LGBTQ
Meet the LGBTQ activist who challenged his Caribbean country’s anti-sodomy law and won
For years, Orden David was persecuted in his native Antigua and Barbuda — a frequent complaint by many LGBTQ people who fear for their safety across the conservative and mostly Christian Caribbean, where anti-gay hostility is widespread.
David was bullied and ridiculed. One time, a man stepped out of a car, made a comment about how a gay man was walking on the street late at night, then hit him in the head. More recently, another stranger struck him in the face in broad daylight, knocking him out. That's when he had enough.
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Facing ostracism and risking his life as the public face of the LGBTQ movement, David took his government to court in 2022 to demand an end to his country's anti-sodomy law.
"I realized that with our community, we've gone through a lot and there's no justice for us," Orden told The Associated Press. "We all have rights. And we all deserve the same treatment."
Last year, the Eastern Caribbean Supreme Court ruled the law unconstitutional. LGBTQ-rights activists say David's effort, with the help of local and regional advocacy groups, has set a precedent for a growing number of Caribbean islands. Since the ruling, St. Kitts & Nevis and Barbados, have struck down similar laws that often seek long prison sentences.
"It's been a legal and historic moment for Antigua and Barbuda," said Alexandrina Wong, director of the local non-governmental organization Women Against Rape, which joined the litigation coordinated by the Eastern Caribbean Alliance for Diversity and Equality.
"Our Caribbean governments are getting a good grip of what the world looks like and how we can reshape our history and … the future of the Caribbean people," Wong said.
The ruling said Antigua's 1995 Sexual Offences Act "offends the right to liberty, protection of the law, freedom of expression, protection of personal privacy and protection from discrimination on the basis of sex."
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Antigua and Barbuda Prime Minister Gaston Browne told the AP that his government decided not to challenge the ruling: "We respected the fact that there should be no discrimination within society," he said. "As a government, we have a constitutional responsibility to respect the rights of all and not to discriminate."
The law stated that two consenting adults found guilty of having anal sex would face 15 years in prison. If found guilty of serious indecency, they faced five years in prison.
Such laws used to be common in former European colonies across the Caribbean but have been challenged in recent years. Courts in Belize and Trinidad and Tobago have found such laws unconstitutional; other cases in the region are pending.
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Same-sex consensual intimacy is still criminalized in six Caribbean countries, according to Human Rights Watch and the London-based organization Human Dignity Trust. The countries include Dominica, Grenada, Guyana, St. Lucia, St. Vincent and the Grenadines, and Jamaica, which some LGBTQ-rights groups consider the Caribbean nation most hostile to gay people.
"Governments in these jurisdictions should be pro-active and repeal these laws now, instead of waiting for members of the LGBT community to force legal change," said Téa Braun, chief executive of Human Dignity Trust. "With three successful judgments last year and further legal challenges in the Caribbean ongoing, it is only a matter of time before these laws fall across the region."
Jamaica's government has argued that it doesn't enforce its 1864 anti-sodomy laws, but activists say keeping these laws on the books stokes homophobia and violence against the LGBTQ community in several Caribbean countries.
LGBT people in such countries, face "a constitution that criminalizes them on one end, and a religion that says they're an abomination," said Kenita Placide, executive director for The Eastern Caribbean Alliance for Diversity and Equality.
"It has created a culture of stigma and discrimination, which has now led to violence," she said. "And in each of those countries, including Antigua, we've seen LGBT persons who've fled because of certain levels of violence."
Growing up, Orden David was bullied in school and discriminated against outside its walls. People took photographs of him and posted them on social media, called him slurs and attacked him physically.
"What pushed me to go forward with this litigation case, to challenge the government, is that experience that I've gone through in life," David said, adding that in 2019 he was knocked out by a stranger who hit him on the face while he was working in a hospital.
Discrimination against LGBTQ people persists in the Caribbean. Some conservative lawmakers and religious leaders oppose the abolition of anti-gay laws invoking God in their arguments and calling gay relationships a sin.
"I don't think that God created man and woman to engage in that way," said Bishop Charlesworth Browne, a Christian pastor who is president of the Antigua and Barbuda Council of Church Leaders. For years, he has campaigned against easing the country's anti-gay laws.
"It's not just a religious issue. It's a health issue," Browne said. "It's for the sake of our children, the health of the nations, the preservation of our people."
Some major Christian denominations, including the Catholic Church, say all sexual activity outside of a marriage between a man and a woman is sinful. Other houses of worship, including many mainline Protestant churches and synagogues, have LGBTQ-inclusive policies.
When LGBTQ activist Rickenson Ettienne also was brutally attacked in Antigua for being gay, his church community sang and prayed for him outside the hospital while he recovered from a cracked skull. "It was traumatic," he said of the assault. "But even with that experience, I found out that there's humanity, there's the human side of people."
Although David didn't face outright intolerance at the Christian church where he grew up singing in the choir, he grew disenchanted by some parishioners who tried to introduce him to the scientifically discredited practice of so-called gay conversion therapy. He eventually stopped attending, but believes in God and prays at home.
"Christians need to realize that everybody's human at the end of the day. And if you're going to push Christianity and then think that being a homosexual is a sin … then you should put yourself in that same category, as a sinner," he said.
"Christians are supposed to love, accept and encourage people, not push people away … that's one of the things that I really don't believe in: When Christians use the word 'hate,'" said David. He has the Chinese word for "love" tattooed on his neck, and says that loving people is his "number one goal."
Working for Antigua's AIDS Secretariat, he tests people for sexually transmitted diseases, distributes condoms and counsels them on prevention, treatment and care. He's also president of Meeting Emotional and Social Needs Holistically, a group that serves the LGBTQ community. And he volunteers. On a recent night, he walked across dark alleys of downtown St. John's to hand out condoms to sex workers.
"It's important to offer the services to the LGBTQ community, and especially to sex workers," he said. "Because this population are more at risk."
1 year ago
Prospects dim for passage of LGBTQ rights bill in Senate
Controlling Congress and the White House for the first time in a decade, Democrats were hopeful that this would be the year they finally secured civil rights protections for LGBTQ Americans.
Then came a new debate over women’s and girls sports.
Legislation that would add sexual orientation and gender identity to the Civil Rights Act of 1964 is running aground in the Senate, partly knocked off course by the nationwide conservative push against transgender participation in girls and women’s athletics that has swept state legislatures and now spilled into the halls of Congress.
Sen. Ted Cruz, R-Texas, said the House-passed legislation would “in effect repeal Title IX” by making it easier for transgender women to play on girls teams. Sen. Cindy Hyde-Smith, R-Miss., said that allowing “male-bodied athletes” to compete against females would “totally undermine” girls basketball. Rep. Vicky Hartzler, R-Mo., said the bill would “decimate” female athletic competition.
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Democrats are frustrated by the shift in the debate, saying there’s ample evidence that the Republican claims are false and overblown.
The International Olympic Committee has allowed transgender athletes to compete for years under specific parameters, and, to date, there have been no known transgender women compete in the Olympics. Only one known transgender woman has competed at the Division I level in the NCAA. And though legislators in around 30 states have introduced legislation to ban or limit transgender athletes from competing on teams that align with their gender identity, few lawmakers have been able to cite specific cases in their home states where it became an issue.
“We are waiting for this avalanche of problems,” said the chair of the Senate Judiciary Committee, Democratic Sen. Dick Durbin of Illinois, characterizing the Republicans’ argument. “They haven’t really surfaced.”
But Republicans are unyielding in their opposition to the legislation, spurred on by conservative groups who are pushing anti-transgender laws nationwide. With no Republicans signed on, for now, Democrats are unlikely to win the 60 votes needed to pass the Equality Act, potentially putting the issue in limbo indefinitely.
“It’s very discouraging, but in many ways not surprising, that Republicans are so focused on the trans community to build up opposition,” said Rep. David Cicilline, D-R.I. He called the GOP arguments over sports a solution in search of a problem.
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Sports are just the latest front in the decadeslong GOP culture war over LGBTQ rights that has focused increasingly on transgender Americans since 2015, when the Supreme Court legalized same-sex marriage. Conservative groups including The Heritage Foundation, Family Policy Alliance and the Christian legal network Alliance Defending Freedom have been engaged for much of the past two decades in advocacy against the LGBTQ rights movement. An earlier push by those groups to enact laws requiring transgender people to use public bathrooms corresponding to the sex on their birth certificate sputtered amid backlash.
Republicans contend the Equality Act would open the floodgates for transgender girls and women to play on female sports teams and hurt others’ chances to compete. While the bill does not explicitly mention sports or touch Title IX protections against sex-based discrimination, they say extending the protections to gender identity would eliminate “private spaces” for cisgender women, including sports teams.
They have repeatedly pointed to one example in Connecticut, where two transgender high school runners in Connecticut won several championships. A lawsuit filed by the runners’ teammates was recently thrown out.
“I have to say, as the father of two young girls, that girls sports has had a profound impact in their lives,” Cruz said at a hearing on the bill.
“The discipline, the teamwork, the camaraderie, the competitiveness, that girls sports teaches, is effectively destroyed from this bill.”
Christiana Holcomb, a lawyer with Alliance Defending Freedom, contends that the Equality Act would supersede Title IX “and force vulnerable girls to share intimate spaces with men who identify as female.”
GOP opposition to the bill goes beyond sports, however. Republicans have stalled earlier iterations of the legislation while making different arguments, including that it would infringe on religious freedom.
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Democrats say that none of those objections hold weight and that it’s long past time to make clear that the nation’s civil rights laws explicitly include sexual orientation and gender identification. Passage of the law would outlaw discrimination in employment, housing, loan applications, education, public accommodations and other areas, as it did for women and racial minorities in an earlier era.
President Joe Biden pushed for the bill in his address to Congress last month, speaking directly to transgender Americans “watching at home, especially young people, who are so brave. I want you to know, your president has your back.”
The lead sponsors of the bill, Democratic Sen. Jeff Merkley of Oregon and Cicilline, say they know they have work to do. Merkley says he is working with Republicans and civil rights organizations “to find a path forward that will bring senators together behind a vision of full equality for LGBTQ Americans.”
The legislation has support from the Women’s Sports Foundation, a group that has advocated for women’s and girls sports for more than 40 years. The group says the GOP narrative on transgender athletes is a distraction from more important issues, including pay inequity and the harassment and abuse of female athletes.
“Let us be clear, there are many real threats to girls’ and women’s access and opportunity in sports,” the group said. “However, transgender inclusion is not one of them.”
Many of the state legislators who have pushed the bills to ban transgender girls from competing on girls sports teams couldn’t cite any local examples, according to a review by The Associated Press in March. The AP reached out to two dozen state lawmakers sponsoring such measures as well as the conservative groups supporting them and found only a few times it’s been an issue among the hundreds of thousands of American teenagers who play high school sports.
Stella Keating, a 16-year-old transgender girl from Washington state, testified to the Senate that she wanted to join her school’s bowling team because her friends were on it.
“I can tell you that the majority of transgender people who join sports just want to hang out with their friends,” Keating said. “And that’s basically it.”
3 years ago
Japan's Olympic chief marks pride week with LGBTQ event
The head of the Tokyo Olympics on Tuesday took part in an event marking Japan’s LGBTQ pride week at a center in the capital, as activists and dozens of lawmakers pushed for an equality law to be enacted before the games begin in less than three months.
Seiko Hashimoto visited Pride House Tokyo, an international initiative to provide a place for LGBTQ people and others to connect during the games. The first Pride House was set up during the 2010 Winter Games.
Japan is the only country in the Group of Seven major industrialized nations where same-sex marriages are not legally recognized. A Japanese court ruled last month that same-sex marriage should be allowed under the constitution, although the ruling has no immediate legal effect.
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“We need to take action now,” Hashimoto said, adding that she wants people to remember the Tokyo Games as a “turning point in achieving diversity and harmony, including understanding for LGBTQ” issues. Hashimoto toured Pride House and met with LGBTQ activists, including athletes, for talks.
Elsewhere in Tokyo, over 40 lawmakers and their aides from the governing and opposition parties — all wearing matching rainbow-colored facemasks — as well as activists and supporters gathered in person and online for what they called a Rainbow Parliament event to push for enactment of an LGBTQ equality act. Tennis great and equal rights advocate Billie Jean King also sent a video message of support.
Late last month, activists submitted a petition with over 106,000 signatures to the governing and opposition parties calling for an equality law before the Tokyo Games begin on July 23. They say momentum for the legislation is growing as Japan gets more attention over its handling of gender equality, diversity and other rights issues.
“We hope to speed up an enactment of the equality act,” said Yuri Igarashi, co-chair of the Japan Alliance for LGBT Legislation.
Kanako Otsuji, a lesbian lawmaker from the main opposition Constitutional Democratic Party of Japan, said she was a target of bullying at school. “I was often called a ‘manly girl’ and bullied,” she said.
Also read: Japan Olympic Minister: Games could be held any time in 2020
“Many people cannot speak up because of fear of discrimination. Then how can we change the situation? Legal protection is the only way,” she said. “For the children of the next generation to not face this kind of bullying, we need anti-discrimination laws.”
Many sexual minorities still hide their sexual identities in Japan, fearing discrimination at school, work and even from their families. In addition, transgender people must have their reproductive organs removed before their gender can be changed on official documents — a requirement that international medical experts and human rights groups criticize as inhumane.
Aki Nomiya, a transgender activist, said people whose appearances and official records don’t match feel especially vulnerable. “Unless we are free of fear of prejudice and discrimination, we cannot live peacefully,” she said.
Gon Matsunaka, who heads Pride House Tokyo and led Hashimoto on the tour, said the sports world remains unfriendly to LGBTQ people because of its gender specificity.
“In many sports, players are divided between men and women. In sports, masculinity is often emphasized because of competition in speed and power, and sexual minorities are often made fun of or harassed,” Matsunaka said.
3 years ago
Mormon leader: Be kind to LGBTQ, but don't forget God's laws
Salt Lake City, Oct 6 (AP/UNB) — A top leader of The Church of Jesus Christ of Latter-day Saints laid out Saturday how the faith intends to navigate its delicate balance of firm opposition to same-sex relationships while being empathetic toward LGTBQ members.
5 years ago