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U.S. commission considers ways to stop anti-gay Uganda bill

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U.S. Rep. Tammy Baldwin (D-Wis.) (DC Agenda photo by Michael Key)

Greater involvement from first lady Michelle Obama was one option discussed during a recent congressional hearing as a way for the U.S. to help derail a harshly anti-gay bill in Uganda from becoming law.

Cary Alan Johnson, executive director of the International Gay & Lesbian Human Rights Commission, was among the people who testified before the Tom Lantos Human Rights Commission on Thursday that Obama’s work against the international HIV/AIDS epidemic would make her a strong voice against the bill.

Johnson said the women’s caucus in the Ugandan parliament is supporting the legislation and opposition from the first lady — as well as President Obama — could influence women’s groups in Uganda to drop their support.

ā€œI’m wondering if there is women leaders within the U.S. Congress — and perhaps the first lady herself — might be able to play some role in having discussions about the potential impact of this bill — not just on human rights, but on HIV prevention within the country,ā€ Johnson said.

Julius Kaggwa, a leader of the Civil Society Coalition on Human Rights & Constitutional Law who came from Uganda to testify on the legislation, also said greater involvement from President Obama and Michelle Obama would be helpful in efforts to stop the bill.

ā€œIf President Obama and the first lady of the United States can engage more with our first family — especially in the area of HIV/AIDS, which is of great concern to us as sexual minorities — and the issue of human rights generally, I think that would be very, very helpful,ā€ he said.

A stronger voice from the first lady and President Obama was one among several options considered to stop the anti-gay legislation that’s been pending the Uganda parliament since October.

Homosexual acts are already illegal in Uganda, but the bill would, among other things, institute the death penalty for repeat offenders of the homosexual acts ban and for those who have homosexual sex while HIV positive. The harsh penalties for LGBT people in the legislation have inspired growing outrage and concern around the world, including LGBT activists in the U.S.

Karl Wycoff, deputy assistant secretary of state for East African Affairs (DC Agenda photo by Michael Key)

Karl Wycoff, deputy assistant secretary of state for East African Affairs, testified that the State Department has been working to prevent the bill from being enacted into law even as the U.S. considers the country an ally.

ā€œThe introduction of this anti-homosexuality bill in Uganda characterizes just such a moment — one where we must say to our friends who’s friendship we value that together we must stand against injustice, and in this case, injustice against the LGBT community,ā€ he said.

Wycoff noted how the White House in January issued a statement in opposition to the legislation and said Secretary of State Hillary Clinton has expressed concerns about the bill with Ugandan President Yoweri Museveni in addition to publicly opposing the legislation in two speeches.

ā€œOur embassy … has been very active on this subject with representatives of the Ugandan government, with civil society, with local gay and lesbian groups and with others who press for this bill to be dropped,ā€ Wycoff said.

Last month, DC Agenda first reported State Department officials had received assurances from Museveni that he would work to block the legislation from becoming law and would veto the bill should it come to his desk. But during the hearing, Wycoff declined to characterize publicly the discussions the State Department had with the president.

Witnesses also discussed efforts of activists within Uganda working to prevent the bill from becoming law. Kaggwa said local groups have been trying to stop the measure, but noted that persuading lawmakers to oppose the bill is difficult because of the country’s deep cultural beliefs against homosexuality.

Kaggwa said one of the best points for opponents to bring up about the legislation is how it would require Ugandan citizens to report on those believed to be homosexual.

ā€œThe element of setting a mother against a daughter, the element of setting a sister against a brother, is something that we all can identify with,ā€ Kaggwa said. ā€œThese are the arguments that we are using. We should make this bill really draconian, that instead of bringing together families, instead of preserving family, as purported by people who are pushing the bill, it’s [separating] families.ā€

Following the testimony, lesbian Rep. Tammy Baldwin (D-Wis.), who chaired the hearing, told reporters that bolstering the local effort in Uganda against the legislation would be one means for the United States to step up efforts against the bill.

ā€œI do think it is important for us to listen and receive guidance from people on the ground in Uganda — not just thinking from afar what to do,ā€ she said. ā€œI think there’s probably additional ways where we can empower local activists, local voices in Uganda at the same time as we speak crystal clear our dedication to human rights for all [people] across the globe.ā€

Another option lawmakers are considering is revoking Uganda’s beneficiary trade status should the bill become law. Baldwin noted during the hearing that earlier this month, Sen. Ron Wyden (D-Ore.) sent a letter to Clinton saying Uganda’s trade relationship with the United States would be revoked if the country’s parliament enacts the legislation.

While a number of strategies were put forth as ways to prevent the legislation from becoming law, one option witnesses denied as being an appropriate response was restriction of funds under the President’s Emergency Plan for AIDS Relief. The program, also known as PEPFAR, is a multi-billion dollar initiative started by former President George W. Bush that provides treatment for people living with HIV/AIDS in developing countries.

Christine Lubinski, executive director of the HIV Medicine Association, said the $1.3 billion that the U.S. spends in aid to Uganda is ā€œtoo much of a day-to-day lifeline for too many people.ā€

ā€œIt seems like there’s significant other avenues to pursue; the HIV money would not be good one,ā€ she said.

But Johnson said there could be other avenues to pursue with AIDS relief money if Uganda passes the legislation. He said PEPFAR money could be ā€œchanneled differentlyā€ to non-governmental organizations that would implement HIV/AIDS relief programs in the country.

Another concern raised during the hearing was whether international efforts would have an adverse effect on stopping the anti-gay legislation because of the country’s history under colonial rule.

Wycoff said attention from the international community has actually contributed to some efforts in Uganda calling for the passage of the legislation.

ā€œIronically, foreign criticism of the bill has in some ways bolstered internal support for the legislation as many Ugandans interpret foreign condemnation as interference in their internal affairs,ā€ he said.

But Kaggwa said international concern about the legislation is helpful, so long as local opposition against the bill is heard just as strongly.

Julius Kaggwa, a leader of the Civil Society Coalition on Human Rights & Constitutional Law (DC Agenda photo by Michael Key)

ā€œIt is important that these local, indigenous voices are heard as heavily or as loudly as the international voices,ā€ he said. ā€œWe believe that if that voice supplements our own voices, then we will be productive. But if the foreign voices are louder than ours, then I’m afraid that might have a counter-productive effect.ā€

Johnson said people opposed to the legislation are working to make sure both local and regional voices are heard against the bill, and that Obama could make the local voices stronger.

ā€œI think that could be an aspect in which the administration could be more proactive in terms of talking to other African nations, and talking to the African Union, about making its voice heard on the legislation,ā€ he said.

A number of Democratic U.S. House members spoke out against the bill during the hearing. Rep. Jim McGovern (D-Mass.), co-chairman of the commission, said the bill ā€œis steeped in religious bigotry and homophobia.ā€

ā€œI want to make it clear that there are many members in this Congress — both Democrat and Republican — who have deep, deep concerns about what’s happening in Uganda and are outraged by this draft legislation,ā€ he said.

Baldwin called the legislation ā€œan extreme and hateful attempt to make people criminals not because of anything they do, but because of who they are and who they love.ā€

She noted that 90 other U.S. House members joined her in signing a letter to presidents Obama and Museveni, requesting their strong opposition to the legislation.

ā€œI hope that all Ugandans, and particularly those who are [LGBT], will hear the voice of this Congress state very clearly that we will not tolerate these types of human rights violations,ā€ she said.

No Republican member of the commission attended the hearing. A Republican staffer for the commission didn’t immediately respond to DC Agenda’s request to comment on why GOP members were absent.

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U.S. Supreme Court

Supreme Court to hear Md. religious freedom case on Tuesday

Advocacy groups to rally outside during Mahmoud v. Taylor oral arguments

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U.S. Supreme Court (Washington Blade photo by Michael Key)

Activists on Tuesday will hold a rally in front of the U.S. Supreme Court as the justices hear oral arguments in a case that will determine whether schools are violating parents’ religious freedom by not letting them opt their children out of learning about LGBTQ-specific topics.

Mahmoud v. Taylor is a case out of Montgomery County about parents who wish to opt their children out of LGBTQ-themed lessons in public schools for religious reasons.Ā 

Montgomery County Public Schools, after initially allowing parents to opt their children out, changed the policy in March 2023.

The plaintiffs — Tamer Mahmoud, Enas Barakat, and other parents — argue ā€œthe storybooks were chosen to disrupt ā€˜cisnormativity’ and ā€˜either/or thinking’ among students.ā€ 

ā€œThe board’s own principals objected that the curriculum was ā€˜not appropriate for the intended age group,’ presented gender ideology as ā€˜fact,’ ā€˜sham[ed]’ students with contrary opinions, and was ā€˜dismissive of religious beliefs,ā€™ā€ according to the petition on the Supreme Court’s website. 

The petition goes further, saying the parents are ā€œnot challenging the curriculum, but arguing that compelling their elementary-age children to participate in instruction contrary to their parents’ religious convictions violated the Free Exercise Clause. Construing Wisconsin v. Yoder, the 4th Circuit found no free-exercise burden because no one was forced ā€˜to change their religious beliefs or conduct.ā€™ā€

The Coalition for Inclusive Schools and Communities, an organization that aims to bring together ā€œadvocates, educators, families, and organizations committed to inclusive, affirming, fact and science-based education,ā€ will participate in the ā€œRally for Inclusive Educationā€ rally outside the Supreme Court alongside Live In Your Truth and the Montgomery County Pride Family.

ā€œInclusive education isn’t just a value — it’s a necessity,ā€ said Phillip Alexander Downie, co-chair of the Coalition for Inclusive Schools and Communities and CEO of Montgomery County Pride Family. ā€œThe right of every child to learn in an environment where they see themselves reflected, affirmed, and respected is under attack. This rally is our moment to protect that right — and ensure future generations inherit classrooms rooted in truth, equity, equality, and justice.ā€

The Coalition for Inclusive Schools and Communities says the rally is a ā€œnonpartisan community gathering rooted in education, advocacy, and solidarity.ā€ 

ā€œThe focus of this event is to uplift the importance of inclusive learning environments, celebrate the power of diversity in our schools, and amplify the voices of those most impacted by exclusionary practices and rhetoric,ā€ it said.

The rally will feature speakers from across the country, including students, educators, civil rights leaders, and authors who will give their own testimonies as to why it is important to have inclusivity in primary education. Trans Maryland, the National Women’s Law Center, MoCoPride Center, and Authors Against Book Bans are among the LGBTQ groups sponsoring the event.

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National

EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality

A4TE formed last year when two transgender rights groups merged

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Rodrigo Heng-Lehtinen (Photo courtesy of Rodrigo Heng-Lehtinen)

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.

The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.

ā€œNow that we’ve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, it’s time for me to take my next step,ā€ said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. ā€œWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. I’m proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, I’m now ready to move on to my next chapter.ā€  

Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”

“With my background in persuasion and messaging, it’s where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”

Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.

ā€œWe thank Rodrigo for his years of dedicated leadership and service,ā€ said Marra. ā€œA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.ā€Ā 

Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.

“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. I’ve always felt deeply supported and heard by him, which is something I value deeply.ā€

ā€œI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle. 

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U.S. Federal Courts

Federal judge blocks Trump passport executive order

State Department can no longer issue travel documents with ‘X’ gender markers

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(Bigstock photo)

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”

“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though today’s court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an ā€œXā€ gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

ā€œThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā€ said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.

ā€œBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā€

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