The Supreme Court says it won’t review the case of a Seattle-based Christian organization that was sued after declining to hire a bisexual lawyer who applied for a job. A lower court let the case go forward, and the high court said Monday it wouldn’t intervene.
Two justices, Justice Samuel Alito and Justice Clarence Thomas, agreed with the decision not to hear the case at this stage but said that “the day may soon come” when the court needs to confront the issue the case presents.
The case the high court declined to hear involves Seattle’s Union Gospel Mission. In addition to providing food and shelter to the homeless the organization offers addiction recovery, job placement and legal services. In 2016 it was looking for an attorney to help staff its legal-aid clinic.
One of the applicants was Matthew Woods, who had volunteered at the clinic for more than three years. Woods identifies as bisexual and was in a same-sex relationship. He was told before he applied that his application would be rejected because the organization’s “code of conduct excludes homosexual activity.” Woods sued, arguing that the organization violated state law by discriminating against him on the basis of his sexual orientation.
A state trial court judge ruled for Seattle’s Union Gospel Mission and dismissed Woods’ lawsuit. The judge ruled that the organization is exempt from the state’s anti-discrimination law. But the Washington Supreme Court reversed the decision and let the lawsuit go forward.
The Supreme Court does already have a different high-profile dispute involving a clash between religion and the rights of LGBTQ people on its docket. That dispute involves a Colorado web designer who says her religious beliefs prevent her from offering wedding website designs to gay couples. That case is expected to be argued in the fall.
Twitter has refused to take down Texas attorney general Ken Paxton’s hateful tweet deliberately misgendering Dr Rachel Levine as it’s within the ‘public interest’.
On Thursday, the Texas attorney general decided to continue his anti-trans campaign by intentionally misgendering the nation’s only openly trans four-star admiral in a cruel statement on Twitter.
Despite immense backlash on social media, Twitter decided to let the tweet remain up despite it breaking the social media platform’s rules about hateful conduct and misgendering trans individuals.
Twitter posted an update on Ken Paxton’s tweet, acknowledging that it violates the website’s rules but would remain accessible because it “may be in the public’s interest”.
“As is standard with this notice, engagements with the tweet will be limited,” a spokesperson told PinkNews. “People will be able to quote the tweet, but will not be able to like, reply or retweet it.”
According to Twitter, an exception for having a tweet removed does require the account to be verified; have more than 100,000 followers; violate one or more rules; and represent a “current or potential member” of a legislative body.
The website states that it is “more likely to remove” a tweet if it includes a “declarative call to action that could harm a specific individual or group”. It will also remove tweets that “shares information or engages in behaviour that could directly interfere with an individual’s exercise of their fundamental rights”.
The outlet named the top Biden official as one of its “Women of the Year” for her trailblazing work and role during the COVID-19 pandemic.
As part of her interview for the accolade, the US assistant secretary for health sent a beautiful message of acceptance to trans, non-binary and gender non-conforming Americans.
“I think you have to be true to yourself, and I think that you have to be who you are,” Dr Levine said.
“You have tremendous worth just for who you are, no matter who you love, no matter who you are, no matter what your gender identity, sexual orientation or anything else, and to be, be true to that. And then everything else will follow.”
In today’s heightened culture war, the coffers of the anti-gay movement are overflowing. According to publicly available annual returns, 11 nonprofit groups identified as anti-LGBTQ hate groups by the Southern Poverty Law Center took in over$110 million in contributions during the financial year ending in 2020.
The dollar amount represents a recent high-water mark for the organizations, whose take of donations, grants and other noncash contributions has increased steadily since 2016, when the same 11 groups reported more than $87 million in such contributions.
In just four years, their total revenue swelled by over 25 percent, with some indication that the positive trend continued into 2021. The multimillion-dollar war chest has bolstered a movement that just a few years ago appeared to be losing ground in America’s decadeslong culture war around lesbian, gay, bisexual, transgender and queer rights. Far from retreating, the groups have won significant battles at all levels of American government and society — from local school boards to the federal courts.
The Southern Poverty Law Center, or SPLC, based in Montgomery, Alabama, has tracked the anti-LGBTQ movement for more than a decade. In 2011, the SPLC published its first list of 13 “hate groups” that propagate known falsehoods and pseudoscience to disparage gender and sexual minorities. Since 2020, the organization has been tracking more than 40 entities,of which many engage in a host of issues beyond LGBTQ rights, like abortion and Covid-related mandates. Several groups are also churches, which are exempt from filing annual returns and therefore do not disclose their finances.
Many of these groups assert that LGBTQ people are a threat to society itself. “
SCOTT MCCOY, SOUTHERN POVERTY LAW CENTER
Then, as now, a loose affiliation of fundamentalist churches, conservative law centers and far-right advocacy organizations makes up the anti-LGBTQ movement.
“Many of those, while not specifically tied to a church, are rooted in the conservative Christian, biblical sense of human sexuality,” said Scott McCoy, the interim deputy legal director for LGBTQ rights and special litigation for the SPLC and the SPLC Action Fund, the group’s political action committee.
But simply holding a religious belief that views homosexuality or transgender identity as sinful does not automatically land a church or an organization on the SPLC’s list of hate groups.
“Many of these groups assert that LGBTQ people are a threat to society itself. That kind of extremist rhetoric and belief is part of what goes into our decision-making process,” McCoy said. He also pointed to groups that justify violence against LGBTQ people, like Westboro Baptist Church.
‘The hard core of the anti-gay movement’
When the SPLC began tracking anti-LGBTQ hate in the early 2010s,the organization noted that “a small coterie of groups now comprise the hard core of the anti-gay movement.” The same groups — many now flush with financial resources — continue to shape the anti-LGBTQ agenda.
“As of today, there probably are five or six key players,” McCoy said, highlighting the Family Research Council, the Alliance Defending Freedom, Liberty Counsel and the American College of Pediatricians as parts of the core.
From 2011 to 2021, the total revenue of the Family Research Council — an advocacy organization based in Washington, D.C., that, according to its website, believes “homosexual conduct is harmful to the persons who engage in it” and “is also harmful to society at large” — jumped from over $12 million to more than $23 million.
Members of the Alliance Defending Freedom gather outside the Supreme Court on June 4, 2018, to support the decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.Sarah Silbiger / CQ-Roll Call, Inc via Getty Images file
During the same period, contributions to the Alliance Defending Freedom, which is based in Scottsdale, Arizona, more than doubled, from over $34.5 million in 2011 to more than $76 million in 2021. According to its website, the group aims to secure “generational wins” to ensure “the law respects God’s creative order for marriage, the family, and human sexuality.”
In a statement, Jeremy Tedesco, the senior counsel and senior vice president of corporate engagement at the Alliance Defending Freedom, touted its judicial track record and alleged that the SPLC has “destroyed its own credibility because of its blatant partisan agenda.”
“Alliance Defending Freedom is among the largest and most effective legal advocacy organizations dedicated to protecting the religious freedom and free speech rights of all Americans. Our record since 2011 includes 13 Supreme Court victories, including two wins last year and one upcoming case next term,” Tedesco said. “Our track record of success is due in large part to those who generously support our work, and increased giving demonstrates the growing movement to protect Americans’ First Amendment freedoms.”
Mat Staver, the founder and chairman of Liberty Counsel, right, speaks outside the Supreme Court on Dec. 12, 2018. Zach Gibson / Getty Images
Mat Staver, founder and chairman of Liberty Counsel, based in Orlando, Florida, said that the organization is “neither anti-LGBTQ nor a hate group” and that the SPLC’s “self-appointed hate group list is false and defamatory.”
“We hate no one and oppose violence and demeaning language or behavior towards anyone,” Staver said in a statement. “We believe every person is created in the image of God and has inherent dignity and value. Liberty Counsel believes everyone is entitled to religious freedom and freedom of speech.”
The Family Research Council and the American College of Pediatricians did not respond to requests for comment. They have previously rejected the accusation that they are hate groups.
‘Outliers’ who ‘wield a pretty big hammer’
The significant flows of contributions to the groups, however, do not reflect a growing antagonism toward the LGBTQ community in broader American society.
Survey after survey confirms that Americans of many different political stripes and religious affiliations have become more supportive of LGBTQ rights over the past decade. According to the2021 American Values Atlas, more than two-thirds (68 percent) of Americans supported same-sex marriage last year, up from 47 percent a decade before. That included majorities of historically conservative religious groups, like Catholics and Orthodox Christians, and nearly half of all Republicans.
The same survey found even greater public support for protections against discrimination in the workplace and public accommodations for LGBTQ people.In 2021, the American Values Atlas reported that 79 percent of respondents supported such protections.
One group in the American Values Atlas continues to lag behind the rest of the country when it comes to affirming LGBTQ equality: white evangelical Protestants, whose fringe, far-right elements comprise the core of the anti-LGBTQ movement in the U.S. today.https://iframe.nbcnews.com/qDAUKZK?_showcaption=true&app=1
“As someone who writes social science, I can’t tell you how many sentences I have begun with the words ‘with the lone exception of white evangelical Protestants,’” said Robert P. Jones, the CEO and founder of the Public Religion Research Institute, or PRRI, the organization behind the American Values Atlas. “Whether it is on immigration, LGBTQ issues, abortion — white evangelical Christians are increasingly outliers to the middle of the country, not just to the left.”
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Jones, a scholar of white Christianity in the U.S., has spent years tracking the cultural and political power of white evangelical Protestants.
“I think the biggest marker of change among white evangelicals over the last decade has just been the internal shifts that they have undergone,” Jones said. “They have shrunk by nearly a third just over the last decade. Today, they are 14.5 percent of the population. And as they have shrunk, they have been hemorrhaging young people. I think that is one of the reasons why they have become increasingly out of step with the middle of the country.”
Despite the bleed of parishioners, white evangelicals have managed to maintain their power in electoral politics by solidifying their stake in the Republican Party. Between 2016 and 2020, Pew Research Center found that white evangelical voters’ support of President Trump rose from 77 percent to 84 percent. Although this voting bloc only accounted for 19 percent of the total electorate in 2020, it made up 34 percent of all Trump voters.
“When you’re a third of one party’s base, you wield a pretty big hammer,” Jones said.
Without the broad support of white evangelicals, Pew Research Center observed, Trump would have lost to Joe Biden by more than 20 points in the last presidential election.
James Dobson waits for President Donald Trump to speak at a campaign rally in Colorado Springs, Colo., on Feb. 20, 2020.David Zalubowski / AP file
From the start of his foray in national politics, Trump made an effort to woo this key constituency. In 2016, during his first run for the Oval Office, Trump formed a so-called evangelical executive advisory board to help shape his political platform. Among the people in the group of advisers were heavy hitters in evangelical Christianity, as well as the anti-LGBTQ movement, including James Dobson, an Alliance Defending Freedom co-founder and the founder and former leader of the fundamentalist Christian organization Focus on the Family.
“We saw this shift throughout Trump’s presidency — and it has certainly lasted past it — of the term ‘evangelical’ becoming more of a political signifier than it is a religious one, that being almost a stand-in for white, Christian nationalist beliefs,” said Maggie Siddiqi, the senior director of Religion and Faith at the Center for American Progress, a progressive think tank.
It was not just Trump who welcomed evangelical leaders into the highest levels of politics and policy. In 2018, then-Senate Majority Leader Mitch McConnell, R-Ky., appointed Family Research Council President Tony Perkins to the U.S. Commission on International Religious Freedom, an independent, bipartisan commission created by the International Religious Freedom Act of 1998 that is “dedicated to defending the universal right to freedom of religion or belief abroad.” At the time, Heidi Beirich, then the director of the SPLC’s Intelligence Project, called Perkins’ appointment “deeply disturbing.” His current term on the commission expires in May.
Mitch McConnell, R-Ky., then the Senate majority leader, is greeted by Family Research Council President Tony Perkins before he speaks at the 2018 Values Voters Summit in Washington, D.C., on Sept. 21, 2018.Pablo Martinez Monsivais / AP file
Siddiqi noted that among evangelicals, there is some noted resistance to marrying faith with contemporary American politics. For example, in 2019, the Baptist Joint Committee for Religious Liberty launched the campaign Christians Against Christian Nationalism, which, among other tenets, holds that “conflating religious authority and political authority is idolatrous and often leads to oppression of minority and other marginalized groups.”
Still, conservative white evangelicals have found in the modern Republican Party champions for a political agenda that extends well beyond LGBTQ rights. On issues of abortion, religious freedom and, more recently, Covid vaccination mandates, today’s GOP has aligned itself with the interests of many white evangelicals, affording the group outsized power in the U.S.’s two-party political system.
With so many evangelicals flocking to one side of the political spectrum, Jones said, they have “yielded disproportionate influence in the public, by leveraging a political party.”
A strategic ‘pivot’
At the same time, the political arenas where conservatives and progressives battle over LGBTQ rights and other fraught social issues have continued to evolve.
“There’s been a focus downward to more local places like school boards, boards of health, bodies of that nature,” said McCoy of the SPLC. “Now they are taking up the latest fault lines in the culture war, whether it be mask mandates, LGBTQ school policies or even critical race theory.”
There has also been “a pivot” to targeting the transgender community, said Sharita Gruberg, the vice president for the LGBTQI+ Research and Communications Project at the Center for American Progress.
“The groups that are opposed to LGBTQ equality did their message testing and found that attacking gay people is no longer the broadly popular culture war totem that they used in the ’90s,” Gruberg said. “From the bathroom bills in 2015 and 2016 to the bans on trans kids playing school sports, it is easier for these groups to frame attacks to focus on trans kids paired with policies that they say are restoring parental rights. It’s a bit of a Trojan horse.”https://iframe.nbcnews.com/j2EQSqk?_showcaption=true&app=1
The Parental Rights in Education bill — dubbed the “Don’t Say Gay” bill by its critics — which is on Florida Gov. Ron DeSantis’ desk, is a case in point. If it is signed into law, it would prohibit “classroom discussion about sexual orientation or gender identity” in the state’s primary schools. Opponents say the law would harm LGBTQ youths by creating an antagonistic educational environment. But Republican state Rep. Joe Harding, who introduced the bill in the House in January, contends the measure is about “empowering parents.”
Last month, Harding defended his bill in a blog post for the Family Research Council, an SPLC-designated anti-LGBTQ hate group since 2011.
Gruberg contends that protecting LGBTQ rights nationwide would require federal intervention. Congress is considering the Equality Act, which would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation and gender identity. But passage of the law is far from ensured: All Democratic-voting senators and 10 Senate Republicans would need to vote in favor of the measure to overcome the filibuster.
Even then, the law could still meet its demise in the courts. While the Supreme Court has a history of affirming LGBTQ rights, conservatives now command a solid majority.
The most recent addition to the court, Justice Amy Coney Barrett, even has a past with members of the anti-LGBTQ movement. From 2011 to 2016, Barrett gave lectures on five different occasions to theBlackstone Legal Fellowship, the Alliance Defending Freedom’s flagship summer program for Christian law students. During her confirmation hearing in 2020, Barrett described her experience with the Blackstone Legal Fellowship as a “wonderful one” but also said that “nothing about any of my interactions … were ever indicative of any kind of discrimination on the basis of anything.”
For Jones, the pace at which LGBTQ equality has advanced has created a “last stand mentality” among white Christian conservatives, who have worked diligently over the decade to shore up their power on the federal bench.
“It’s that dynamic that is driving the fundraising,” he said. “There’s a kind of last-stand desperation, an apocalyptic feeling that if we don’t do something now, we will lose the country. And if we don’t do something to win it back, there will never be another opportunity.”
As the world continues to watch the ongoing Russian invasion of Ukraine with horror, one question continues to plague the minds of queer activists in the West: what about the LGBTQ people?
Russian leader Vladimir Putin has a long record of oppression of the queer community from public humiliation and imprisonment to encouraging mob violence. Filmmaker David France documented Putin’s anti-gay campaign in his film Welcome to Chechnya [now streaming on HBO Max] which detailed queer oppression in the titular Russia-allied republic.
Will Ukraine face the same fate? We sat down with France to discuss the situation for LGBTQ people living in Russia and Ukraine, the state of the underground resistance, and how Vladimir Putin has declared all-out war on queer people. France also reveals how the same forces of oppression have infected the United States, and how preserving democracy may hold the only hope for LGBTQ people in the future.
Are you in contact with the Rainbow Railroad (an underground resistance that smuggles queer people out of Eastern Europe) in Ukraine?
I did just speak with David Isteev [from Welcome to Chechnya] who is doing rescues in the Caucasus. He wanted to talk about what was happening to queers in Russia because of the invasion.
So what’s the situation there?
They are despairing. I’ve never heard the kind of grimness from the folks I know that we’re hearing now. The entire leadership of the LGBTQ movement in Russia is now outside Russia.
They’ve all had to flee?
Correct. Not just because of the invasion, but there was also a crackdown in the months leading up. [The Putin government] has made it impossible for queer leaders to do their work, and they’ve strangled their source of funding. Now the borders are closed, so it’s not possible to move money into the country. It’s not possible to access the money they have in the country. And the people outside the country trying to help are delivering money to the border in cash.
Refugees fleeing Kiev. Via Shutterstock
I’m sure that carries a whole other set of risks.
Yes. And if they bring money in US dollars, is it possible to change it into rubles? And if it is rubles, it’s worth almost nothing.
So is the solution to escape?
Well, here’s another problem. It’s not possible to enter most countries without proving vaccination status, and with an approved vaccine. Almost nobody has approved Sputnik 5, the Russian vaccine, because they’ve never produced reputable data. So if you have Sputnik 5, you’re not getting into Europe.
Putin’s persecution of LGBTQ people is nothing new. Is this personal for him?
It is a strategy that works. 10 or 15 years ago, he discovered the more he spoke against queer folks, the more he generated a divide that turned people against people, instead of against the government.
Putin said he wants to install a new government in Ukraine. How safe is it to believe he would install a leader similar to the one he appointed in Chechnya, Ramzan Kadyrov?
Well, Putin has been using an anti-queer plank in Ukraine for the past decade alleging that if Ukraine joins NATO, they will have to recognize marriage equality. And in some corners, it has worked. It worked with the Russian Orthodox Church—in the past week, they’ve come out in favor of the invasion and against “the gay agenda.”
So what you’re actually saying—Putin’s fighting an international war on LGBTQ people?
Absolutely true. He’s saying modernity and liberalism equal queerness. He’s pulling the Iron Curtain closed again to resist the queer movement. It’s that central.
The Western media implies that the invasion of Ukraine is unpopular in Russia…
Well, from what I understand from my Russian friends is just the opposite. The people they talk to, family, for example, don’t believe [the invasion] is happening.
Pro-Ukrainian independence/LGBTQ protest. Via Shutterstock.
They don’t believe the war is real?
Correct. They have no access to Western or social media. The Kremlin made it a crime to report on Ukraine. People don’t have any reason to believe there is a war unless they have children coming back in body bags.
That’s a total page out of the Stalinist playbook.
That’s why it’s an Iron Curtain—you can’t communicate. And so many young Russians have great experiences traveling across Europe. They’re very integrated into world culture. And those are the people protesting in little pockets here and there. But between 10-15,000 have been arrested. People are just disappearing for saying there’s a war.
So let me ask you then: there seems to be this link between autocracy and autocratic-type leaders and homophobia or anti-queer sentiment. Why?
People want to know what’s causing their problems. It just turns out that it works if you say queers are to blame. Since Putin started his return to power on the backs of the queer community, other leaders take note. Prime Minister Viktor Orbán is doing that in Hungary. It’s happening in Poland. It’s a successful campaign in Belarus. And Trump discovered you could do it here.
Indeed.
It’s a huge shock. For those of us that saw 50 years of LGBTQ civic engagement and thought it was a permanent victory are having to reckon with it getting rolled back. Look what just happened in the Virginia Governor’s race.
Or Florida. Or Texas. Or Georgia.
Mmhmm. And what’s happening to queers in Ukraine—many queer Russians had fled there. The LGBTQ community had a stronghold there, and now that’s at risk. Putin’s state department issued a “kill list” for invading forces to round up and kill political leadership in the country as well as LGBTQ leaders. They gave the hit list to an elite force out of Chechnya. And men can’t get out of Ukraine. They’re terrified.
What’s happening now has people scared. Will Putin go for broke? Will he level Kiev? Will flatten Odessa? Will he drop a nuclear bomb?
Russian bombing in Kiev. Via Shutterstock.
Well, if he drops a nuclear bomb, we all have a lot more to worry about.
Yes. And that’s why everyone is praising the Ukrainian resistance, but talking about [Putin’s] “off ramp.” He may feel like he has no choice but to throw everything at it. And if the West gives him Ukraine, what does that mean [for the rest of Eastern Europe]?
Is there anything we can do in the West?
We need to start talking about how queer panic is being weaponized as the chief articulation of Putin’s dissent for his own military actions. Continue to support the Rainbow Railroad. They’re not solving problems, but they are creating a pipeline for flight. That saves lives. And look to LGA Europe and LGA Asia. They’re doing important work too.
So then, how much of the future of LGBTQ equality is tied to democracy?
It is plain that where democracy is strong, our movement has been successful. There’s a 100% correlation. But crushing democracy in Ukraine will only harm queers there along with everybody else. Putin and his oligarchs have sucked trillions out of the economy and done nothing for the Russian people.
Indiana Gov. Eric Holcomb, a Republican, struck down a bill on Monday that would have banned transgender girls from competing in female sports at school — making him an outlier in a party that has passed similar laws in nearly a dozen states.
In a letter addressing his decision, Holcomb wrote that the bill “leaves too many unanswered questions.” He also challenged the need for state intervention.
“It implies that the goals of consistency and fairness in competitive female sports are not currently being met,” Holcomb said. “After thorough review, I find no evidence to support either claim even if I support the overall goal.”
Walt Disney Co. employees at corporate locations across the U.S. plan to get up from their desks and head to the exits Tuesday to protest CEO Bob Chapek’s response to Florida legislation that LGBTQ advocates have dubbed the “Don’t Say Gay” bill.
LGBTQ workers and allies are expected to participate in a general walkout at office locations in California, Florida and elsewhere, a group of employees announced last week on a website that calls out Chapek by name.
In recent weeks, Chapek has come under intense internal criticism and public scrutiny for not having taken a more forceful stand against HB 1557, a bill that would prohibit instruction about “sexual orientation or gender identity” in kindergarten through the third grade in Florida.
Chapek drew pointed criticism for saying in a companywide memoMarch 7 that the corporation can make the “biggest impact” by “creating a more inclusive world through the inspiring content we produce.”
The corporation’s position on the bill appeared to be especially galling to some of the tens of thousands of Disney employees in Florida, home to the sprawling Walt Disney World theme park and resort in Orlando.
Chapek, who ascended to the throne of the Magic Kingdom in 2020, apologized directly to employees in a letter released March 11.
“It is clear that this is not just an issue about a bill in Florida, but instead yet another challenge to basic human rights. You needed me to be a stronger ally in the fight for equal rights and I let you down,” Chapek said in the letter. “I am sorry.”
He also announced that the company would pause all donations to elected officials in Florida.
But the letter did not end the outcry.
LGBTQ employees started making plans for a series of protests during breaks, culminating in a general walkout Tuesday. They announced their plans on a website (whereischapek.com) and an Instagram account called disney_walkout.https://iframe.nbcnews.com/nFbqpav?_showcaption=true&app=1
“The recent statements and lack of action by TWDC [The Walt Disney Co.] leadership regarding the ‘Don’t Say Gay or Trans’ bill have utterly failed to match the magnitude of the threat to LGBTQIA+ safety represented by this legislation,” the employees said.
“We have been forced into an impossible and unsustainable position. We must now take action to convince TWDC to protect employees and their families in the face of such open and unapologetic bigotry.”
Advocates march at a rally at the Walt Disney Company in Orlando, Fla., spearheaded by advocates from AIDS Healthcare Foundation on March 3, 2022.Phelan M. Ebenhack / AP Images for AIDS Healthcare Foundation
Chapek tried to rectify the situation in a virtual town hall Monday, according to The Wall Street Journal, telling employees that he and other top executives were “determined to use this moment as a catalyst for more meaningful and lasting change.”
The Journal, citing people who attended the event, reported that Chapek said he and other senior leaders would go on a global listening tour of employees.
The special U.S. envoy for the promotion of LGBTQ rights abroad on Friday said she and her office continue to provide support to advocacy groups in Ukraine and in countries that border it.
Jessica Stern told the Washington Blade during a telephone interview that she has held “multiple roundtables” with Ukrainian activists and organizations “to make sure that my office and I both have the relationships and then getting information directly from people on the frontlines.” Stern also noted she has also spoken with LGBTQ rights organizations in Poland, Hungary and other countries that “would be receiving LGBTQI Ukrainian refugees” and regional and international groups “that are closely monitoring and supporting LGBTQI Ukrainians in this incredibly difficult time.”
“The first and most important thing that the U.S. has been doing has been establishing contact with people who are advocating for and servicing LGBTQI Ukrainians, and then in all instances, trying to find ways to support them,” said Stern. “One of the things that’s been really important has been to identify the sort of patterns of human rights abuses, violations and vulnerability that they’re tracking that we need to be aware of.”
Stern said the State Department has “activated” its grant mechanisms to provide financial support to LGBTQ organizations in Ukraine and in surrounding countries.
“One of the things we’ve been focused on has been ensuring that LGBTQI Ukrainian organizations and LGBTQI organizations in the surrounding countries have the financial resources to provide emergency support to this population that finds itself facing double and triple discrimination,” she said.
Stern told the Blade a “top priority” is to ensure that humanitarian assistance to Ukraine “is distributed without discrimination.”
“One of the message that my office has been conveying and with working with others at the State Department to convey is that LGBTQI Ukrainian refugees are at heightened risk and that they should be supported and that anyone providing humanitarian assistance should actually be on the watch for instances of discrimination or violence they may be subjected to.”
Stern said her office has not received “too many stories of (discrimination) incidents, but we have to been able to sound the alarm.”
“The institutions and partners, we work with have been taking that seriously,” she said.
Russian airstrike kills Kharkiv activist
Stern spoke with the Blade less than a month after Russia launched its invasion of Ukraine.
A Russian airstrike in Kharkiv, Ukraine’s second-largest city that is less than 30 miles from the Russian border in the eastern part of the country, on March 1 killed Elvira Schemur, a 21-year-old law student who was a volunteer for Kharkiv Pride and Kyiv Pride. A group of “bandits” on the same day broke into the Kyiv offices of Nash Mir, an LGBTQ rights group, and attacked four activists who were inside.
“The case of Nash Mir was really horrific and really demonstrated the kind of opportunistic violence that LGBTQI persons, human rights defenders and organizations can be subject to right now by both state and non-state actors,” said Stern.
Stern told the Blade that activists have also said many transgender and gender non-conforming Ukrainians have decided to remain in the country because they cannot exempt themselves from military conscription.
“What I’ve been told is that many trans and gender non-conforming Ukrainians are sheltering in place, and even in some cases staying in places where they are at risk of being attacked by missiles and bombs and definitely in harm’s way simply because they’re concerned that they don’t have a way of being exempted from military conscription,” she said.
Stern cited the case of a trans man who tried to leave Ukraine and “in an effort to prove who he was who he said he was, he was actually forced to remove his shirt and show his chest” at the border.
“Unfortunately, that’s not the only humiliating and potentially violent incident that I’m hearing us,” she said.
Stern expressed concern about safety of gay men who are conscripted into the Ukrainian armed forces. Stern also noted “all women are at risk in times of war and conflict.”
“There’s absolutely a concern about the safety and well-being of lesbian and bisexual and trans and intersex women,” she said.
Challenges for LGBTQ Ukrainians ‘will be enormous’
Stern told the Blade the State Department is “working to provide as much support as possible for all Ukrainians that want to leave the country.”
She noted many LGBTQ activists in Ukraine with whom she spoke immediately after the invasion began said they did not want to leave. Stern acknowledged some of them have now fled the country.
“The invasion has just been so violent that even the most committed activists that people we both know have had to change their strategy,” said Stern. “So, in every instance where I’m hearing of an individual or a group that is at risk and wants to leave, we’re doing everything we can to help give them the support they need.”
“Most people do not become refugees,” she added. “You know, most people cannot leave … the global community should do everything we possibly can to affirm the human rights and provide support for Ukrainian refugees.”
President Biden shortly after he took office issued a memorandum that committed the U.S. to promoting LGBTQ rights around the world.
Letters that Congressional LGBTQ+ Equality and Ukraine Caucuses sent to Secretary of State Antony Blinken on the eve of the invasion noted Ukraine in recent years “has made great strides towards securing equality for LGBTQ people within its borders and is a regional leader in LGBTQ rights.” These advances include a ban on workplace discrimination based on sexual orientation and gender identity and efforts to protect Pride parades.
Stern reiterated the challenges for LGBTQ people inside Ukraine “will be enormous” as the conflict drags on.
“In all war and conflict, anyone who is vulnerable and vulnerable before the conflict remains at heightened risk and even becomes at greater risk,” she said. “Where people have access to weapons and LGBTQI people are unsafe. In a context where the rule of law is weak, LGBTQI people are at risk as the Nash Mir case showed us immediately.”
“I’m very worried that discrimination and violence will rise for LGBTQI people in Ukraine,” added Stern. “I’m extremely concerned that the track record from the Russian government on these issues is a harbinger of danger for LGBTQI Ukrainians in Russian occupied parts of the country.”
A body found on the shore of Lake Michigan in a suburb of Chicago has been identified as trans rights activist Elise Malary.
Malary was last heard from on 9 March, and on 11 March she was reported as a missing person.
Although she was missing and her apartment had been left unlocked, police initially said there was no indication of foul play.
On Thursday, 17 March, a body was discovered by 19-year-old Tristan Lambach on the lakefront in the Chicago suburb of Evanston, Illinois. Policy later confirmed that it was Malary. She was just 31 years old.
Malary was a passionate activist who worked tirelessly for the LGBT+ and BIPOC communities in Chicago.
She was a board member for the Chicago Therapy Collective, which “promotes city-wide accountability and action to alleviate LGBTQIA health disparities” and works to advance “collective health and wellbeing through education, therapy, advocacy and the arts”.
Elise Malary was a tireless activist. (Facebook/ Chicago Therapy Collective)
The collective described her as a “key player for the #HireTransNOW initiative”, which combats anti-trans hiring stigma and employment discrimination.
She was also a member of the community advisory group for Equality Illinois, extensively fundraised for various community groups, and worked with the Illinois attorney general’s Civil Rights Bureau.
Maria Hadden, alderwoman for Chicago’s 49th ward, announced the news on Twitter: “There’s no easy way to say this – I’m heartbroken to share that Elise is no longer alive and with us.
“She has been identified and now her family, friends and our community begin to process her loss and our grief. Elise Malary will be missed terribly.”
The governor of Illinois described the loss as “heartbreaking”, while the Illinois attorney general’s office released a statement: “Today is a devastating day for the Office of the Attorney General. After hoping for several days that our friend and colleague Elise Malary would be safely reunited with her family, friends and loved ones, we have received confirmation of the unthinkable.
“Elise was a valued member of our Civil Rights Bureau who, as a tireless advocate for the LGBTQ community, was passionate about her work. Her kindness and infectious smile will be missed by those who worked with her.
“The Attorney General’s office has lost a member of our family, and as an office, we are heartbroken.
“I extend my deepest condolences to Elise’s family and friends. May Elise’s memory inspire all of us to live authentically and have humanity toward all.”
Brave Space Alliance, a Black and trans-run LGBT+ centre in Chicago, has created a fund to help cover Malary’s funeral expenses.
In a statement, the alliance said: “Brave Space Alliance is devastated to learn that missing trans liberation leader, and beloved Chicago trans community member Elise Malary was confirmed dead today by the City of Evanston Police Department. Elise was a pillar of our community, a friend and accomplice to many, and a shining example of Black Trans Excellence.
“Elise’s work to advance the interests of trans people in Andersonville with the Chicago Therapy Collective has touched countless lives, and helped make Chicago a better place for trans people to live, work, and thrive.”
The funeral fund, the group said, “will be working with Elise’s family to ensure that she receives a memorial deserving of her dedication to Black Trans Liberation”.
Lawmakers have rejected legislation that would have made Kosovo the first Muslim-majority country in the world to legalise same-sex civil unions.
Kosovo wants to join the European Union, and the bid to introduce same-sex marriage was part of modernising efforts by prime minister Albin Kurti’s government, which also tried to introduce other rights for minorities and business reforms
But after hours of debate, just 28 out of MPs out of 120 voted in favour of the motion with some members of Kurti’s Vetevendosje party voting against it, according to Euractiv. Many against the draft code cited religious beliefs and “family values”.
Prime Minister of Kosovo Albin Kurti. (Anadolu Agency via Getty / Ali Balikci)
Vetevendosje representative Labinote Demi-Murtezi said during the debate that she only “sees as acceptable the marriage of persons of opposite sex”.
She added: “Any connection outside of this combination is considered depravity and moral degeneration.”
LGBT+ and human rights groups were devastated by the news, and protesters took to the streets of Kosovo’s capital Pristina on Thursday (17 March).
According to Balkan Insight, they chanted, “homophobes, you have no place in parliament” and “love is resistance; we also are part of the family”.
After the legalisation of civil unions was snubbed, Human Rights Watch sent a letter to Kurti, as well as Kosovo’s president Vjosa Osmani and minister of justice Albulena Haxhiu, urging them to go further and push for full marriage equality.
“We believe that extending marriage to same-sex couples is the most rights-respecting option for Kosovo to pursue,” the human rights group wrote.
“Partnership recognition is a step forward – any protection is better than none – but civil union is unlikely to protect people’s rights to the same extent as equal marriage, and indeed, can signal continued inequality…
“We hope that the Kosovo government will work to ensure that same-sex couples have the same rights as other couples, and to eradicate discrimination based on sexual orientation and gender identity in family law.”
Google Play Store has removed a conversion therapy app developed by the Malaysian government that claimed to help LGBT+ people “return to the right path”.
Google has now pulled the controversial conversion therapy app from its store for violations against the digital giant’s policies. Under Google’s guidelines, apps cannot “attempt to deceive users” or “enable dishonest behaviour including but not limited to apps which are determined to be functionally impossible”.
Google toldthe Guardian: “Whenever an app is flagged to us, we investigate against our Play Store policies and if violations are found we take appropriate action to maintain a trusted experience for all.”
Hijrah Diri Homoseksualiti claimed in its description on the Google app store that it would offer “suggestions, ideas, explanations and interpretations” to help users “overcome the problem of homosexuality”.
JAKIM said in a follow-up tweet that the app allegedly contains an “eBook that refers to the true experience of a gay man who migrated during Ramadan to abandon homosexual behaviour”.
Rachel Chhoa-Howard, Malaysia researcher for Amnesty International, told the Guardian that conversion therapy is a “deeply discriminatory” and “harmful practice” that cause cause “long-lasting damage to those who are subject to it”.
“It has been criminalised in many countries,” Chhoa-Howard said. “We call on the Malaysian authorities to immediately abandon its use of Hijrah Diri, and instead ensure respect and protect LGBTI rights in the country.”
The conversion therapy app was hugely concerning for human rights activists as LGBT+ people in Malaysia face execution, torture and decades in prison for living their truth.
Malaysia’s penal code criminalised sex between same-sex partners, which it described as “carnal intercourse against the order of nature”, with up to 20 years in prison and whipping.
According to Human Dignity Trust, there was a “serious crackdown” on the LGBT+ community after the new government came into power in 2018, resulting in a spike in arrests and assaults against LGBT+ people.
Human Rights Watch has denounced the Malaysian government for not acting on “discrimination against LGBT+ people”, adding it “remains pervasive and appears to be on the rise”.
The nonprofit warned that authorities have proposed a “range of changes to Sharia (Islamic law) regulations” that would harm the LGBT+ community including “harsher sentences for same-sex conduct and gender expression”.
Nur Sajat, a trans social media personality and businesswoman, made headlines after she fled Malaysia to escape persecution and charges of “insulting Islam”, which carries a prison sentence of up to three years.
