Commentary
Dispatch from Kyiv
Intersex activist remains in Ukrainian capital with mother
War came to our house suddenly and severely. It was brought by a cruel and ruthless aggressor: Russia.
More than 10 million Ukrainians were forced to seek refuge around the world, where it is much safer today. My elderly mother and I stayed in Kyiv because she needs daily help and support, and she can’t move far from home because of her poor health.
It is not easy for an intersex person to live in Ukraine, even in peacetime, but in times of war it is even tougher. Moreover, without the appropriate ID (passport) that corresponds with my gender and appearance, it is nearly impossible for me to leave the country.
More than 10 years have passed since I began my struggle to get a correct document, but today the lack of one creates for me a real danger. During the occupation of Bucha and Irpin and other cities we lost touch with some our intersex colleagues. We do not know what happened to them, and for me it’s very scary because as it turned out I live just 10 km from the frontlines.
I am well-known to the Russians because of my activism, and as it turned out they are not tolerant of Ukrainians. I know that they are even more cruel towards people like me. They also slaughter LGBTIQ people; torturing them before killing them.
Julia Pustovit is the head of Egalite Intersex Ukraine, the first intersex rights organization in Ukraine. Pustovit lives in Kyiv, Ukraine, with her mother.
Commentary
LGBTQ people deserve freedom, a sense of home, and belonging
Latoya Nugent found refuge in Canada after fleeing Jamaica
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 organizationās 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 Iāve been living safely with dignity and pride.
This Pride Month, Iām 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, itās 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 ā 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 ā which is why the U.S. government must uphold its international obligations and reverse its recentĀ executive orderĀ that imposes severe restrictions on the right to seek asylum.Ā
Queer and trans individuals deserve freedom, a sense of home, and belonging ā 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 Railroadās work has on someone’s life ā 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.
Commentary
Reflecting on Center Faithās Pride interfaith service
Much work to be done before welcoming the world in 2025
āWe must not rest! We must not rest! We must not rest!ā These words rang out in Foundry Methodist Church during Center Faithās 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 āuntil the doors of churches and temples and houses of faith open wide in welcome to all people.ā 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 yearās service also remembered Allan Armas ā co-founder of the Pride Interfaith Service ā 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. āLet us together call out their names and invite their spirit here today,ā McCray shared. āCarlton Smith,ā an attendee shouted from the back. āAllan Armus,ā said another. āMarsha P. Johnson.ā āBishop Thomas Gumbleton.ā 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 nationās capital. The three-part service resonated with Capital Prideās theme of āTotally Radical!ā and included representatives from the DC LGBTQ+ Community Center and Mayorās Office of LGBTQ Affairs. McCrayās 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 Menās Chorus of Washington, D.C., provided music, opening with Philip Silveyās āAlways a Place for You.ā Their song began a reflection on the radical origins of the Pride Interfaith Service all the way back to the 1960s. Reverend Elder Robert āMichaelā 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 āembraced 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.ā They gathered with signs, his reading āMy house shall be called a house of prayer for all peopleā (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 Tenneyās problem was that he had no shame so the group gathered that Sunday morning before and after church ābearing witchess that we lived our lives without shame.ā Thus Faith Temple was born.
Rev. Cathy Alexander reflected on MCCās own history, followed by Rev. Eric Eldrith, Pagan clergy with Circle Sanctuary, Kirmani, Jonathan White, myself, and Armasās best friend cellist John Kaboff sharing fond memories and words of love and life about Armas. Eldritch spoke to Armasās 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.
āHis deeply held Jewish faith,ā White explained, āled 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.ā 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 Armasās 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.
Armasās 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 DCās 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, āhatred 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.ā 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 āThis Little Light of Mineā 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 yearās service to ādemonstrating the breath, depth, and sincerity of our faith, exposing the lie that anti-gay fundamentalists have a monopoly on faith and religion,ā Pride Interfaith Service planner Jonah Richmond shared, next yearās 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.Ā
Emma Cieslik served as a historian for this yearās Pride Interfaith Service.
Commentary
To comply or not to comply is not the question
Implementation of pro-LGBTQI+ rulings in Botswana and Namibia is unsatisfactory
Over the past five years, the highest courts in Namibia and Botswana have made significant decisions in favor of minority groupsā 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 groupās 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 āall persons.ā 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 courtās 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.Ā
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 Namibiaās 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. Digashuās experience:
āIn 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.ā
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 sensationalĀ headlineĀ āSupreme Court gives legal status to same-sex marriages,ā 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, parliamentĀ responded with a marriage bill that contradicted the judgment, Instead of clarifying what the ruling means and whom it affects. Public officials reflect legislatorsā 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.Ā
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 visitorās 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.
-
Canada2 days ago
Toronto Pride parade cancelled after pro-Palestinian protesters disrupt it
-
Baltimore4 days ago
Despite record crowds, Baltimore Prideās LGBTQ critics say organizers dropped the ball
-
Sports5 days ago
Haters troll official Olympics Instagram for celebrating gay athlete and boyfriend
-
U.S. Supreme Court1 day ago
Concern over marriage equality in US grows two decades after first Mass. same-sex weddings