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Gay ‘Dreamer’ stuck in Mexico after green card application denied

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Israel Serrato holds a picture of him and his husband, Marco Villada Garibay. The two men have filed a federal lawsuit after Villada was prevented from returning to the U.S. from Mexico after he traveled to the U.S. Consulate in Ciudad Juárez to apply for a green card. (Photo courtesy of National Immigration Law Center)

Lawyers representing a gay married “Dreamer” who was denied a green card have filed a federal lawsuit that seeks his return to the U.S.

The lawsuit — which was filed in the U.S. District Court for the Central District of California on Tuesday — notes Marco Villada Garibay came to the U.S. from Mexico when he was 6 years old. The lawsuit states Villada graduated from Morningside High School in Inglewood, Calif., and later enrolled at El Camino Community College and Harbor College in Los Angeles.

“Mr. Villada Garibay has spent virtually his entire life in the United States,” reads the lawsuit.

Villada in 2013 became a recipient of the Deferred Action for Childhood Arrivals (DACA) program that allows young undocumented immigrants to remain in the U.S. and obtain work permits. Villada in 2014 married Israel Serrato after the U.S. Supreme Court struck down a portion of the Defense of Marriage Act and dismissed an appeal of a ruling against California’s Proposition 8.

The lawsuit states the couple subsequently filed “the necessary petition and obtained a provisional waiver” from the U.S. Citizenship and Immigration Service that would allow Villada to obtain his green card “by virtue of his marriage to a U.S. citizen.” The couple on Jan. 14 traveled to Mexico in order “to take the next step in (Villada)’s process to obtain U.S. residency,” which was his appointment at the U.S. Consulate in Ciudad Juárez.

Villada had been able to legally work in the U.S. and was protected from deportation under DACA until 2019, but the lawsuit notes his “status was automatically terminated” once he left the country.

The lawsuit notes Villada traveled to Mexico “only because” the USCIS approved the provisional waiver that allowed him to apply for a green card through the State Department in his country of origin and promptly return to the U.S. with Serrato.

The consulate on Jan. 17 denied Villada’s application and banned him from returning to the U.S. “because it found that he was permanently inadmissible” on the grounds that he left the U.S. more than a year after he entered the country without documents and returned to the U.S. “without admission after more than one year of unlawful presence.”

The lawsuit notes Villada in 2000 returned to Mexico for “a few weeks” after his grandfather died. Villada, who was 17-years-old at the time, was allowed back into the U.S. after he showed his high school ID card to an immigration officer at the San Ysidro border crossing south of San Diego.

The lawsuit states Villada disclosed during his green card interview that he had traveled to Mexico in 2000. The consulate earlier this month affirmed its decision to deny Villada’s application.

“Mr. Villada Garibay and Mr. Serrato continue to be separated because Mr. Villada Garibay is unable to return to the United States,” reads the lawsuit. “As a result, they are suffering emotionally and financially, and are experiencing great anxiety because Mr. Villada Garibay is unable to return to the United States for at least 10 years. The threat of prolonged separation impairs Mr. Villada Garibay’s and Mr. Serrato’s ability to live together as a married couple, form a family and plan for the future.”

The National Immigration Law Center, an immigration advocacy group that is representing Villada and Serrato in their lawsuit, on Tuesday held a conference call with reporters.

Villada said he and Serrato “did everything by the books.”

“Right now all I can think about is going back home,” said Villada. “I miss my husband, my home, family.”

Villada told the Washington Blade he traveled to Mexico’s Jalisco state from Ciudad Juárez after his husband returned to California. Villada said in response to a question about whether he feels safe as an openly gay man that he is “in constant fear of even going down the street for a soda.”

“I’m still living in fear, even right now,” he told the Blade. “It is not a place that is safe, even in my eyes.”

Serrato told reporters he met Villada before he became a DACA recipient.

“I loved my husband before he had DACA,” said Serrato. “I love my husband as a documented person. I’m going to fight for my husband and I to be together.”

The lawsuit names Acting Secretary of State John Sullivan, the USCIS, USCIS Director L. Francis Cissna, USCIS National Benefits Center Director Robert Cowan and U.S. Consul General for Ciudad Juárez Daria L. Darnell as defendants in their official capacities.

The State Department on Tuesday declined to comment on the lawsuit.

‘Immigrant rights are an LGBTQ issue’

The lawsuit was filed against the backdrop of mounting concern over the Trump administration’s immigration policy.

DACA’s future remains uncertain after President Trump last September announced it would end the program. The Trump administration’s announcement in January that Salvadorans will no longer receive protected immigration status in the U.S. through the Temporary Protected Status program sparked further outrage.

“Our anti-LGBT immigration policy just doesn’t hurt immigrants,” National Immigration Law Center Executive Director Marielena Hincapié told reporters during the conference call. “It hurts all of us.”

Immigrants rights advocates gather in front of the White House on Jan. 8, 2018, to protest President Trump’s decision to end the Temporary Protected Status program for Salvadorans. (Washington Blade photo by Michael K. Lavers)

Stacy Tolchin — one of the attorneys who is representing Villada and Serrato — said there were cases of immigrants during the Obama administration who were denied green cards, even though they had received provisional waivers from USCIS that allowed them to leave the U.S. in order to apply for them in their countries of origin. Crissel Rodríguez of the California Immigrant Youth Justice Alliance told reporters that Villada’s case “is an example of how the Trump administration’s policy continues to tear families apart.”

“Immigrant rights are an LGBTQ issue,” added Human Rights Campaign Legal Director Sarah Warbelow.

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Ghana

Ghana’s president says anti-LGBTQ+ bill ‘effectively is dead’

Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill passed in 2024

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Ghanaian President John Mahama (Photo via John Mahama's official Instagram account)

Advocacy groups in Ghana have welcomed the demise of a bill that would have further criminalized LGBTQ+ people and outlawed allyship.

President John Mahama on Jan. 14 said the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill that MP Sam George of Ningo-Prampram co-sponsored in 2021 was essentially dead. Mahama made the remarks to a delegation of bishops from the Ghana Catholic Bishop’s Conference.

“If we are teaching our values in schools, we wouldn’t need to pass a bill to enforce family values,” said Mahama. “More than just passing the Family Values Bill, we need to agree on a curriculum that instills these values in our children as they grow.”

The president also said that although MPs passed the bill last February, parliament dissolved before former President Nana Akufo-Ado, whose term ended earlier this month, signed it.

“I don’t know what the promoters of the bill intend to do, but I think we should have a conversation about it again,” said Mahama. “As far as I know, the bill did not get to the president. So, the convention is that all bills that are not assented to law before the expiration of the life of parliament, expire. So that bill effectively is dead.”

LGBT+ Rights Ghana Communications Director Berinyuy Burinyuy said the president’s remarks offer a glimmer of hope for LGBTQ+ Ghanaians who have long been subjected to systemic discrimination, fear, and violence.

“For many, the mere suggestion that LGBT+ issues could be addressed through education rather than criminalization represents a significant departure from the traditional legislative path championed by the bill’s proponents,” said Burinyuy. “This shift implies a possible opening for dialogue and a more inclusive approach, one that recognizes the need for respect and understanding of diverse sexual identities within Ghanaian society.”

Burinyuy, however, asked about how family values will be incorporated into the educational curriculum.

“Will the curriculum provide a comprehensive, nuanced understanding of human sexuality that respects diversity, or will it risk reinforcing discriminatory attitudes under the guise of cultural preservation?” said Burinyuy. “The fear, particularly among LGBT+ activists is that the emphasis on education could inadvertently foster homophobia in Ghanaian children. If the content is not carefully structured, it could perpetuate harmful stereotypes and deepen existing prejudices.”

“While Mahama may not yet be fully committing to a clear policy direction, his statement leaves open the possibility of a more balanced approach, one that allows for a national conversation on sexual rights without rushing into divisive legislation,” added Burinyuy.

We Are All Ghana said Mahama’s comments are a welcomed approach in addressing anti-LGBTQ+ sentiments and negative stereotyping.

“We need a holistic educational curriculum for our schools,” said We Are All Ghana. “The children at least deserve to know the truth. There is nothing worse than half baked information.”

Yaw Mensah, an LGBTQ+ activist, said Mahama is teaching Ghanaians to be tolerant of everyone, regardless of their sexual orientation.

“Mahama is indirectly saying LGBT persons are not Ghana’s problems. Let’s teach families values that accept and respect everyone. Ghanaian values should be tolerance, respect, honesty, hardworking, hospitality, and integrity,” said Mensah. “Those need to be taught and not the hate, discrimination, barbarism, greediness, and hypocrisy that we are seeing in many leaders which transcends into the young ones.”

George has yet to comment on Mensah’s comments about his bill.

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State Department

Trump executive order bans passports with ‘X’ gender markers

President signed directive hours after he took office

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A sweeping executive order that President Donald Trump issued on Monday bans the State Department from issuing passports with “X” gender markers.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

“The secretaries of State and Homeland Security, and the director of the Office of Personnel Management, shall implement changes to require that government-issued identification documents, including passports, visas, and Global Entry cards, accurately reflect the holder’s sex,” reads Trump’s executive order.

The gender marker is among the provisions contained within Trump’s executive order titled “Defending women from gender ideology extremism and restoring biological truth to the federal government.” Trump in his inaugural speech said the federal government’s “official policy” is “there are only two genders, male and female.”

The Los Angeles Blade will have additional reporting on Trump’s executive orders and their impact on the LGBTQ+ community.

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National

Meta’s policy changes ‘putting us back in the dark ages’

Expert says rolling back hate speech protections threatens queer youth

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Mark Zuckerberg, co-founder and CEO of Meta (Screen capture via Bloomberg Television/YouTube)

LGBTQ advocates have expressed alarm in recent weeks, as Meta has taken steps to undermine protections for queer youth and apparently worked to appease the incoming conservative administration in Washington.

Meta, the parent company of popular social media and messaging companies Facebook, Instagram, and WhatsApp, is owned by Mark Zuckerberg, who was once considered to be an ally of the LGBTQ community.

Two weeks ago, the internet was afire with discussion of Liv, the now-deleted Instagram profile of a “proud black Queer momma of 2” AI made by Meta as part of its AI user dreams

Then, last week, independent tech journalist Taylor Lorenz revealed that Instagram had been blocking teens from searching LGBTQ-related content for months. 

This comes as no surprise to Celia Fisher, a professor of Psychology and the Marie Ward Doty University Chair in Ethics at Fordham University who has spent her career studying children and adolescent health, especially for marginalized groups like the LGBTQ community.

When speaking to the Washington Blade in November 2024 on TikTok, Fisher remarked that it was increasingly difficult to research the Meta platforms. Fisher and her team have used advertisements on social media to recruit youth for anonymous surveys for studies. “One of the advantages of social media is that you can reach a national audience,” she says.

The advertisements are specifically linked to keywords and popular celebrities to reach LGBTQ populations of youth.  When she spoke to the Bladeagain this week, she was not surprised to hear that keywords were being blocked from youth. “Now, there is a major barrier to being able to recruit when you are doing online studies.”

It makes her research—which has looked at the mental health of youth online, HIV prevention strategies, and COVID vaccine barriers—impossible. “If Meta prevents researchers from using the platform, then the research can’t be done,” she said. 

The search blocks are not just a threat to the research, they are a threat to youth. “Hiding those terms from youth means they can’t see that there is a community out there. That’s a tremendous loss, especially for transgender youth,” said Fisher.

Fisher suspects where the restrictions are coming from, not that Zuckerberg has been particularly opaque as he cozies up to the new administration. “I think there’s been a creeping fear on the part of companies not to do anything that might elicit the ire of more conservative politicians,” she said.

A Meta spokesperson told Lorenz that the restriction was a mistake. “It’s important to us that all communities feel safe and welcome on Meta apps, and we do not consider LGBTQ+ terms to be sensitive under our policies,” said the spokesperson.

Meta backtracked immediately; the next day the company removed longstanding anti-LGBTQ hate speech policies.

Zuckerberg announced large changes to the platform via video in which he sported a $900,000 watch. (More than 1 in 5 LGBTQ adults are living in poverty. More than 1 in 3 transgender adults are living in poverty.)

The changes, which eliminate independent fact-checking for a system similar to X’s “community notes,” have been highly critiqued by journalists and fact-checking organizations. Many experts see it as a “bow” to Trump.

Zuckerberg also noted that the platform would “remove restrictions on topics like immigration and gender that are out of touch with mainstream discourse.” He directly linked the changes to the recent election. 

Those changes happened quickly. That same day GLAAD, an LGBTQ media monitoring non-profit, reported the changes to the hateful conduct policies. Changes include allowances for calling LGBTQ people mentally ill and the removal of prohibitions against the dehumanization of protected groups, among many. Notably, Meta’s guidelines include the right-wing transphobic dog whistle “transgenderism.” 

On Jan. 9, reporting from The Intercept and Platformer on internal training documents revealed the use of even more slurs. The t-slur against transgender people is now allowed on the sites with no restrictions. Phrases like—and this is a quoted example—”A trans person isn’t a he or she, it’s an it” are allowed on the sites with no restrictions.

Notably, the training manuals differentiate between different members of the LGBTQ community. For example, The Intercept found that the phrase “Lesbians are so stupid” would be prohibited while “trans people are mentally ill” would not be.

(These training manuals also include permissive use of racist and dehumanizing language for other marginalized groups.)

And then, as a cherry on top, Meta removed DEI programs and deleted the transgender and non-binary Messenger themes, on Jan. 10.

These changes are undeniably bad. Arturo Béjar, a former engineering director at Meta with expertise in online harassment, told the Associated Presshe is horrified by the changes.

“I shudder to think what these changes will mean for our youth, Meta is abdicating their responsibility to safety, and we won’t know the impact of these changes because Meta refuses to be transparent about the harms teenagers experience, and they go to extraordinary lengths to dilute or stop legislation that could help,” he said. 

Fisher, who has researched the effects of hate speech online on LGBTQ youths’ mental health, agrees that the results will be devastating. “We had many people who said they observed transgender harassment for others or were actually attacked themselves,” said Fisher. “This prevents people from wanting to come out online and to actually engage in those kinds of online communities that might be helpful to them.”

What is happening also confirms LGBTQ youths’ worst fears. “We’ve found that a major concern is that there would be an increased violation of civil rights and increased violence against LGBTQ individuals,” she said.

Fisher, a psychologist, sees this as “putting us back into the dark ages of psychiatry and psychology when LGBTQ individuals were seen as having some kind of a mental health problem or disorder.”

Fisher emphasized: “This kind of misinformation about mental illness is certainly going to be putting transgender people, especially at even greater risk than they were before.”

(This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.)

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White House

Trump previews anti-trans executive orders in inaugural address

Unclear how or when they would be implemented

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President Donald Trump's inauguration on Jan. 20, 2025 (Screen capture via YouTube)

President Donald Trump, during his inaugural address on Monday, previewed some anti-trans executive orders he has pledged to sign, though it was not yet fully clear how and when they would be implemented.

“This week, I will also end the government policy of trying to socially engineer race and gender into every aspect of public and private life,” he said. “Today, it will henceforth be the official policy of the United States government, that there are only two genders, male and female.”

The president added, “I will sign an order to stop our warriors from being subjected to radical political theories and social experiments, while on duty. It’s going to end immediately.”

After taking the oath of office inside the U.S. Capitol building, Trump was expected to sign as many as 200 executive orders.

On issues of gender identity and LGBTQ rights, the 47th president was reportedly considering a range of moves, including banning trans student athletes from competing and excluding trans people from the U.S. Armed Forces.

NBC News reported on Monday, however, that senior officials with the new administration pointed to two forthcoming executive orders — the official recognition of only two genders, and “ending ‘radical and wasteful’ diversity, equity and inclusion programs inside federal agencies.”

With respect to the former, in practical terms it would mean walking back the Biden-Harris administration’s policy, beginning in 2022, of allowing U.S. citizens to select the “x” gender marker for their passports and other official documents.

“The order aims to require that the federal government use the term ‘sex’ instead of ‘gender,’ and directs the State Department and the Department of Homeland Security to ‘ensure that official government documents, including passports and visas, reflect sex accurately,'” according to NBC.

Additionally, though it was unclear what exactly this would mean, the first EO would take aim at the use of taxpayer funds for gender-transition healthcare, such as in correctional facilities.

The Human Rights Campaign in a press release Monday indicated that a “fulsome review of executive actions” is forthcoming, but the group’s President Kelley Robinson said, “Today, the Trump administration is expected to release a barrage of executive actions taking aim at the LGBTQ+ community instead of uniting our country and prioritizing the pressing issues the American people are facing.”  

“But make no mistake: these actions will not take effect immediately,” she said.

“Every person deserves to be treated with dignity and respect in all areas of their lives,” Robinson said. “No one should be subjected to ongoing discrimination, harassment and humiliation where they work, go to school, or access healthcare. But today’s expected executive actions targeting the LGBTQ+ community serve no other purpose than to hurt our families and our communities.”

She continued, “Our community has fought for decades to ensure that our relationships are respected at work, that our identities are accepted at school, and that our service is honored in the military. Any attack on our rights threatens the rights of any person who doesn’t fit into the narrow view of how they should look and act. The incoming administration is trying to divide our communities in the hope that we forget what makes us strong. But we refuse to back down or be intimidated.”

“We are not going anywhere. and we will fight back against these harmful provisions with everything we’ve got,” Robinson said.

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State Department

Senate confirms Marco Rubio as next secretary of state

Fla. Republican will succeed Antony Blinken

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The U.S. Senate on Monday confirmed U.S. Sen. Marco Rubio (R-Fla.) to become the next secretary of state.

The vote took place hours after President Donald Trump’s inauguration. The Senate Foreign Relations Committee on Monday advanced Rubio’s nomination before senators approved it by a 99-0 vote margin.

The promotion of LGBTQ+ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

Rubio in 2022 defended Florida’s “Don’t Say Gay” law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

Rubio during his Jan. 15 confirmation hearing did not speak about LGBTQ+ rights.

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World

Out in the World: LGBTQ+ news from Europe and Asia

The British government will build a memorial for queer veterans

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(Los Angeles Blade graphic)

UNITED KINGDOM

A memorial for LGBTQ+ veterans will be built at the National Memorial Arboretum in Staffordshire, the British government announced earlier this month. 

Funded by a £350,000 (approximately $425,000) grant from the Office for Veterans’ Affairs, the memorial is part of the government’s response to an independent review of the experience of LGBTQ+ veterans who served before 2000, when the UK government removed restrictions of queer people service openly in the military. Thousands of LGBTQ+ soldiers and service personnel were dismissed from the military while the ban was in effect.

The 9’ tall bronze memorial takes the form of a crumpled letter made up of words taken from testimony of former personnel who were impacted by the LGBTQ+ ban. 

“This is extremely personal for some of our members, some of whom have been affected by the armed forces exclusion of LGBTQ+ identities, and some simply affected by lived queer experience. All our members make a living in the arts by designing and delivering beautiful sculpture, making and inspired by the act of collaboration,” says Nina Bilbey, lead artist at the Abraxis Academy, which collectively designed the memorial.

The design was one of 38 submitted in a nationwide competition and selected by a judging panel that included representatives from Fighting with Pride, a national LGBTQ+ veterans advocacy group.

The UK government has taken other steps to restore dignity to LGBTQ+ veterans, including the launch of a financial recognition scheme, qualification of discharge, and restoration of rank, which were launched last December.

“When I joined the Royal Marines in 1999, this abhorrent ban on homosexuality in the armed forces was still in place. A quarter of a century later, we turn a page on that shameful chapter in our national story,” says Veterans Minister Alistair Carns in a statement.

RUSSIA

A Russian man was fined under the country’s LGBTQ+ propaganda laws for jokingly claiming to be the founder of the “international LGBT movement,” which the Russian Supreme Court declared to be an extremist terrorist organization last year.

Anton Yevdokimov, a pro-democracy activist, was found guilty of spreading “propaganda of non-traditional relations” by a Moscow court last November, but the decision was only made public last week. He was ordered to pay a fine of 100,000 rubles (approximately $975.)

Yevdokimov posted the offending statements on VKontakte, a Russian social media platform, in December 2023, shortly after the Russian Supreme Court declared the “international LGBT movement” to be an extremist terrorist organization.

“Now that they’ve banned LGBT, it’s time to confess: I am the founder and main organizer of the LGBTQ+ extremist organization!” Yevdokimov wrote, according to Novaya Gazeta. 

“I went to Rainbow High School, was recruited there, and now irradiate all homophobes with rainbows! Every time a homophobe looks at a rainbow, they get a tingle in their ass and want to suck dicks,” he wrote, also saying that “KGB cocksuckers” should “be afraid.”

Yevdokimov was already in police detention over a separate social media that is alleged to have “justified terrorism” post when he received the fine.

Russian authorities have stepped up persecution of LGBTQ+ people and activities since the Supreme Court ruling. Earlier this month, police detained the staff at a restaurant in Yakutsk in the Russian Far East, after the mayor’s office accused the restaurant of hosting performances by visiting queer and transgender artists from Thailand.

TURKEY

Turkish President Recep Tayyip Erdogan attacked the country’s LGBTQ+ community in a speech launching what he’s calling a “year of the family,” aimed at reversing declining birth rates.

Erdogan has long targeted the LGBTQ+ as a political tactic, even though Turkey’s queer community is relatively low profile. He often portrays LGBTQ+ rights activists as part of a foreign conspiracy designed to weaken Turkey.

“It is our common responsibility to protect our children and youth from harmful trends and perverse ideologies. Neoliberal cultural trends are crossing borders and penetrating all corners of the world,” he told an audience in the capital, Ankara. “They also lead to LGBT and other movements gaining ground.

“The target of gender neutralization policies, in which LGBT is used as a battering ram, is the family. Criticism of LGBT is immediately silenced, just like the legitimate criticisms of Zionism. Anyone who defends nature and the family is subject to heavy oppression.”

Critics of LGBTQ+ rights are not routinely silenced in Turkey, as should be evident by the fact that the current president is a vocal critic of LGBTQ+ rights. Parties opposed to LGBTQ+ rights make up a majority of the national parliament and run the majority of Turkey’s cities.

It is more accurate to say that the government routinely shuts down speech in favor of LGBTQ+ rights in Turkey.

Since 2016, Istanbul Pride has been banned every year. People who’ve defied the ban have been subjected to tear gas, plastic bullets, and mass arrests

Last year, the city of Istanbul’s film censors banned a screening of the Luca Guadagnino film “Queer,” leading to the cancellation of the film festival it was set to open. 

Erdogan’s announcement came with a suite of policies he says will reverse a trend of declining birth rates, including better income supports for newlyweds and new parents. 

Turkish law does not recognize any same-sex relationships or same-sex parents.

MYANMAR

The military junta that governs Myanmar has banned seven books with LGBTQ+ themes and has said it will take action against the books’ publishers, according to Radio Free Asia.

The banned books are “A Butterfly Rests on My Heart” by Aung Khant, “1500 Miles to You” and “Love Planted by Hate” by Mahura, Myint Mo’s “Tie the Knot of Love,” “Match Made in Clouds” by DiDi Zaw, “DISO+Extra” by Red in Peace and “Concerned Person U Wai” by Vivian. All the books are published domestically by Myanmar writers.

“These books are not accepted by Myanmar society, they are shameless and the content that can mislead the thinking and feelings of young people,” the Information Ministry said in a statement published in state-run media.

The LGBTQ+ community typically maintains a low profile in the socially conservative country, where gay sex is still criminalized under a criminal code that was drafted by the British colonial administration in the 19th century. 

LGBTQ+ people can also be charged or harassed by authorities under laws that criminalize the production and distribution of “obscene” materials. 

Myanmar’s military has had effective control of the government since 1962. A brief democratization in the 2010s ended when the military seized power following the victory of pro-democracy forces in the 2020 election.

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Cuba

Transgender woman who protested against Cuban government released from prison

Brenda Díaz among hundreds arrested after July 11, 2021, demonstrations

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Brenda Díaz García (Photo courtesy of Ana María García Calderín/Tremenda Nota)

A transgender woman with HIV who participated in an anti-government protest in Cuba in 2021 has been released from prison.

Luz Escobar, an independent Cuban journalist who lives in Madrid, on Saturday posted a picture of Brenda Díaz and her mother on her Facebook page.

“Brenda Díaz, a Cuban political prisoner from July 11, was released a few hours ago,” wrote Escobar.

Authorities arrested Díaz in Güira de Melena in Artemisa province after she participated in an anti-government protest on July 11, 2021. She is one of the hundreds of people who authorities took into custody during and after the demonstrations.

A Havana court in 2022 sentenced Díaz to 14 years in prison. She appealed her sentence, but Cuba’s People’s Supreme Court upheld it.

Escobar in her Facebook post said authorities “forced” Díaz to “be in a men’s prison, one of the tortures she suffered.” Mariela Castro, the daughter of former Cuban President Raúl Castro who directs the country’s National Center for Sexual Education, dismissed reports that Díaz suffered mistreatment in prison. A source in Cuba who spoke with the Washington Blade on Saturday said Díaz was held in a prison for people with HIV.

The Cuban government earlier this week began to release prisoners after President Joe Biden said the U.S. would move to lift its designation that the country is a state sponsor of terrorism. The Vatican helped facilitate the deal.

U.S. Sen. Marco Rubio (R-Fla.), who is Cuban American, on Wednesday criticized the deal during his confirmation hearing to become the next secretary of state. President-elect Donald Trump, whose first administration made the terrorism designation in January 2021, will take office on Monday.

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White House

GLAAD catalogues LGBTQ+-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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The White House (Washington Blade photo by Michael Key)

GLAAD has identified and catalogued LGBTQ+-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ+ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ+-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ+ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ+ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, “It is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ+ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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Argentina

Javier Milei rolls back LGBTQ+ rights in Argentina during first year in office

Gay congressman, activists lead resistance against president

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Argentine President Javier Milei (Screen capture via YouTube)

Javier Milei’s rise to power marked a sea change in Argentine politics that profoundly impacted the country’s LGBTQ+ community.

His first year in office has seen a combination of hostile rhetoric and concrete measures that have dismantled historic advances in human rights.

“Javier Milei’s administration is fighting a two-way battle,” Congressman Esteban Paulón, a long-time LGBTQ+ activist, pointed out to the Washington Blade. “On the one hand, symbolically, with an openly homo, lesbo and transodiant discourse, and on the other, in concrete facts, such as the closure of the Ministry of Women, Gender and Diversity, and INADI (the National Institute Against Discrimination, Xenophobia and Racism).”

The decision to eliminate these key institutions sent a clear message: Diversity policies are no longer a state priority. This dismantling left LGBTQ+ Argentines without national advocacy tools.

Some provinces have tried to fill this void, but many others have followed the national government’s lead. This trend, according to Paulón and other activists, has left LGBTQ+ Argentines even more vulnerable.

“What we are seeing is not only a setback in public policies, but also a direct attack on the dignity of thousands of people who, until recently, felt the support of the state,” said Paulón. 

One of Milei administration’s first acts was to close the Women, Gender and Diversity Ministry and INADI. These decisions, which Milei said was necessary to reduce “unnecessary public spending,” eliminated agencies that played an essential role in the promotion of human rights and the fight against discrimination.

“Without these institutions, the LGBTQ community has been left unprotected against violence and prejudice. Now, discrimination cases that used to be handled by INADI end up shelved or without follow-up,” Paulón warned. “The message this sends is that our lives don’t matter to this government.”

Paulón and other activists say one of the Milei government’s most alarming decisions is to allow employers to fire employees without legal consequences.

“Today, a person can be fired because of their sexual orientation or gender identity, without the possibility of recovering their job,” warned Paulón. 

The new policy has left many employees — especially transgender people — without legal recourse. Advocacy groups say companies have taken advantage of this regulation to carry out selective firings. The freezing of a trans-specific labor quota has deepened employment discrepancies for one of the country’s most vulnerable communities.

Paulón told the Blade that anti-LGBTQ+ rhetoric from Milei and several of his ministers has also had an effect on Argentine society.

“Today, anyone feels they can say anything without consequences,” said Paulón, who noted that ultraconservative and religious sectors view Milei’s government as an ally. 

This rhetoric, according to Paulón, has yet to translate into widespread violence.

“We are not yet in a situation of systematic violence as in other countries, but the risk is there,” he said. “Every word of hate from power legitimizes violent actions.”

Congress, civil society leads resistance

In the face of this adverse scenario, resistance has taken various forms.

Paulón and other opposition lawmakers have worked on bills to protect LGBTQ+ rights and reverse regressive measures.

“We will not stand idly by. We put forward concrete proposals to guarantee access to health care, inclusive education and labor protections,” said Paulón.

Activists have strengthened alliances with their counterparts in neighboring countries, such as Brazil and Chile, and Mexico. They are also working with international organizations that have expressed concern about the situation in Argentina.

Although the outlook is bleak, Paulón said he remains hopeful. 

“Milei is going to pass, like all processes in democracy,” he said. 

Paulón stressed that marriage equality and the transgender rights law are deeply rooted in Argentine society, and act as barriers to stop further setbacks. The challenge now, he says, is to maintain resistance, organize the community, and strengthen international ties.

“We have an organized movement, tools to defend ourselves and a mostly plural and diverse society. This process will also come to an end,” said Paulón. “In this context, the struggle for LGBTQ rights in Argentina is a reminder that social conquests are never definitive and that resistance is vital to preserve the achievements made.” 

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district court’s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.”

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks it’s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ‘mutilation’ and ‘an abomination’ and have called the providers of this care ‘evil,’” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.” 

“Transgender adults don’t need state officials looking over their shoulders, and families of transgender youth don’t need the government dictating how to raise their children,” said Shannon Minter, legal director of NCLR. “The district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.” 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, “The state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, The defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

“Not only does this dangerous law take away parents’ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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