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Flood of anti-homosexuality bills in Africa threatens us all

Ugandan lawmakers on Tuesday approved revised Anti-Homosexuality Bill

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(Photo by NASA)

Castration. Banishment. Execution.

This is the fate that a slew of new bills and their proponents in Africa seek for lesbian, gay, bisexual, transgender and queer (LGBTQ) people: Not only to criminalize adult same-sex sexual intimacy, but to eradicate sexual and gender diversityā€“including by executing queer people. 32 countries in Africa already criminalize consensual same-sex conduct. The new wave of laws goes much further, enforcing public silence around LGBTQ peopleā€™s existence, enlisting citizens as spies, and making every human rights proponent a potential criminal. 

LGBTQ Africans are a fact of life. No law will make them disappear. But by promoting laws that posit queer peopleā€™s very existence as a problem to be eliminated, and constructing an unseen enemy that could be hiding around any corner, politicians convince the public to accept shockingly repressive legislation. 

The ideology underpinning such laws is nothing short of genocidal. Under international law, genocide is the attempt to destroy a group of people, in whole or in part, including by ā€œdeliberately inflicting on the group conditions of life calculated to bring about its physical destruction.ā€ The strict legal definition of genocide only applies to ā€œnational, ethnical, racial or religiousā€ groups, but no other term as clearly captures the depravity of legislation that seeks to eliminate people because of their sexuality or gender. 

Genocidal ideology underlies Ugandaā€™s Anti-Homosexuality Bill of 2023, passed by Parliament on March 21. It attracted international condemnation as possibly the worst anti-LGBTQ law anywhere in the world, imposing the death penalty for some forms of consensual same-sex conduct. That bears repeating: 387 members of Parliament in Uganda voted to subject gay people to the firing squad for consensual sex. They voted for the death penalty yet again after President Yoweri Museveni returned the bill to Parliament on April 20, requesting amendments including the removal of the death penalty. The revised bill, passed on May 2, contains only minor changes. Families and landlords will still be forced to turn out queer people living into the streets. Speaking up for the ā€œnormalizationā€ of sexual and gender diversity, or funding work that advances human rights or economic inclusion for LGBTQ people, still leads to a 20-year prison sentence. Prison officials and social welfare agents would be tasked with ā€œrehabilitatingā€ people convicted under the bill in a form of state-sponsored ā€œconversion therapyā€ practices. The law maintains a ā€œduty to reportā€ anyone suspected of homosexuality, calling on everyone in Uganda to support the police state by spying on their neighbors, family members and coworkers.

Uganda is only the tip of the iceberg. Its brand of virulent homophobia appears to be contagious: In Kenya, MP George Peter Kaluma submitted the Family Protection Bill of 2023 to the National Assembly on AprilĀ 7. The bill was a harsh response to a Supreme Court victory affirming that the National Gay and Lesbian Human Rights Commission had the constitutional right to register and operate as a non-governmental organization. Kenyaā€™s proposed law follows Ugandaā€™s example in providing the death penalty for some consensual same-sex acts, prohibiting organizations from ā€œnormalizingā€ homosexuality, and penalizing landlords who rent living quarters to persons in same-sex relationships. It copies and pastes language from Ugandaā€™s bill that forces citizens to become thought police:Ā If you ā€œsuspectā€ that someone ā€œintendsā€ to commit an act prohibited by the proposed law and do not report them, you can be fined or jailed. It also prohibits ā€œcross-dressing,ā€ an attempt to specifically legislate trans people out of existence.

Ghanaā€™s Human Sexual Rights and Family Values Act of 2021, currently before Parliament, seems to have provoked less global outrage: It prescribes 3-year prison sentences for offenders rather than life imprisonment or the death penalty. Yet some of its provisions are even more draconian. They criminalize the very existence of diverse identities and orientations: a person can be shut behind bars for ā€œholding outā€ asĀ ā€œlesbian, gay, bisexual, transgender, transsexual, ally, pansexual and any other diverse sexual or gender identity.ā€ Again, an attempt to legislate queer people out of existence.

Other proposed anti-homosexuality legislation looms in Francophone countries that were spared the British colonial heritage of criminializing so-called unnatural offenses. In Mali, Justice Minister and Keeper of the Seals Mahamadou Kassogue described homosexuality as ā€œan unnatural relationship,ā€ stating that it would soon be banned and that the Malian ā€œjustice does not accept this practice of homosexuality.ā€ In Niger, President Mohamed Bazoum made remarks on the intention to introduce a new Penal Code that would criminalize homosexuality. 

The tabling of legislation has been accompanied by a barrage of comments from politicians calling for atrocities to be perpetrated against LGBTQ people. On March 21 during Ugandaā€™s Parliamentary Caucus on the Anti-Homosexuality Bill, MP Sarah Opendi made statements to the effect that life imprisonment upon conviction for homosexuality is inadequate, adding that the most appropriate sentence would be castration. In Tanzania, a senior ruling party member Mary Chatanda also called for castration of people in same-sex relationships in March. Like Uganda, Tanzania already has a life sentence on the books for ā€œunnatural offensesā€ and while no new law is pending, Chatandaā€™s comments were followed by a spike in anti-LGBTQ violence and raised fears that new laws might be tabled. Still within the same month, Burundi President Evariste Ndayishimiye urged citizens to “curse those who indulge in homosexuality, because God cannot bear it.” He added that “they must be banished, treated as pariahs in our country.” Queer people are already denied other fundamental rights in Burundi, where the law lists homosexuality as a basis of expelling students from secondary schools, thus interfering with the right to access education.

From the death penalty to elimination of safe access to housing, health care and education to calls for castration, banishment and mandatory ā€œconversion therapyā€ practices, these laws and statements share one characteristic: They seek to destroy LGBTQ lives and livelihoods. Outright has documented how even before such bills are passed, they contribute to increased violence by members of the public as well as by law enforcement officials. These bills are deadly, and while legislating the elimination of queer people from public existence may not legally constitute genocide, it is genocidal thinking. Politicians who call for the execution, castration or banishment of queer people should also be aware that they are advocating crimes against humanity. The implementation of such laws could be tantamount to gender persecution ā€” persecution on the basis of gender as part of a widespread or systematic attack directed against any civilian population ā€” which is prohibited under the Rome Statute that established the International Criminal Court.  

Meanwhile, not only queer people but also the general public in countries passing such bills will see their rights eviscerated through provisions that regulate what opinions they can express, what human rights causes they can support and to whom they can provide goods and services. Internet users, medical providers, artists, well-wishers, allies and creatives will find themselves in conflict with these laws.

Human rights are universal, inherent, inalienable and indivisible. Outright not only recommends that these bills are not affected into law, but also urges all civil society to condemn such moves to curb the enjoyment of human rights and fundamental freedoms in the name of eliminating LGBTQ existence. 

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Opinions

A confused Biden and a deranged Trump

Sad state of affairs after first presidential debate

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Former President Donald Trump and President Joe Biden debate on CNN on Jun 27, 2024. (Screen captures via CNN)

Joe Biden was clearly ready with some facts for this debate, the sad part is he couldnā€™t articulate them. He sounded raspy, and lost track of what he was saying in the first few minutes of the debate. He did get better as the debate progressed but came off sounding and looking like an old man. For those of us hoping he would sound like he did at the State of the Union, or the speech he gave on anti-Semitism, it was a huge disappointment. 

So, where his campaign goes from here is anyoneā€™s guess. Behind the scenes some Democrats are calling for him to step down as the candidate. But that is much more difficult than it seems at this time. And then, will there be a fight for who the candidate will be. Will it automatically be Kamala Harris, or will it be someone else?  So many unanswered questions over the next couple of weeks.

The only positive take-away for Democrats from the debate was how deranged Donald Trump sounded. He refused to deal with any issue, refused to say he would accept the results of this election, refused to acknowledge climate change, or Jan. 6, and kept saying how the states should control the issue of abortion, and womenā€™s health. Every one of these things should be frightening to so many people. It is clear if Trump is elected, we will have a dictator in the White House, who believes Hitler did good things. His election is scary for women, young people, Black Americans, and the LGBTQ community. If states control issues related to any of these groups, they are screwed. 

One of the very few good lines Biden got across was when he said 40 high-level Trump appointees, members of the Cabinet, and his vice president, have refused to endorse him as they know him best. People need to take their word for how bad he will be should he be reelected. Trump kept talking nonsense and it was hard to keep up with the lies. The moderators didnā€™t call him on any of it, but CNN has said before the debate they wouldnā€™t. But then Biden missed so many chances to call him on the garbage he was spouting. I kept hoping he would turn to him and say clearly, ā€œYou canā€™t believe all the BS you are spouting. You sound like a deranged six-year-old and someone who would take our country down the tubes.ā€

Now I accept the fact Biden speaks more slowly and softly. Though after the debate they said he had a cold. He could have said that at the beginning of the debate, if it was true, and explained his voice to the audience. And while we know he has a stutter, it seemed so much worse during the debate than it normally does. Was it nerves, maybe, but difficult nonetheless for him, and for those listening. We must have compassion for anyone with any kind of a disability. Then one had to ask, was he over-prepared for this debate? Was he so scripted he didnā€™t dare say anything off script. When he did, they got into this thing about golf handicaps and both sounded so childish. 

Biden did manage to talk about the things he has done, and the successes of his first administration. There have been many. First bringing the country successfully out of the pandemic. He spoke about unemployment being the lowest it has been in decades, and the more than 15 million jobs created since he took office. He was honest about inflation and the fact that not all the economic successes the country is having are trickling down to every American. He understands that rents are high, and grocery bills are still too high. He made clear he wants to raise taxes on the rich and Trump wants to lower them. He had a plan to ensure Social Security would stay solvent, Trump had nothing as usual. 

Finally, I was surprised that in his two-minute closing, Biden didnā€™t go back to the issues of abortion, climate change, and saving democracy. Did his debate prep team tell him not to? If so, they were wrong. Whether it remains Joe Biden on the ticket, or is someone else, I am 1,000% committed to do everything I can to see Democrats are elected across the board. It is clear to me, and should be to all decent people, electing Donald Trump and his MAGA Republicans, will be the end of our country as we know it today.Ā 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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As fewer anti-LGBTQ bills pass, the fight gets harder

A growing indifference to suffering that is baked into the legal system

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(Photo by Proxima Studio/Bigstock)

In recent years, advocates have faced an unprecedented avalanche of anti-LGBTQ legislation each spring. In 2024, however, the onslaught seems to have faltered somewhat. While hundreds of anti-LGBTQ bills were once again introduced, as many state legislative sessions draw to a close, fewer bills have been enacted into law.

While that may seem like cause for celebration, itā€™s also cause for concern.

To be sure, the slowdown in anti-LGBTQ legislation is welcome. Beginning in 2020, legislation targeting transgender rights in particular had sailed through state legislatures, with the number and scope of hostile bills increasing each year. Unlike earlier years when one or two prominent anti-LGBTQ bills triggered a national pushback that often chastened lawmakers, hundreds of bills have been introduced during legislative sessions in the last four years, often with little debate or scrutiny, and dozens of them zealously passed into law.

Those bills do real damage when they are enacted, cutting LGBTQ people off from material benefits like health care and domestic violence sheltersrecognition by the state, and equal participation in public life. Even when they fail to become law, they have devastating effects on the mental health of LGBTQ people, throwing their lives into disarray and sapping valuable time and energy from LGBTQ communities. This especially affects children, with more than 90 percent of LGBTQ young people in a recent Trevor Project survey reporting that politics had negatively affected their personal well-being.

But the recent slowdown, far from being a positive signal, may well reflect a growing indifference to the suffering of LGBTQ people that is now baked into the political and legal system. Opponents of LGBTQ rights have normalized hostile rhetoric and enacted draconian laws that seemed unthinkable just a couple of years ago, and even ardent supporters of equality find themselves unsure how they might reverse state laws that unapologetically strip away LGBTQ rights.

If anything, it has become apparent that the damage that has been done since 2020 will most likely reverberate for a generation, and the past year shows that restoring and advancing LGBTQ rights will be a painstaking endeavor.

And one sobering reason for the slowing pace of anti-LGBTQ legislation is that, at this point, many conservative states have already stripped away important rights, particularly for transgender children. As of 2024, half of the states in the U.S. prohibit transgender girls from playing school sports, and half have banned or criminalized at least some forms of medically indicated healthcare.

Put differently, lawmakers arenā€™t targeting some rights this year because theyā€™ve already eviscerated them.

Yet even as the pace of legislation slows, critical rights continue to be stripped away. According to the ACLU, more than 30 anti-LGBTQ bills have been enacted in 2024 ā€” fewer than the 84 enacted in 2023, but still far too many. Among them, Utah and Mississippi restricted transgender people from accessing bathrooms and locker rooms in public schools and other government buildings.

Lawmakers in Ohio overrode the governorā€™s veto to ban transgender children from receiving gender-affirming care or playing sports consistent with their gender identity. South Carolina and Wyoming similarly enacted blanket bans preventing transgender children from accessing gender-affirming care.

Many of the bills that have been introduced this year sought to expand existing anti-LGBTQ legislation in new ways. Alabama, for example, successfully expanded its bathroom ban from K-12 schools to colleges and universities. Even those that didnā€™t pass are in many cases likely to be reintroduced after the 2024 election, particularly if anti-LGBTQ lawmakers increase their showing in state legislatures or if governors who are supportive of LGBTQ rights are no longer positioned to veto hostile legislation.

In many states with anti-LGBTQ legislation, administrative and regulatory agencies are being used to curtail LGBTQ rights even further. Florida offers an instructive example. Even after years of anti-LGBTQ legislation, the Florida Department of Highway Safety and Motor Vehicles took things a step further within its mandate, and decided in 2024 that transgender people could no longer update the gender marker on their driverā€™s licenses. This echoes recent regulatory crackdowns elsewhere in the United States, from the Texas Department of Family and Protective Services investigating parental support for transgender children as child abuse to school boards across the country stripping away lifesaving resources in schools.

And while many believed that courts would provide a bulwark against discriminatory legislation and regulations, in part because of strong Supreme Court precedent to suggest that anti-transgender discrimination is a form of sex discrimination, that has not consistently been the case. Trial courts have largely found in favor of transgender litigants, criticizing the insufficient justification and discriminatory purpose of anti-transgender laws, but some appellate courts have nevertheless allowed the laws to take effect.

Perhaps most alarming, there are advocates and lawmakers who, if in a position to do so, are eager to carry out an even harsher attack on LGBTQ rights. Project 2025, which a group of conservative organizations has drafted as a roadmap for a second Trump administration, promises an even more draconian attack on LGBTQ rights. This would include rolling back existing nondiscrimination protections for LGBTQ people, reinstating the transgender military ban, and codifying state restrictions on transgender rights at the federal level, in addition to limiting recognition of same-sex relationships.

The anti-LGBTQ backlash may be waning in certain respects ā€” but in other ways, it has only just begun. As we celebrate Pride, LGBTQ people and their allies should be mindful of the need to support those communities whose rights are being eroded, invest in transgender rights organizing, demand that lawmakers prioritize LGBTQ rights, and fight for the independent institutions and protections for basic freedoms that are essential to hold power to account.

Ryan Thoreson is a specialist on LGBTQ rights at Human Rights Watch and teaches at the University of Cincinnati College of Law.

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Commentary

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

Latoya Nugent found refuge in Canada after fleeing Jamaica

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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 organizationā€™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 Iā€™ve been living safely with dignity and pride. 

This Pride Month, Iā€™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, itā€™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 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 Railroadā€™s 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.

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