Tuesday, March 29, 2022

Following Florida's Lead: Concerning Patterns in the American Southeast

A disturbing pattern has begun to emerge within the Southeast United States. The geopolitical area is often referred to as the "Bible Belt", and it's easy to see why, given the high religiosity and fundamentalist beliefs that permeate their politics. 

                                            Percentage of individuals who practice certain
                                            sects of Christianity. Notice the amount of
                                            Protestantism in the Southeast!

With that in mind, the recent publicity generated by Florida's "Don't Say Gay" Bill has caused several states to begin following in their backwards-facing footsteps. The most visible of these is Georgia's "Common Humanity in Private Education Act". It's quite a provocative title for a bill, and its contents are equally provocative, mirroring the "Don't Say Gay" Bill's attack of LBGTQ+ exposure in formal education, citing students' First Amendment rights and noting the permeation of critical theory and inappropriate teachings of gender identity in schools before students' formative age as "destructive to American society". Additionally, Tennessee had previously introduced a bill in January which would disallow the teaching of LGBTQ+ rights and lifestyles, and even the simple mention of the concept. Because of the reception of Florida's bill, this bill has also recently advanced. Additionally, the Indiana House is in consideration of a bill that would ban the discussion of human sexuality as a whole; which would also include birth control, abortion, and gender identity. Finally, Kansas has gone so far as to introduce a bill that would amend the state's obscenity law to include homosexuality as a Class B misdemeanor.

A disturbing pattern is emerging among the Bible Belt and the Midwest. This pattern of laws that uphold bigoted ideas about the LGBTQ+ community, and the notion that students simply learning of their unique state of existence is abhorrent. This sort of narrative and implementation is not new, and Georgia even has a law in place that requires that emphasis be put on abstinence when teaching about birth control in relevant classes (and by extension,  glossing over birth control and safe-sex practices).

However, this new encroachment on educational rights is much more present than usual. As much as I hate to slander my home state, it's hard to deny that Georgia is a very conservative state, and legislation like this is unfortunately to be expected. However, it's a bit of a slippery slope, and leaving these kinds of laws unchecked could leave to similar laws popping up all across the United States. They have to be protested and dealt with with the utmost scrutiny to ensure that these scattered passages of fundamentalism don't form into a full-fledged movement.

With all that being said, even if these laws do pass through, I have faith in the educators of Georgia and beyond to sidestep the law to the best of their ability. After all, there is a difference between a law that is strict and a law that is enforced strictly, and considering how my Health teacher in high school completely ignored the law regarding abstinence and taught us birth control and safe-sex practices anyway, I'm hopeful that teachers who have the power to teach their students about the LBGTQ+ community will continue to do so even through this new wave of laws.


Citations:

Christianity in the US counties. Vivid Maps. (2018, September 2). Retrieved March 27, 2022, from https://vividmaps.com/christianity-us-counties/

Georgia State Profile. SIECUS. (2021, March 29). Retrieved March 29, 2022, from https://siecus.org/state_profile/georgia-fy21-state-profile/

Indiana HB1040: 2022: Regular session. LegiScan. (2022, January 4). Retrieved March 27, 2022, from https://legiscan.com/IN/text/HB1040/id/2462805

Kruesi, K. (2022, March 9). Bill banning textbooks that 'support' LGBTQ issues advances. AP NEWS. Retrieved March 27, 2022, from https://apnews.com/article/legislature-gender-identity-tennessee-7c57788a4de918922d6ce80c88f00930

Session of 2022 house Bill No. 2662 - kslegislature.org. (n.d.). Retrieved March 27, 2022, from http://www.kslegislature.org/li/b2021_22/measures/documents/hb2662_00_0000.pdf

NBCUniversal News Group. (2022, March 10). Georgia legislators introduce a Florida-style 'don't say gay' bill. NBCNews.com. Retrieved March 27, 2022, from https://www.nbcnews.com/nbc-out/out-news/georgia-legislators-introduce-florida-style-dont-say-gay-bill-rcna19535

Senate Bill 613. Georgia General Assembly. (n.d.). Retrieved March 27, 2022, from https://www.legis.ga.gov/legislation/62663

Tuesday, March 22, 2022

Same-Sex Marriage Legalization in Bermuda: Progress and Regression

On March 14th, 2022, the Judicial Committee of the Privy Councill ruled that the 2018 Domestic Patnership Act, a law which banned same-sex marriage, was constitutional. The decision was a significant setback for activists after years of progress and regression in the fight for marriage equality. In 2016, the Bermudan government issued a non-binding referendum asking two questions of the Bermudan people: (1) Whether they were in favor of same-sex marriage and (2) whether they were in favor of same-sex civil unions. 60%-70% of voters rejected both proposals. 

However, in 2017 the Supreme Court of Bermuda considered a case on same-sex marriage. Winston Godwin and Greg DeRoche, a same-sex couple, sued after the government denied their application for a marriage license. The supreme court ruled that the couple had their rights violated under the Bermuda Human Rights Act as it constituted differential treatment based on sexual orientation. Furthermore, the court found that the ruling violated Bermuda's constitutional right to freedom of conscience. The ruling effectively legalized same-sex marriage in the British Overseas Territory.

Unfortunately, this improvement was only temporary as the 2017 general elections resulted in a new government. The Progressive Labor Party of Bermuda passed the Domestic Partnership Act in December of 2017 which replaced same-sex marriage with domestic partnerships. The law went into effect on June 1st, 2018, after the Governor of Bermuda gave it royal assent. Bermuda became the first territory to reverse marriage rights for same-sex couples through legislation.

Getty Images. (2019). Bermuda to have first Pride march after legalizing gay marriage [Photograph].https://thehill.com/blogs/blog-briefing-room/news/448520-bermuda-will-have-its-first-pride-march-after-legalizing-gay

In another change of pace, Roderick Ferguson challenged the law in the Bermudan supreme court in April of 2018. In June, the court overturned the section of the law that prevented same-sex couples from marrying. The appellate court upheld the supreme court's decision. The final decision landed at the Judicial Committee of the Privy Council, the highest court of appeals for British territories. Thus, a British court would make the final decision about the outcome of the Bermudan law. Unfortunately, the JCPC found that the Domestic Partnership Act was permitted under the Bermudan constitution. Therefore, the law was upheld, and same-sex couples were only legally allowed to partake in domestic partnerships. 

The ruling reflects many of the global trends in the LGBTQ+ rights movement. It is often homophobia, rather than homosexuality, that is an import from the west. Former colonies such as Sudan, Mauritius, and parts of Somalia and Nigeria enforce the death penalty for homosexual acts. The penal codes for former colonies such as Egypt, Zimbabwe, Ghana, and Tanzania continue to use the British version of penal codes, including the criminalization of homosexual acts.

Activists have focused in recent years on changing the meaning of African identity. They argue that homosexuality is not "un-African," but rather, it is homophobia that is dangerous. This tactic has proven successful in Botswana and Trinidad. However, Of the 72 countries in 2019 where homosexuality was a crime, 38 were previously under British rule. As homophobia was espically persistent in Britain in the 19th century, their former colonies struggle with the lasting impacts more than other colonies.

While the problem of exported homophobia is apparent, the solution is not. According to experts, cultural relativism is essential when working with and persuading residents of former colonies. When Barack Obama visited Kenya in 2015, he criticized the county's poor record on LGBTQ+ issues. While the president was trying to pressure the Kenyan government to improve its policies, there was significant backlash from those who viewed the president's remarks as an example of the "gay agenda" seeping into the country. 


The future of Bermuda remains unclear. The ruling of the Judicial Committee of the Privy Council countered the global trend of legalizing same-sex marriage. Interestingly, the same Bermudian political party, the PLP, which passed the domestic partnership act, has historically been the party that advocated for independence from Britain. However, their law was only rewarded legal standing by their former colonizer. While there have been growing calls for Bermundan independence, how this ruling will affect the long-term fight for LGBTQ+ rights in Bermuda remains unknown. In the short term, same-sex couples will not have the same legal rights as heterosexual couples. Activists and organizations such as OUTBermuda have asked the government to clarify the legal status of married people before the law was deemed unconstitutional.

The past four years have been very tumultuous for those advocating for the legalization of same-sex marriage in Bermuda. While there were victories, the final decision by the JCPC requires the Bermudan government to pass a law to protect same-sex marriage or change its constitution. These setbacks have not deterred Bermudan activists from achieving marriage equality. As Roderick Ferguson, the co-plaintiff in the lawsuit, said, "Our work as a society is not done until everyone's humanity is recognized both in law and in life."

Bibliography


Angerer, D. (2018). Bermuda Bends Back the Arc [Illustration]. 

https://slate.com/news-and-politics/2018/02/bermudas-abrupt-repeal-of-marriage-equality-proves-theres-nothing-inevitable-about-civil-rights.html 

Buckle, L. (2021, November 1). African sexuality and the legacy of imported homophobia. 

Stonewall. https://www.stonewall.org.uk/legacy-imported-homophobia

Farge, E. (2018a, November 23). Bermuda top court reverses government’s gay marriage 

Ban. U.S.https://www.reuters.com bermuda-reverses-governments-gay-marriage-b

Farge, E. (2018b, December 14). Bermuda appeals to London high court to enforce gay 

marriage ban. https://www.reuters.com-london-high-court-enforce-gay-marriage-ban 

Getty Images. (2019). Bermuda to have first Pride march after legalizing gay marriage 

[Photograph].https://thehill.com/blogs/blog-briefing-room/news/448520-bermuda-will-have-its-first-pride-march-after-legalizing-gay

Government of Bermuda. (2018). DOMESTIC PARTNERSHIP ACT 2018. 

http://www.bermudalaws.bm/laws/annual/acts/domestic/partnership/202018.pdf 

Kushner, J. (2019, June 18). The British Empire’s Homophobia Lives On in Former Colonies. 

The Atlantic. https://www.theatlantic.com/international/archive/kenya-supreme-court 

McWhirter, F. (2022, March 15). Banning same-sex marriage not unconstitutional – Privy 

Council. The Royal Gazette https://www.royalgazette.com/same-sex-marriage

Platform. (2022). Progressive Labour Party. https://www.plp.bm/platform_2020 

Schiavenza, M. (2015, July 27). Why Obama Pushed for Gay Rights in Kenya. The Atlantic. 

https://www.theatlantic.com/why-obama-pushed-for-gay-rights-in-kenya/


Wednesday, March 9, 2022

LGBTQ+ Ukrainians: Facing Putin's War

Photo Courtesy of opendemocracy.net, “Love is Beautiful.”


On February 24th, Russia invaded Ukraine, and the world has not stopped speculating since. What will be the outcome of this fight? Will other states step in to aid Ukraine? What is Putin’s end goal? Will Kyiv fall? Is this the beginning of a third world war, but this time, the entire world has nuclear weaponry?

For human rights activists, the question lies in the concept of an intolerant state invading a slightly less intolerant state. For example, will LGBTQ+ Ukrainians lose the rights they fought so desperately to gain? If Ukraine falls to Putin, what does that mean for queer citizens?

The reality for LGBTQ+ people in Russia is not optimal. Putin’s authoritarian regime—which he has disguised as electoral democracy despite a lack of objectively free and fair elections and political competition—has ensured that human rights are removed over time after coming to presidential power in 2000. The Kremlin’s 2013 “Gay Propaganda” Law makes it illegal to promote “nontraditional sexual relations to minors” (Human Rights Watch). The vague nature of this law means that anything from posting on social media to reporting on LGBTQ+ issues to hosting a pride parade becomes criminal… and an immense financial burden, as hefty fines can range from 70 dollars for the individual to nearly 15,000 dollars for LGBTQ+-protecting organizations. The Russian government has disillusioned its supporters into believing that anti-LGBTQ+ sentiment is a method of protecting “traditional values”.

Russia scores a measly 19% on the GBGR and a slightly-better-but-still-pretty-terrible 24% on the GBTR. Russia is an outlier for Central/Eastern Europe/Eurasia.

 

Photo Courtesy of fandmglobalbarometers.org.

On the other hand, Ukraine scores significantly better (though still has two dissatisfying F’s) on both the GBGR and the GBTR. Ukraine is not a significant outlier in Central/Eastern Europe/Eurasia.

Photo Courtesy of fandmglobalbarometers.org.


Because many post-Soviet nations still feel heavy ties to Russia, any decision the Kremlin makes will inevitably influence the ideologies of its previous body. However, while this influence may have been indirect before, by invading Ukraine, Russia is working to consume its neighbor with anti-LGBTQ+ sentiment. After all, Russia’s attempt to control Kyiv feels reminiscent of Putin’s siege of Chechnya in 1999-2000, and now Chechnya is notorious for its anti-gay purges in 2017 and 2019 (HRW).


What evidence is there that Ukraine could become the next state under Russian control to mistreat its LGBTQ+ population? 

LGBTQ+ Ukrainians have already begun to seek refuge in Poland and Hungary, two countries which are not LGBTQ+ protecting. Poland performs the same on the GBGR as Ukraine, but performs worse on the GBTR (53%). Though Hungary scores considerably better than Ukraine on the GBGR (78%), the country performs worse on the GBTR (53%).

While LGB Ukrainians may be able to find paths to escape, transgender citizens are struggling. Zi Faámelu, a trans Ukrainian singer, fears leaving her house—even to get food—due to the increasingly violent atmosphere outside for her people (CBS News). Even if trans Ukrainians can reach the border, many officials will bar international travel if the gender identity on their passport does not match their gender expression. Also, Ukrainian trans women who have not undergone a physical transition and who are still labeled as male on their ID may be recruited into the military and barred from leaving the country, even as gender identity minorities are restricted from serving in the Ukrainian military (NPR).

Photo Courtesy of NPR.org.

In late February, the U.S. warned the United Nations that Russia had compiled a “kill list” of Ukrainians that would be in danger following the invasion. Targets included: “journalists, activists, ethnic and religious minorities, and LGBTQ Ukrainians” (NPR). It is clear, then, that Russia has no plan to protect LGBTQ+ people in Ukraine and will instead attempt to extinguish any attempts to report on its wrongdoings.

However, LGBTQ+ Ukrainians are accustomed to publicly defending their rights. During the first pride marches in Ukraine, activists demonstrated their pride while facing violence by anti-LGBTQ+ groups. Violence erupted at a 2015 pride march when aggressors threw “flares and firecrackers packed with nails,” injuring 12 people (GLAAD). While this march lasted merely 10 minutes due to the attack, today’s pride marches in Ukraine last far longer and feature thousands and thousands of participants.

The horrific persecution of the LGBTQ+ community through invasion is not new for Russia, but defending their right to exist is not new for LGBTQ+ Ukrainians, either. Despite the power Putin holds, there is hope that Ukraine will continue to fight to protect its people. For now, we can only donate to Ukrainian human rights groups, educate ourselves, protest, and wait.


Sources:

  1. https://www.opendemocracy.net/en/5050/ukraine-lgbtiq-community-rallying-resist-russia-invasion/

  2. https://www.hrw.org/report/2018/12/12/no-support/russias-gay-propaganda-law-imperils-lgbt-youth#

  3. https://www.fandmglobalbarometers.org/

  4. https://www.hrw.org/news/2021/08/31/no-end-chechnyas-violent-anti-gay-campaign

  5. https://www.cbsnews.com/news/transgender-woman-transphobia-russia-ukraine-invasion/

  6. https://www.npr.org/2022/03/04/1084321690/lgbtq-refugees-fleeing-ukraine-face-discrimination-in-countries-with-anti-gay-la

  7. https://www.npr.org/2022/02/21/1082096026/russia-kill-list-ukraine

  8. https://www.glaad.org/blog/anti-lgbt-activists-attack-marchers-kiev-pride-event

  9. https://www.npr.org/sections/pictureshow/2022/03/06/1084766289/ukraine-russia-war-pictures-refugees


Link to Help: https://www.glaad.org/blog/lgbtq-ukrainians-fight-their-country-and-their-lives-heres-how-you-can-help

Tuesday, March 1, 2022

Texas Primary - The Change We *Hope* to See

On March 1, 2022, Texas held its primary midterm elections. While the results haven't been published yet, they are critical to the rights of LGBTQ+ residents of Texas. Why does this primary election matter then? The primaries don't typically make a difference until it comes to the general election - where you're electing the candidate to beat the opposing party. For Texas, all parts of the election matter as they are an open primary state - voters are not restricted to their party. 

The notable red wave in Texas in elections is being threatened as more and more counties near the big cities are turning blue. Politico reported the final results of the 2020 Presidential election in a county map.




We can compare the 2016 and 2020 presidential election, where there was an increase by %3 in democratic votes. While this isn't much - it's enough to acknowledge that the tides are shifting. The LGBTQ Victory Fund, a Political Action Committee, reported that 54 of the candidates running for office in this current election are open about their sexuality. Out of those 54, the Victory Fund endorsed 19 of them. KVUEAbc reported that "The PAC [VictoryFund] said with 54 LGBTQ candidates this year, the number of out LGBTQ people running has nearly doubled since 2020." Currently, there are 13 openly LGBTQ+ elected officials in Texas, 6 of whom are serving in the state legislature (The Hill). 

So, back to our question of why does this primary matter. With the potential increase of LGBTQ+  representation in a state like Texas, there is significant opportunity for change. Especially considering that current Governor and incumbent candidate Greg Abbott signed in many bills criminalizing and dehumanizing transgender children. He is very outspoken on his hatred towards the LGBTQ+ community and has done much while in office to discriminate. On October 5, 2021,  Abbott signed a ban on transgender kids participating in school sports. It specifically will "require student athletes who compete in interscholastic competition to play on sports teams that correspond with the sex listed on their birth certificate at or near their time of birth," (House Bill 25). The full bill can be found here. Additionally,  Abbott has openly opposed same sex marriage and supported "bathroom bills," which denies transgender people access to the bathroom aligned with their gender. Most recently, Abbott "sent a letter to the Texas Department of Family and Protective Services ordering it to investigate reports of parents allowing their transgender children access to affirming medical care, falsely labeling it as 'abuse,'" (Glaad.org). 

Depending on the results of this election, candidates like Beto O'Rourke (Gubernatorial race) and Jessica Gonzalez have the opportunity to provide a rich and safer life for LGBTQ+ residents of Texas. Attached here is a full list of candidates in the Turn Out For Texas directory which highlights their name, desired office, county, pledge for LGBTQ+ equality, and if they are a LGBTQ+ candidate.

Disappointingly, Abbott has made it his mission to restrict voters as much as possible. In September, 2021, Abbott signed a voter restriction bill (Senate Bill 1), which the Republican led legislature approved during the second special session. The house Democrats blocked the first few versions of the bill by leaving the state for week, which prevented the house from voting.
Some key points of the bill are below:
  • Bans 24 hour voting (Targeted to Harris county, Houston)
    • Harris County opened 8 around the clock voting locations --> voting is now 6am to 10pm
    • Early voting eligible for those 12 hours prior in counties with populations above 55,000
  • Bans drive thru voting (Targeted to Harris County)
  • Vote by Mail mandate
    • Those who are over 65, out of the country on election day, or has an illness/disability that prevents them from in person voting will need to provide either their drivers license number or last four digits of their Social Security
  • Empowers poll watchers
    • Poll watchers are "entitled to sit or stand near enough to see or hear activity"
    • Entitled to watching poll closing activity and to follow the ballots from the polling locations to the tabulating center
Where do we go from here? We can only hope that LGBTQ+ voters get out to the polls to vote in those who will advocate and make change for them.

Sources: 

Disproving the Transphobic Response to the Nashville School Shooting

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