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American diplomat participates in UN IDAHOBiT event

Courtney Nemroff: Coronavirus disproportionately impacts LGBTQ people

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Acting U.S. Representative to the U.N. Economic and Social Council Courtney Nemroff. (Photo via Twitter)

 

A U.S. diplomat on Monday acknowledged the coronavirus pandemic continues to have a disproportionate impact on LGBTQ people around the world.

“The COVID pandemic really highlights the challenges for the LGBTQ community,” said Acting U.S. Representative to the U.N. Economic and Social Council (ECOSOC) Courtney Nemroff during a virtual event organized by the U.N. LGBTI Core Group that commemorated the International Day Against Homophobia, Transphobia and Biphobia. “We are particularly concerned about the fear, the real fear of discrimination against members of the community when they try to seek basic health care services.”

Nemroff added the issue is “something of concern to the U.S. as well.”

OutRight Action International Executive Director Jessica Stern moderated the IDAHOBiT event in which Victor Madrigal-Borloz, the U.N.’s LGBTQ rights watchdog, and diplomats from Nepal and other countries around the world participated. Billie Bryan, president of Colours Cayman, an advocacy group in the Cayman Islands, and Khawla Bouaziz, secretary general of Mawjoudin, a Tunisian LGBTQ rights organization, also spoke.

 

The IDAHOBiT event took place hours after a Ugandan court ordered the release of 19 LGBTQ people who were arrested at a shelter in the country’s capital of Kampala on March 29 and charged with violating coronavirus-related social distancing rules.

Uganda is among the dozens of countries in which consensual same-sex sexual relations remain criminalized. Nemroff made a broad reference to a campaign led by acting national intelligence director Richard Grenell, who is also the U.S. ambassador to Germany, that encourages nations to legalize homosexuality.

“The United States has put a special accent this year on … amplifying our efforts on decriminalization and on equality,” said Nemroff.

IDAHOBiT, which was previously known as the International Day Against Homophobia, commemorates the World Health Organization’s decision to declassify homosexuality as a mental disorder. Neither the White House, nor the State Department publicly acknowledged IDAHOBiT, but the U.S. Mission to the U.N. and many American embassies around the world did.

“In recognition of the International Day Against Homophobia, Transphobia, and Biphobia, the United States Mission to the United Nations reaffirms its commitment to the principle that ‘the inherent dignity and … the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,'” reads a statement the U.S. Mission to the U.N. issued on Sunday. “Under the Universal Declaration of Human Rights, it is the duty of every nation to protect and defend the human rights and fundamental freedoms of all people.”

The U.S. Embassy in Spain on Sunday in a tweet said, “today and every day we affirm that human rights and fundamental freedoms are universal and that each person has the right to life, liberty and the pursuit of happiness.”

The U.S. Embassy in Kazakhstan in a statement it posted to its Twitter account said it “stands in solidarity with LGBTI Kazakhstanis and displays the rainbow flag today in recognition of this important day.”

The U.S. Embassy in Germany in a tweet noted consensual same-sex sexual relations remain criminalized in more than a third of the world’s countries.

This year’s IDAHOBiT commemorations took place against the backdrop of the pandemic that has killed more than 300,000 people around the world. They also coincide with continued criticism of the Trump administration’s domestic LGBTQ rights record and its overall foreign policy.

The U.S. is among the countries that are members of the U.N. LGBTI Core Group, which promotes LGBTQ rights at the U.N. The U.S. nevertheless did not sign the IDAHOBiT statement the group issued on Sunday.

“The Universal Declaration of Human Rights is clear: Human rights are universal and should apply equally to all people everywhere,” reads the statement. “Today and every day the UN LGBTI Core Group works to address the silence around the ongoing discrimination against LGBTI people globally.”

The statement further states the “ongoing public health crisis caused by the COVID-19 pandemic has presented unprecedented challenges that affect the global community as a whole but additionally have a particular and unique effect on those who face multiple and intersecting forms of discrimination, including LGBTI persons.”

“The COVID-19 pandemic has led to a human security crisis that is widespread in scope and impact, with survival, health, safety, economic security and human rights being endangered as a result. In order to truly address the impacts and consequences of the pandemic, the needs of those most vulnerable and most affected must be addressed,” it reads.

A State Department official on Tuesday told the Los Angeles Blade in response to its question about why the U.S. did not sign the U.N. LGBTI Core Group statement that American policy “on LGBTI human rights is focused on mitigating violence and the decriminalization of LGBTI conduct.” 

“The statements issued by the Core Group and the Equal (Rights) Coalition included broad language that went beyond the scope of the department’s policy mandate,” said the official. “The statements also go beyond settled U.S. law.”

The official did not further elaborate on how the statements “went beyond the scope of the department’s policy mandate” and “go beyond settled U.S. law.” The official did stress the U.S.’ “longstanding commitment to protecting the human rights and fundamental freedoms of all people, including LGBTI persons, is well-known” and “so too is its interest in ensuring that any statements it joins are consistent with U.S. law and policy.”

“In this case, a virtual abbreviated negotiation process for a lengthy statement made it preferable to release our own statement, which went up on the USUN Mission’s website and social media yesterday,” added the official.

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Anti-LGBTQ Colorado baker loses Trans birthday cake court case

Phillips violated Colorado’s ant-discrimination law citing the fact that at issue was a ‘product’ not freedom of speech or expression

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Screenshot via CBSN Denver

DENVER – A Colorado State District Court Judge ruled against the baker who had previously refused to bake a cake for a same-sex wedding and won at the U.S. Supreme Court a partial narrow victory in that case in 2018.

CBSN Denver reported that Denver District Judge A. Bruce Jones order that Jack Phillips violated Colorado’s anti discrimination law Tuesday citing the fact that at issue was a ‘product’ not freedom of speech or expression.

In court documents, Jones said that Phillips refusal to make the plantiff, Autumn Scardina a cake made with blue icing on the outside and pink on the inside to celebrate her gender transition on her birthday because of her transgender status but without a written message, was in violation of the law. Phillips was ordered to pay a $500 fine.

Jones noted in his ruling that Phillips testified during a trial in March that ‘he did not think someone could change their gender’ and he would not celebrate “somebody who thinks that they can.”

“The anti-discrimination laws are intended to ensure that members of our society who have historically been treated unfairly, who have been deprived of even the every-day right to access businesses to buy products, are no longer treated as ‘others,‘” the judge wrote.

The Scottsdale, Arizona based Alliance Defending Freedom, an anti-LGBTQ legal group that has been place on the Southern Poverty Law Center’s Hate Watch List for spreading propaganda and lies about LGBTQ people, told CBSN that the group would appeal Jones’ ruling.

“Radical activists and government officials are targeting artists like Jack because they won’t promote messages on marriage and sexuality that violate their core convictions,” ADF’s general counsel, Kristen Waggoner, said in a media statement.

The maximum fine for each violation of Colorado’s Anti-Discrimination Act is $500. But it was not clear from the ruling if the fine was for the two attempts that Scardina made to order the cake or just one.

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Supreme Court rules for religious agency rejecting LGBTQ families

A key portion of the Roberts decision that could limit its reach is language specific to Philadelphia’s contract with the city

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Blade file photo by Michael Key

WASHINGTON – In a ruling released Thursday, the U.S. Supreme Court ruled decided in favor of a religious-affiliated foster care agency seeking to refuse child placement into LGBTQ homes, determining the City of Philadelphia’s enforcement of a contract with non-discrimination provisions violates freedom of religion under the First Amendment.

In a surprise twist, the ruling was unanimous with nine justices on the court agreeing to the result in favor of Catholic Social Services, with Chief Justice John Roberts writing the opinion. As noted by SCOTUSblog, the court seemed much more divided in oral arguments, although inclined to rule for the foster care agency.

“The refusal of Philadelphia to contract with CSS for the provision of foster care services unless the agency agrees to certify same-sex couples as foster parents cannot survive strict scrutiny and violates the Free Exercise Clause of the First Amendment,” Roberts writes.

Although Catholic Social Services had also contended a freedom of speech right under the First Amendment to reject same-sex couples, Roberts adds the court didn’t reach a conclusion on that part of the argument.

Marianne Duddy-Burke, executive director of the Catholic LGBTQ group DignityUSA, condemned the decision in a statement immediately after it was handed down.

“Today, the well-being of our country’s most vulnerable children has been sacrificed to preserve tax-payer funded discrimination for a powerful group of religious institutions,” Duddy-Burke said. “The Supreme Court just decreased the number of homes available to our youth in foster care, making what was already a crisis worse. Same-sex couples are seven times more likely than straight couples to adopt or be foster parents and are more likely to have trans-racial families. This ruling means tens of thousands of children may never have a family to love and support them.”

The Supreme Court reversed and remanded decision of the U.S. Third Circuit of Court of Appeals, which had ruled in favor of City of Philadelphia enforcing its contract with Catholic Social Services. Both the appeals courts and the lower trial court had come to the opposite conclusion of the U.S. Supreme Court.

A key portion of the Roberts decision that could limit its reach is language specific to Philadelphia’s contract with the city allowing for discretion on enforcement, which he says means the measure isn’t generally applicable measure.

“Section 3.21 of the contract requires an agency to provide services defined in the contract to prospective foster parents without regard to their sexual orientation,” Roberts writes. “But section 3.21 also permits exceptions to this requirement at the ‘sole discretion’ of the Commissioner. This inclusion of a mechanism for entirely discretionary exceptions renders the non-discrimination provision not generally applicable.”

David Flugman, a lawyer at the New York-based Selendy & Gay PLLC whose practice includes LGBTQ rights, said in a statement the technical nature of the Fulton is “sure to invite even more litigation.

“Today the Supreme Court held, on narrow, technical grounds, that the City of Philadelphia’s attempt to ensure that Catholic Charities abide by the same non-discrimination provisions applicable to all other city contractors could not withstand Catholic Charities’ religious right to refuse to screen loving same-sex couples to act as foster parents,” Flugman writes. “The Court did not take up Catholic Charities’ invitation to scuttle the 30 year-old test for free exercise claims that was announced in Smith v. Employment Division, which held that a neutral law of general applicability could survive even if it burdens religious practice.”

Notably, although the City of Philadelphia in addition to the contract it struck with Catholic Social Services has in a place LGBTQ non-discrimination ordinance, the Supreme Court determines that measure doesn’t apply in the context of foster care services because it’s limited to the services “made available to the public.”

“Certification is not ‘made available to the public’ in the usual sense of the words,” Roberts writes. “Certification as a foster parent is not readily accessible to the public; the process involves a customized and selective assessment that bears little resemblance to staying in a hotel, eating at a restaurant, or riding a bus.”

Fatima Goss Graves, CEO of the National Women’s Law Center, said in a statement the decision from the Supreme Court is a harmful loss to the children in the foster care system in Philadelphia as well as the countless LGBTQ parents.”

“Weakening the government’s ability to protect their civil rights is hardly in their best interest, and we’re committed to ensuring this loophole is not stretched to further justify hatred or prejudice,” Graves added. “We must protect the right of every person to live without fear of discrimination because of who they are or who they love, and we must hold that value particularly close when it comes to the best interest of LGBTQ youth and the families who love them.” 

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U.S. Senate to consider apology for past anti-LGBTQ discrimination

Report shows 70-year history of gov’t persecution, purges of ‘sex deviates’

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Pioneering activist Frank Kameny, who was fired from his government job for being gay, received an apology from the government decades later, but that apology did not extend to the thousands of other LGBT Americans persecuted by their government. (Blade file photo by Michael Key)

WASHINGTON – U.S. Sens. Tammy Baldwin (D-Wisc.) and Tim Kaine (D-Va.) are preparing to introduce a first-ever resolution calling on the Senate to acknowledge and apologize for the federal government’s discrimination against LGBTQ federal workers and members of the military over a period of at least 70 years.

The two senators have agreed to introduce the proposed resolution at the request of the Mattachine Society of Washington, D.C., an LGBTQ group that specializes in archival research into the federal government’s decades-long policy of banning LGBTQ people from working in federal jobs and serving in the U.S. military and purging them when found to be in those positions.

The Mattachine Society, in partnership with the international law firm McDermott Will & Emery, prepared a 28-page white paper reporting in extensive detail the U.S. government’s history of what it calls discrimination and persecution of LGBTQ federal workers and LGBTQ military service members.
The white paper is entitled, “America’s Promise of Reconciliation and Redemption: The Need for an Official Acknowledgement and Apology for the Historic Government Assault on LGBT Federal Employees and Military Personnel.”

In a statement, the Mattachine Society says the paper is the product of a two-year research project involving a team of five attorneys with the McDermott Will & Emery firm and Mattachine Society.

“Over many decades, the United States government, led by teams within the Federal Bureau of Investigation (FBI), the Office of Personnel Management (OPM), and nearly every agency and branch of government, began the process of investigating, harassing, interrogating, court-martialing, terminating, hospitalizing, and, in some cases, criminally prosecuting LGBT Americans for no other reason than their sexual orientation or gender expression,” the paper says.

“This wholesale purging left tens of thousands in financial ruin, without jobs, with personal lives destroyed, and, in many cases, completely estranged from their own families,” the paper states.

“A straightforward acknowledgement of the mistreatment of these military and civilian employees and an official apology is overdue,” the paper continues. “Both the Congress and the Executive Branch were complicit in this pervasive mistreatment of LGBT citizens.”

The paper points out that over the past 30 years Congress has officially acknowledged and apologized on six different occasions for U.S. mistreatment of other marginalized groups.

Among the subject areas of those apologies were the enslavement of African Americans, the failure to enforce anti-lynching laws to protect African Americans, the internment of Japanese Americans during World War II, the mistreatment of Native Hawaiians, the mistreatment of Native Americans, and government polices of exclusion of Chinese immigrants.

The paper says the time has come for the federal government to issue its own “acknowledgement and apology” to the LGBT community by following the precedent established by Congress with respect to apologies to the other marginalized groups.

Jeff Trammell, a Mattachine Society board member who led the project to prepare the white paper, said Baldwin and Kaine were in the process of lining up other senators to sign on as co-sponsors of the resolution.

Baldwin is the Senate’s only out lesbian member. Kaine is a longtime supporter of LGBTQ rights.
Trammell said Mattachine of Washington considers the Senate resolution the first step in an ongoing effort to obtain a similar resolution in the U.S. House of Representatives and a possible similar statement of acknowledgement and apology from the executive branch, including the Biden administration.

He said he and the resolution’s supporters were hopeful that most senators, including Republicans, would view it as non-controversial and as a nonpartisan measure because it seeks only the acknowledgement of historical facts. Trammell noted that unlike other resolutions of apology pertaining to other minorities approved by Congress in the past, the LGBT apology resolution does not call for any financial reparations.

The eight-page proposed resolution addresses that question by stating, “Nothing in this resolution…authorizes or supports any claim against the United States or serves as a settlement of any claim against the United States.”

Trammell noted that under the Obama administration, John Berry, the director of the U.S. Office of Personnel Management, issued an official government apology for the firing of D.C. gay rights pioneer Frank Kameny from his government job in the late 1950s. But Trammell said the apology to Kameny, which was considered important and groundbreaking, did not extend to the thousands of other LGBTQ employees fired or harassed in the years before and after Kameny’s firing.

The white paper also points out that at least seven U.S. allied nations have issued apologies for past mistreatment of their own LGBTQ citizens. Among them are Spain, Canada, United Kingdom, Australia, Germany, Brazil, and The Netherlands.

“We believe the time has come to understand and acknowledge the historical animus that LGBT federal employees and military personnel faced for generations from their own government to ensure it can never happen again,” Trammell said.

The white paper can be accessed here.

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