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Mexico’s LGBTI community has high expectations for new president

Andrés Manuel López Obrador took office on Dec. 1

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Mexican President Andrés Manuel López Obrador took office on Dec. 1, 2018. (Photo by ProtoplasmaKid vía Wikimedia Commons)

MEXICO CITY — The Mexican LGBTI community has high expectations for the country’s new president, leftist Andrés Manuel López Obrador.

He won the community’s sympathy as the first president to include a message of equality in his victory speech. López Obrador reaffirmed it in his first message to the Mexican people during his inauguration.

López Obrador, a member of the National Regeneration Movement who is known by the acronym AMLO, was elected this year with more than 50 percent of the vote, becoming one of the most popular presidents in recent Mexican history. During his campaign, he promoted zero-tolerance for corruption, lowering levels of poverty in order to allow the country to begin a “fourth transformation,” a change that AMLO himself has made a top priority for the Aztec nation.

López Obrador in his inaugural speech that he gave in the Mexican congress before senators, representatives and invited guests reiterated “he will represent the rich and poor, believers and free thinkers and all Mexicans, regardless of ideologies, sexual orientation, culture, language, place of origin, education level or socioeconomic position.”

For Leonardo Espinosa, an activist from Guadalajara, this affirmation is a positive gesture and brings visibility to the community, “but it is also a call to follow up on these speeches and turn them into action and public policies.”

Alex Orué, executive director of It Gets Better México, an online video channel that promotes LGBTI rights, described AMLO’s speech as historic and “a signal that the agenda of the LGBTTTI+ Mexican coalition’s agenda has a good chance of advancing.”

Orué, at the same time, hopes this new government will lower rates of violence that disproportionately affect members of the community.

“It is vital that they confront hate speech from the state, that institutions like the National Council to Prevent Discrimination (CONAPRED) and the National Human Rights Commission (CNDH) are strengthened and emphasize the development of employment opportunities for diverse talent,” he adds.

Espinosa, for his part, hopes “discourse that speaks about our communities and needs…(that will become part of) all public policies” will take place during López Obrador’s six-year term. Espinosa also said he hopes “the citizenry gets involved and we increasingly see the words sexual orientation, lesbians, gays, transsexuals, transgender, intersex people, queer and diversity in the president’s speeches.”

“The reality of the country has never been favorable to our rights, so we are open to the possibility of improvement,” Espinosa told the Washington Blade.

López Obrador during his campaign avoided LGBTI issues because of his ties with the most conservative elements of Mexican politics, such as the former Social Encounter Party (PES), a party founded by Christian evangelicals that opposed previous efforts to legalize same-sex marriage federally. Given this scenario, a setback in the progress made on LGBTI-specific issues would not have been an unfounded fear.

“We must not forget that the former Social Encounter Party left many candidates in positions of popular election and people who were members of this party were never seen as supporters of human rights and equality,” says Espinosa.

The most concerning thing for Orué, however, is that AMLO has never retracted his statements about putting the human rights for LGBTI people up for a popular vote and “now that these consultations appear to have been legitimized in the political life of this new administration, we must not let our guard down.”

While the movement remains on alert, Orué does not think a reversal of these guarantees that have been won is possible, because “his right-hand person will be lawyer Olga Sánchez Cordero, his Cabinet’s Interior Secretary. It does mean that we have some assurance that not only will that not happen, but, the agenda will even move forward. She herself in her recent statements has reiterated that human rights should not be put up for a consultation.”

Sources with whom the Blade spoke said LGBTI issues, such as an increased focus on how to reduce the inequality gap for trans people, became more visible and were part of the public agenda during former President Enrique Peña Nieto’s government that just ended. Doubts in the country among activists nevertheless continue to persist.

“The only thing that Enrique Peña Nieto’s administration did that could have been seen as a success is he came out in support of human rights for LGBTIQ people in 2016 in a formal ceremony that marked May 17 (the International Day Against Homophobia, Transphobia and Biphobia), where he announced he would send a variety of pro-LGBTIQ initiatives, a marriage equality one among them, to Congress,” maintains Orué.

The activist lamented these promised initiatives died in Congress.

Orué and Espinosa told the Blade that visibility and security for the community, laws that penalize discrimination in all states, violence motivated by homophobia and transphobia, as well as limited employment opportunities, access to health care, justice, gender identity laws and recognition of marriage equality recognition throughout Mexico are among the pressing issues for AMLO’s administration.

“Mexico is a country where LGBTIQ issues were totally erased from the political sphere, where advances in terms of legislation have taken small steps forward,” concluded Espinosa. “It is expected there will be more changes to laws, but they come from social change. Mexico, as a country, is not homogeneous and while there are places where social change already exists and laws have already been changed, discrimination continues to be something normal in other places.”

Mexico in context

Only 15 of Mexico’s 32 states allow marriage equality. Statistics indicate 10,216 of these unions have taken place.

“There is still a long way to go for these unions to be recognized as families with all the rights that this entails,” says the newspaper Publimetro in an article that documents the “slow” implementation of marriage equality since its legalization (in Mexico City) nearly nine years ago.

Same-sex couples can legally adopt children in Mexico City and in Coahuila. There have been, as of now, 17 adoptions of children by gay and lesbian couples. Upwards of 3,230 transgender people have had their gender identity recognized.

The number of reported incidents of discrimination motivated by sexual preference or sexual orientation has decreased by 4.6 percent from 2013-2017, according to the results of a discrimination survey.

Mexico, nevertheless, remains a violent country for sexual minorities. A report that Letra S, an advocacy group, published in May notes 381 murders took place during the last five years under Peña Nieto’s government. The situation in 2018 is not very encouraging because the same organization said at least 24 LGBTI people were killed during the first three months of the year.

LGBTI Mexicans, among others, gathered in Mexico City’s Zocalo square on Dec. 1, 2018, to watch President Andrés Manuel López Obrador’s inauguration. (Photo courtesy of Jesús Chairez)

In spite of this wave of homophobia, Letra S General Director Alejandro Brito told the EFE news agency there are significant advances, such as a more pronounced position abroad in defense of rights and the recognition of marriage among same-sex couples in various entities and the Supreme Court’s 2016 ruling that declared state laws banning same-sex marriage are unconstitutional.

Furthermore, many states’ now include hate crimes in their penal codes. The attorney general last February implemented staff protocol in cases that involve sexual orientation or gender identity.

“The challenge is how to apply it,” he noted.

CONAPRED President Alejandra Haas, for her part, told Publímetro her organization has received 1,185 complaints related to gender identity, sexual preferences and workplace discrimination over the last seven years. These problems, if proven, can affect a person’s mental health.

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South Africa

WorldPride 2028 to take place in Cape Town

South Africa is first African country to host event

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(Photo courtesy of Michael Gladwin)

Cape Town last month secured enough votes to host WorldPride in 2028.

The bidding process, which started in late October, took place in Medellín, Colombia, where the Guadalajara (Mexico) Pride and WorldPride Cape Town bidding teams contended for the rights to host WorldPride. InterPride, which organizes the event, on Nov. 8 officially declared Cape Town the host of WorldPride 2028.

It will be the first time WorldPride will take place in an African country.

South Africa is the only country on the continent that constitutionally recognizes LGBTQ+ rights. South Africa, as a result, in recent years has seen a surge in the number of LGBTQ+ asylum seekers from Africa and around the world.

Reacting to the historical precedence, Cape Town Pride said it was now time for Africa to shine and acknowledged the WorldPride Cape Town bidding team and the city of Cape Town for their role in the bidding process.

“This is a first for the whole continent of Africa,” said Cape Town Pride CEO Tommy Patterson. “A few weeks ago, in Medellín, Cape Town Pride, the city of Cape Town, and the bidding team presented our bid. The team did a wonderful job and we all forged great friendships and allies from Pride groups all over the globe.”

“Cape Town Pride is thrilled by the news and support shown by the global LGBTI+ family,” added Patterson.

Michael Gladwin of the WorldPride Cape Town bidding team echoed Patterson’s excitement.

“This will mark the first time WorldPride is held on the African continent, and we couldn’t be more excited to welcome the global LGBTQ+ community to our beautiful city,” said Gladwin. “A heartfelt thank you goes out to all our incredible partners who supported this journey. Together, we will showcase Cape Town as a beacon of inclusivity and diversity.”

Gladwin also congratulated Guadalajara Pride for their bid.

“Their commitment in promoting LGBTQ+ rights is inspiring, and we look forward to collaborating in the future,” said Gladwin.

Cape Town’s LGBTQ+ community is celebrating the successful bid, while others in the city have criticized it.

Rev. Oscar Bougardt, founder and lead pastor of the Calvary Hope Baptist Church, described WorldPride as “garbage” and “filth” that should be condemned.

“I am happy to say I am amongst the pastors in Cape Town who are in opposition and are outraged at this garbage planned for 2028,” said Bougardt. “The city of Cape Town and LGBTQ+ organizations planned this event without consulting rate payers, this bid was done in secret and taxpayers’ money will be used to fund this filth.”

“Just as the LGBTQ + organizations have the right to host WorldPride 2028, we have the right to say we don’t want it in Cape Town,” he added. “I pray more church leaders will stand up against the planned WorldPride 2028. To church leaders and parents, this is the time to unite and tell the city of Cape Town and LGBTQ+ organizations that we are disgusted at the planned event. Untied we stand and divided we will fall!”

Kaohsiung, Taiwan, in 2022 won the bid to host WorldPride 2025, but the local planning committee withdrew it amid a dispute with InterPride. WorldPride 2025 will take place in D.C. from May 17-June 8, 2025.

The 2024 ILGA World Conference took place last month in Cape Town.

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U.S. Supreme Court

Trans rights supporters, opponents rally outside Supreme Court as justices consider Tenn. law

Oral arguments in U.S. v. Skrmetti case took place Wednesday

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(Washington Blade photo by Michael Key)

At least 1,000 people rallied outside the U.S. Supreme Court on Wednesday as the justices considered whether a Tennessee law banning gender-affirming medical care for transgender youth is unconstitutional.

Dueling rallies began early in the morning, with protesters supporting trans rights and protesters supporting Tennessee’s ban on gender-affirming care each stationed with podiums on opposite sides.

Trans rights protesters, who significantly outnumbered the other group, held signs reading “Keep hate out of healthcare,” and “Respect family medical decisions.” On the other side, protesters carried signs with messages like “Sex change is fantasy,” and “Stop transing gay kids.”

Ari, a trans person who grew up in Nashville and now lives in D.C., spoke to the Washington Blade about the negative effects of the Tennessee law on the well-being of trans youth. 

“I grew up with kids who died because of a lack of trans healthcare, and I am scared of that getting worse,” they said. “All that this bill brings is more dead kids.”

The Tennessee law that is being challenged in U.S. v Skrmetti took effect in 2023 and bans medical providers from prescribing medical treatments such as puberty blockers and hormone therapies to trans youth. 

A number of Democratic lawmakers, including U.S. Rep. Mark Takano (D-Calif.), co-chair of the Congressional Equality Caucus, and U.S. Sens. Ed Markey (D-Mass.) and Jeff Merkley (D-Ore.) addressed the crowd in support of trans rights. 

In his speech, Merkley said Americans deserved freedom in accessing gender affirming care and criticized the law as political intervention in private medical decisions. 

“Americans should have the freedom to make medical decisions in the privacy of their doctor’s office without politicians trying to dictate to them,” he said. 

Robert Garofalo, a chief doctor in the division of Adolescent and Young Adult Medicine at a Chicago children’s hospital, emphasized the importance of trans youth having access to gender affirming care. 

“We [providers] are seeing patients and families every day, present with crippling fears, added stress and anxiety as they desperately try to locate care where it remains legal to do so,” Garofalo, who is also a professor of pediatrics at Northwestern University, told the crowd. “Transgender children and adolescents deserve health care that is grounded in compassion, science and principles of public health and human rights. They must not be denied life saving medical care — their lives depend on it.”

Major U.S. medical associations, including the American Medical Association and the American Academy of Pediatrics, support gender affirming care. 

Research has found gender affirming care improves the mental health and overall well-being of gender diverse children and adolescents. Those who are denied access to gender affirming care are at increased risk for significant mental health challenges.  

An unlikely coalition came out to support Tennessee’s ban on gender affirming care. Far-right figures, such as U.S. Rep. Marjorie Taylor Greene (R-Ga.) and Matt Walsh — both of whom have a history of making homophobic statements — were joined by groups such as the LGBT Courage Coalition and Gays Against Groomers. 

The groups questioned the quality of the research finding gender-affirming care to have a positive effect on the well-being of trans and gender nonconforming youth and argued that minors cannot consent to medical treatment. Ben Appel, a co-founder of the LGBT Courage Coalition, which he notes was “co-founded by gay, lesbian, bisexual, and trans adults who oppose pediatric gender medicine, which we know to be non-evidence-based and harmful to young gay people,” said gender nonconformity is often part of the lesbian, gay, and bisexual experience and should not be “medicalized.” 

“I care about the adult gay detransitioners who have been harmed … by these homophobic practice,” he said “They should have just been told they’re gay.” 

Claire, a Maryland resident who attended the rally in favor of the Tennessee law and claims to have detransitioned, described being prescribed testosterone and having a mastectomy at 14, medical treatments she says she was unable to consent to at that age. She doesn’t oppose gender affirming care for adults but is opposed to “medical experimentation on children.”

“I think that adults should be allowed to do whatever they want with their bodies. I think that it is if someone is happy with the decision that they made that’s great,” she said. “I was not able to make that decision. I was a child.” 

(Washington Blade photo by Michael Key)

But trans activists fear that a ruling in favor of Tennessee could pave the way for states to restrict access to gender-affirming care for adults.

“There’s also broader implications for civil rights and trans rights, more broadly, for adults in the future. There are some states that have tried to ban some healthcare for adults — they haven’t yet — but I think that’s something we might also see if the Supreme Court rules that way,” Ethan Rice, a senior attorney at Lambda Legal, one of the legal organizations representing the plaintiffs in U.S. v Skrmetti, said.

In the case, three Tennessee families and a physician are challenging the Tennessee law on the grounds that it violates the Equal Protection Clause in the 14th Amendment by drawing lines based on sex and discriminating against trans people. The statute bans medications for trans children while allowing the same medications to be used when treating minors suffering from other conditions, such as early-onset puberty. 

A 2020 Supreme Court decision determined sex-based discrimination includes discrimination based on gender identity or sexual orientation. The key question in U.S. v. Skrmetti is whether this interpretation applies under the Equal Protection Clause.

“We really hope that the Supreme Court recognizes their own precedent on sex discrimination cases and comes out the right way, saying this is sex discrimination by the state of Tennessee and thus is unconstitutional,” Rice said. 

Twenty-six states currently have laws or policies restricting minors’ access to gender-affirming care. If the court rules against Tennessee, similar bans in other states would also be unconstitutional, granting trans youth greater access to gender affirming care nationwide. 

Edith Guffey, the board chair at PFLAG, expressed doubt the court will strike down the law, citing its sharp ideological turn to the right in recent years. But she said she remains hopeful. 

“I hope that the court will … step outside agendas and look at the needs of people and who has the right to say what’s good for their children,” she said.

Chase Strangio, an ACLU attorney representing the families, on Wednesday became the first openly trans lawyer to argue before the Supreme Court. He addressed the trans rights protesters after the hearing. 

“Whatever happens, we are the defiance,” Strangio said. “We are collectively a refutation of everything they say about us. And our fight for justice did not begin today, it will not end in June — whatever the court decides.”

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Supreme Court hears oral arguments in pivotal gender affirming care case

U.S. v. Skrmetti could have far-reaching impacts

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court heard oral arguments in U.S. v. Skrmetti on Wednesday, the case brought by the Biden-Harris administration’s Department of Justice to challenge Tennessee’s ban on gender affirming care for minors.

At issue is whether the law, which proscribes medical, surgical, and pharmacological interventions for purposes of gender transition, abridges the right to due process and equal protection under the 14th Amendment to the U.S. Constitution, as well as Section 1557 of the Affordable Care Act, which prohibits sex-based discrimination.

The petitioners — U.S. Solicitor General Elizabeth Prelogar, who represents the federal government, and Chase Strangio, co-director of the ACLU’s LGBT & HIV Project — argue the Supreme Court should apply heightened scrutiny to laws whose application is based on transgender status rather than the rational basis test that was used by the U.S. Court of Appeals for the 6th Circuit, which is more deferential to decisions by legislators.

Legal experts agree the conservative justices are unlikely to be persuaded even though, as Tennessee Solicitor General J. Matthew Rice made clear on Wednesday, under the state’s statute “If a boy wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition. If a girl wants puberty blockers, the answer is yes, if you have precocious puberty; no, if you’re doing this to transition.”

Oral arguments delved into a range of related topics, beginning with conservative Justice Samuel Alito’s questions about debates within the global scientific and medical communities about the necessity of these interventions for youth experiencing gender dysphoria and the risks and benefits associated with each treatment.

“Isn’t the purpose of intermediate scrutiny to make sure that we guard against — I’m not intending to insult — but we all have instinctual reactions, whether it’s parents or doctors or legislatures, to things that are wrong or right,” said liberal Justice Sonia Sotomayor.

“For decades, women couldn’t hold licenses as butchers or as lawyers because legislatures thought that we weren’t strong enough to pursue those occupations,” she said. “And some, some people rightly believe that gender dysphoria may cause may be changed by some children, in some children, but the evidence is very clear that there are some children who actually need this treatment. Isn’t there?”

After Prelogar answered in the affirmative, Sotomayor continued, “Some children suffer incredibly with gender dysphoria, don’t they? Some attempt suicide. Drug addiction is very high among some of these children because of their distress. One of the petitioners in this case described going almost mute because of their inability to speak in a voice that they could live with.”

Conservative Justice Brett Kavanaugh focused his initial questions on whether the democratic process should adjudicate questions of science and policy, asserting that both sides have presented compelling arguments for their respective positions.

There are solutions that would allow policymakers to mitigate concerns with gender affirming medical interventions for minor youth without abridging the Equal Protection clause and Section 1557 of the ACA, Prelogar said.

For instance, “West Virginia was thinking about a total ban, like this one, on care for minors,” she said, “but then the Senate Majority Leader in West Virginia, who’s a doctor, looked at the underlying studies that demonstrate sharply reduced associations with suicidal ideation and suicide attempts, and the West Virginia Legislature changed course and imposed a set of guardrails that are far more precisely tailored to concerns surrounding the delivery of this care.”

She continued, “West Virginia requires that two different doctors diagnose the gender dysphoria and find that it’s severe and that the treatment is medically necessary to guard against the risk of self harm. The West Virginia law also requires mental health screening to try to rule out confounding diagnoses. It requires the parents to agree and the primary care physician to agree. And I think a law like that is going to fare much better under heightened scrutiny precisely because it would be tailored to the precise interests and not serve a more sweeping interest.”

Later, in an exchange with Rice, Sotoyamor said, “I thought that that’s why we had intermediate scrutiny when there are differences based on sex, to ensure that states were not acting on the basis of prejudice.”

She then asked whether a hypothetical law mirroring Tennessee’s that covered adults as well as minor youth would pass the rational basis test. Rice responded, “that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”

“Well, Your Honor, of course, our position is there is no sex based classification. But to finish the answer, that to the extent that along with dealing with adults, would pass rational basis review, that just means it’s left to the democratic process, and that democracy is the best check on potentially misguided laws.”

“When you’re one percent of the population or less,” said Sotomayor, “it’s very hard to see how the democratic process is going to protect you. Blacks were a much larger percentage of the population and it didn’t protect them. It didn’t protect women for whole centuries.”

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LGBTQ+ asylum seekers, migrants brace for second Trump administration

Incoming president has promised ‘mass deportations’

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A portion of the fence that marks the Mexico-U.S. border in Tijuana, Mexico, on Feb. 25, 2020. LGBTQ+ asylum seekers and migrants, and the groups that advocate on their behalf, are bracing for the second Trump administration. (Washington Blade photo by Michael K. Lavers)

Advocacy groups in the wake of President-elect Donald Trump’s election fear his administration’s proposed immigration policies will place LGBTQ+ migrants and asylum seekers at increased risk.

“What we are expecting again is that the new administration will continue weaponizing the immigration system to keep igniting resentment,” Abdiel Echevarría-Cabán, an immigration lawyer who is based in Texas’s Rio Grande Valley, told the Washington Blade.

Trump during the campaign pledged a “mass deportation” of undocumented immigrants.

The president-elect in 2019 implemented the Migrant Protection Protocols program — known as the “Remain in Mexico” policy — that forced asylum seekers to pursue their cases in Mexico.

Advocates sharply criticized MPP, in part, because it made LGBTQ+ asylum seekers who were forced to live in Tijuana, Ciudad Juárez, Matamoros, and other Mexican border cities even more vulnerable to violence and persecution based on their gender identity and sexual orientation.

The State Department currently advises American citizens not to travel to Tamaulipas state in which Matamoros is located because of “crime and kidnapping.” The State Department also urges American citizens to “reconsider travel” to Baja California and Chihuahua states in which Tijuana and Ciudad Juárez are located respectively because of “crime and kidnapping.”

The Biden-Harris administration ended MPP in 2021.

The Centers for Disease Control and Prevention in March 2020 implemented Title 42, which closed the Southern border to most asylum seekers and migrants because of the COVID-19 pandemic. The policy ended in May 2023.

Robert Contreras, president of Bienestar Human Services, a Los Angeles-based organization that works with Latino and LGBTQ+ communities, in a statement to the Blade noted Project 2025, which “outlines the incoming administration’s agenda, proposes extensive rollbacks of rights and protections for LGBTQ+ individuals.”

“This includes dismantling anti-discrimination protections, restricting access to gender-affirming healthcare, and increasing immigration enforcement,” said Contreras.

Trans woman in Tijuana nervously awaits response to asylum application

A Biden-Harris administration policy that took place in May 2023 says “noncitizens who cross the Southwest land border or adjacent coastal borders without authorization after traveling through another country, and without having (1) availed themselves of an existing lawful process, (2) presented at a port of entry at a pre-scheduled time using the CBP (U.S. Customs and Border Protection) One app, or (3) been denied asylum in a third country through which they traveled, are presumed ineligible for asylum unless they meet certain limited exceptions.” The exceptions under the regulation include:

  • They were provided authorization to travel to the United States pursuant to a DHS-approved parole process; 
  • They used the CBP One app to schedule a time and place to present at a port of entry, or they presented at a port of entry without using the CBP One app and established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other ongoing and serious obstacle; or 
  • They applied for and were denied asylum in a third country en route to the United States.  

Biden in June issued an executive order that prohibits migrants from asking for asylum in the U.S. if they “unlawfully” cross the Southern border.

The Organization for Refuge, Asylum and Migration works with LGBTQ+ migrants and asylum seekers in Tijuana, Mexicali and other Mexican border cities.

ORAM Executive Director Steve Roth is among those who criticized Biden’s executive order. Roth told the Blade the incoming administration’s proposed policies would “leave vulnerable transgender people, gay men, lesbians, and others fleeing life-threatening violence and persecution with little to no opportunity to seek asylum in the U.S. stripped of safe pathways.”

“Many will find themselves stranded in dangerous regions like the Mexico-U.S. border and transit countries around the world where their safety and well-being will be further jeopardized by violence, exploitation, and a lack of support,” he said. 

Jennicet Gutiérrez, co-executive director of Familia: TQLM, an organization that advocates on behalf of transgender and gender non-conforming immigrants, noted to the Blade a trans woman who has asked for asylum in the U.S. “has been patiently waiting in Tijuana” for more than six months “for her CBP One application response.”

“Now she feels uncertain if she will ever get the chance to cross to the United States,” said Gutiérrez.

She added Trump’s election “is going to be devastating for LGBTQ+ asylum seekers.”

“Transgender migrants are concerned about the future of their cases,” said Gutiérrez. “The upcoming administration is not going to prioritize or protect our communities. Instead, they will prioritize mass deportations and incarceration.”

Jennicet Gutiérrez (Photo courtesy of Familia: TQLM)

TransLatin@ Coalition President Bamby Salcedo echoed Gutiérrez.

“Trans people who are immigrants are getting the double whammy with the new administration,” Salcedo told the Blade. “As it is, trans people have been political targets throughout this election. Now, with the specific target against immigrants, trans immigrants will be greatly impacted.”

‘We’re ready to keep fighting’

Trans Queer Pueblo is a Phoenix-based organization that provides health care and other services to undocumented LGBTQ+ immigrants and migrants of color. The group, among other things, also advocates on behalf of those who are in U.S. Immigration and Customs Enforcement detention centers.

“We refuse to wait for politicians to change systems that were designed to hurt us,” Trans Queer Pueblo told the Blade in a statement. “The elections saw both political parties using our trans and migrant identities as political pawns.”

Trans Queer Pueblo acknowledged concerns over the incoming administration’s immigration policies. It added, however, Arizona’s Proposition 314 is “our biggest battle.”

Arizona voters last month approved Proposition 314, which is also known as the Secure the Border Act.

Trans Queer Pueblo notes it “makes it a crime for undocumented people to exist anywhere, with arrests possible anywhere, including schools and hospitals.” The group pointed out Proposition 314 also applies to asylum seekers.

“We are building a future where LGBTQ+ migrants of color can live free, healthy, and secure, deciding our own destiny without fear,” Trans Queer Pueblo told the Blade. “This new administration will not change our mission — we’re ready to keep fighting.”

Contreras stressed Bienestar “remains committed to advocate for the rights and safety of all migrants and asylum seekers.” Gutiérrez added it is “crucial for LGBTQ+ migrants to know that they are not alone.”

“We will continue to organize and mobilize,” she said. “We must resist unjust treatments and laws.”

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Activista trans denuncia al Estado salvadoreño ante la CIDH

Karla Guevara dice el país ha violado sus derechos

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Karla Guevara (Washington Blade photo by Ernesto Valle)

Karla Guevara, una reconocida activista por los derechos de las personas trans en El Salvador, comunicó su denuncia ante organismos nacionales e internacionales de derechos humanos. 

En su petición presentada a la Comisión Interamericana de Derechos Humanos, solicita que se declare la responsabilidad internacional del Estado salvadoreño por violaciones a la Convención Americana sobre Derechos Humanos y la Convención de Belém do Pará. La activista señala que estas vulneraciones han ocurrido en perjuicio de su persona, particularmente en el marco de su lucha por el reconocimiento de su identidad de género.

Desde 2019, Guevara ha enfrentado un complejo y prolongado proceso judicial para obtener el cambio de nombre y género en sus documentos oficiales, debido a la inexistencia de una ley de identidad de género en El Salvador. Actualmente, las personas trans solo pueden recurrir a los juzgados de familia para solicitar dicho reconocimiento, un camino que, como señala la activista, está plagado de obstáculos y re-victimización.

“Como la primera mujer trans en El Salvador en acceder a cambiar de nombre y género en mis documentos de identidad, he luchado desde mi activismo por una Ley de Identidad de Género”, expresó Guevara en una entrevista con Washington Blade.

El proceso iniciado en el Juzgado Primero de Familia de San Salvador en diciembre de 2019 fue inicialmente declarado improponible en enero de 2020. Sin embargo, tras apelar dos veces a la Cámara de Familia, Guevara obtuvo una sentencia favorable en agosto de 2022. La resolución ordenaba el cambio de nombre y género en sus documentos de identidad y la marginación de su partida de nacimiento, pero la Alcaldía Municipal de San Salvador interpuso un amparo que ha impedido la ejecución de esta decisión durante los últimos dos años, alargando a cinco años su búsqueda de reconocimiento oficial.

Tratos discriminatorios y violencia psicológica

Durante este extenso proceso, Guevara denunció ser víctima de tratos discriminatorios y revictimizantes que han afectado su salud mental y vulnerado su integridad personal. Entre estos tratos destacan la patologización y genitalización de su identidad, el escrutinio judicial e inspección física de su cuerpo y el escepticismo constante de las autoridades sobre su femineidad y motivaciones. 

“El Estado salvadoreño ha impedido y sigue impidiendo que mi persona cuente con documentos de identidad acordes con mi identidad de género, pese a que existe una sentencia firme que me reconoce este derecho”, declaró Guevara.

Estas experiencias, según la denuncia, constituyen violaciones a su integridad psíquica y violencia psicológica según la Convención de Belém do Pará. Además, Guevara argumenta que el Estado salvadoreño ha vulnerado derechos fundamentales reconocidos en la Convención Americana, como la integridad personal, la protección de la vida privada, la libertad personal, la igualdad ante la ley y las garantías judiciales, entre otros.

Acompañamiento de organizaciones sociales

La denuncia de Guevara cuenta con el respaldo de organizaciones como la Colectiva Feminista para el Desarrollo Local y Synergia, quienes han apoyado su caso ante la CIDH. Estas organizaciones destacan que la falta de una Ley de Identidad de Género en El Salvador perpetúa la discriminación estructural hacia las personas trans. Además, recalcan la importancia de visibilizar casos como el de Guevara para impulsar reformas legales que garanticen el reconocimiento y la protección de los derechos de la población LGBTQ.

“Consideramos que llevar el caso a esta instancia, es la forma más eficiente y efectiva para tener este reconocimiento de las violaciones que el Estado de El Salvador cometió hacia Karla”, expresó Mirta Moragas de Synergía – IHR – Initiatives for Human Rights.

Para Alejandra Burgos de Colectiva Feminista para el Desarrollo Local, es importante mostrar el apoyo a Guevara desde la Red Feminista. 

“También mostramos nuestro apoyo con todas las personas trans que no tienen acceso a ser reconocidas con su nombre en este país”, agregó. 

Ambas organizaciones reconocen la valentía de Guevara, como también la de muchas organizaciones en El Salvador, que han luchado contra la impunidad ante los crímenes de odio en el país. 

Impacto del discurso de odio en El Salvador

El contexto nacional en materia de derechos de la población LGBTQ es preocupante, con un aumento de discursos de odio promovidos por funcionarios públicos, incluyendo al presidente, así como diputados y otras figuras políticas. Este clima hostil, según varios activistas de El Salvador, ha generado retrocesos significativos en materia de derechos humanos. Aseguran que estos discursos no solo perpetúan la violencia y la discriminación, sino que también afectan la capacidad del Estado para cumplir con sus obligaciones internacionales.

El caso de Guevara se suma a una creciente lista de denuncias contra el Estado salvadoreño por violaciones a los derechos humanos de la población LGBTQ. Organismos internacionales, como la CIDH, están llamados a evaluar esta denuncia y emitir recomendaciones que impulsen cambios estructurales en el país.

Colectivo Alejandría y otras organizaciones han instado a la comunidad internacional a presionar al gobierno salvadoreño para que adopte medidas concretas que garanticen el reconocimiento de los derechos de las personas trans, porque las evidencias de un mal proceder son claras. 

“Este es un ejemplo claro de todos los desacatos del Estado salvadoreño, con órdenes judiciales estrictas y específicas”, expresa Aranza Santos de Colectivo Alejandría.

Un camino hacia la justicia

El proceso de Guevara es un recordatorio de la urgente necesidad de una legislación inclusiva en El Salvador. Su lucha es un símbolo de resistencia y esperanza para la población trans, que enfrenta diariamente barreras legales y sociales para vivir con dignidad. Con el apoyo de organizaciones diversas organizaciones que luchas por los derechos de la población LGBTQ, Guevara continúa su batalla no solo por su reconocimiento personal, sino por el derecho de toda una comunidad a ser vista, escuchada y respetada.

En un contexto marcado por retrocesos en derechos humanos, el caso de Guevara resalta la importancia de construir un país más inclusivo y justo, donde todas las personas puedan vivir libres de violencia y discriminación. 

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AIDS and HIV

New monument in West Hollywood will honor lives lost to AIDS

In 1985, WeHo sponsored one of the first awareness campaigns in the country, nationally and globally becoming a model city for the response to the epidemic

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Courtesy of the City of West Hollywood- STORIES: The AIDS Monument, more info at go.weho.org/aidsmonument.

December is AIDS/HIV awareness month and this year West Hollywood is honoring the lives lost, by breaking ground on a project in West Hollywood Park that has been in the works since 2012. 

Members of Hollywood’s City Council joined representatives from the Foundation of AIDS Monument to announce the commencement of the construction of STORIES: The AIDS Monument, which will memorialize 32 million lives lost. This monument, created by artist Daniel Tobin,  will represent the rich history of Los Angeles where many of those afflicted with HIV/AIDS lived out their final days in support of their community.

Tobin is a co-founder and creative director of Urban Art Projects, which creates public art programs that humanize cities by embedding creativity into local communities. 

The motto for the monument is posted on the website announcing the project. 

“The AIDS Monument:

REMEMBERS those we lost, those who survived, the protests and vigils, the caregivers.

CELEBRATES those who step up when others step away.

EDUCATES future generations through lessons learned.”

The monument will feature a plaza with a donor wall, vertical bronze ‘traces’ with narrative text, integrated lighting resembling a candlelight vigil, and a podium facing North San Vicente Blvd.

World AIDS Day, which just passed, is on December 1st since the World Health Organization declared it an international day for global health in 1988 to honor the lives lost to HIV/AIDS. 

The Foundation for the AIDS monument aims to chronicle the epidemic to be preserved for younger generations to learn the history and memorialize the voices that arose during this time. 

The HIV/AIDS epidemic particularly affected people in Hollywood during the onset of the epidemic in the 1980s. The epidemic caused a devastatingly high number of deaths in the city. The city then became one of the first government entities to provide social service grants to local AIDS and HIV organizations. 

In 1985, the city sponsored one of the first awareness campaigns in the country, nationally and globally becoming a model city for the response to the epidemic. 

Earlier this year, the U.S. Centers for Disease Control and Prevention released the theme for World AIDS Day, ‘Collective Action: Sustain and Accelerate HIV Progress.’

The city of West Hollywood continues to strive to become a HIV Zero city with its current implementation of HIV Zero Initiative. The initiative embraces a vision to “Get to Zero” on many fronts: zero new infections, zero progression of HIV to AIDS, zero discrimination and zero stigma.

Along with the initiative and the new AIDS monument, the city also provides ongoing support and programming through events for World AIDS Day and the annual AIDS Memorial Walk in partnership with the Alliance for Housing and Healing. 

For more information, please visit www.weho.org/services/human-services/hiv-aids-resources.

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World

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

Slovenia court rules same-sex couples have constitutional right to assisted reproduction

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(Los Angeles Blade graphic)

SLOVENIA

The Constitutional Court has issued a ruling that laws barring same-sex couples and single women from accessing assisted reproduction are unconstitutional discrimination

The court has left the laws in place while giving parliament one year to bring the laws governing assisted reproduction into compliance with the constitution. 

The Slovenian LGBTQ+ advocacy group LEGEBITRA celebrated the ruling in a post on its web site.

“The decision of the Constitutional Court is a victory for all those who wanted to start a family in Slovenia and were unfairly deprived of this opportunity in the past. Rainbow (and single-parent) families are part of our society, and their children are part of the community in the country in which they live and grow up. It is only fitting that their story begins here,” the post says.

The Treatment of Infertility and in Vitro Fertilization Procedures Act has had its restrictions on single women and same-sex couples from fertility treatment targeted by progressive legislators since it was introduced in 2000. 

Amendments that would have allowed single women to access in vitro fertilization were passed in 2001 but were immediately put to a citizen-initiated referendum, which voted them down. 

Since then, the former Yugoslav republic has undergone a number of progressive changes, including joining the European Union in 2004 and gradually expanding LGBTQ+ rights.

In 2020, a group of legislators from the Left party asked the Constitutional Court to review the law, and the following year, their request was joined by the state’s Advocate for the Principal of Equality. 

The court spent more than four years deliberating the appeal, during which time it also struck down laws banning same-sex marriage in 2022. Parliament later amended the law so that same-sex couples enjoy all rights of marriage, including adoption, but left the ban on assisted reproduction in place.

The Slovenia Times reports that the ruling was welcomed by the governing coalition, which includes the Left party. The government has pledged to move quickly to implement the ruling.

“This corrects one of the gravest injustices done to women by right-wing politics and the Catholic Church in Slovenia, who denied women the right to become mothers,” the Left said.

The case was brought by a group of left-leaning MPs four years ago — but perhaps the delay is related to the fact that in that time, the court also struck down the ban on same-sex marriage in 2022. 

RUSSIA

Russian authorities raided three nightclubs in Moscow over the weekend as part of the state’s deepening crackdown on LGBTQ+ people and expression, Radio Free Europe reports.

The raids took place late Saturday night and early Sunday morning at the Mono, Arma, and Simach nightclubs in the capital. All three clubs have been known to host themed events for LGBTQ+ clientele. 

According to Russian state-owned media outlet TASS and several Telegram channels, patrons, and employees of the clubs were forced to lie on the floor with their hands behind their heads before they were carted away in police wagons. Patrons and workers had their phones, laptops, and cameras seized and documents inspected

It’s not yet known what prompted the raids, although Russian authorities frequently claim to be inspecting for illegal substances and drug users.

Russian authorities have carried out several raids on LGBTQ+ establishments since the passage of a law banning positive portrayals or information about queer people in 2022. Last year, the Russian Supreme Court ruled that the “international LGBT movement” is an “extremist organization” and granted a request from the Ministry of Justice to ban it from the country. 

Russia’s crackdown on LGBTQ+ rights has inspired copycat legislation among its neighbors, notably in Georgia, Belarus, and Kyrgyzstan.

CANADA

A small town in Northern Ontario has been fined C$10,700 (approximately $10,000) for its refusal to issue a Pride Month declaration or raise the rainbow flag.

The town of Emo population 1,300, which sits on the border with Minnesota about 200 miles northwest of Duluth, had been requested to issue the Pride declaration by Borderlands Pride in 2020 and raise the flag for one week, but the town council refused in a 3-2 vote, prompting a years-long legal battle. 

Last week, that came to an end as the Ontario Human Rights Tribunal found the town and its mayor guilty of discrimination and ordered the town to pay Borderlands Pride C$10,000 in compensation, and the mayor to pay an additional C$5,000 ($3,559.92).

“We didn’t pursue this because of the money. We pursued this because we were treated in a discriminatory fashion by a municipal government, and municipalities have obligations under the Ontario Human Rights Code not to discriminate in the provision of a service,” Doug Judson, a lawyer and board member of Borderlands Pride, told CBC News.

The tribunal also ordered the mayor to take a Human Rights 101 training course offered by the Ontario Human Rights Commission within 30 days. 

Mayor Harold McQuaker has not commented publicly on the ruling.

CHINA

Calls for Hong Kong government’s to officially recognize same-sex unions have intensified after the city’s Court of Final Appeal issued rulings last week that affirmed lower court rulings that found same-sex couples have equal rights to inheritance and social housing as heterosexual couples.

The ruling was in line with a similar ruling issued last year by the city’s top court, in which the city was ordered to provide legal recognition for same-sex couples by September 2025. 

The new ruling with facilitate same-sex couples’ access to public housing, a vital need in one of the world’s most housing-crunched cities. The ruling also affirms that same-sex spouses can inherit public housing from a deceased spouse. 

In both cases, the ruling only applies to spouses who have legally married overseas, because Hong Kong does not yet have a way for same-sex couples to legally register their relationships.

The nearest places where same-sex Hong Kong citizens can marry are Australia and the U.S. territory of Guam, with Thailand becoming available in the new year. Although same-sex marriage is legal in nearby Taiwan, residency requirements may block access there.

Although legislators have been slow to act on demands for civil unions or same-sex marriage, Hong Kongese same-sex couples have gradually gained access to more rights through court actions. 

The Court of Final Appeal has previously ordered the government to have foreign marriages recognized for immigration purposes, to allow same-sex couples to file their taxes jointly, and to stepchild adoption. 

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Uganda

Ugandan court awards $40K to men tortured after arrest for alleged homosexuality

Torture took place in 2020 during COVID-19 lockdown

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(Image by rarrarorro/Bigstock)

A Ugandan court on Nov. 22 awarded more than $40,000 (Shs 150 million) to 20 men who police tortured after their 2020 arrest for alleged homosexuality.

The High Court of Uganda’s Civil Division ruling notes “police and other state authorities” arrested the men in Nkokonjeru, a town in central Uganda, on March 29, 2020, and “allegedly tortured.”

“They assert that on the morning of the said date their residence was invaded by a mob, among which were the respondents, that subjected them to all manner of torture because they were practicing homosexuality,” reads the ruling. “The alleged actions of torture include beating, hitting, burning using a hot piece of firewood, undressing, tying, biding, conducting an anal examination, and inflicting other forms of physical, mental, and psychological violence based on the suspicion that they are homosexuals, an allegation they deny.”

The arrests took place shortly after the Ugandan government imposed a lockdown in response to the COVID-19 pandemic.

“Based on the same suspicion (of homosexuality), the applicants were then arrested, taken to Nkokonjeru B police station, and charged with doing a negligent act likely to spread infection by disease,” reads the ruling.

The ruling notes the men “were charged” on March 31, 2020, and sent to prison, “where they were again allegedly beaten, examined, harassed, and subjected to discrimination.”

Consensual same-sex sexual relations remain criminalized in Uganda.

President Yoweri Museveni in 2023 signed the Anti-Homosexuality Act, which contains a death penalty provision for “aggravated homosexuality.” LGBTQ+ activists continue to challenge the law.

Sexual Minorities Uganda Executive Director Frank Mugisha on X described the Nov. 22 ruling as a “significant victory for the LGBTQ+ community.”

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World

Out in the World: LGBTQ+ news from Europe and South America

Spanish jury convicts four men accused of killing gay man in 2021

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(Los Angeles Blade graphic)

RUSSIA

Russian President Vladimir Putin signed into a law a bill banning adoption of Russian children into countries where gender transition is legal, citing the supposed danger that adopted children might be given gender care. The Russian parliament had passed the law earlier in the week. 

The adoption ban applies to at least 15 countries in Europe, Canada, Argentina, Australia, and New Zealand. American citizens have already been banned from adopting Russian children since 2012.

The new adoption ban is an escalation of a previous law passed in 2014 that banned adoption by same-sex couples or by single people in countries where same-sex marriage is legal. 

The speaker of Russia’s lower house of parliament, Vyacheslav Volodin, who also co-authored the bill, defended the bill’s aims in a Telegram post this summer.

“It is extremely important to eliminate possible dangers in the form of gender reassignment that adopted children may face in these countries,” Volodin wrote.

The bill is part of an escalating crackdown on LGBTQ people in Russia. 

In 2022, Russia extended a law banning distribution of “LGBTQ propaganda” to minors so that it now bans all information about LGBTQ+ people or issues to anyone. Last year, Russia banned all gender transition procedures and the supreme court declared the “international LGBTQ+ movement” to be an extremist organization.

The crackdown has led many LGBTQ+ organizations and businesses to close or go underground amid threats and raids by authorities.

PERU

The congressional justice committee voted 12-9 with four abstentions to advance a bill to legalize civil unions for both same-sex and opposite sex couples, which would for the first time give same-sex couples legal rights in the South American nation. The bill now heads to the full congress for approval.

Efforts to gain legal recognition for same-sex unions in Peru had been stalled for more than a decade, as lawmakers had generally been hostile to the idea. In that time, most Latin American countries have legalized same-sex marriage or civil unions, including all of Peru’s neighbors, Colombia, Ecuador, Brazil, Bolivia, and Chile. Peru is the largest country in Latin America that does not recognize same-sex unions.

The civil union bill may be an effort to forestall a rival bill seeking to legalize same-sex marriage proposed by lesbian lawmaker Susel Paredes. 

“My fight is for full equality of rights, for our partners, our children, and our families. I am convinced that it is necessary to achieve equal marriage, and it is for this institution that I will continue to fight,” Paredes wrote on her X account.

But other LGBTQ activists think the bill would still be a major advancement for queer Peruvians.

“Civil union is not ideal, but it is a step in the right direction to achieve equal rights for all Peruvians,” former congressman Carlos Bruce wrote on his X account. Bruce married his partner in Madrid in August, and currently serves as the mayor of the Surco neighborhood of Lima.

The bill gives couples in a civil union many of the rights afforded to married couples, including property rights, alimony, medical decisions, conjugal visits, inheritance rights, death benefits, tax rights, and pensions. However, it does not allow couples the right to adopt or to be recognized as parents of each other’s children. Couples in civil unions will not be recognized as families.

SPAIN

Four men were convicted over the weekend for a homophobic murder that sparked nationwide protests in 2021.

Samuel Luiz was a 24-year-old nursing assistant who was assaulted by a group of people outside a nightclub in A Coruña in Galicia on July 3, 2021. He later died in the hospital of his injuries.

After five days of deliberations, a jury found Diego Montaña, Alejandro Freire, and Kaio Amaral guilty of aggravated murder, and Alejandro Míguez of being an accomplice. The prosecution has asked for sentences of between 22 and 27 years.

The initial investigation had uncovered that up to 12 people were involved in the beating of Luiz. The attack took place over more than 15 minutes and covered more than an eighth of a mile as Luiz attempted to escape. Two Senegalese hawkers attempted to intervene to halt the attack and were attacked themselves. Witnesses said they heard the attackers accuse Luiz of being gay and used homophobic slurs during and after the attack. 

The barbaric murder sparked demonstrations across Spain and made headlines around the world.

In Spain, many pundits and activists drew a link between the murder and the anti-LGBTQ+ rhetoric of the far-right Vox Party, which is part of the government in several Spanish regions.

AZERBAIJAN

The U.N. COP29 Climate Change Conference ended without a planned update to the Gender and Climate Change Work Program after concerted opposition from the Vatican, Saudi Arabia, Russia, Iran, and Egypt, who feared that references to “gender” might be interpreted to include trans people and queer women.

The UN Climate Change Conference first adopted its Gender Work Program in Lima, Peru, in 2014, acknowledging that the impacts of climate change are borne disproportionately by women and girls, due to their frequently more precarious economic and social positions relative to men.

The Lima Program is due to expire this year, and in talks to renew it, a coalition of European, African, and Latin American countries had wanted COP29 to add a line recognizing that the impact of climate change on women can vary depending on their “gender, sex, age, and race.” 

But the group of countries opposed to the new language argue that it legitimizes transgender people and may be code for promoting sexual expression and homosexuality.

Without unanimous support for a new program, the Lima Program would expire with no replacement.

Ultimately, the gender opponents got their way, and the new language was stripped from the COP29 communique. The countries participating agreed to extend the Lima Program unamended for another decade, while also developing a new gender action plan for adoption at COP30, scheduled to be held next November in Belem, Brazil. 

UNITED KINGDOM

The U.S.-based training group SAGECare, which provides LGBTQ+ aging cultural competency training for health care workers, is teaming up with the UK’s LGBT Foundation to bring enhanced training for care facilities in the UK. 

In a press release announcing the partnership, LGBT Foundation CEO Paul Martin says SAGECare will help fill a gap in elder care for LGBTQ+ Britons while also enhancing care businesses’ ability to compete for LGBTQ+ market.

“LGBTQ+ health and wellbeing are at the heart of everything we do,” Martin says. “We look forward to using our combined expertise to build a more equitable society.”

SAGE has advocated for LGBTQ elders in the U.S. since 1978, and according to its website, it has trained more than 270,000 workers in LGBTQ+ cultural competency.

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Politics

Trump nominates gay man for Treasury secretary

Hedge fund executive would be the second openly gay cabinet secretary

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Scott Bessent (Screen capture: YouTube)

President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.

Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.

“Trump’s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trump’s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.

“Scott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trump’s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”

Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”

Equality Forum Executive Director Malcolm Lazin added, “If confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”

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