Connect with us

News

EU court rules homosexuality can be grounds for asylum

Decision comes in case of three Africans who sought refuge in the Netherlands

Published

on

European Court of Justice, gay news, Washington Blade

European Court of Justice, gay news, Washington Blade

European Court of Justice (Photo by Stefan64; courtesy of Wikimedia Commons)

The European Court of Justice on Thursday ruled those who face incarceration in their home countries because of their sexual orientation could receive asylum in the European Union.

The ruling stems from the case of three people from Sierra Leone, Uganda and Senegal who sought asylum in the Netherlands in 2009, 2010 and 2011 respectively. Each of the applicants claimed they would face persecution in their African homelands because of their sexual orientation.

Homosexuality remains illegal in the three countries.

Sierra Leonean law punishes those found guilty of same-sex sexual acts with up to 10 years in prison, while those convicted under Senegalā€™s anti-sodomy law could face up to five years of incarceration. Gays and lesbians found guilty of same-sex sexual acts in Uganda could face up to life in prison.

Ugandan Parliamentarian David Bahati in 2009 sparked global outrage when he introduced a bill that would impose the death penalty upon anyone found guilty of repeated same-sex sexual acts.

The Dutch Ministry of Immigration and Asylum in 2010 and 2011 denied the asylum seekersā€™ request based on grounds they had not demonstrated they have ā€œa well-founded fear of persecution by reason of their membership of a particular social group.ā€

A court in The Hague in 2010 and 2011 upheld the Sierra Leonean and Ugandan petitioners request for asylum. The same tribunal in 2011 dismissed the Senegalese asylum seekersā€™ appeal.

The Dutch Ministry of Immigration and Asylum appealed the ruling that overturned its previous decision in the case of the Sierra Leonean and Ugandan petitioners to the Dutch Council of State. The advisory body asked the European Court of Justice in Luxembourg to determine whether gays could be considered a ā€œparticular social groupā€ and whether the criminalization of homosexuality is ā€œan act of persecution.ā€

“It is common ground that a person’s sexual orientation is a characteristic so fundamental to his identity that he should not be forced to renounce it,” the European Court of Justice ruling reads.

ā€œThe criminalization of homosexual acts alone does not, in itself, constitute persecution,ā€ it continues. ā€œHowever, a term of imprisonment which sanctions homosexual acts and which is actually applied in the country of origin which adopted such legislation must be regarded as being a punishment which is disproportionate or discriminatory and thus constitutes an act of persecution.ā€

The ruling applies to all 28 EU member states, but it stipulates authorities in a particular country must determine whether an individual asylum seeker is facing persecution in their homeland. The Dutch government grants asylum based on sexual orientation on a case-by-case basis.

COC Nederland, a Dutch LGBT advocacy group, welcomed the European Court of Justiceā€™s ruling.

“The current policy states that LGBT asylum seekers are to be expected to live in their country of origin with ā€˜a certain restraintā€™ when it comes to expressing their sexual orientation or gender identity,” the organization said. “This criterion is no longer valid in the light of this new European ruling. COC Netherlands has been advocating for such a policy for years.”

Livio Zilli of the International Commission of Jurists is among those who were critical of the decision.

ā€œThe court should have found that these laws, even when they have not recently been applied in practice are capable of giving rise to a well-founded fear or prosecution in lesbian, gay, bisexual, transgender and intersex people and who accordingly should be recognized as refugees when they apply for asylum,ā€ Zilli said.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

Activists stage reenactment of 1965 gay rights protest at White House

Event marked 60th anniversary of historic picketing

Published

on

The reenactment took place Thursday. (Washington Blade photo by Lou Chibbaro, Jr.)

With dozens of tourists watching, a little over two dozen LGBTQ activists walked in a circular picket line carrying ā€œhomosexual rightsā€ signs on the sidewalk in front of the White House on April 17 in a reenactment of the historic 1965 first gay rights protest outside the White House.

Organized by D.C.ā€™s Rainbow History Project, the event marked the 60th anniversary of the 1965 protest, which was organized by gay rights pioneers Frank Kameny and Lilli Vincenz on behalf of the Mattachine Society of Washington, one of D.C.ā€™s first gay rights groups that Kameny co-founded in the early 1960s.

ā€œThe White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride marches and the annual LGBTQ Pride celebrations which occur across the globe,ā€ according to a leaflet prepared by Rainbow History Project that participants in the reenactment handed out to passersby and tourists.

Among those participating in the reenactment protest was longtime D.C. LGBTQ rightsĀ  advocate Paul Kuntzler, who is the last known survivor of the 1965 White House gay rights protest. Kuntzler carried a replica of the sign he said he carried at the 1965 protest, which states, ā€œFifteen Million U.S. Homosexuals Protest Federal Treatment.ā€

Paul Kuntzler (Washington Blade photo by Lou Chibbaro, Jr.)

Other signs carried by participants stated, ā€œHomosexuals Died for Their Country, Too;ā€ ā€œWhite House Refuses Replies To Our Letters ā€“ Afraid Of Us?ā€; Ā ā€œCubaā€™s Government Persecutes Homosexuals, U.S. Government Beats Them To It;ā€ Ā ā€œHomosexuals are American Citizens, Too.ā€

The leaflet that participants distributed at the April 17 reenactment, which includes a photo of the 1965 event, lists what it says were the four main demands issued by the Mattachine Society of Washington in 1965.

They called for an end to ā€œthe exclusion of homosexuals from federal employment,ā€ an end to the ban on gays from serving in the U.S. military, an end to the ā€œblanket denial of security clearances for gay people,ā€ and an end to the governmentā€™s refusal to meet with the LGBTQ community or to reply to their letters.

The leaflet includes an excerpt from a letter that Kameny wrote to then-President Lyndon B. Johnson around the time of the 1965 protest.

ā€œWe ask you, Mr. President, for what all American citizens ā€“ singly and collectively ā€“ have the right to ask,ā€ the letter states. ā€œThat our problems be given fair, unbiased considerationā€¦consideration in which we, ourselves, are allowed to participate actively and are invited to do so.ā€

The leaflet notes that although Kameny died in 2011 and Vincenz died in 2023, ā€œtheir legacy is carried on by modern LGBTQ+ rights activists, who continue to advocate for employment opportunities, legal protections, inclusive health services, and more.ā€

Rainbow History Project official Vincent Slatt, one of the lead organizers of the reenactment protest, said his group had no trouble obtaining a permit from the National Park Service to hold the event outside the White House.

 ā€œI think the picket is going very, very well today,ā€ he said while watching the picketers on the White House sidewalk. ā€œWe have a couple of dozen people participating. And there are lots of tourists engaging,ā€ he said. ā€œWeā€™re handing out pamphlets to let them know about the historic picket and the importance of learning LGBT history.ā€

Slatt added, ā€œBut the highest impact is really that the media showed up to spread awareness of this.ā€

Lesbian activist Leticia Gomez, while walking on the White House picket line at the reenactment event, said she was among those who benefited from the 1965 protest and those that followed in support of LGBTQ rights.

 ā€œIā€™m blessed,ā€ she said. ā€œI got to work 34 years for the federal government as an out lesbian in the Department of the Navy,ā€ she told the Blade. ā€œSo, because of what they did and all the other protests that came after that, it allowed me to have the career that I had.ā€

 Also walking the picket line at the April 17 reenactment event was Deacon Maccubbin, owner of the former D.C.  LGBTQ bookstore Lambda Rising and organizer of D.C.ā€™s first Gay Pride Day event in 1975.

 ā€œIt was really wonderful to be here today after 60 years,ā€ he said. ā€œI wasnā€™t at the first one,ā€ he told the Blade. ā€œBut itā€™s just wonderful that this happened in 1965. It started the ball rolling, and all the progress that weā€™ve made, the fact that we do gay Pride every year in D.C. ā€“ all of those are dependent on this demonstration that got started in 1965.ā€

Continue Reading

Congress

EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

Published

on

Andry HernƔndez Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry HernĆ”ndez Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that HernƔndez, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing HernƔndez during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

HernĆ”ndez’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting HernĆ”ndez’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. HernĆ”ndez Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. HernĆ”ndez Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for HernĆ”ndez’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”Ā 

HernĆ”ndez’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding HernĆ”ndez’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

HernĆ”ndez ā€œwas denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,ā€ the governor wrote. ā€œWe are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing HernƔndez, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

ā€œUnder the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if thatā€™s the case,ā€ she said. ā€œIn Andryā€™s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.ā€

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,ā€ Toczylowski said.

In March, a DHS spokesperson posted on X that HernĆ”ndez’s ā€œown social media indicates he is a member of Tren de Aragua,ā€ though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity. Ā 

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence ā€” “I’m not a gang member. I’m gay. I’m a stylist.”Ā ā€” crying for his mother as he was slapped and his head was shaved.

Continue Reading

State Department

HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration

Black coffins placed in front of Harry S. Truman Building

Published

on

HIV/AIDS activists place black Styrofoam coffins in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.

Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.

King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.

“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.

Then-President George W. Bush in 2003 signed legislation that created PEPFAR.

The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentā€™s Emergency Plan for AIDS relief and other ā€œlife-saving humanitarian assistanceā€ programs to continue to operate during the freeze.

The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā€” OUT LGBT Well-being and Access Chapter 2 ā€” that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.

Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”

“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.

Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”

“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

Health GAP Executive Director Asia Russell, center, speaks in front of the State Department on April 17, 2025. (Washington Blade photo by Michael Key)
Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular