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Harms of waiving anti-discrimination rules for religious universities

“Once the money stops flowing, they will almost all instantly change their policies and start protecting queer students”

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The Lyndon Baines Johnson Federal Building, Washington D.C., headquarters of the U.S. Department of Education (Photo Credit: GSA/U.S. Dept. of Education)

WASHINGTON – Democratic lawmakers re-introduced the Tyler Clementi Higher Education Anti-Harassment Act on Friday, which marked the 13th anniversary of the 18-year-old New Jersey college student’s death by suicide after he was targeted with homophobic harassment by his peers.

The bill, which establishes cyberbullying as a form of harassment, directing colleges and universities to share anti-harassment policies to current and prospective students and employees, was introduced by U.S. Senators Tammy Baldwin (Wis.) and Patty Murray (Wash.), along with U.S. Rep. Mark Pocan (Wis.), Chair of the Congressional Equality Caucus.

Advocacy groups including the Tyler Clementi Foundation, the American Foundation for Suicide Prevention, and The Trevor Project have endorsed the legislation, which comes as issues concerning anti-LGBTQ+ harassment in institutions of higher education have earned renewed scrutiny on Capitol Hill and beyond.

Earlier this month, the Washington Blade connected with an expert to discuss these and other subjects: Paul Southwick, a Portland, Oregon-based litigation attorney who leads a legal advocacy group focused on religious institutions of higher education and their treatment of LGBTQ+ and other marginalized communities.

On Tuesday, he shared a statement responding to Friday’s reintroduction of the Tyler Clementi bill, stressing the need for equal enforcement of its provisions in light of efforts by conservative Christian schools to avoid oversight and legal liability for certain federal civil rights regulations:

“We are still evaluating the bill regarding how the bill would interact with the religious exemption in Title IX,” Southwick said. “We fully support the expansion of anti-harassment protections for students and corresponding requirements for educational institutions.”

He added, “We also believe that such protections and requirements should extend to students at taxpayer funded, religiously affiliated educational institutions, regardless of whether those institutions claim, or receive, an assurance of religious exemption from Title IX regulations” through the U.S. Department of Education’s Office of Civil Rights.

Baylor University’s unprecedented Title IX exemption

In response to a request from Baylor University, a conservative Baptist college located in Waco, Texas, the Education Department in July granted a first of its kind religious-based exemption from federal regulations governing harassment, a form of sex-based discrimination proscribed under Title IX.

Southwick explained that during the Obama administration, the federal government began to understand and recognize discrimination based on sexual orientation and gender identity as forms of sex-based discrimination covered by the statute. The Biden-Harris administration issued a directive for the Education Department to formalize the LGBTQ+ inclusive definitions under Title IX, with a Notice of Proposed Rulemaking that is now underway at the agency.

Beginning with the Department’s 2010 “dear colleague” letter clarifying the administration’s view that discrimination against LGBTQ+ people constitutes sex-based discrimination under the law, Southwick said the pushback from religious schools was immediate. In the years since, many have successfully petitioned the Education Department for “exemptions so they can discriminate against queer, trans and non-binary people,” but these carveouts were limited “to things like admissions, housing, athletics.”

No one had argued that “federally funded educational institutions [should] have no regulation by the federal government as to whether they’re protecting their students from harassment,” he remarked – at least not until the Baylor case.

Addressing the unprecedented move in a letter to the Department on September 5, U.S. Reps. Mark Takano (D-Calif.), Adam Schiff (D-Calif.), Greg Casar (D-Texas), Joaquin Castro (D-Texas), and Veronica Escobar (D-Texas) urged the agency to “clarify the narrow scope of this exemption and assure students at religious institutions that they continue to have protections against sex-based harassment.”

Southwick told the Blade other members of Congress have expressed an interest in the matter, as have some progressive nonprofit groups.

Asked for comment, a spokesperson for the Department confirmed receipt of the lawmakers’ letter and said the agency will respond to the members.

The Department’s issuance of the exemption to Baylor came despite an open investigation into the university by its Office of Civil Rights over a Title IX complaint brought in 2021 by Southwick’s organization, the Religious Exemption Accountability Project (REAP), on behalf of a queer student who claimed she was subjected to homophobic abuse from other students while university officials to whom she reported the harassment failed to intervene.

It is not yet clear whether the agency will close its investigation as a result of its decision to exempt Baylor from Title IX’s harassment rules.

Veronica Bonifacio Penales, the student behind the complaint against Baylor, is also a plaintiff in REAP’s separate class action lawsuit challenging the Education Department’s practice of waving Title IX rules for faith-based colleges and universities – which, the plaintiffs argue, facilitates anti-LGBTQ+ discrimination in violation of the 14th Amendment’s equal protection clause.

The case, Hunter v. U.S. Department of Education, is on appeal before the U.S. Court of Appeals for the 9th Circuit.

Other religious schools are likely to follow Baylor’s lead

Southwick said the agency’s decision in the Baylor case “puts students at risk of harassment without a civil remedy against their school’s failures to properly address harassment,” adding, “Taxpayer funded educational institutions, whether religious or secular, should never be permitted to escape oversight from OCR in how they handle anti-harassment claims from LGBTQIA+ or other students protected by federal non-discrimination law.”

Buoyed by Baylor’s successful effort, requesting exemptions to Title IX rules for purposes of allowing the harassment of LGBTQ+ students, faculty, and staff is likely to become routine practice for many of America’s conservative institutions of higher education, Southwick said.

The nonprofit group Campus Pride maintains a list of America’s “absolute worst, most unsafe campuses for LGBTQ+ youth,” schools that “received and/or applied for a Title IX exemption to discriminate against LGBTQ+ youth, and/or demonstrated past history and track record of anti-LGBTQ+ actions, programs and practices.”

193 colleges and universities have met the criteria.

Many of the thousands of LGBTQ+ students enrolled in these institutions often have insufficient support, Southwick said, in part because “a lot of the larger civil rights organizations and queer rights organizations are very occupied, and rightly so, with pushing back against anti-trans legislation in the public sphere.”

Regardless, even in America’s most conservative schools like Bob Jones University in Greenville, South Carolina, Liberty University in Lynchburg, Virginia, and Hillsdale College in Hillsdale, Michigan, Southwick noted that pro-equality students, faculty, and staff have pushed for change.

He added that while there are, no doubt, young people who harbor anti-LGBTQ+ views, “they often become much more progressive the longer they’re in school, because there’s just queer people coming out everywhere, you know, and it’s hard to hate people who are your friends.”

The powerful influence and role of financial incentives  

Southwick said meaningful reform at the institutional level is made more difficult by the reality that “financial incentives from the government and from the market are aligned to favor the continuation of discrimination.”

“Once the money stops flowing, they will almost all instantly change their policies and start protecting queer students,” he said, but added that colleges and universities have little reason to change without the risk that discriminatory policies and practices will incur meaningful consequences, like the loss of government funding and accreditation.

Another challenge, Southwick said, is the tendency of institutions of higher education to often prioritize the wishes and interests of moneyed alumni networks, boards of trustees, and donors, groups that generally skew older and tend to be more conservative.

Southwick said when he and his colleagues at REAP discuss proposed pro-LGBTQ+ reforms with contacts at conservative religious universities, they are warned “over and over again,” that “donors will be angry.”

Following the establishment of nationwide prohibitions against segregation and other forms of racial discrimination with passage of the federal 1964 Civil Rights Act and the U.S. Supreme Court’s decisions in Brown v. Board of Education (1954), which applied to public schools, and Runyon v. McCrary (1976), which covered private schools, Southwick noted that “A lot of Christian schools and college colleges continued to deny admission to black students.”

One by one, however, the so-called “segregation academies” would permanently close their doors or agree to racial integration, Southwick said – buckling under pressure from the U.S. government’s categorical denial of federal funding to these institutions, coupled with other factors like the decision of many professional associations to deny membership to their professors and academics.

Another important distinction, Southwick added: unlike Title IX, the Civil Rights Act of 1964 “does not have a religious exemption.”

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Federal Government

Lambda Legal praises Biden admin’s finalized Title IX regulations

The new policy also reverses some Trump-era Title IX rules governing how schools must respond to sexual harassment & sexual assault

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U.S. Secretary of Education Miguel Cardona (Photo Credit: Office of the U.S. Secretary of Education)

WASHINGTON – The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

Rep. Mark Takano (D-Calif.), a Congressional leader on LGBTQ and education issues, also hailed the finalized rule on Title IX from the Biden Administration:  

The Education Department and Biden Administration showed real courage today, delivering on a long-held promise to ensure that the federal government does more to protect all Americans—especially LGBTQ Americans—from discrimination.  

This groundbreaking rule is a major victory, but we still have much to do. We need to enshrine and expand its protections by passing the Equality Act because for too many Americans, their rights and protections depend on the zip code they live in.   

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Guatemalan LGBTQ+ activist granted asylum in US

Estuardo Cifuentes fled country in 2019

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Estuardo Cifuentes outside a port of entry in Brownsville, Texas, on March 3, 2021, shortly after he entered the U.S. (Photo courtesy of Estuardo Cifuentes)

WASHINGTON — The U.S. has granted asylum to a Guatemalan LGBTQ+ activist who fled his country in 2019.

Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City. 

He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.

Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.

Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.

The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.

Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ+ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.

The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.

“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”

Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.

Cifuentes is now the client services manager for Lawyers for Good Government’s Project Corazón, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ+ asylum seekers and migrants.

“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”

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FDA planning to lift ban on gay & bi sperm donors

When the FDA releases its draft policy around sperm donation, there will be a public comment period before the regulation is made final

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Los Angeles Blade graphic

By Rob Salerno | WASHINGTON – The Food and Drug Administration is planning to lift its ban on sperm donations from men who have sex with men, according to a report in the Wall Street Journal. The report also says the FDA would simultaneously lift the ban on donations of other tissues and organs from gay and bi men.

The Journal report suggests that the FDA could put out a draft of the new policy for public comment by the summer, with a final rule in place by the end of 2024 or early 2025.

Reached for comment, a spokesperson for the FDA would not confirm the Wall Street Journal story, but acknowledged that, “the FDA routinely reviews approaches regarding donor screening and testing for donors of human cells, tissues, and cellular and tissue-based products (HCT/Ps) to determine what changes, if any, are appropriate based on technological and evolving scientific knowledge.” 

Men who have sex with men have been barred from donating sperm since 2005

The FDA imposed the sperm donation ban on men who have sex with men in 2005, as part of an expansion on existing prohibitions on blood donations from gay and bisexual men which were meant to mitigate the risk that HIV could be spread through donations.

The policies stemmed from an erroneous belief that gay men were more likely to carry HIV, regardless of their individual behaviors and risk factors.

Last year, the FDA finally ended the ban on blood donations from men who have sex with men, which had been in place since the early days of the AIDS crisis. The FDA now requires that blood donors are screened based on individual behaviors in a gender-neutral manner, in addition to the donations themselves being tested for HIV and other blood-borne illnesses.

Alice Ruby, executive director of the Sperm Bank of California in Berkeley, says the lifting of the blood ban should provide a template for ending the sperm ban.

“I’m hoping it’s similar to the blood donation screening, where it’s based on behaviour, rather than being part of a population,” she says. “We test donors repeatedly for HIV as required by the FDA.”

The Sperm Bank of California has served many lesbian, bi, and trans people, and Ruby says that she’s often told her clients would like a queer donor, to ensure that the biological father won’t be someone who disapproves of queer families. The ban removes that choice from would-be mothers.

The Sperm Bank of California has been opposed to the gay sperm donation ban since the policy was first proposed twenty years ago and has advocated in tandem with the National Center for Lesbian Rights for the policy to be scrapped.

“People are pretty unaware that the ban exists. I think there’s a lot of gay men who would be happy to contribute in this way, especially since a large number of people using sperm donation are LGBT couples and single people,” Ruby says.

Sperm banks across the country have been experiencing shortages of donor sperm, especially from donors of color. Opening the donor pool to gay and bi men could help ease the shortage. Ruby has told the Blade that the Sperm Bank of California has had to turn away gay and bi donors every week, up to 400 men in a single year.

When the FDA releases its draft policy around sperm donation, there will be a public comment period before the regulation is made final. Ruby says anyone interested opening up sperm donation to gay and bisexual men should submit a comment to support the change.

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Rob Salerno is a writer and journalist based in Los Angeles, California, and Toronto, Canada.

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Adm. Levine celebrates trans joy on Transgender Day of Visibility

“Transgender medicine is absolutely necessary for transgender and gender diverse people including trans youth”

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Dr. Rachel Levine (Washington Blade photo by Michael Key)

WASHINGTON — The day after Sunday’s Transgender Day of Visibility observance, the Washington Blade connected with Adm. Rachel Levine, a pediatrician serving as assistant secretary of health at the U.S. Department of Health and Human Services.

“Trans joy means authenticity and being comfortable in your own skin and being able to be who you are,” said Levine, who is the highest-ranking transgender official in U.S. history.

“With my transition, I was able to be my authentic self,” she remembers. “At that time, I was still a professor at the Penn State College of Medicine, and an attending physician at the Penn State Hershey Medical Center in pediatrics and adolescent medicine, but then I had this unique opportunity to become the physician general of Pennsylvania for then-Gov. Tom Wolf, and then two and a half years later to become the Secretary of Health.”

“So it has been a tremendous journey, which has been very rewarding,” Levine said, adding that it has been “an honor” to work for the Biden-Harris administration under HHS Secretary Xavier Becerra — all allies of trans, nonbinary, and gender expansive folks and of the LGBTQ community more broadly.

Levine recounted how Transportation Secretary Pete Buttigieg, himself the first openly gay Senate-confirmed Cabinet secretary, had singled her out as one of the administration’s other high-ranking LGBTQ appointees during a 2021 Pride celebration at the White House.

At that moment, President Joe Biden “looked me in the eye and, you know, kind of gestured for me to stand up for the applause,” she remembered, and “I thought that that was just truly meaningful and shows his compassion and his attention to the people working for him and his administration.”

At the same time, Levine’s tenure has, unfortunately, come with bigoted attacks from the likes of U.S. Rep. Marjorie Taylor Greene (R-Ga.), but she said part of trans joy means “we fight hate with love, and we continue to live a life of joy in the face of adversity.”

“For me personally, I am able to compartmentalize those attacks,” she said. “You know, and I’ve learned this in my clinical work as a pediatrician, where, if you are in the emergency department or in the office or in the hospital and you have a very sick patient in front of you, you have to be able to function as a professional and compartmentalize your feelings and then be able to bring them out later and process them.”

Levine explained, “And so it’s the same thing so that if I am attacked, I’m able to compartmentalize any emotions about that and then I work that through with my friends and my family.”

“In addition, though, I’ve also learned the art of sublimation where, you know, the more people attack me, then I’m able to turn that around and it serves as motivation for me to work harder and advocate more.”

Rather than herself, Levine said, “What I worry about are the most vulnerable in our community, who I think it can be very challenging for, particularly in these times, to vulnerable transgender and nonbinary youth, their families, and even their medical providers in many states across the country.”

Levine shared her thoughts about the public’s eroding faith in science, medicine, and institutional expertise — themes that often arise in the context of debates over gender affirming healthcare, as guideline-directed and medically necessary interventions that are supported by every mainstream medical society have come under fire from right-wing politicians.

“There is a lot of misinformation and overt disinformation about transgender medicine,” she said. “You know, transgender medicine is an evidence-based standard of care, which continues to benefit from continued research and evolution from, you know, standards 10 or more years ago to the current standards now published.”

Levine added, “Transgender medicine is absolutely necessary for transgender and gender diverse people including youth — and transgender medicine is medical care, but it’s also mental health care, and it’s literally suicide prevention care” that has “been shown in study after study to improve the quality of life and can literally save lives.”

Transgender medicine “for young people [is often] conducted at many of our nation’s expert children’s hospitals,” Levine said. “Let me put it this way: if you have a child with a fever, you would take your child, perhaps, to a pediatrician. If they had severe diabetes, you would take them to a pediatric endocrinologist. If they had a mental health condition, you might take them to a child psychiatrist or psychologist.”

“So,” she said, “if you have a child with gender questions or gender issues then you’re going to take them to the pediatric and adolescent gender specialist, and it’s often a team — including the same endocrinologist and it might be the same psychiatrist or psychologist.”

“You’re not going to think, ‘oh, I’m going to call my state legislator.’”

Nevertheless, Levine said, “These issues have been politicized for political and ideological reasons” over the objections of physicians like Jesse Ehrenfeld, president of the American Medical Association, who during a panel discussion with Levine for the PFLAG National convention in November, agreed that politicians should not get between patients, their families, and their healthcare providers.

“We see other areas where there’s misinformation and disinformation,” Levine said, perhaps partly a consequence of the politicization of the public health response to the COVID pandemic, which has led to vaccine hesitancy for COVID as well as childhood immunizations.

Ultimately, she said, “physicians and other medical and public health professionals are trying to help people,” which is “what I tried to do when I was in academic medicine” where “I really worked to help people, the patients and families that I saw as well as teaching as well as clinical research — and I think, overall, that’s what most physicians and medical professionals and public health professionals are doing.”

Exciting work ahead at HHS

When it comes to the work in which her agency is engaged, Levine said “health equity is fundamental to everything that we’re doing at HHS under Secretary Becerra and so many of our key policy initiatives relate to health equity.”

“So,” she said, “that includes health equity for the LGBTQI+ community, working to end the HIV epidemic in the United States with a focus on health equity, working to safeguard LGBTQI+ youth from the harms of conversion therapy, promoting data equity for our community, SAMHSA’s work on on conversion therapy, ARC’s work in terms of a sample patient intake form to improve the patient care experience for LGBTQI+ people, and more.”

“We have an office of climate change and health equity with a sister office of environmental justice,” Levine added. “We’re working on health equity in terms of reproductive health and reproductive rights, in the face of the Dobbs decision,” which revoked the constitutional right to abortion.

“We’re working in terms of health equity in regards to food and nutrition,” she said, “in terms of long COVID, and more.”

As with many initiatives under Biden’s presidency, “There is a tremendous emphasis on breaking down silos within divisions at HHS and between departments,” Levine said.

She shared a few examples: “One is our work on long COVID. We have an office of long COVID research and practice, which is really working across the administration with that whole of government approach. Another is in terms of our work on climate change and health equity with the EPA, and the White House Climate Council.”

“And then another actually would be our work on syphilis,” Levine said. “We run — and I chair — a syphilis and congenital syphilis federal government task force, which includes all the divisions at HHS, but also includes the VA and the Department of Defense, trying to address the significant increases in syphilis and congenital syphilis that we’ve seen the United States.”

And then, “Another example within the LGBTQ space is a global interagency action plan about conversion therapy, which includes HHS, the Department of State, the Department of the Treasury, and USAID.”

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National Security Council meets with Ugandan LGBTQ activist

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award

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Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

WASHINGTON — The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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EXCLUSIVE: USAID LGBTQ+ coordinator visits Uganda

Jay Gilliam met with activists, community members from Feb. 19-27

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U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam (Photo courtesy of USAID)

WASHINGTON — U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam last month traveled to Uganda.

Gilliam was in the country from Feb. 19-27. He visited Kampala, the Ugandan capital, and the nearby city of Jinja.

Gilliam met with LGBTQ+ activists who discussed the impact of the Anti-Homosexuality Act, a law with a death penalty provision for “aggravated homosexuality” that President Yoweri Museveni signed last May. Gilliam also sat down with USAID staffers.

Gilliam on Wednesday during an exclusive interview with the Washington Blade did not identify the specific activists and organizations with whom he met “out of protection.” 

“I really wanted to meet with community members and understand the impacts on them,” he said.

Consensual same-sex sexual relations in Uganda were already criminalized before Museveni signed the Anti-Homosexuality Act. Gilliam told the Blade he spoke with a person who said authorities arrested them at a community meeting for mental health and psychosocial support “under false pretenses of engaging in same-sex relations and caught in a video that purportedly showed him.” 

The person, according to Gilliam, said authorities outed them and drove them around the town in which they were arrested in order to humiliate them. Gilliam told the Blade that prisoners and guards beat them, subjected them to so-called anal exams and denied them access to antiretroviral drugs.

“They were told that you are not even a human being. From here on you are no longer living, just dead,” recalled Gilliam.

“I just can’t imagine how difficult it is for someone to be able to live through something like that and being released and having ongoing needs for personal security, having to be relocated and getting support for that and lots of other personal issues and trauma,” added Gilliam.

Gilliam said activists shared stories of landlords and hotel owners evicting LGBTQ+ people and advocacy groups from their properties. Gilliam told the Blade they “purport that they don’t want to run afoul of” the Anti-Homosexuality Act.

“These evictions really exacerbate the needs from the community in terms of relocation and temporary shelter and just the trauma of being kicked out of your home, being kicked out of your village and having to find a place to stay at a moment’s notice, knowing that you’re also trying to escape harm and harassment from neighbors and community members,” he said.

Gilliam also noted the Anti-Homosexuality Act has impacted community members in different ways.

Reported cases of violence and eviction, for example, are higher among gay men and Transgender women. Gilliam noted lesbian, bisexual and queer women and Trans men face intimate partner violence, are forced into marriages, endure corrective rape and lose custody of their children when they are outed. He said these community members are also unable to inherit land, cannot control their own finances and face employment discrimination because of their sexual orientation or gender identity.  

US sanctioned Ugandan officials over Anti-Homosexuality Act

The U.S imposed visa restrictions on Ugandan officials shortly after Museveni signed the law. The World Bank Group later announced the suspension of new loans to Uganda.

The Biden-Harris administration last October issued a business advisory that said the Anti-Homosexuality Act “further increases restrictions on human rights, to include restrictions on freedoms of expression and peaceful assembly and exacerbates issues regarding the respect for leases and employment contracts.” The White House has also removed Uganda from a program that allows sub-Saharan African countries to trade duty-free with the U.S. and has issued a business advisory for the country over the Anti-Homosexuality Act. 

Secretary of State Antony Blinken on Dec. 4, 2023, announced sanctions against current and former Ugandan officials who committed human rights abuses against LGBTQ+ people and other groups. Media reports this week indicate the U.S. denied MP Sarah Achieng Opendi a visa that would have allowed her to travel to New York in order to attend the annual U.N. Commission on the Status of Women.

Museveni, for his part, has criticized the U.S. and other Western countries’ response to the Anti-Homosexuality Act. 

Gilliam noted authorities have arrested and charged Ugandans under the law. 

Two men on motorcycles on Jan. 3 stabbed Steven Kabuye, co-executive director of Coloured Voice Truth to LGBTQ+ Uganda, outside his home while he was going to work. The incident took place months after Museveni attended Uganda’s National Prayer Breakfast at which U.S. Rep. Tim Walberg (R-Mich.) spoke and defended the Anti-Homosexuality Act.

The State Department condemned the attack that Kabuye blamed on politicians and religious leaders who are stoking anti-LGBTQ+ sentiments in Uganda. Gilliam did not meet with Ugandan government officials while he was in the country.

“We in the U.S. government have already made it clear our stance with government officials on how we feel about the AHA, as well as broader human rights concerns in country,” said Gilliam. “That’s been communicated from the very highest levels.”

The Uganda’s Constitutional Court last Dec. 18 heard arguments in a lawsuit that challenges the Anti-Homosexuality Act. It is unclear when a ruling in the case will take place, but Gilliam said LGBTQ+ Ugandans with whom he met described the law “as just one moment.” 

“Obviously there is lots of work that has been done, that continues to be done to respond to this moment,” he told the Blade. “They know that there’s going to be a lot of work that needs to continue to really address a lot of the root causes and to really back humanity to the community.” 

Gilliam further noted it will “take some years to recover from the damage of 2023 and the AHA (Anti-Homosexuality Act) there.” He added activists are “already laying down the groundwork for what that work looks like” in terms of finding MPs, religious leaders, human rights activists and family members who may become allies.

“Those types of allyships are going to be key to building back the community and to continue the resiliency of the movement,” said Gilliam.

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Senate confirms Sean Patrick Maloney as next OECD ambassador

Former N.Y. congressman lost to Mike Lawler in 2022

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Former New York Congressman Sean Patrick Maloney (Washington Blade photo by Michael Key)

WASHINGTON — The U.S. Senate on Tuesday confirmed former New York Congressman Sean Patrick Maloney to become the next American ambassador to the Organization for Economic Cooperation and Development.

Maloney, the former chair of the Democratic Congressional Campaign Committee who was also former President Bill Clinton’s White House staff secretary, in 2012 became the first openly gay person elected to Congress from New York. Maloney in 2022 lost to now U.S. Rep. Mike Lawler (R-N.Y.) after the state redrew its congressional districts. 

Biden last May nominated Maloney for the ambassadorship. The Senate approved it by a 63-31 vote margin.

“Thank you, all,” said Maloney in a short X post after the vote.

Michael Carpenter, the current U.S. ambassador to the OECD, is gay.

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VA expands IVF to cover same-sex couples, single veterans

About 2 million LGBTQ veterans are served by the VA, a number that is expected to “substantially increase in this decade”

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U.S. Department of Veterans Affairs Secretary Denis McDonough (Screen capture/YouTube)

WASHINGTON – The U.S. Department of Veterans Affairs will cover in-vitro fertilization treatments for same-sex couples and single veterans, the agency announced on Monday — a move that comes after lawsuits last year claiming that its policy of only treating legally married partners who could produce their own eggs and sperm was discriminatory.

The department said the change is expected to take effect in coming weeks, with Secretary Denis McDonough pledging to implement the new policy as soon as possible.

“Raising a family is a wonderful thing, and I’m proud that VA will soon help more veterans have that opportunity,” he said. “This expansion of care has long been a priority for us, and we are working urgently to make sure that eligible unmarried veterans, veterans in same-sex marriages and veterans who need donors will have access to IVF in every part of the country as soon as possible.”

Out in National Security, a nonprofit dedicated to serving and empowering queer national security professionals, celebrated the VA’s announcement in a press release proclaiming that “five years of ONS efforts have delivered.”

The group noted that about 2 million LGBTQ veterans are served by the VA, a number that is expected to “substantially increase in this decade.”

Also on Monday, the Defense Department announced its expansion of IVF eligibility requirements, which will now cover assisted reproductive technology for active-duty troops and their spouses, partners, or surrogates.

DoD will allow these service members to “use donor gametes (sperm, egg, or both) and embryos when procured at their own expense.”   

“We continue to identify ways to lean forward as much as we can in support of equity of access to reproductive health care for our service members,” said Kimberly Lahm, a program director in the Office of the Deputy Assistant Secretary of Defense for Health Affairs for Health Services Policy and Oversight.

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HHS smoking cessation framework focused on ‘most vulnerable’

Evidence suggests LGBTQ smokers may also less likely to call tobacco quitlines, & fewer are using counseling or smoking-cessation medications

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U.S. Department of Health and Human Services Secretary Xavier Becerra at 2023 HHS Pride Summit (Screen capture/YouTube HHS)

WASHINGTON — The U.S. Department of Health and Human Services introduced a new 28-page Framework to Support and Accelerate Smoking Cessation on Friday, an effort to support the Biden-Harris administration’s Cancer Moonshot, which aims to cut cancer-related deaths by at least 50 percent over 25 years.

“This framework focuses on advancing equity, engaging communities, and coordinating, collaborating, and integrating evidence-based approaches across every facet of our government and society,” HHS Secretary Xavier Becerra said in a press release.

“The Biden-Harris Administration will continue these efforts,” he said, “until smoking is no longer the leading cause of preventable death in the United States, and the communities that remain the most vulnerable get the help they need.”

The Department’s assistant secretary for health, Adm. Rachel Levine, said “Today’s announcement marks an important milestone reaffirming our commitment to helping people who smoke to quit by working to maximize their access to and awareness of evidence-based interventions and programs.”

According to the Centers for Disease Control and Prevention, which is a division of HHS, about 15.3 percent of lesbian, gay, and bisexual adults smoke cigarettes, a figure that is “much higher” than the 11.4 percent of heterosexual adults who do. Lesbian, gay, and bisexual middle and high school aged youth are also likelier to smoke than their straight counterparts.

Additionally, a 2017 study in the American Journal of Preventative Medicine found that 39.7 percent of transgender adults reported using cigarettes, cigars, or e-cigarette products in the last 30 days, and use of e-cigarettes is four times higher compared to use by cisgender adults.

As a result, the CDC reports that LGBTQ people “have more risk factors for cardiovascular (heart and blood vessel) disease – like high blood pressure – than straight adults.”

The agency warns that “if you are part of the LGBTQ+ community, you likely have seen tobacco ads in magazines, newspapers, and websites directed at you” because “Tobacco companies are focusing their advertising on your communities.”

Evidence suggests LGBTQ smokers may also less likely to call tobacco quitlines, and fewer are using counseling or smoking-cessation medications.

HHS’s framework document also notes the disparities cigarette smoking among LGBTQ adults, along with other populations who are likelier to smoke including Black men, blue collar or service industry workers, and adults living in rural areas.

The authors also highlight, in a list of existing HHS programs and activities for smoking cessation, the CDC’s National Networks Driving Action: Preventing Tobacco- and Cancer-Related Health Disparities by Building Equitable Communities.

The program “funds a consortium of national networks to advance the prevention of commercial tobacco use and cancer in populations experiencing tobacco- and cancer related health disparities” and lists LGBTQ people among the “focus population groups.”

According to the HHS press release, “The Framework is organized around six goals that serve as a foundation for long-standing HHS efforts to support and promote smoking cessation”:

  1. Reduce smoking- and cessation-related disparities.
  2. Increase awareness and knowledge related to smoking and cessation.
  3. Strengthen, expand, and sustain cessation services and supports.
  4. Increase access to and coverage of comprehensive, evidence-based cessation treatment.
  5. Advance, expand, and sustain surveillance and strengthen performance measurement and evaluation.
  6. Promote ongoing and innovative research to support and accelerate smoking cessation.
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FBI: Schools are the third most popular location for hate crimes

The FBI’s annual crime report from 2022 found that anti-LGBTQ hate crimes rose precipitously from the previous year

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FBI Director Christopher Wray (Screenshot/NBC News)

WASHINGTON – Statistics released by the Federal Bureau of Investigation on Monday reveal that schools were the third most popular spot for bias-motivated hate crimes that were reported between 2018-2022.

Primary and secondary schools and university campuses accounted for 10 percent of all hate crimes reported in 2022, while the first and second most common locations were homes and residences and highways, roads and alleyways, the FBI said in its report.

Data comes from the agency’s Uniform Crime Reporting program. The FBI’s annual crime report from 2022, which was released in October, found that anti-LGBTQ hate crimes rose precipitously from the previous year.

Specifically, there with a 13.8 percent increase in crimes motivated by the victim’s sexual orientation and a 32.9 percent increase in crimes motivated by the victim’s gender identity.

In the five years covered in the FBI’s report on Monday, anti-LGBTQ crimes were the third most common, behind those perpetrated against Black or African American victims and those targeting those from certain religious groups, most often Jewish people.

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