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Activists around the world welcome Pope Francis’ comments against criminalization laws

Church teaching about homosexuality remains unchanged

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Pope Francis (Photo by palinchak via Bigstock)

Activists around the world say Pope Francis’ comments against criminalization laws are a milestone for the global LGBTQ and intersex rights movement.

Toni Reis, president of Aliança Nacional LGBTI+, a Brazilian LGBTQ and intersex advocacy group, told the Washington Blade that Francis’ comments are “a message that needs to be assimilated by at least 70 countries that still criminalize homosexuality in some way, including 11 countries in which the death penalty can be applied.”

Reis and his husband, David Harrad, in 2017 baptized their three adopted children at a Catholic cathedral in Curitiba, a city in southern Brazil. Reis later received a letter on official Vatican letterhead that said Francis “wishes you happiness, invoking for your family the abudance of divine graces in order to live steadfastly and faithfully as good children of God and of the church.”

“We are unable to find in the recorded words of Jesus Christ, on whom the Christian faith is founded, any reference to homosexuality as a sin,” Reis told the Blade. “There is no longer room for deliberately decontextualized interpretations of the Old Testament and the books of certain Apostles in this sense.”

Francis during an exclusive interview with the Associated Press on Jan. 24 described criminalization laws as “unjust” and said “being homosexual is not a crime.”

The pontiff acknowledged some Catholic bishops support criminalization laws and other statutes that discriminate against LGBTQ and intersex people. Francis told the Associated Press that cultural backgrounds contribute to these attitudes, and added “bishops in particular need to undergo a process of change to recognize the dignity of everyone.”

Toni Reis, second from left, with his husband, David Harrad, third from left, and their children after their baptism at a cathedral in Curitiba, Brazil, on April 23, 2017. Reis has received a letter in which Pope Francis congratulated him and his husband, David Harrad, for baptizing their three adopted children. (Photo courtesy of Toni Reis)

Chantale Wong, the U.S. director of the Asian Development Bank who was born in Shanghai, is the first openly lesbian American ambassador.

Wong’s aunt and uncle enrolled her in a Catholic bording school in Macau, which at the time was a Portuguese colony, after she fled China with her grandmother in 1960. Wong was baptized and given the name Chantale after St. Jane Frances de Chantale.

She later attended an all-girls Catholic high school in Guam.

“He is definitely my pope,” tweeted Wong on Jan. 25.

Luxembourg Prime Minister Xavier Bettel, who is openly gay, in a tweet thanked Francis “for your strong and clear words against the criminalization of LGBTIQ+ persons in the world.” Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ and intersex issues who traveled to Cambodia last month, echoed Bettel.

“Criminalization based on sexual orientation is contrary to international human rights law,” tweeted Madrigal-Borloz on Jan. 25. “I welcome this recognition by (the pope.)”

Homosexuality is the ‘real sin’

The Vatican’s tone towards LGBTQ and intersex issues has softened since Francis assumed the papacy in 2013.

Francis — who vehemently opposed a marriage equality bill in his native Argentina before then-President Cristina Fernández de Kirchner signed it into law in 2010 — a decade later publicly backed civil unions for same-sex couples.

The pontiff in 2013 said gay men and lesbians should not be marginalized. 

Francis in 2016 later said the Roman Catholic Church should “ask forgiveness” from gay people over the way it has treated them. The pontiff in 2017 compared politicians who use hate speech against LGBTQ and intersex people and other minority groups to Adolf Hitler.

The Vatican in 2020 gave money to a group of transgender sex workers in Italy who were struggling to survive during the coronavirus pandemic. Francis in 2021 named Juan Carlos Cruz, a gay Chilean man who is a survivor of clergy sex abuse, to a commission that advises him on protecting children from pedophile priests.

Francis last year during several of his weekly papal audiences met with trans people who were living at a Rome church. 

Church teachings on homosexuality and gender identity remain unchanged despite these overtures. 

Francis during the Associated Press interview referred to LGBTQ and intersex issues within the context of “sin.” The pontiff later sought to clarify the comment.

“When I said it is a sin, I was simply referring to Catholic moral teaching, which says that every sexual act outside of marriage is a sin,” wrote Francis in a handwritten letter he sent to the Rev. James Martin, editor of Outreach, a website for LGBTQ and intersex Catholics, on Jan. 27.

Pedro Julio Serrano, founder of Puerto Rico Para Todes, a Puerto Rican LGBTQ and intersex rights group, during an interview with the Blade acknowledged Francis “is giving a message that criminalization of the LGBTQ+ community must be fought.” Serrano added, however, the pontiff’s comments do not change church teachings.

“There is no change in dogma, there is no change in doctrine and nothing has changed in the catechism of the Catholic Church. Everything remains the same,” Serrano told the Blade. “As long as all that remains the same, there is no change.”

Serrano further stressed Francis’ categorization of homosexuality as a “sin” is paradoxical.

“Homophobia: That is the real sin,” said Serrano.

Pedro Julio Serrano, founder of Puerto Rico Para Todes, a Puerto Rican LGBT advocacy group, shows his tattoo that pays tribute to the LGBT Puerto Ricans who died inside the Pulse nightclub in Orlando, Fla., during an interview in San Juan, Puerto Rico, on July 7, 2016. (Washington Blade photo by Michael K. Lavers)

Frank Mugisha, executive director of Sexual Minorities Uganda, a Ugandan LGBTQ and intersex rights group, on Tuesday noted to the Blade that he is Catholic.

Uganda is among the dozens of countries in which consensual same-sex sexual relations remain criminalized.

Singapore, Barbados, St. Kitts and Nevis, Antigua and Barbuda, Botswana, Bhutan and India have decriminalized homosexuality in recent years.  

Mugisha said Sexual Minorities Uganda welcomes Francis’ statement, which he made ahead of his trip to Congo and South Sudan. (Consensual same-sex sexual activity is legal in Congo, while South Sudan continues to criminalize it.) 

“Being Catholic, I know the Catholic Church will respect the pope’s views and I hope the church in Africa starts working with us towards discrimination of homosexuality,” Mugisha told the Blade.

ILGA World Co-Secretaries General Luz Elena Aranda and Tuisina Ymania Brown in response to Francis’ comments said “such a simple statement has now the potential to initiate a much-needed change and will provide relief to millions of persons in our communities across the world.” ILGA World Executive Director Julia Ehrt, like Serrano, said Vatican doctrine towards LGBTQ and intersex people needs to change if the pontiff’s position against criminalization laws will have any meaningful impact. 

“We urge the Holy See to turn these words into concrete action,” said Ehrt. “The Catholic Church and its institutions can and should play an active role in supporting decriminalization efforts across the world and within the United Nations and multilateral fora, where demands to scrap these profoundly wrong laws have long been reiterated.”

Outright International, a New York-based global LGBTQ and intersex rights group, in its response to Francis’ comments also noted church teachings.

“We welcome Pope Francis’ message of inclusion and acceptance,” said Outright International in a statement to the Blade. “Discrimination, persecution and marginalization are common experiences for LGBTIQ individuals and communities around the world. In some countries, many are subjected to conversion practices and its lifelong physical and emotional damages, which are often performed and sanctioned in the name of church teachings.” 

“Religious leaders have a storied history of perpetuating misconceptions about same-sex relations, promoting them as threats to society. As such, LGBTIQ people are subject to violent attacks, harassment and social stigmatization. The church’s actions have also influenced efforts to oppose the advancement of human rights for LGBTIQ people,” added Outright International. “Our hope is that the pope’s statement will foster respect, dignity and conversations that will lead to change in attitudes and lasting legal protections in this arduous journey for full equality.”

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was “Mamba,” they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

“I’ll never forget that day,” Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. “I still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.” 

Biodun’s experience isn’t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

“Sometimes, I often wonder how they learned about these platforms,” Daniel, which is not his real name, told the Blade. “You would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.” 

One time, someone’s bio read, “I’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)” It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

“Before the removal of the screenshot option, I usually shared photos of others with my trusted friends,” Biodun shared. “But since that was taken off, there was no way for me to do that.” 

Although, according to Grindr’s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Caribbean

Dominica High Court of Justice strikes down sodomy law

Gay man challenged statute in 2019

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Dominica flag (Public domain photo)

Dominica’s High Court of Justice on Monday struck down provisions of a law that criminalized consensual same-sex sexual relations.

A gay man who remains anonymous in 2019 challenged sections of the country’s Sexual Offenses Act that criminalized anal sex and “gross indecency” with up to 10 years and 12 years in prison respectively. The plaintiff argued the provisions violated his constitutional rights. 

The Dominica Equality and Sexual Expression Association and the Eastern Caribbean Alliance for Diversity and Equality, a group that advocates for LGBTQ and intersex rights in the region, in a press release noted the court in its ruling affirmed “the criminalization of consensual same-sex activity between adults is unconstitutional.” The groups added Justice Kimberly Cenac-Phulgence “declared that the laws commonly known as buggery and gross indecency laws, contravenes the constitution of the Commonwealth of Dominica, namely the right to liberty, freedom of expression, and protection of personal privacy.”

“It is long past time that the dignity and dreams of all Dominicans were recognized,” said DESEA Executive Director Sylvester Jno Baptiste in the press release. “We are all God’s children, and he loves us all equally. Laws that treat some Dominicans as less than others, have no place in a just society.” 

Dominica is a former British colony that is located between Guadeloupe and Martinique in the Lesser Antilles.  

Antigua and Barbuda, St. Kitts and Nevis, Barbados, and Trinidad and Tobago in recent years have decriminalized consensual same-sex sexual relations. 

The Inter-American Commission on Human Rights in 2021 issued a decision that said Jamaica must repeal its colonial-era sodomy law. The country’s Supreme Court last year ruled against a gay man who challenged it. 

A judge on St. Vincent and the Grenadines’s top court in February dismissed two cases that challenged the country’s sodomy laws.

“Decriminalization helps create an environment where LGBTQ individuals can live openly without fear of persecution, enabling them to access health care, education, and employment without facing discrimination,” said Outright Executive Director Maria Sjödin on Monday in response to the Dominica ruling. “The repeal of these discriminatory laws is a testament to the tireless efforts of activists, advocates, and allies who have long fought for justice and equality. It is a victory for human rights and a significant milestone in the ongoing struggle for LGBTQ rights in the Caribbean.”

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex person’s data in a Census. 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukiza’s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”)

“We recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,” said Dunstan Balaba, the permanent secretary in the prime minister’s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the country’s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

“It will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,” Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPD’s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex people’s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPD’s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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