a 3-2 decision on Oct. 17, 2023, declined to recognize same-sex marriage — holding that such a change falls within Parliament’s domain — but did acknowledge LGBTQ people face discrimination. The Blade previously reported the ruling underscored the court’s view that it could interpret the law, but could not create a new legal framework for marriage rights.
Bhupatani said Guruswamy’s election should not be seen as an immediate shift toward legislative action on LGBTQ rights, cautioning that such expectations may not align with political realities. He said her presence in Parliament could help sustain the issue in a way it has not been before, even as broader legal change is likely to take time.
“What she can do is keep the question alive inside Parliament in a way that it hasn’t been before,” Bhupatani said. “Legislative change in India on social questions usually takes longer than advocates want and shorter than skeptics predict. The 377 decriminalization seemed impossible until it wasn’t. Partnership rights will follow the same pattern eventually.”
Bhupatani added that while Guruswamy’s election may influence the pace of change, it does not, on its own, constitute a broader political movement.
“One person in Parliament, however extraordinary, is not a movement. She is an opening,” he said. “The 2023 ruling created a responsibility. Guruswamy’s election creates an opportunity to fulfill it from inside. Whether opportunity becomes outcome is entirely a question of human will.”
Guruswamy has served as a visiting faculty member at leading American institutions that include Yale Law School, Columbia Law School, and New York University School of Law. She has also worked with international organizations, advising the U.N. Development Fund for Women in New York and the U.N. Children’s Fund in both New York and South Sudan.
According to her professional profile, Guruswamy has been involved in a range of significant cases before the Indian Supreme Court that include matters related to bureaucratic reform and accountability.
One case is connected to the AgustaWestland helicopter deal, an investigation into alleged bribery in a multimillion-dollar defense procurement contract; litigation arising from the Salwa Judum case, in which the court examined the state-backed use of civilian militias in counterinsurgency operations in central India; and cases involving the implementation of the Right to Education Act, a law guaranteeing free and compulsory education for children between the ages of six and 14.
More recently, Guruswamy represented the All India Trinamool Congress in legal proceedings challenging searches conducted by India’s Enforcement Directorate, a federal agency responsible for investigating financial crimes, including money laundering and violations of foreign exchange laws. The searches were carried out at the offices of the Indian Political Action Committee, or I-PAC, a political consulting firm that provides data-driven campaign strategy and election management services to political parties. The case raised questions about the scope of investigative powers and the use of federal agencies in politically sensitive matters.
Guruswamy’s engagement with LGBTQ rights has extended beyond courtroom advocacy into public constitutional discourse.
On July 11, 2018, during hearings in the Section 377 case, she argued the criminalization law could not be justified on the basis of “social morality,” describing it as subjective and incompatible with constitutional guarantees, and framing the case as one fundamentally about “our humanity.” The Thomas Jefferson Foundation Medal in Law at the University of Virginia in February 2023 recognized Guruswamy and Katju for their work on LGBTQ rights.
Guruswamy has not responded to the Blade’s multiple requests for comment about her election.
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