Connect with us

Commentary

What I Learned from Joe Biden 45 (Gulp!) Years Ago

Why The Lessons Give Me Hope for 2022

Published

on

Evan Wolfson & then-Senator Biden, Yale Political Union, February 10, 1976 — with permission, Yale Daily News Publishing Company

The twin threats that still loom over us — the anti-democratic radicalization of the Republican Party and the persistence of the pandemic — are making this a tough time to appreciate the many first-year successes of the Biden Administration.

We are in an undeniable moment of peril and there is every reason for alarm, but also for hope. I will continue beating the drum on the urgency of passing measures such as the John Lewis Voting Rights Advancement Act, the Freedom to Vote Act, the Protecting Democracy Act, and the Judiciary Act, as well as holding those attacking our democracy accountable.

And in this end-of-year piece, I reflect on how what I learned from President Biden so many years ago gives me hope that in 2022 we can turn a corner. We can prevail in the work of defending and righting our democracy.

It was the summer of the Bicentennial. The summer I first saw a fax machine (which, during several minutes of noise, laboriously spooled out, on a curl of smelly, waxy paper, documents arriving from Wilmington to Washington). The summer after my sophomore year in college. The summer of 1976, when I interned for a then-wunderkind senator named Joe Biden.

Even as a kid, I was into history and politics. I knew that Biden, at the age of 29 — still too young to serve — had defeated a seemingly unbeatable incumbent. I was aware of the horrible car accident following his election, and how he rode back and forth by train to be there with his two little boys at bedtime. I watched Biden become “a liberal who breaks ranks” (as I described him in my diary), a gregarious, energetic, precocious, ambitious young senator.

My diary from 1976 shows me also to have been energetic, precocious, and — sometimes cringe-worthily — ambitious. I had a diverse network of friends and roommates. Despite a cascade of plays, movies, lectures, pleasure reading, and other distractions catalogued in my diary, I was excelling academically. I had succeeded in winning election as Speaker of the Yale Political Union, climbing to the top of the greasy pole among the other greasy pols at a school full of wannabes. And as my diary recounts, in blow by blows, 1976, as it happened was also the year I first had sex. With a woman.

When I reread the diary now, I am struck by how much this 19-year-old kid was doing, how well he was doing, how insightful and passionate he was about so much. And that, indeed, is how I’ve long remembered that year — a time of growth, accomplishment, and adventure.

But the diary also records what I had forgotten: so much second-guessing and self-doubt, a sense of losing ground and erratic confidence, critiques of my friends and myself… so much yearning outpacing my undeniable striving. I had forgotten how much perspective I did not have then on what really mattered, even as I was doing stuff that mattered and wrote endlessly in the diary about wanting to matter.

One of the things I wanted back then was to land a job in Washington. And so I was thrilled when the hotshot young Senator Biden agreed to come speak to the Political Union. After presiding, as Speaker, over his appearance, I wrote in my diary:

February 10: Senator Biden was impressive tonight. Young, energetic, warm, and intelligent. Egotistical to some extent…. I want to work for him…. I want a summer job in DC. This is important, unlike the Speakership. It’ll show that my credentials stand up in the ‘real world’ and will be that critical initial involvement leading to other jobs.

Over the next couple months — while juggling impressive courses and activities, and wrapping up the Speakership — I wrote letters, made calls, and even traveled to DC in hopes of securing an internship. My diary displays the determination and idealism with which, in the midst of my studies and activities, I pursued that ambition. For instance:March 8: A day of firsts and things that would have been orgasmic at one point in my life. Lunch with a congressman (we talked politics and then job), going on the floor of the House, sitting in the Speaker’s chair and standing at the podium where Truman gave the Truman Doctrine speech, where State of the Union speeches are given. Riding in Members Only elevators, hobnobbing with Senator Biden like a friend [but] no definite job…. Biden and I are becoming real chummy. His AA asked me back tomorrow, as the Senator and I kibitzed our time away. Good luck. I want a job so badly….

Senate Intern Pass, Summer 1976

Then, on April 20, I got the call.

For the next several months, my diary contains voluminous descriptions of an exciting, busy Bicentennial Summer in DC, and my thrills, frustrations, and aspirations as a witness to, and sometime participant in, the activities of an office of a Senator on the go. The numerous entries tended to go like these:

May 25: Attended my first Foreign Relations Committee hearing…. I sat on the stage behind the Senators and entered through the private doors. Funny how when I see the sign STAFF on the elevator, I almost turn away until I realize and then get a kick out of it…. Am going to slowly widen my activities until they see I’m reliable and capable. Did some press work (phoning in ‘actualities,’ quotations on tape from Biden…to radio stations in Delaware). I used a computer research machine, ‘Scorpio,’ to read a report on Rhodesia and took such stuff out on own initiative this evening, having ordered it from the Library of Congress. Tomorrow — sale of nuclear reactors. Must remember that my goal this year should be to know how an office and Congress run…not to make policy. I have eleven years (at least) to go on that….

June 3: To my great joy, I was assigned as the Intern for Foreign Relations. I’ve handled some relatively thorny constituent requests…. I also decided that the only way I would advance from office work (not exactly crap, but not policy-making either) would be to take initiative and show them what I can do. I figured that the one thing I know I’ve gotten from a Yale education that I would not have gotten on my own is the ability to write quickly and well. So, I made impressive inquiries at the Congressional Research Service, including a jaunt to the Library of Congress (where my researcher was shocked and probably a little annoyed to discover that I was younger than he, and not a Legislative Assistant) …. I submitted it to my L.A. [legislative assistant], a former C.I.A. guy who knows everyone in the foreign relations business (!); he seemed pleasantly surprised. I hope he’ll consider it good and timely enough to: A) submit it to Biden, and B) warrant including me, at least as an observer, in the substantive areas of senatoring.

June 9: Started work at Roy Rogers [where I moonlit nights to make some money during that unpaid summer internship].

July 21Was walking down the hall to the Foreign Relations Committee when [Vice Presidential nominee Walter] Mondale popped out (he has the office right across from us). He began walking right in front of me, and the TV people ran backwards ahead of us with bright lights and cameras. I was flanked with Secret Service — and hadn’t even tried to get into the picture! Couldn’t have done better if I’d tried. Had a low today, too: had to go pick up the Senator’s lunch. Although LA’s do it (and in other offices, it’s one of the high points of an intern’s day), it still rankled.

Even during that long-ago summer, I noted firsthand how much Biden cared about policy and government across a broad range of areas, tapping many sources of expertise and input, putting in the work. I wrote on June 16 that the Senator “does look at every single letter that goes out with his signature. He also rejects drafts and demands a lot — rightfully so.” I saw how engaged he was, and what a people person.

One diary entry, for instance, gives the flavor, recounting an outing at the beach with the Senator and the woman he was then dating whom I was introduced to as Jill — now our First Lady Dr. Jill Biden — whom I liked right off the bat and every time I was with her.

August 1: Yesterday…I went to Delaware to spend time at the Biden picnic for volunteers and supporters…. What a folksy state. The Senator running around clowning and taking pictures in his bathing suit, splashing with his kids in the water. The Governor [Sherman Tribbitt]– ‘howaya, Sherm’ — in loafers and short sleeves walking on the sand. Me playing ‘football’ with Beau and Hunt Biden (7, 6), then taking them in the cold ocean, counting continually to make sure — like a camp counselor — that there were 5 kids all the time, heads above the water and all….The kids gave me something to do other than fawn on the Senator, as I knew very few of the people there. At one point the Senator grabbed me and made a joke about Yale; I had walked in front of someone taking a picture with him — boy, was I embarrassed. He and I bantered a little, in and out of the water — but I still am not sure he knows my name… I still don’t know where I stand. I so want to be a part of things…

Back at school in the fall, I stayed in touch with the Senator’s office, and occasionally heard from him as well — treasuring every contact.

September 27: Got a nice note from Biden…. He says that he is glad I took him up on the suggestion that I keep in touch with ideas for legislation. He said, ‘You have always been a reservoir of ideas. [!] … In light of all your outside interests, I trust your studies are not suffering. Keep in touch… Joe.’

Soon, though, my diary reveals that I was busier than ever — juggling highs and lows of friendships, teaching Sunday School, and diving into a new role as Yale campus co-coordinator for the Carter-Mondale campaign, all while shouldering another challenging course load (my favorite semester at college, it turned out). And throughout, figuring out for myself what it was going to mean to be gay.

Of course, 1976 was a long time ago, and very early in my life. Still ahead of me lay graduating college and law school; the Peace Corps; decades of lawyering and activism; founding and leading the successful and transformative campaign to win the freedom to marry; teaching at Georgetown and Yale; close circles of friends (including, still, the college roommates I had written and worried about, and now, our respective spouses and partners); uncle-hood; travels; and a happy marriage to the man I love. In 1976, I had no way of knowing that this was what life held in store for me — but as I reread the diary, I can see now that the 19-year-old me was finding his way to at least two major lessons that have shaped my life (and been hallmarks of my work) ever since.

First, I learned that year that greatness as in “I want to be great” comes, if at all, from actual service, making a difference for others, rather than from the credentials and things I’d begun the year by pursuing — to be Speaker of the Political Union, or to be in politics for the sake of glory or even attention. I discovered that after striving to get elected Speaker, the actual position didn’t feel as worthwhile as I had thought it would, whereas engaging in debates (and meeting visitors like Biden), my grunt work organizing the campus and helping deliver a Connecticut win for Jimmy Carter, teaching students at Sunday School, and digging as an intern into substantive research — not to mention my actual studies — felt gratifying and proved meaningful.

I was learning for myself the lesson best conveyed in my favorite speech of Martin Luther King, Jr.’s, the one I hang on the wall of every office I’ve had. When they give my eulogy, Dr. King said, “tell them not to mention that I have a Nobel Peace Prize — that isn’t important. Tell them not to mention that I have three or four hundred other awards — that’s not important. Tell them not to mention where I went to school…. I’d like somebody to mention that [he] tried to give his life serving others… tried to love somebody. [All] of the other shallow things will not matter…. I just want to leave a committed life behind.”

My diary shows me learning another lesson, too: the power and affirmation that come from not wallowing in the negative, from being hopeful, from focusing on the pathway not the problem, from being kind — to others, and to myself.

While I wince at the young me’s sometimes shallow ambition and excessive judgment (“fancied greatness,” as another hero, Abraham Lincoln, described his youthful sense of self), I am simultaneously proud of what the young me was actually doing — even as he wrestled with what it meant and where he wanted to go. As the young me learned that year to pursue a committed life in a meaningful way, and to be charitable toward others, so older me is again reminded to be kind to my young self, too.

Then-Vice President Biden & Wolfson, Freedom to Marry Victory Celebration, July 9, 2015.

I last spent real time with Joe Biden when the then-Vice President spoke to the more than 1000 advocates and celebrants at Freedom to Marry’s Victory Celebration on July 9, 2015.

“Let me begin by saying I take full credit for Evan” were Biden’s opening words (greeted by laughter). He then shared lessons he’d learned from his father about love, his evolution in understanding gay people, and how he came to support the freedom to marry — even getting out in front a bit to help nudge the Administration along. He recalled his pivotal Senate role in defeating the anti-gay Robert Bork, nominated by Reagan to the Supreme Court. That, in turn, led to the appointment of Justice Anthony Kennedy instead, who went on to write the marriage victory we had worked for and were celebrating.

“In 1983, there was a Harvard Law essay making the constitutional case for marriage equality written by a young man,” Vice President Biden told the audience. “He said, ‘Human rights illuminate and radiate from the Constitution, shedding light on the central human values of freedom and equality.’…. That was the basis upon which I took on Judge Bork.”

“These were not words from an illustrious Supreme Court Chief Justice,” Biden concluded. “These are the words written by Evan Wolfson when he was in law school. Pretty courageous for a 26-year-old kid at Harvard Law School when the future looked so dark and lonely.”

Whether or not his former intern’s law school thesis on marriage, written just a few years after my internship, really had been top of mind in Biden’s thinking as he took on Bork and continued his Senate career, I still appreciated his generosity. It was yet another example of what I know I really learned from him.

When I endorsed him for president, I wrote that “Biden [sometimes] got things I cared about wrong — even, initially, my own work to win the freedom to marry. But, crucially, he has also always shown a willingness to listen and learn, an eagerness to explore new approaches and syntheses, a capacity to empathize and evolve.”

“I have seen firsthand,” I added, “how, unlike Trump, Joe Biden cares about governing, knows how the government works, and will work through it, not war on it…. Biden’s concern for people and deep knowledge and experience give him the ability to bring people together” and to deliver on good ideas to restore our democratic possibilities.

From a wunderkind senator, the embodiment of ambition, Joe Biden came to embody virtues of empathy, faith in government, and hope as a politician, candidate, and now, our president. On him now — and on us — literally rests the future of America as a democracy.

I can’t claim to know President Biden well enough to know every bit of his inner thinking, but from what I’ve experienced in interacting with him , it’s clear that in his own way, too, Joe Biden learned what I began learning under his tutelage: A committed life is found not in just the ambition to be great, but the ambition to “do great” — to do for others. To persevere and put in the work. To listen and to grow. To be kind. To be hopeful, and to convey hope. And, too, and always, the personal matters.

Now, heading into 2022, we must redouble our efforts to help (and push) President Biden and all true democrats. Together we must rally enough Americans to defend liberal democracy, reach for justice, combat inequality, and build America back better. We have to persuade, organize, hang in, maneuver, mobilize, and vote. What I learned as a college kid, and since, sustains my belief that we Americans can, yet again, meet the call to action and rise to the great work this moment and history require.

Vice President’s Remarks, Freedom to Marry Victory Celebration, July 9, 2015

*********************

Evan Wolfson led the campaign to win the freedom to marry for same-sex couples. Since victory in 2015, he advises and assists diverse movements in the US on “how to win,” as well as activists seeking to win marriage in other countries worldwide.

*********************

The preceding piece was previously published on Medium and is republished with permission.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Commentary

LGBTQ people deserve freedom, a sense of home, and belonging

Latoya Nugent found refuge in Canada after fleeing Jamaica

Published

on

Latoya Nugent, center, at the March for LGBTQ+ Rights in Toronto on May 16, 2024. (Photo courtesy of Rainbow Railroad)

Seven years ago, my fight for queer liberation in notoriously homophobic Jamaica culminated in a violent and brutal unlawful arrest and detention. This was the peak of decades of persecution due to my sexual orientation and work as a queer human rights defender and activist. It completely broke me and silenced me. I suffered severe emotional trauma, from which I am still recovering years later. 

Following that life-threatening arrest, I became a shell of who I once was. I cut off communication with my community for several years, unable to face my fear of the police and the hostility of the world around me. 

In 2022, I was one of the 9,591 at-risk LGBTQI+ people who reached out to Rainbow Railroad for help. Through the organization’s Emergency Travel Support (ETS) program, which relocates at-risk LGBTQI+ people and helps them make asylum claims in countries like the U.S., I resettled in Canada where I’ve been living safely with dignity and pride. 

This Pride Month, I’m reflecting on what it means to be safe. Who has access to safety and why others are excluded from it. What is our collective role and responsibility in expanding safety for our queer and trans communities, especially those in the over 60 countries that criminalize LGBTQI+ people? 

Safety means different things to different people depending on our experiences and journeys. For me, it’s the difference between suffering and thriving, feeling worthless and worthy, and feeling hopeless and hopeful. It is the difference between displacement and belonging. 

Rainbow Railroad recently released a report that examines the state of global LGBTQI+ persecution, drawing on data from 15,352 help requests spanning 100+ countries. This report is significant for several reasons, chief among them is the reality that no other organization or government captures the breadth and depth of data on LGBTQI+ forced displacement, perpetuating the invisibility of queer individuals in humanitarian responses. The report is an important contribution to the discourse on the intersection of queer identity, LGBTQI+ persecution, forced displacement, and humanitarian protection systems. 

Of all the data and insights uncovered in the report, I was most struck by one statistic — 91 percent of at-risk LGBTQI+ individuals relocated through the ETS program reported an improved sense of personal safety. This statistic is particularly personal to me because ETS was the only relocation option accessible to me in 2022 when I reached out to Rainbow Railroad for help. 

I am in that 91 percent because I am now thriving. I feel worthy. I am hopeful about life. And I belong. 

Today, among the 120 million forcibly displaced people around the world, queer and trans individuals face compounded complications from homophobia and transphobia while trying to access protection and safety. And while the anti-gender movement continues to swell in some states, I firmly believe that the U.S. remains a global leader in refugee resettlement — which is why the U.S. government must uphold its international obligations and reverse its recent executive order that imposes severe restrictions on the right to seek asylum. 

Queer and trans individuals deserve freedom, a sense of home, and belonging — realities that flourish only when rooted in the bedrock of safety. 

There is a lot more work to be done. It’s challenging. It’s complex. It’s costly. But I have experienced firsthand what the transformative impact of Rainbow Railroad’s work has on someone’s life — that ability to lift people out of danger into safety is something worth celebrating this Pride. 

Latoya Nugent is the head of engagement for Rainbow Railroad.

Continue Reading

Commentary

Reflecting on Center Faith’s Pride interfaith service

Much work to be done before welcoming the world in 2025

Published

on

(Photo by WINDCOLORS/Bigstock)

“We must not rest! We must not rest! We must not rest!” These words rang out in Foundry Methodist Church during Center Faith’s recent 2024 Pride Interfaith Service. Rev. Cathy Alexander, associate pastor at the Metropolitan Community Church (MCC)-Washington, DC, implored everyone in attendance to keep fighting “until the doors of churches and temples and houses of faith open wide in welcome to all people.” She quoted Reverend Troy Perry, founder of the first MCC church in 1968, from the 2000 Millennium March for Equality. 

It was a moving reminder of the many LGBTQ elders who have passed on, who have fought for LGBTQ rights today and made this service, held in a rainbow draped church, possible. This was especially meaningful as this year’s service also remembered Allan Armas — co-founder of the Pride Interfaith Service — who died this past October. 

Held on a drizzly evening, the service began with an opening drum call to gather by members of the Unity Fellowship Church of Washington, D.C., and a procession of all presenters. Church Elder and Unity Fellowship Pastor Akosua McCray offered a libation to the ancestors, like Armas, who won many of the rights that LGBTQ individuals have today. “Let us together call out their names and invite their spirit here today,” McCray shared. “Carlton Smith,” an attendee shouted from the back. “Allan Armus,” said another. “Marsha P. Johnson.” “Bishop Thomas Gumbleton.” With each name, McCray filled a red vase with water in their honor. 

Thus commenced the 41st annual Pride Interfaith Service, focused on the radical past, present, and future of LGBTQ interfaith action in the nation’s capital. The three-part service resonated with Capital Pride’s theme of “Totally Radical!” and included representatives from the DC LGBTQ+ Community Center and Mayor’s Office of LGBTQ Affairs. McCray’s Libation was the first part of the creation and blessing of a sacred space, featuring a call to the elements, directions and divine by Jonathan White of Stone Circle Wicca, a call to prayer by Nabeel Kirmani and translated by Sister Michelle Munson of Muslims for Progressive Values, and an opening prayer by Rev. Thomas Wieczorek from the National Catholic Church, among others. 

GenOut Chorus, the youth chorus for the Gay Men’s Chorus of Washington, D.C., provided music, opening with Philip Silvey’s “Always a Place for You.” Their song began a reflection on the radical origins of the Pride Interfaith Service all the way back to the 1960s. Reverend Elder Robert “Michael” Vanzant, a Doctor of Theology at the Faith Temple and one of the pioneers of the Pride Interfaith Service, recounted his own journey from a fundamentalist rural Southern community all the way to the steps of the Temple Church of God in Christ on Sunday, Sept. 19, 1982. 

Together, he and 16 others “embraced being same-gender loving and created a gathering of predominantly people of color, called a Third World gathering, to create a community for our sacred selves.” They gathered with signs, his reading “My house shall be called a house of prayer for all people” (Isaiah 56:&, Mark 11:17), after a Church elder Dr. James Tenney was told by the Bishop that by including LGBTQ+ individuals at All Souls Church DC, he had excommunicated himself from the Church. The bishop warned that Tenney’s problem was that he had no shame so the group gathered that Sunday morning before and after church “bearing witchess that we lived our lives without shame.” Thus Faith Temple was born. 

Rev. Cathy Alexander reflected on MCC’s own history, followed by Rev. Eric Eldrith, Pagan clergy with Circle Sanctuary, Kirmani, Jonathan White, myself, and Armas’s best friend cellist John Kaboff sharing fond memories and words of love and life about Armas. Eldritch spoke to Armas’s radical welcome of him as an ex-ex-gay fundamentalist to a Radical Faerie to Pagan clergy at Circle Sanctuary. This tribute spoke to the importance of all including faith communities beyond Abrahamic traditions. Pagan, Wiccan, and folk magic communities have for centuries been places of belonging and acceptance for LGBTQ+ people but are normally excluded from LGBTQ+ religious historical narratives. Armas challenged this exclusion. 

“His deeply held Jewish faith,” White explained, “led him to care passionately about justice and liberation for all people, especially LGBTQ+ people, and to pursue justice as part of his own spiritual journey. He was humane, kind, thoughtful–he was a mensch. May his memory be a blessing.” He led his community surrounded by elders until he himself became one; one of the far too few LGBTQ+ elders who see the realization of their efforts. White celebrated this queer elderhood in Armas’s faith community, of bringing his experiences and wisdom to the community he helped to create. Kaboff played a Jewish funeral piece–one performed at an annual memorial service Armas founded, and Rabbi Jake Beilin-Singer blew the shofar, an instrument sounded during High Holy Day services, in recognition of his leadership. 

Armas’s radical welcome has made LGBTQ faith experiences possible, from radical living as interfaith families, to radical justice through collective liberation, to radical presents through living as authentic selves, and radical leadership through DC’s LGBTQ+ religious leaders including the first lesbian rabbi, Julie Spitzer, at the Baltimore Hebrew Congregation in 1987. Even radical pride from that first Pride Interfaith Service in 1983. 

During this time when over 500 anti-LGBTQ bills have been introduced in state legislatures across the country, lay member of Sunstone Chapel Ebony C. Peace called us to remember, “hatred continues to come our way in full force because our liberation threatens their control. The liberation of all people threatens them. They are coming at us strong because we ourselves have become stronger.” It is only through love, Peace shared, that we can drive out hatred. This was especially true when two protestors interrupted the service, and were met with all attendees singing “This Little Light of Mine” to drown out their voices as ushers escorted them outside. 

The service ended by envisioning this future of love, including radical inclusive love in faith communities and interfaith relationships that imagine a future of collaboration with newly established groups like Queerly Gathered, introduced by Presbyterian minister Matt Nabinger and Cali Bronkema. 

Richmond looked ahead toward World Pride to be held in D.C. in 2025. Just as attendees committed this year’s service to “demonstrating the breath, depth, and sincerity of our faith, exposing the lie that anti-gay fundamentalists have a monopoly on faith and religion,” Pride Interfaith Service planner Jonah Richmond shared, next year’s service will include people from around the world remembering their LGBTQ religious histories, celebrating their presents, and pushing for LGBTQ+ religious liberation and community. It will celebrate LGBTQ elders of faith from around the world. As Alexander said, we must not rest! There is much work to be done before welcoming the world at the next service on June 3, 2025. 

Emma Cieslik served as a historian for this year’s Pride Interfaith Service.

Continue Reading

Commentary

To comply or not to comply is not the question

Implementation of pro-LGBTQI+ rulings in Botswana and Namibia is unsatisfactory

Published

on

(Washington Blade photo by Michael Key)

Over the past five years, the highest courts in Namibia and Botswana have made significant decisions in favor of minority groups’ human rights through favorable judgments and court orders. However, the implementation of these orders related to the rights of LGBTQI+ in Botswana and Namibia has not been satisfactory so far. 

In 2016, the Botswana Court of Appeal ordered the Registrar of Societies to register the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) after they had been denied registration based on the criminalization of same-sex sexual conduct. In 2017, the High Court of Botswana pronounced that denying a transgender man legal gender recognition undermines their dignity and humanity and ordered the Ministry of Home Affairs to change his identity documents from female to male. In 2021, the Court of Appeal in Botswana decriminalized consensual same-sex sexual conduct. In May 2023, the Supreme Court of Namibia ordered the government to recognize same-sex unions concluded outside Namibia, where same-sex marriages are legal in terms of the Immigration Act. While all these cases constitute landmark cases in securing and guaranteeing the rights of LGBTIQ persons, there is a growing trend of non-implementation when it comes to such judgements.

Government officials have partially or selectively implemented or completely disregarded the court decisions. In the LEGABIBO registration case, the Botswana Court of Appeal found that it is unconstitutional to deny registration under the assumption that LGBTQI+ are not recognized in the Bill of Rights and will offend the morality of the nation. The court found that LGBTQI+, like any other citizen or group of people in Botswana, have the right to freedom of association, expression and assembly, and issued an order for LEGABIBO to be registered, an order that was fulfilled promptly. However, seven years later, in March 2024, an LBQ group’s efforts to register are met with sentiments similar to those before the LEGABIBO jurisprudence. Senior public officials resisted the highest court decision to register this new group. Although their reasons are not stated as clearly as LEGABIBO rejection, government officials are still surreptitiously blocking the registration of LGBTQI+ organizations. 

Similarly, we have observed the selective application technique unfolding in legal gender recognition cases. In this case, the government officials have interpreted this as a single order that only applies to the applicants and not “all persons.” According to anecdotal evidence based on the experiences of individuals who sought legal gender recognition, they are instructed to acquire individualized court orders, a complete misinterpretation of the court’s instructions, burdening the courts to issue duplicate orders. This selective interpretation is a covert move by government officials to undermine judicial decisions and transfer the responsibility and burden of implementation to resource-constrained individuals, limiting access to justice. What is also curious is why the court system does not address repeat applications on the same issue. 

With the decriminalization court order, the attorney general acted in contempt of the judgment when he, instead of scrapping Sections 164 (a) and (c), blatantly ignored the court order and put a bill before parliament for debate. The highest court in Botswana had made a carefully considered decision to decriminalize, as indicated by a statement from SALC (Southern Africa Litigation Center) and by many contributors to this issue; there is no need to debate; the court has decided.

In Namibia’s case, compliance with the court order means recognizing foreign partners in same-sex marriages with their Namibian partners as spouses, thereby issuing them an immigration status that allows them to reside and work in Namibia. Despite the commitment by the Ministry of Home Affairs to comply, government Officials still refuse to respect the Supreme Court ruling, as indicated by Mr. Digashu’s experience: 

“In one of my many visits to the immigration offices, the officer informed me that the court order was only meant for the couples directly engaged in the court case, unaware that I was one of those couples. I got the impression that the immigration officials have adopted a dishonest tactic to deter other same-sex couples, letting them believe that the judgement does not protect them.”

One of the most significant contributors to non-compliance is the media. The media reports on the Supreme Court decision on the Digashu/Seiller-lilies matter ran with the sensational headline “Supreme Court gives legal status to same-sex marriages,” misinforming the public and fueling negativity. Misinformation affects not only the litigants and community members but also feeds the already hostile public attitudes towards LGBTQI+ persons. Members of parliament and religious communities put pressure on government officials. Unfortunately, parliament responded with a marriage bill that contradicted the judgment, Instead of clarifying what the ruling means and whom it affects. Public officials reflect legislators’ sentiments, disregarding principles of democracy, the rule of law, and justice for all, which are clearly stated in the constitution, and further undermining the independence of the judiciary. 

These are only a few of the many court orders that government officials have disregarded to the disadvantage and inconvenience of the minority who went to court to seek redress. For example, in the case of Mr. Daniel Digashu, he is given a visitor’s visa every time he leaves the country, which means he is forced to exit the country at its expiration date or face the wrath of the law. The cost of frequent travel and the personal emotional toll on himself and his family is insurmountable. Let alone constant dealings with questions, often followed by ridicule from immigration officials.

The question, therefore, is, what must happen to government officials who disregard court orders? 

The chief justice in Kenya offers a solution to this conundrum. Recently, the chief justice observed that senior government officials are guilty of defying court orders and suggested remedies such as impeachment of individual officers responsible. Botswana and Namibia must take a leaf out of that book.   

Of great concern is also that government officials are not transparent about the limitations of the court orders to enable the litigants and beneficiaries to seek clarification from the courts, nor are they open to engaging with civil society and affected communities to improve compliance. Are the court orders vague and, therefore, challenging to implement? Being transparent about implementation constraints will go a long way in guiding civil society on how they can support the government. Even in their resource-constrained status, CSOs must continue to monitor compliance and return to the courts for enforcement, including publicizing non-compliance in the media for public engagement. 

In conclusion, the rule of law requires that all court decisions be implemented promptly, thoroughly and effectively. The government has no choice whether to execute or not execute the court orders. 

The authors are consultants at the Southern Africa Litigation Center (SALC). SALC promotes and advances human rights and the rule of law in Southern Africa, primarily through strategic litigation and capacity-strengthening support to lawyers and grassroots organizations.

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular