News
Cicilline touts Equality Act as House’s new senior gay member
Cicilline talks Equality Act in new role as senior LGBT House member
Rep. David Cicilline (D-R.I.) will become the most senior openly gay member of the U.S. House as Democrats take the majority this week, but he’s more excited about the growing ranks of openly LGB people who will serve in Congress alongside him and finally being able to move long-awaited legislation to ban anti-LGBT discrimination.
Asked by the Blade during an interview in his office Dec. 20 about his new distinction as the most senior out gay member of the House with outgoing Rep. Jared Polis leaving to become governor of Colorado, Cicilline said he’s “very proud” the chamber will have a net gain of two out LGB members in the 116th Congress and talked about the Equality Act.
“It’s a great privilege to be a part of that group,” Cicilline said. “I think this year will be an opportunity for us to finally move forward on the Equality Act, which I think is the single most important piece of legislation to our community in terms of, once and for all, prohibiting discrimination against members of the LGBT community as a matter of federal law. And so, I’m honored to be the senior most member and really excited about the new colleagues that are joining this caucus.”
(Although Cicilline is now the most senior openly gay person in the House, he’s not the most senior openly gay person in Congress. That distinction belongs to Sen. Tammy Baldwin of Wisconsin who was first elected to the House in 1998, but moved to the Senate and won re-election last year.)
The Equality Act would amend the Civil Rights Act of 1964 and the Fair Housing Act to ban anti-LGBT discrimination in employment, housing, public accommodations, jury service, education, federal programs and credit.
The bill also seeks to update federal law to include sex in the list of protected classes in public accommodation in addition to expanding the definition of public accommodations to include retail stores, banks, transportation services and health care services. Further, the Equality Act would establish that the Religious Freedom Restoration Act — a 1994 law aimed at protecting religious liberty — can’t be used to enable anti-LGBT discrimination.
Although the ongoing government shutdown will likely be the first priority for the Democratic majority, Nancy Pelosi said advancing the Equality Act would be a personal goal and the legislation will receive a bill number between 2 and 10.
And the lawmaker who’ll spearhead that legislation is Cicilline, who introduced the comprehensive non-discrimination measure in the previous two Congresses with Sen. Jeff Merkley (D-Ore.). For the first time, Democrats will introduce the Equality Act while controlling at least one chamber of Congress, which presents an opportunity for a floor vote on the legislation.
Cicilline said the timing for introduction for the Equality Act in the 116th Congress is yet to be determined, although it’ll definitely coincide with Merkley’s introduction of the legislation in the Senate. The Rhode Island Democrat said conversations with Democratic leadership on the timing for the legislation haven’t yet taken place “other than knowing we’re moving forward on it.”
“I know that the incoming speaker had made public statements about our intention to make the Equality Act a priority, which I’m delighted to hear,” Cicilline said.
Cicilline said he expects committees with jurisdiction over the Equality Act — such as the Judiciary Committee and the Education & the Workforce Committee — to hold hearings on the legislation before moving forward in accordance with regular order before the floor vote.
The next iteration of the Equality Act will have “pretty much” the same language as its previous iterations, Cicilline said. He added every time he reintroduces a piece of legislation “it’s another occasion to kind of look at the bill and see if there’s anything to change.”
“So we’ll go through that process, but it’ll be essentially the same bill,” Cicilline added.
Asked whether he had anything in mind that would make the Equality Act not the same in the 116th Congress, Cicilline replied, “No.”
In the previous Congress, all members of the Democratic caucus were co-sponsors of the legislation, except for two lawmakers: Rep. Dan Lipinski (D-Ill.), whom LGBT groups sought (unsuccessfully) to oust during the Democratic primary last year for not backing LGBT rights, and Rep. Marcia Fudge (D-Ohio).
Cicilline said he expects the same level of support in the Democratic caucus as it takes the majority in the 116th Congress.
“I’ve talked to a number of my new colleagues about the Equality Act, a number of them have already contacted me about wanting to be co-sponsor, so I expect will have the same kind of overwhelming Democratic support,” Cicilline said. “Hopefully, every Democrat will be a co-sponsor.”
Republicans however, are a different story. Only two Republicans co-sponsored the Equality Act in the last Congress. One of them is Rep. Ileana Ros-Lehtinen (R-Fla.), known for being the most pro-LGBT House Republican, who retired after 24 years in Congress. The other Republican co-sponsor, Rep. Scott Taylor (R-Va.), was voted out of office in the Democratic “blue” wave.
Cicilline said he’s had conversations on the Republican side of the aisle about the Equality Act and is “going to continue those because I want to do everything I had to make it bipartisan.
“I think it’ll be really important to have some of our Republican colleagues, but I don’t have any yet that are committed to it,” Cicilline added.
Asked whether there were any Republican possibilities he could name, Cicilline demurred.
“If I name them, they become less possible,” Cicilline said. “I’m going to explore with as many Republican colleagues as I can and get them on board.”
But the Equality Act also faces concerns among civil rights supporters. Many civil rights groups, including the Leadership Council on Civil & Human Rights, have said they support the goals of the Equality Act, but have stopped short of a full endorsement of the bill.
Fudge, who was considering a leadership challenge to Pelosi after Democrats won their majority, has expressed concerns about opening the Civil Rights Act to amendments on the House floor, where the landmark legislation could be watered down.
“What I opposed was including the Equality Act in the current Civil Rights Act,” Fudge said in a statement. “The Civil Rights Act is over 50 years old and isn’t even adequate to protect the people currently in it. I want us to do a new and modern civil rights bill that protects the LGBTQ community and updates protections for this era. I do not believe it is appropriate to open and relitigate the current Civil Rights Act.”
Cicilline said the Leadership Council on Civil & Human Rights made “a very strong statement of support of equality for our community” in regards to the Equality Act. As for Fudge’s concerns, Cicilline said he understands them, but doesn’t share them.
“I understand the argument advanced by Congresswoman Fudge,” Cicilline said. “I disagree with it. I think that we can’t have full equality by having a separate but equal civil rights bill.”
Cicilline said barring discrimination against LGBT people by amending the Civil Rights Act of 1964 has significant benefits that a different bill couldn’t accomplish. Among these benefits is applying more than 50 years of jurisprudence of the landmark law to anti-LGBT discrimination.
“Really the only way to do it is to include it in the existing civil rights architecture, so you have the benefit of all that jurisprudence whenever exemptions exist, whenever other kinds of tests need to be applied,” Cicilline said. “There’s significant jurisprudence on it, and so it saves kind of litigating all these things again. So, I think there’s real value legally and real value in terms of making a strong statement that we need for equality.”
Cicilline pointed out that every other member of the Congressional Black Caucus was a co-sponsor of the Equality Act, including civil rights icon Rep. John Lewis (D-Ga.), whom Cicilline said was “one of the early champions of the bill, and he’s a respected leader in that community.”
After the Equality Act passes the House, the game changes. Instead of a new Democratic majority, the U.S. Senate under Senate Majority Leader Mitch McConnell (R-Ky.) has an expanded Republican majority. Moreover, President Trump would need to sign any legislation for it to become law.
But Cicilline denied passage of the Equality Act in the House is the end of the story. In fact, he called it the “beginning of the story” because the campaign to pressure Republicans to support LGBT rights will begin.
“We will work hard to get it passed in the Senate,” Cicilline said. “I think this is one where it’s very critical for outside groups to play a role in identifying who are the key senators who are at least willing to consider supporting the Equality Act and that they hear from constituents in their districts from the LGBT community and allies about the importance of this, and we begin a real campaign to persuade them to do it.”
Referencing polls showing the American public opposes discrimination against LGBT people, Cicilline said the issue “is one where the American people are way ahead of us overwhelmingly.”
“I think part of our challenge is to catch up to where the American people are,” Cicilline said. “They understand fundamentally that discrimination is wrong. It’s antithetical to the fabric that is this country. And when you give them the examples of the kind of discrimination we’re talking about they’re opposed to it. So I think this is about kind of Congress basically catching up to where the rest of the country is and making certain that qualified people cannot be fired from their jobs, cannot be kicked out of housing.”
Cicilline also wouldn’t rule out Trump supporting the Equality Act, recalling an interview Trump gave in 2000 to The Advocate in which he said he likes the idea of adding sexual orientation to the Civil Rights Act of 1964. Trump hasn’t said whether he still holds that position.
“It’s hard to know that he’ll continue to maintain that position, especially when you think of the ways the administration has behaved, but if we bill pass the bill soon, that’s our next effort,” Cicilline said.
The third branch of the U.S. government may also have a chance to weigh in on anti-LGBT discrimination. Two petitions are pending before the Supreme Court calling on justices to affirm anti-gay discrimination amounts to sex discrimination under current law, and another petition seeks clarification on whether anti-trans discrimination is sex discrimination.
For decades, courts have more or less consistently found anti-trans discrimination is sex discrimination. Court rulings finding anti-gay discrimination is sex discrimination are a relatively new development, but a growing number of them are reaching that conclusion.
In the event the Supreme Court decides to take up these cases, Cicilline said either way justices would come down, it wouldn’t change the need for the Equality Act.
“It’s one tiny piece of this bill,” Cicilline said. “So it would answer that question, but if it was answered and said it is covered that would be great because we have some partial coverage, partial protection against discrimination for one part of the community but it doesn’t solve the problem and it would still, I think, wouldn’t in any way undermine the necessity of passing and enacting the Equality Act. If they rule against it, then it just affirms the emergency of passing the Equality Act. So, I don’t know that it has a big impact.”
The Equality Act isn’t the only LGBT issue Cicilline has spearheaded. Last year, when the nation was horrified over the Trump administration’s “zero tolerance” immigration policy that separated asylum-seekers from their children, Cicilline pointed out the LGBTQ youth in immigration detention facilities have no legal protections.
Cicilline said “there may, in fact, be some implications of the Equality Act” in the context of immigration detention in terms of if there were educational facilities or it was considered a public accommodation.
“They did not have in place any protocols or systems,” Cicilline said. “They acknowledged that when issues arise related to the sexual orientation or gender identity of youth they deal with it on a case-by-case basis, whatever that means. But it was clear there aren’t established protocols that protect this vulnerable population. This is one of many, many shortcoming in the current immigration detention proceedings.”
The treatment of LGBT youth in immigration detention facilities, Cicilline said, will be the subject of congressional oversight with the House under Democratic control.
“I think you’ll see a lot of oversight hearings on this when we take the majority in January,” Cicilline said.
That isn’t the only LGBT issue facing expected congressional oversight for Cicilline, who identified other areas he predicts will come under scrutiny.
“The same things that exist in the immigration system context exist in the criminal justice system, so protections are in place for the people in our community who are incarcerated,” Cicilline said. “There’s lots of work that needs to be done in terms of protecting students, particularly with Betsy DeVos’ rollback of some key protections.”
One LGBT issue that has reemerged is reports of anti-gay human rights abuses, including the extrajudicial killing of gay people in concentration camps, in the Russian semi-autonomous Republic of Chechnya. Last month, the State Department promoted a report from the Organization for Security for Cooperation in Europe corroborating those reports and finding Russia “appears to support the perpetrators rather than the victims.”
Cicilline said the report “confirmed what we suspected from the beginning” and found an earlier Russian investigation that found no abuse “was not legitimate.”
“We have attempted in a variety of different ways to raise that issue both by introducing and passing a resolution in Congress condemning that action as well as leading a letter to the president and secretary of state urging him to raise this issue with — abuse of LGBT people in Chechnya — with the Russian officials,” Cicilline said. “So this confirms what we have attempted to do and sadly is just another example of people from our community suffering violence and discrimination and brutality and really unforgiveable circumstances.”
The Trump administration has sanctioned Chechen leader Ramzan Kadyrov under the Magnitsky Act and supported the OSCE report, but Trump himself has said nothing about the abuses, unlike other world leaders such as Justin Trudeau, Theresa May, Emmanuel Macron and Angela Merkel.
Asked what the Trump administration or new House majority should do, Cicilline said “we just have to continue to press for human rights,” raising the possibility of legislation and sanctions.
“I think there’s some legislative stuff we can do,” Cicilline said. “I think we should continue to bring attention to these issues, continue to express condemnation when appropriate with sanctions, etc. So I think there’s a whole range of options available to us, but raising our voices and making sure that America continues to be a country that speaks out against violence against the LGBT community is really important.”
Asked what would need to happen to trigger sanctions, Cicilline said “we have current mechanisms,” but other proposals are in the works through the legislative process.
With a Democratic majority taking control of the House, Cicilline said the distinction between Democrats and Republicans on LGBT rights will exemplify the new tone in Washington.
“I think the contrast is really stark and, I think people have a right to expect that the Democrats who take the House back that LGBT equality and protecting the LGBT community from discrimination will be an important priority for us and, I think, the community should be excited about having at least one chamber that fundamentally respects who we are and is committed to fighting for our equality,” Cicilline said.
Although the House is just one chamber of Congress and Trump still occupies the White House, Cicilline said the distinction between Democrats and Republicans on LGBT rights will shine a light for the American public in time for the 2020 election.
“So this is a big change and we’re either going to get the Equality Act passed in the Senate after it passes the House and have equality, or we’re not,” Cicilline said. “And we’re going to be able to demonstrate who stopped our fight for equality, and those people will be on the ballot in two years.”
Cicilline added, “Our community will work to elect people who do support equality, so this is an important one, but the work isn’t done, so we got a lot of work ahead of us. Fights for equality are never easy, even though they seem obvious to us.”
National
Biden, other administration officials mark Transgender Day of Remembrance
‘Epidemic of violence towards transgender people’
Democratic officials marked Transgender Day of Remembrance, which took place on Wednesday, honoring the lives lost to anti-trans violence and calling out rising anti-trans rhetoric and discrimination.
President Joe Biden in a statement said “we mourn the transgender Americans whose lives were taken this year in horrific acts of violence.”
“There should be no place for hate in America — and yet too many transgender Americans, including young people, are cruelly targeted and face harassment simply for being themselves. It’s wrong,” he said. “Every American deserves to be treated with dignity and respect, and to live free from discrimination. Today, we recommit ourselves to building a country where everyone is afforded that promise.”
U.S. Reps. Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Mark Pocan (D-Wisc.), as well as U.S. Sen. Mazie Hirono (D-Hawaii), all members of the Congressional Equality Caucus, introduced a bicameral resolution commemorating the Transgender Day of Remembrance and “recognizing the epidemic of violence toward transgender people and memorializing the lives lost this year.”
“As anti-transgender rhetoric and legislation has increased in the United States over recent years, unfortunately so has anti-transgender violence,” Jayapal said in a statement announcing the resolution. “On Transgender Day of Remembrance, this resolution stands as a symbol of the strength and resilience of the trans community and honors the lives of the trans people we have lost to horrific violence.”
Jacobs also addressed President-elect Donald Trump’s anti-trans rhetoric.
“Donald Trump’s anti-LGBTQ+ and anti-trans agenda will likely fuel this anxiety and violence against queer communities,” Jacobs said. “That makes this year’s Transgender Day of Remembrance even more important. Our bicameral resolution is a powerful reminder that anti-trans rhetoric can cost lives.”
A report by the Human Rights Campaign documenting anti-trans violence found at least 36 trans and gender-expansive people in the U.S. lost their lives to violence since last year.
Transgender Day of Remembrance was founded in 1999 by trans activist Gwendolyn Ann Smith to commemorate the one year anniversary of the murder of Rita Hester, a trans woman who was killed in Boston. The day has since grown into a national and international event.
Secretary of State Antony Blinken in a statement honored Transgender Day of Remembrance.
“Transgender individuals exist in every country, every culture, and every faith tradition,” he said. “ The United States recognizes Transgender Day of Remembrance to affirm the dignity and human rights of transgender persons globally.”
In a post on X, U.S. Sen. Tammy Duckworth (D-Ill.) wrote, “On this Transgender Day of Remembrance, we honor the trans and nonbinary lives lost to violence simply for being who they are. Every American deserves to live their truth and feel safe doing so. Hate has no place here.”
U.S. Ambassador to the U.N. Linda Thomas-Greenfield noted the Biden-Harris administration’s advocacy for the trans community, which has included issuing a policy that prohibits discrimination based on gender identity and sexual orientation under the Title IX federal civil rights law this year.
“On Transgender Day of Remembrance, we reaffirm there is no place for hate in America. The Biden-Harris Administration is proud to advocate for the safety of transgender and all LGBTQI+ Americans, including at the UN,” she said in a post on X.
Victor Madrigal-Borloz, a former independent UN expert on LGBTQ+ and intersex rights, also on X, said trans people’s human rights are questioned “for reasons that have nothing to do with them and a lot with bigotry.”
“Support them actively,” he urged.
Xavier Becerra, the secretary of health and human services, seemingly mixed up the day that was being observed, releasing a statement mistakenly commemorating Transgender Day of Visibility, which takes place on March 31.
“We fight so that trans Americans can go to the doctor and receive the same treatment as any other patient … so that they feel welcomed at school and in their community for who they are,” Becerra said.
Maryland Gov. Wes Moore, a Democrat, issued a proclamation recognizing Transgender Day of Remembrance, continuing the precedent he set last year as the first Maryland governor to issue such a proclamation.
Moore in May signed into law a bill that added gender-affirming care to Maryland’s definition of legally protected health care, affirming its status as a sanctuary state for trans people and their healthcare providers.
LGBTQ Non-Profit Organizations
Quinceañera fashion show raises record-breaking funds
The Trans Latin@ Coalition raised approximately $300,000 to continue funding vital programs
The Trans Latin@ Coalition raised a record-breaking amount of money at their quinceañera, celebrating fifteen years of helping the Trans, Latin American communities of West Hollywood and Los Angeles. The event took place at the Pacific Design Center in West Hollywood, starting with a VIP reception and red carpet, followed by a fashion show featuring 14 designers. The 15th anniversary successfully highlighted the intersection of cultura, fashion and activism with a mariachi and fashion lines full of vibrant Latin American colors, patterns and embroidery.
The quinceanera’s fashion show is called GARRAS, which stands for Groundbreaking Activism Redirecting and Reforming All Systems. GARRAS is more than just a fashion show, it is also a movement to transform the Trans, Gender nonconforming and Intersex community–as well as their allies–into high-fashion icons.
GARRAS raises funds for the Trans Latin@ Coalition and uses these events to give TGI people a platform to showcase their talents, leadership and activism. The quinceañera-themed fashion show
Bamby Salcedo, CEO of Trans Latin@ Coalition spoke during the event to address not only the need for continued funding, but also to point out how much more unity the TGI and Latin American communities must demonstrate in light of the incoming Trump administration.
“I want to thank each and every one of you for supporting our work, for believing in our work and for participating in the change we are all working to create,” said Salcedo to the audience. “We’re here to raise funds to continue to do the work that needs to happen, especially because of what just happened [with the election]. And you know what? [The government] is trying to scare us and diminish who we are, and I say to all those mother f*ckers ‘F*ck you!”
The fashion show and reception brought in celebrity guests, models, influencers and many other queer Los Angeles socialites. Zaya Wade, Gia Gunn from Ru Paul’s Drag Race: Season 6, Mayhem Miller from Ru Paul’s Drag Race: Season 10, Heidi N Closet from Ru Paul’s Drag Race: Season 12 and many influencers and personalities.
The TGI designers who showcased their latest creations were: Leandrag, Enrique Montes, Semi Creations, Natalia Acosta, Royal Rubbish, ArmaniDae, Nuwa1997, Bad Burro, Life on Mars, HIM NYC, 10 eleven, Rag to Fab, Christiana Gallardo and Jesse Alvarado.
Nigeria
Four men accused of homosexuality beaten, chased out of Nigerian city
Incident took place in Benin City on Nov. 17
Four young men have been beaten and chased out of a Nigerian city after they were found engaging in consensual same-sex sexual activity.
An angry mob paraded the four men, who were only wearing boxing shorts, down Nomayo Street in Benin City, the capital of Edo state, on Nov. 17. One of them had a visible deep cut on his forehead as a result of the beating.
The mob threatened to kill them if they were to return to the city. It also questioned why they were “into” homosexuality when there were many women in the area.
Samson Mikel, a Nigerian LGBTQ+ activist, said the attack was misdirected anger.
“Benin City is one of the backward places in Nigeria and a dorm for scammers and other crimes, the people are proud of their roughness, they are never concerned about these other crimes or how the government is impoverishing them, but will light gay men on fire the moment they think,” said Mikel. “All they want is to live and experience love. They are not the cause of the economic meltdown in the country, neither are they the reason why there are no jobs in the streets of Nigeria.”
Attacks like the one that happened in Benin City have been happening across Nigeria — the latest took place in Port Harcourt in Rivers state last month.
Section 214 of the Criminal Code Act on Unnatural Offenses says any person who has “carnal knowledge of any person against the order of nature, or has carnal knowledge of an animal, or permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony” and could face up to 14 years in prison.
Several LGBTQ+ people and activists have been arrested under Section 214.
In some cases they are murdered with law enforcement officials showing little to no interest in investigating, such as the case of Area Mama, a popular cross-dresser whose body was found along the Katampe-Mabushi Expressway in Abuja, the Nigerian capital, in August.
The Initiative for Equal Rights, a Nigerian advocacy group, said the federal government should take concrete steps to protect the rights of all Nigerians.
“For many, especially LGBTQIA+ individuals, women, and those within the Sexual Orientation Gender Identity, Expression and Sexual Characteristics (SOGIESC), community, freedom remains a distant goal. Discrimination, violence and human rights violations are daily realities,” said TIERs Nigeria. “Despite the progress we have made, the journey towards justice is long, but our voices remain unwavering.”
TIERs Nigeria also called upon the federal government to repeal the Same Sex Marriage (Prohibition) Act 2014, to respond to the African Commission’s recommendation to review laws that criminalize rights of assembly and association, and to enact laws and policies that discourage hate speech and other actions that incite discrimination against LGBTQ+ people.
Many Nigerians vehemently oppose public discussions about LGBTQ+-specific issues because of religious and cultural beliefs.
A number of local and international human rights organizations have advised the federal government to prioritize the rights of everyone in Nigeria, including those who identify as LGBTQ+. There is, however, little hope that Nigerian officials will do this anytime soon.
Consensual same-sex sexual relations remain punishable by death in states with Sharia law. Those who advocate for LGBTQ+ rights in these areas could also face a similar fate.
Kenya
Kenyan advocacy group uses social initiatives to fight homophobia
INEND made donations to sports teams, launched comic book
A Kenyan queer rights organization has launched a social support initiative to fight endemic homophobic stigma and discrimination in the country.
The Initiative for Equality and Non-Discrimination, which has been training judicial officers on LGBTQ+ rights, is using sports and other social activities to educate the public against anti-queer discrimination.
The Mombasa-based INEND, through its “Advocacy Mtaani” or “Advocacy at the Grassroots” campaign, last month donated soccer jerseys, balls, goalpost nets, and other sporting items to local teams. It also used the platform to educate beneficiaries and the community-at-large on queer rights issues.
The donations followed another one to “boda boda” or “public motorbike riders” on Oct. 29. The Mombasa group received umbrellas to shield drivers and passengers alike from the sun and rain.
“We distributed umbrellas in various ‘boda boda’ stages to equip not only the operators but also to spread the message of inclusion and violence prevention in our endeavor to have the operators become human rights champions in the society,” INEND, headed by Executive Director Essy Adhiambo, stated.
INEND has also launched a comic strip, “Davii and Oti,” which tells a story about Pride and allyship.
The comic strip series has heterosexual, nonbinary, gay, and lesbian characters to help explore myriad socio-cultural and economic problems that include discrimination and violence that queer people experience in their families, workplaces, social gatherings, and other settings.
“This awesome queer comic focuses on what is often misused as an argument against the LGBTQ+ community in Kenya; family values, African culture, and traditions,” INEND stated.
The comic strip, which advocates for inclusivity and nondiscrimination based on one’s sex orientation and gender identity, also educates queer people about self-acceptance, resilience, and thriving through economic empowerment.
INEND has also come up with regional human rights advocacy trainings that focus on misinformation, disinformation, and digital rights. These workshops target women, queer people, and other marginalized groups.
The organization, for example, last month trained groups of women leaders and queer people in the coastal counties of Mombasa and Kilifi. Another one took place in the western county of Busia, which borders Uganda.
“These trainings come in a critical moment when we have witnessed an uptick in online gender-based violence especially towards LGBTQ+ folks,” INEND noted.
The trainings aimed at creating safe digital spaces for “structurally silenced women and queer persons” are conducted through a partnership between INEND and two global organizations: Access Now, which defends the digital rights of people and communities at risk, and the Association for Progressive Communications, which supports the use of internet and information and communication technology for social justice and sustainable development.
INEND, after unveiling a judicial guidebook last October to help judges better protect queer people’s rights, has intensified regional training for judicial officers across the country. The organization this month, through its “Access to Justice” initiative, trained judicial officers in Kisumu, Kenya’s third largest city, and in the North Rift region and Kilifi.
The two-day training that began on Nov. 5 focused on making judicial officers more sensitive to queer people and showing empathy towards sexual and gender minority groups in order to realize a “fairer and more inclusive legal system” that upholds the dignity of all.
The training followed INEND’s launch of a new report in July titled “Transforming Perceptions” that accesses the impact of their sensitization engagements with 53 judges and magistrates in 2022 on queer rights protection.
“The results offered a glimpse of hope for a more inclusive justice system,” the report states. “Over 70 percent of judicial officers surveyed after the training acknowledged that existing laws, like Sections 162, 163, and 165 of the penal code which criminalize consensual same-sex intimacy negatively influence societal views of LGBTQ+ Individuals.”
The report also notes that 80 percent of the judicial officers trained on queer rights issues indicated they would either be comfortable or indifferent living next to a queer person
Pema Kenya is another local advocacy group that is working to make judicial officers more sensitive to queer people when they handle their cases.
The group in September held a two-day training on gender and sexuality issues for members of the Judicial Service Commission, a top governing body of Kenya’s judiciary.
“This initiative aims to equip key stakeholders within the judicial framework with vital knowledge and skills to handle cases related to gender and sexuality with empathy, understanding, and professionalism,” Pema Kenya stated.
Politics
GOP resolution targets Sarah McBride, the first trans member of Congress
U.S. Rep. Nancy Mace (R-S.C.) on Monday proposed a resolution that would prohibit House members and staffers from “using single-sex facilities other than those corresponding to their biological sex.”
The bill, which comes just two weeks after Sarah McBride was elected to become the first transgender member of Congress, would block her from accessing women’s bathrooms in the U.S. Capitol and House office buildings.
Republican leadership including House Speaker Mike Johnson (La.) have indicated they will seriously consider the proposal, while House Democrats denounced the effort as a cruel attempt to bully an incoming freshman colleague.
Congress
GOP resolution targets Sarah McBride, the first trans member of Congress
Bill by Rep. Mace would prohibit her from using women’s restrooms
Published 2 hours ago
on November 19, 2024
Delaware state Sen. Sarah McBride (Washington Blade photo by Daniel Truitt)
U.S. Rep. Nancy Mace (R-S.C.) on Monday proposed a resolution that would prohibit House members and staffers from “using single-sex facilities other than those corresponding to their biological sex.”
The bill, which comes just two weeks after Sarah McBride was elected to become the first transgender member of Congress, would block her from accessing women’s bathrooms in the U.S. Capitol and House office buildings.
Republican leadership including House Speaker Mike Johnson (La.) have indicated they will seriously consider the proposal, while House Democrats denounced the effort as a cruel attempt to bully an incoming freshman colleague.
“Every day Americans go to work with people who have life journeys different than their own and engage with them respectfully, I hope members of Congress can muster that same kindness,” McBride said in a post on X.
“This is a blatant attempt from far right-wing extremists to distract from the fact that they have no real solutions to what Americans are facing,” she said. “We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars.”
“Delawareans sent me here to make the American dream more affordable and accessible and that’s what I’m focused on,” McBride added.
In her successful bid for Delaware’s at-large congressional seat, McBride’s campaign did not center the historic nature of her candidacy but rather her record of delivering results for her constituents like paid family and medical leave.
She did, however, talk about how everyone deserves a representative in Congress who respects them and their families.
Mace used transphobic language attacking McBride when speaking with reporters about her bill on Monday. “Sarah McBride doesn’t get a say. I mean, this is a biological man,” she said, adding that the lawmaker “does not belong in women’s spaces, women’s bathrooms, locker rooms, changing rooms, period, full stop” and instead should “use the men’s restroom.”
“I’m going to be standing in the brink, standing in his or her way, putting a stop to this insanity and this nonsense,” the South Carolina congresswoman said. She did not directly address a question about what “mechanism” might be used for “checking who’s qualified to use the ladies’ room,” but her bill specifies that the House sergeant-at-arms would be responsible for enforcement.
Asked whether she introduced the bill “specifically because Sarah McBride is coming to Congress,” Mace said “that, and more.”
Fielding questions from reporters on the steps of the Capitol Monday, far-right U.S. Rep. Marjorie Taylor Greene (Ga.) endorsed her colleague’s proposal while using anti-trans language and deliberately misgendering the incoming congresswoman from Delaware.
“He is a man. He is a biological male,” she said. “He has plenty of places he can go.”
LGBTQ House members rally behind soon-to-be colleague
Gay U.S. Rep. Mark Pocan (D-Wis.), who chairs the Congressional Equality Caucus, shared a statement with the Washington Blade on Tuesday.
“It’s been a while since Nancy Mace has had her 15 minutes of fame,” he said. “Republicans keep desperately lashing out against trans people to try and distract from the fact that this Congress has been one of the least productive in history—they can’t even pass a Farm Bill or pass major appropriations bills, so they turn to using these cruel attacks to distract from their inability to govern and failure to deliver for the American people.”
“Nancy Mace’s resolution is a pathetic, attention-seeking attempt to grab Trump’s eye and the media spotlight—and trans people, including trans employees, are paying the price,” Pocan added.
Several of the eight other LGBTQ House members, all serving as co-chairs of the caucus, had spoken out against the bill as of Tuesday morning.
“The cruelty is the point,” U.S. Rep. Becca Balint (D-Vt.) said. “Is that what we want the sergeant-at-arms to be doing when we had an attack on the freaking Capitol?”
“Let’s call this what it is: bullying,” Equality PAC Co-Chairs Ranking Member Mark Takano (D-Calif.) and Congressman Ritchie Torres (D-N.Y.) said in a joint statement. “Instead of working to lower daily household costs for families and provide real relief for those struggling across our country, House Republicans have decided to single out one newly elected Member of Congress and make her life more difficult for absolutely no reason at all.”
“This is nothing more than a pathetic attempt from a member who has repeatedly shown no interest in governing simply to make headlines and get attention,” they said. “Congress has a responsibility to focus on the issues that matter to all Americans, not to police who uses which bathroom.”
The congressmen added, “Equality PAC stands proudly with Sarah as we fight back against this baseless attack on her and the trans community. And we will always stand up to bullies – especially those we serve alongside in the US. Capitol Building.”
HRC condemns Mace’s resolution
Human Rights Campaign spokesperson Laurel Powell released the following statement on Tuesday:
“Let’s call this what it is: Rather than focusing on issues that matter to Americans, Rep. Mace is seeking a spotlight by cruelly discriminating against her incoming colleague, the first openly transgender person to be elected to Congress.
“Her resolution would also target trans people who have worked and served in the Capitol long before this month’s elections–more proof this is merely a political charade by a grown-up bully.
“It is another warning sign that the incoming anti-equality House majority will continue to focus on targeting LGBTQ+ people rather than the cost of living, price gouging or any of the problems the American people elected them to solve.”
National
Reports of hate-filled messages under investigation
Racist, homophobic, messages reported across the U.S. following presidential election
On Friday, the Federal Bureau of Investigation stated they are now investigating a series of racist and offensive messages sent to LGBTQ+ communities and communities of color around the country. At first, text messages were targeted at Black Americans and African Americans, then the wave of hateful digital rhetoric spread to target the LGBTQ+ and Latin American communities.
Earlier this month, the initial text messages were sent out to Black American and African American people regarding a fake work assignment that suggested they were going to be working as slaves in a plantation. College students, high school students, professionals and even children, reported receiving the mass texts from unrecognized phone numbers following the presidential election.
Since then, at least 30 states throughout the nation have reported cases of similar messages containing hate-filled speech, according to CNN.
According to the report issued by the FBI, the texts and emails that target the LGBTQ+ and Latin American communities stated that the receivers of these messages were selected for deportation or to report to re-education camps.
The Federal Communications Commission’s enforcement bureau is investigating the text messages. Chair Jessica Rosenworcel issued a statement regarding the texts.
“These messages are unacceptable,” said Rosenworcel. “That’s why our Enforcement Bureau is already investigating and looking into them alongside federal and state law enforcement. We take this type of targeting very seriously.”
The FBI reports that though they have not received reports of violence related to the messages, they are working with the Department of Justice Civil Rights Division, to evaluate all reported incidents across the U.S.
Last year, the Leadership Conference Education Fund launched a report stating that hate crimes increase during elections, pointing to white supremacists being particularly active during the past four presidential election cycles.
A portion of the report reads: “The Trump candidacy empowered white nationalists and provided them with a platform — one they had been seeking with renewed intensity since the historic election of America’s first Black president in 2008. Since 2015, communities across the country have experienced some of the most violent and deadliest years for hate in modern history.”
If you have received a similar text or email, you can report it here.
India
Kamala Harris’s loss prompts mixed reaction in India
Vice president’s mother was born in Chennai
Vice President Kamala Harris’s loss in the U.S. presidential election has elicited mixed reactions among LGBTQ+ activists in India.
A notable portion of Indians expressed support for now President-elect Donald Trump over Harris, even though her maternal lineage traces back to India. Her mother, Shyamala Gopalan, was born into a Brahmin family in Chennai in 1938, and her grandfather, PV Gopalan, hailed from the village of Thulasendrapuram in Tamil Nadu.
Harris’s loss prompted mixed reactions within the LGBTQ+ community.
While some individuals expressed disappointment, others backed Trump.
The Washington Blade in August reported that Harris’s grandfather moved to New Delhi to serve as a civil servant in British-ruled India. This move eventually facilitated Gopalan’s journey to the U.S., where she pursued biomedical science at the University of California, Berkeley a step that played a foundational role in shaping Harris’s future political aspirations.
The Washington Blade since Election Day has spoken with several LGBTQ+ activists and influencers in India.
Harish Iyer, a plaintiff in one of India’s marriage equality cases, in response to Trump’s election said the “path for queer liberation has never been straight.”
“The presidential election was filled with rhetoric from the Republican side against transgender persons,” said Iyer. “There has been a complete denial of the existence of transgender people and also widespread ignominy and ostracism. This, adding to the overturn of Roe vs. Wade, has aggravated tensions for everyone from gender variant persons to birthing parents of all genders.”
He further noted there is a strong change of more transphobic legislation and rhetoric in the U.S. with Trump in the White House, Republicans in control of the U.S. Senate and the U.S. House of Representatives, and a conservative majority on the U.S. Supreme Court.
“In a largely connected world, where many Indians and India-born people are in America, the effect of this will be palpable in India too,” said Iyer.
Indrani Chakraborty is a prominent social activist and advocate for transgender rights, particularly in northeast India. She has been outspoken about the challenges faced by her trans daughter.
Chakraborty said the effects will be felt around the world if Trump continues his transphobic rhetoric and the U.S. government does not support the LGBTQ+ community. Anwesh Kumar Sahoo, an Indian artist, writer, model, and the youngest winner of Mr. Gay World 2016, told the Blade that Trump’s policies are a setback in the ongoing fight for LGBTQ+ rights and visibility.
“It’s a strong reminder of how interconnected our struggles are globally,” said Sahoo. “It highlights the importance of standing up for equality everywhere.”
Abhijit Iyer Mitra, an LGBTQ+ activist and senior fellow at the Institute of Peace and Conflict Studies, in response to Harris’s loss said her Indian roots “really do not matter.”
“America expects assimilation and not just integration,” said Mitra. “She has no real connect to India in any sense or knowledge of India in any sense. So, being from here absolutely means nothing. She is American through and through, she has demonstrated no knowledge of India, no nothing, so it is what it is.”
“I am not really worried, certainly not from an Indian point of view because her particular political supporters are all viciously anti-India, but not Biden,” added Mitra. “Biden is pro-India. But Kamala, especially her supporters, belongs to the same woke circuit which would be… ‘Oh India … genocide happening’ etc. So just being Indian means nothing.”
While responding to the Trump campaign’s rhetoric on trans issues, Mitra said “the issue is not the transgender community, but the forcing of gender ideology on everyone, where you put kids on puberty blockers and have irreversible surgery done, and kids taken away from their parents.”
“I thought I was a girl when I was a kid,” said Mitra. “When I grew up, I realized that I was a man. I am very comfortable being who I am and thank God none of this happened. Had this happened now, I would have been taken away from my parents, asked to undergo surgery, and would not have been able to lead the life I am leading.”
“What is being propagated as this ‘trans ideology’ or ‘gender ideology’ is essentially homophobia, where you are told a man cannot be attracted to a man. A woman cannot be attracted to a woman. They are instead pushed to undergo irreversible sex changes and become something else,” added Mitra. “This is exactly what Iran does — they punish homosexuality with death, but if you have a sex change, it is considered acceptable.”
“There is nothing pro-LGBTQ about the Democrats — far from it. It is an LGBTQ genocide. It is erasing the viability of the LGBTQ community. It is a huge disservice to gender dysmorphic individuals, who are the ones who might genuinely need surgery. But why do they need surgery? It is because they are shunned by society and forced to undergo something that no one should have to endure,” said Mitra. “They need to be accepted and loved for who they are, not turned into something society demands them to be.”
Sarah McBride, a Democrat from Delaware, on Election Day became the first openly trans person elected to Congress. Biden, former President Barack Obama, California Gov. Gavin Newsom, and Illinois Gov. JB Pritzker are among those who specifically mentioned marriage equality and other LGBTQ+ rights during the 2024 Democratic National Convention in Chicago.
“Kamala’s defeat is a huge setback for our friends from the LGBTQ community in the U.S.,” Kalki Subramaniam, an activist, queer artist, and actor who is a member of India’s National Transgender Council, told the Blade.
“As a Tamil woman from Kamala’s mother’s state, I am disappointed that Kamala was not elected,” added Subramaniam. “As Kamala said, never give up and burn bright. For all my LGBTQ families around the world, let us support more leaders like Kamala Harris and strengthen them. Let us step forward and take leadership to win back all our rights.”
World
Out in the World: LGBTQ+ news from Europe, Asia, and Oceania
European Court of Human Rights rules Switzerland cannot deport gay Iranian refugee
SWITZERLAND
The European Court of Human Rights has ruled that Switzerland cannot deport a gay Iranian refugee claimant, finding that the state’s argument that he’d be safe as long as he’s discreet is not reasonable.
The decision, which was delivered Nov. 12, applies to all 46 members of the European Convention on Human Rights.
The Swiss government acknowledged that the refugee claimant, known in the case as M.I., was a gay man and that gay men face persecution from state and non-state actors in his country of origin, Iran. But Switzerland had denied M.I.’s asylum claim, arguing that he could avoid persecution by using discretion and restraint in expressing his sexuality and that it was unlikely his sexual orientation would become known to Iranian authorities otherwise.
The court found this reasoning wrong, noting that M.I.’s sexual orientation could be discovered if he were deported to Iran, and the state had not addressed whether Iranian authorities would provide him with protection against ill-treatment. The court ordered Switzerland to reconsider M.I.’s claim in light of the lack of this protection.
Homosexuality is illegal in Iran, with penalties including beatings and death. The court ruling notes that given criminalization of homosexuality, it is unreasonable to assume that an LGBTQ+ person can seek protection from authorities in Iran.
Jacqueline McKenzie, a lawyer who represented Stonewall UK and African Rainbow Family in their intervention in the case, calls the decision a “watershed” that would help ensure protection for LGBTQ+ asylum seekers across Europe.
“I am delighted for not just my clients, Stonewall and African Rainbow Family, but for all gay people who continue to face the threat of removal to several countries where gay sex is prohibited by law and penal codes, and where in some instances, punishable by death, on the basis that they can be discreet about their sexuality,” McKenzie says in a statement.
“This is a watershed ruling that puts an end to the reasoning that it is safe to return gay men who are discreet about their sexuality to countries where they would be in danger if their sexuality were to be discovered.”
ROMANIA
An LGBTQ+ activist is making history as the first openly queer person to run for parliament in upcoming elections set for Dec. 1.
Florin Buhuceanu is running for the liberal Renewing Romania’s European Project Party (REPER), a minor party that splintered from the Save Romania Union two years ago and currently holds 10 seats in the 330-seat lower house.
He says he’s running to advance LGBTQ+ rights, including the recognition of same-sex unions, which all political parties in Romania have refused to do so far.
Buhuceanu has a history of advocacy on same-sex couples’ rights. In 2019, he and his partner of 10 years joined 20 other couples in suing the government at the European Court of Human Rights over Romania’s refusal to recognize same-sex couples. Last year, they won their case, and Romania was ordered to recognize same-sex couples in a decision that set an important precedent continent-wide.
But more than a year later, nothing has changed in Romania, because politicians have lacked the will to implement civil unions in the deeply conservative country. Buhuceanu says the lack of progress threatens democracy and rule of law.
“It’s sad that Romanian politicians are so lacking in courage to look around them and open up their eyes to the realities that are under their nose,” Buhuceanu told the news outlet Context. “This issue cannot be separated from what’s going on with the democracy status of Romania. It’s inconceivable to have final judgments that are not respected immediately.”
Buhuceanu also helped organize Romania’s first gay pride festival and led Accept, the country’s leading LGBTQ+ advocacy group. Buhuceanu and his partner also curate an LGBTQ+ history museum in their home in Bucharest, which is open to the public on weekends.
He says he’s running for parliament to drive change for the LGBTQ+ community.
“It’s the only community I’m aware of with zero political representation and this has to change,” Buhuceanu says. “We cannot wait, we should mobilize our people to occupy as many positions as possible. Otherwise, the anti-gender movement, these extreme political parties, will try to occupy the vacuum we have produced.”
JAPAN
A man is suing the Japanese government after a judge barred him from wearing rainbow-colored socks to a court hearing on same-sex marriage last year.
Ken Suzuki was wearing the rainbow-patterned socks when he attempted to observe the same-sex marriage trial in Fukuoka District Court in June 2023. He says he was told by court officials to hide the rainbow pattern ahead of the trial, and was only admitted after he folded the pattern inward, obscuring it.
He’s now joined two other individuals who were ordered to change or hide clothing with various expressions before attending other unrelated cases in a case before the Tokyo District Court seeking 3.3 million yen (approximately $21,000) in damages.
Suzuki claims that the court overstepped its authority to maintain order by requiring that he remove the socks, as they did not disrupt the court proceedings. He also says the order was inconsistent, as he was able to wear the socks without issue while attending a different same-sex marriage trial at the Tokyo District Court.
Several courts across Japan are weighing the rights of same-sex couples. Five of six lower courts that have heard same-sex marriage cases have ruled that the ban on same-sex marriage violates the constitution, as have two superior courts that have heard challenges. Further court hearings are expected in superior courts, and eventually at the Supreme Court.
VANUATU
Vanuatu’s parliament has amended its marriage laws to explicitly ban same-sex marriage, amid a new crackdown on LGBTQ+ people in the South Pacific island nation.
Prior to passage of the marriage law amendment, Vanuatu’s Marriage Act neither explicitly forbade nor permitted same-sex marriage. The new law now states that same-sex marriages may not be registered in Vanuatu.
Interior Minister Andrew Napuat told Radio New Zealand the law expresses the government’s opposition to LGBTQ+ couples. He also threatened anyone who attempts to conduct a same-sex marriage with revocation of their license.
“When the law was passed (Nov. 14), it made clear the government’s full intention, along with our leaders, that every pastor who performs marriage ceremonies must understand that they cannot conduct a ceremony that is against the law and expect it to be registered,” Napuat says.
“If anyone conducts a marriage that does not follow the spirit of the law passed today and seeks our registration, his or her license will be revoked to prevent further marriages. This applies to religious, civil, or traditional ceremonies.”
Earlier this month, the Justice and Community Services Ministry announced it was forming a committee to draft a national policy banning LGBTQ+ advocacy in Vanuatu.
The proposed crackdown comes after the president of Vanuatu’s Council of Traditional Chiefs said the activities of the country’s LGBTQ+ advocacy group VPride threaten traditional values and Christian beliefs.
While Vanuatu is a deeply conservative country, same-sex activity has never been illegal since independence from Britain and France in 1980.
California Politics
What does Measure G mean for Los Angeles County?
L.A. County makes historic strides toward achieving more government accountability and representation
Measure G campaign declares victory, making way for pivotal and significant reform in Los Angeles County and ushering in a new era of accountability. Voters in favor of the measure hope to see a transformation of the bureaucratic system and more valid representation from the additional board supervisor seats.
“With the passage of Measure G, we are advancing a vision of Los Angeles County that prioritizes transparency, accountability and equitable representation. This measure gives a voice to communities that have often been overlooked, creating a governance structure that truly reflects our diverse County,” said Nichelle Henderson, president of the Los Angeles Community College District.
This measure made history, declaring victory after gaining majority approval from voters. This measure makes history after various attempts to expand the LA County Board of Supervisors failed in 1962, 1976, 1992 and again in 2000.
The measure will now require County departments and agencies to present their budgets to the Board in open, public meetings, prior to adoption of annual budgets, effective immediately.
The “revolving door,” policy prohibiting former County officials from lobbying the County for a minimum of two years after leaving office, will now be strengthened, effective immediately.
Elected officials who are criminally convicted of a crime will be suspended without pay, also effective immediately.
The measure will establish and create an independent Ethics Commission, as well as an Office of Ethics Compliance, led by an Ethics Compliance Officer by 2026.
Under the measure, a County Executive will be elected in 2028 and the Board of Supervisors will nearly double in size by 2032, following the 2030 independent redistricting process.
The motion was originally co-authored by LA County Board Chair Lindsey Horvath and Supervisor Janice Hahn, with the support of Supervisor Hilda L. Solis. Horvath and Solis argued that five people could not effectively represent such a large and diverse population, while Supervisors Holly Mitchell and Kathryn Barger panned the move as rushed and ill-conceived.
LA County residents have affirmed that the way forward lies in a complete transformation of the County’s governance. Now that it’s been approved, the measure will add true checks and balances through a more representative legislative branch and executive branch with direct accountability to voters.
“We will now have the ability to fix what is broken and deliver the results our communities are counting on, especially in the face of threats to our most vulnerable residents from the next federal administration,” said Horvath.
“Through this historic change, we will address the most pressing issues facing Angelenos with greater urgency and accountability, and create a more ethical and representative government fit for the 21st century.”
The approval of this measure made history because previous attempts to change the county’s charter failed, while Measure G was approved through broad-based support from nurses, small businesses, civil rights groups and state–as well as–federal leaders from throughout the county.
The academic community responded to the approval of the measure, which is set to be enshrined into the L.A. County Charter shortly after it is certified by the L.A. County Registrar-Recorder on December 3, 2024.
“This historic victory gives voice to communities who have long been marginalized in the decision-making process,” said Sara Sadhwani, Ph.D., professor of politics at Pomona College. “With a more transparent and responsive governance structure, we’re creating a County government that truly reflects the diversity and needs of its people. This is a win for democracy and for all Angelenos.”
Politics
Will Rollins loses razor-close race for Republican Ken Calvert’s House seat
Gay Democrat lost to anti-LGBTQ+ Republican
A major, late-breaking U.S. House of Representatives race was called on Wednesday for the anti-LGBTQ+ Republican, U.S. Rep. Ken Calvert, who with his victory managed to stave off a second attempt by gay former U.S. Attorney Will Rollins to flip the 30+ year incumbent’s seat representing California’s 41st Congressional District.
The results all but extinguished the Democratic Party’s prospects of regaining control of the House, a stinging blow that comes a week after Republicans won the White House and retook their U.S. Senate majority.
Given how narrow the margin in their race was expected to be, and how narrow the House Republican majority was heading into the election, a lot of money was poured into the contest for CA-41.
While final vote counts have not yet been reported, their race was close, as was expected this year and as it was in 202 after Calvert’s district was redrawn to include the city of Palm Springs, a heavily Democratic area with a sizable LGBTQ+ population.
Endeavoring to reposition himself as a friend to the community, the congressman subsequently embraced some pro-LGBTQ+ policies such as by voting for the Respect for Marriage Act, which codified legal protections for married same-sex couples
Critics including Rollins said his “evolution” was insincere and opportunistic, pointing to Calvert’s anti-LGBTQ+ moves after 2022, like striking funds in an appropriations bill that had been earmarked for three LGBTQ+ centers.
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