Today is International Day Against Homophobia

The International Day Against Homophobia (IDAHO) is May 17. It is an international campaign designed to highlight the effects of homophobia and transphobia. May 17th was picked because it was the day that the World Health Organisation officially declassified homosexuality as a disease. Today is also the seventh anniversary of the day that same-sex couples could get legally married for the first time in the United States, when Goodridge went in effect in Massachusetts.

U.S. Secretary of State Hillary Clinton issued a statement in support of IDAHO:

In every part of the world, men and women are persecuted and attacked because of who they are or whom they love. Homophobia, transphobia and the brutal hostility associated with them are often rooted in a lack of understanding of what it actually means to be lesbian, gay, bisexual, or transgender (LGBT). So to combat this terrible scourge and break the cycle of fear and violence, we must work together to improve education and support those who stand up against laws that criminalize love and promote hate. As we mark the International Day Against Homophobia and Transphobia this May 17, let us resolve to redouble our efforts. 

On behalf of President Obama and the people of the United States, I am proud to reaffirm our support for LGBT communities at home and abroad, and to call for an end to discrimination and mistreatment of LGBT persons wherever it occurs. Whether by supporting LGBT advocates marching in Belgrade, leading the effort at the United Nations to affirm the human rights of LGBT persons, or condemning a vile law under consideration in Uganda, we are committed to our friends and allies in every region of the world who are fighting for equality and justice. These are not Western concepts; these are universal human rights. 

Despite these gains and hard work, there is more to do to turn the tide of inequality and discrimination against the LGBT community. If you are lesbian, gay, bisexual or transgender, know that the United States stands with you and we are unwavering in our commitment to ending this cycle of hate.

Take a moment today to think about doing something to reduce prejudice against the LGBT community around the world.

Obama Administrations Ends Legal Defense of DOMA

FOR IMMEDIATE RELEASE                                                                                              AG

WEDNESDAY, FEBRUARY 23, 2011                                                             (202) 514-2007

WWW.JUSTICE.GOV                                                                             TDD (202) 514-1888

STATEMENT OF THE ATTORNEY GENERAL ON LITIGATION INVOLVING THE DEFENSE OF MARRIAGE ACT

WASHINGTON – The Attorney General made the following statement today about the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman:

In the two years since this Administration took office, the Department of Justice has defended Section 3 of the Defense of Marriage Act on several occasions in federal court.  Each of those cases evaluating Section 3 was considered in jurisdictions in which binding circuit court precedents hold that laws singling out people based on sexual orientation, as DOMA does, are constitutional if there is a rational basis for their enactment.  While the President opposes DOMA and believes it should be repealed, the Department has defended it in court because we were able to advance reasonable arguments under that rational basis standard. 

Section 3 of DOMA has now been challenged in the Second Circuit, however, which has no established or binding standard for how laws concerning sexual orientation should be treated.  In these cases, the Administration faces for the first time the question of whether laws regarding sexual orientation are subject to the more permissive standard of review or whether a more rigorous standard, under which laws targeting minority groups with a history of discrimination are viewed with suspicion by the courts, should apply.

After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.  The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.  Given that conclusion, the President has instructed the Department not to defend the statute in such cases.  I fully concur with the President’s determination.

Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit.  We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation.  I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option.  The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation. 

Furthermore, pursuant to the President’s instructions, and upon further notification to Congress, I will instruct Department attorneys to advise courts in other pending DOMA litigation of the President's and my conclusions that a heightened standard should apply, that Section 3 is unconstitutional under that standard and that the Department will cease defense of Section 3. 

The Department has a longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense.  At the same time, the Department in the past has declined to defend statutes despite the availability of professionally responsible arguments, in part because – as here – the Department does not consider every such argument to be a “reasonable” one.  Moreover, the Department has declined to defend a statute in cases, like this one, where the President has concluded that the statute is unconstitutional. 

Much of the legal landscape has changed in the 15 years since Congress passed DOMA.  The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional.  Congress has repealed the military’s Don’t Ask, Don’t Tell policy.  Several lower courts have ruled DOMA itself to be unconstitutional.  Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law.  But while both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court.

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Hillary Clinton Issues Statement on Murder of Uganda LGBT Activist

David Kato, a well-known Ugandan gay activist, was found murdered in his home

United States Secretary of State Hillary Clinton has issued a statement about the murder of Ugandan gay activist David Kato and called the President of Uganda Yoweri Museveni

We are profoundly saddened by the loss of Ugandan human rights defender David Kato, who was brutally murdered in his home near Kampala yesterday. Our thoughts and prayers are with his family, friends, and colleagues. We urge Ugandan authorities to quickly and thoroughly investigate and prosecute those responsible for this heinous act. 

David Kato tirelessly devoted himself to improving the lives of others. As an advocate for the group Sexual Minorities Uganda, he worked to defend the rights of lesbian, gay, bisexual, and transgender individuals. His efforts resulted in groundbreaking recognition for Uganda's LGBT community, including the Uganda Human Rights Commission's October 2010 statement on the unconstitutionality of Uganda's draft "anti-homosexuality bill" and the Ugandan High Court's January 3 ruling safeguarding all Ugandans' right to privacy and the preservation of human dignity. His tragic death underscores how critical it is that both the government and the people of Uganda, along with the international community, speak out against the discrimination, harassment, and intimidation of Uganda's LGBT community, and work together to ensure that all individuals are accorded the same rights and dignity to which each and every person is entitled.
Everywhere I travel on behalf of our country, I make it a point to meet with young people and activists -- people like David -- who are trying to build a better, stronger future for their societies. I let them know that America stands with them, and that their ideas and commitment are indispensible to achieving the progress we all seek. 

This crime is a reminder of the heroic generosity of the people who advocate for and defend human rights on behalf of the rest of us -- and the sacrifices they make. And as we reflect on his life, it is also an occasion to reaffirm that human rights apply to everyone, no exceptions, and that the human rights of LGBT individuals cannot be separated from the human rights of all persons. 

Our ambassadors and diplomats around the world will continue to advance a comprehensive human rights policy, and to stand with those who, with their courage, make the world a more just place where every person can live up to his or her God-given potential. We honor David’s legacy by continuing the important work to which he devoted his life.

The New York Times has more coverage of David Kato's death. Their article has a lot of information on his significance as an LGBT rights activist in Africa:

In October, a Ugandan newspaper called Rolling Stone (with a circulation of roughly 2,000 and no connection to the American music magazine) published a story that included photos and whereabouts of gay people, including several well-known activists like Mr. Kato.

The paper said gay people were raiding schools and recruiting children, a belief that is quite widespread in Uganda and has helped drive the homophobia.

Mr. Kato and a few other gay activists sued the paper and won. This month, Uganda’s High Court ordered Rolling Stone to pay hundreds of dollars in damages and to cease publishing the names of people it said were gay.

But the danger remained.

“I had to move houses,” said Stosh Mugisha, a woman who is going through a transition to become a man. “People tried to stone me. It’s so scary. And it’s getting worse.”

On Thursday, Giles Muhame, Rolling Stone’s managing editor, said he did not think Mr. Kato’s killing had anything to do with what his paper had published.

“There is no need for anxiety or for hype,” he said. “We should not overblow the death of one.”

That one man was considered a founding father of Uganda’s nascent gay rights movement. In an interview in 2009, Mr. Kato shared his life story, how he was raised in a conservative family where “we grew up brainwashed that it was wrong to be in love with a man.”

He was a high school teacher who had graduated from some of Uganda’s best schools and he moved to South Africa in the mid 1990s, where he came out. A few years ago, he organized what he claimed was Uganda’s first gay rights news conference in Kampala, Uganda’s capital, and said he was punched in the face and cracked in the nose by policemen soon afterwards.

Friends said that Mr. Kato had recently put an alarm system in his house and was killed by an acquaintance, someone who had been inside several times before and was seen by neighbors on Wednesday. Mr. Kato’s neighborhood on the outskirts of Kampala is known as a rough one, where several people have recently been beaten to death with iron bars.