ISSUE BRIEF: This Month In LGBTQ Justice

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Every Friday, PRA brings you a monthly update on a different social justice issue. This week, we are recapping the last month in LGBTQ Justice.

Ecuador’s “Gay Addiction” Clinics Continue Torturous Practices
On November 7th, the Union and Hope Clinic in Pisuli, Ecuador was raided by police. The clinic is one of many in Ecuador that deals with “gay addiction,” and uses rape and torture as clinical tools to “cure” people of homosexuality. Seven people were arrested after the police found patients in “inhumane conditions.” The seventeen people rescued from the clinic adds to the approximately 500 people who have been freed from such clinics this past year. Carina Vance Mafla, Ecuador’s openly lesbian health minister, has vowed to work with LGBTQ organizations to shut down these clinics. The Health Ministry has already ordered the closure of 30 clinics, although many have already re-opened under different names. An article published recently in the Sunday Times focuses on the practice of kidnapping people, with parental consent, to be sent to these clinics to be “cured” of homosexuality.

Suggestive Pants Amount to Homophobic Act In Lithuania
A recent survey shows that Lithuanians have become less tolerant of homosexuals, and more tolerant of their homophobic neighbors in Russia. Recently, Petras Grazulis, a member of the Law and Order Party in Lithuania who is known for his anti-gay views, personally delivered a pair of pants with a zipper on the rear to the Lithuania Gay League (LGL). LGL members had been taking part in a European Union conference on hate crimes in Vilnius, and it appears that Grazulis’s actions were in response to this. Back in May 2012, Gazulis crashed an LGBTQ rights event and declared that all gays should leave the country, asking, “How are homosexuals better than necrophiliacs or pedophiles?” Grazulis’s actions can be seen as part of a greater trend towards homophobia and transphobia in Lithuanian politics. In December the Lithuanina parliament is slated to consider five separate anti-gay and anti-trans bills, including a ban on gender reassignment and a legislation legalizing hate crimes against LGBTQ people.

ENDA Loses Momentum in the U.S. House

John Boehner currently sees “no need or no basis” for ENDA.

While the Senate passed the Employment Non Discrimination Act (ENDA) on November 7, progress on the legislation has hit a wall in the House.   LGBTQ rights advocates have been pushing for an executive order to prohibit federal contractors from engaging in anti-LGBTQ discrimination. The White House has been withholding with the order, citing the need for Congress to act. While an executive order would not be be as comprehensive as ENDA, it would protect as many as 16 million workers while the legislation stalls in the House. Meanwhile, House Speaker John Boehner (R-OH) has said he sees “no need or basis” for ENDA, and is refusing to bring the legislation to the floor for a vote. In response to Boehner’s dismissal of ENDA’s necessity, LGBTQ advocates cite the plurality of states in the U.S. where there is no law in place prohibiting anti-LGBTQ discrimination. Currently, 22 states have statutes that explicitly prohibit sexual orientation-based employment discrimination. Eighteen states have gender identity and anti-discrimination laws in place. A recent study by the U.S. Government Accountability Office shows that there are relatively few discrimination complaints in states with such laws.

Fenway Institute to Host Webinar on Transgender Health
The National LGBT Health Education Center at the Fenway Institute will host a webinar entitled “Transgender Medical Care: Advanced Case Discussion” on December 10 from 3-4 pm EST. Their website was launched in 2012 as part of LGBT Awareness Month, and provides educational programs, resources, and consultation to health care organizations with the goal of optimizing quality, cost-effective health care for LGBT people. All webinars are available on-demand.

NOM’s 990 Reveals They Finished 2012 $2.7M In the Red
A recently released 990 tax form reveals the the National Organization for Marriage (NOM) finished 2012 $2.7 million in the red (although Maggie Gallagher is still somehow pulling $160K from them). Some people have seen the 990 as an indicator that NOM can no longer profit from their anti-LGBT agenda. NOM and the Far Right may be losing the battle to define marriage in this country, but there are other wells for them to draw from in the LGBT community, and NOM seems to be aware of this. The Supreme Court struck down a key section of DOMA and invalidated California’s Prop 8, but NOM has recently joined the fight against a bill signed by California Gov. Jerry Brown that allows students to define their gender for themselves, choose which restroom they want to use, and decide whether they wish to play on male- or female-gendered sports teams. NOM may have had a rough year in 2012, but if the fight for transgender rights turns out to be NOM’s newest cash cow, 2014 could see their anti-LGBT agenda become lucrative again.

World Congress of Families Hosts Discussion on Family Policy Abroad
The anti-gay World Congress of Families (WCF) hosted a discussion in Washington, D.C. on “What America Should Learn” from family policy abroad. The meeting was originally intended to be held in a Senate meeting room, but Sen. Mark Kirk (R-IL) withdrew his sponsorship after an outcry from LGBT activists. House Speaker John Boehner then provided the group with a meeting space. During the discussion, the WCF touched on the subject of encouraging the growth of grassroots conservative movements in France, Spain, and Nigeria. Much of the discussion, however, centered on how the U.S. media has “distorted” the Russian anti-propaganda law. “They are trying to build a pro-family movement in Russia, and we’re working with them,” said Allen Carlson, founder and international secretary of WCF. The World Family of Congress is an organization that has become infamous for both exporting conservative ideologies from the U.S. as well as brining conservative ideals and strategies back into the country. The group will be holding their 2014 summit in Moscow.

Scott Lively Has A “Theory” About the Anti-Gay Violence In Russia
While on “Mission America”, Linda Harvey’s radio show, Scott Lively espoused his theory on the true nature of the anti-gay violence in Russia. Lively is claiming that the widely seen (thanks to YouTube) violence against LGBT people in Russia is actually to “gay-on-gay crime”. Lively alleged, “The guys that are beating up gays in Russia—and it’s not any more prevalent than it ever has been really and it isn’t all that prevalent at all—but the ones that are doing it are butch homosexuals who are beating up effeminate homosexuals.” Lively, known for his work exporting homophobia to Uganda, has recently turned his attention to Russia (perhaps because he is on trial for crimes against humanity in Uganda). In October, he participated in a planning meeting for WCF’s 2014 conference in Moscow.

Harry Reid Says Mormon Views On LGBT Rights “Evolving”
Senate Majority Leader Harry Reid (D-NV) said that members of his faith, the Church of Jesus Christ of Latter-day Saints (Mormon Church), are evolving their views on LGBT rights, citing recent support of church members for ENDA.  While it may be true that members of the church are evolving their views, recent news of the Church itself, the body that governs LDS members, shows little sign of change. The Church has continually told its members that it is their duty to oppose gay marriage, saying that “unlike other organizations that can change their policies and even their doctrines, our policies are determined by the truths God has declared told to be unchangeable.” One of the Church’s highest leaders, Russell M. Nelson, recently said, “Marriage between a man and a woman is God’s pattern for a fullness of life on Earth and in heaven. God’s marriage pattern cannot be abused, misunderstood or misconstrued.” While it is encouraging that members of the church may be changing their views on LGBT rights, the Church itself, which yields a great deal of financial and ideological influence in U.S. government, continues to oppose marriage equality. In Hawaii, before marriage equality was passed earlier this month, the Mormon Church lobbied extensively against the law.

Being Gay Now Grounds For Asylum in European Union
The EU’s top court, the European Court of Justice, ruled this month that being gay is now grounds for asylum. LGBT people fearing imprisonment in their home countries will now have grounds for seeking asylum in any of the 28 EU member states. The case in question centered on three gay men from Sierra Leone, Uganda, and Senegal who had unsuccessfully fought to be given refugee status in the Netherlands. The Dutch Council of State asked whether homosexuals could be considered a “particular social group”, since under international law a particular social group with a well-founded fear of persecution can claim refugee status if the persecution amounts to a severe violation of human rights. The Court ruled existence of laws imprisoning gay people “may constitute an act of persecution”, although the mere existence of a ban on homosexuality is not grounds in itself for seeking an asylum request.

This Past Month Has Been Big For Marriage Equality

http://www.freedomtomarry.org/states/

In slightly less than a month, three states have passed marriage equality. On October 21, LGBT New Jerseyans began to marry at midnight. Just hours later, Gov. Chris Christie announced his plans to drop his appeal of the law. On November 13, in Hawaii, Gov. Neil Abercrombie signed a marriage equality law after a Special Session during which legislators discussed why marriage equality matters to same-sex couples and their families. LGBT people in Hawaii will begin to marry on December 2. Finally, on November 20, in Illinois, Gov. Pat McQuin signed the freedom to marry law after it was approved earlier this year by the State House and Senate. LGBT couples will begin marrying there in June, 2014. As of right now, 16 states and the District of Columbia have legalized marriage equality, with over 38% of the U.S. population living in these states. It also seems possible that the high court in New Mexico may rule in favor of marriage equality by the end of the year, although some state Republicans are already creating a plan to strike back by pursuing a statewide constitutional referendum to ban the unions.

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