anti-LGBTQ laws

An illustration of Africa filled in with a rainbow gradient cast against a gray backdrop.

nikonomad / Adobe Stock

IN MAY, UGANDA'S President Museveni signed a law that criminalizes same-sex sexual acts between consenting adults and allows for the death penalty in some cases. Homosexuality was already illegal in Uganda under a colonial-era law and punishable by life imprisonment. Uganda joins four other countries on the continent where being gay may be punishable by death.

When African leaders say that homosexuality is alien to African culture and is being introduced into Africa by Westerners, they are referring to African history that was strategically redacted over time by European colonizers and missionaries. This erasure was counter to original colonial annals that reflect exceptions to heterosexuality as far back as the 1500s. Portuguese documents identify esteemed same-sex male relationships in the kingdom of Kongo and a male-identified female warrior class in Dahomey.

One result of this redacted history is that in later anti-colonial struggles, African nationalists would uphold a moral “African” sexuality (one actually rooted in standards imposed by colonizers) against the immoral West, according to historian Marc Epprecht. Both religious and state power have been used to suppress LGBTQ+ people in African societies while also promoting heteronormativity for building the nation-state collective identity. Even today, “patriotic heterosexuality” is promoted by some state and religious leaders.

This religio-political system blurs the lines between state and religion. In fact, state power immediately positions itself as a tool for promoting collective Africanness within a particular nation-state, allowing it to make religion a partner in its use of force to control those it deems to exist at the peripheries of heteronormative society.

An example is in Uganda. The Anglican archbishop there has openly aligned the Anglican Church with the state authorities in ensuring that homosexuality is criminalized.

Luckily, the picture is not completely bleak.

7-10-2023
The cover for Sojourners' August 2023 issue, called "The Paradox of Poverty." Small figurines of a white couple in fancy garbs stand on top of a tall stack of silver and gold coins. There are other figurines below working by carrying around dollar bills.

CSA-Printstock / iStock

How the “welfare state” is designed to subsidize affluence rather than fight poverty.

Image via RNS/Reuters/Evan Vucci/Pool

Vice President Mike Pence — a onetime altar boy who became an evangelical Protestant — proclaimed President Donald Trump a faithful supporter of Catholic values at the National Catholic Prayer Breakfast, an event that sought to set aside any friction between the president and the pope.

“Let me promise all of you, this administration hears you. This president stands with you,” Pence said to the 1,300 gathered.

Jim Wallis 4-01-2015
Aaron P. Bernstein/Getty Images

Aaron P. Bernstein/Getty Images

For the past several days, Indiana Gov. Mike Pence has found himself at the center of a political firestorm over his state’s adoption of a new Religious Freedom Restoration Act.
 
Many believe that Indiana’s law went too far, including many in the faith community, because it could have opened the door for businesses to discriminate on the basis of sexual orientation. Pence has repeatedly denied this was the intent — and early Thursday morning, Indiana's Republican leaders announced a deal that they say would make it clear no one will "be able to discriminate against anyone at any time." Read the changes here. The new anti-discrimination language has already drawn a positive response from some of the original law’s critics.
 
Of course, the debate continues, as those on one side say the clarification doesn’t go far enough and those on the other that it was an unnecessary concession. We see the RFRA debate extending to other states, like Arkansas, where amid concerns from Wal-Mart and his own son, Gov. Asa Hutchinson last night said he wouldn’t sign the pending religious freedom legislation until it mirrors the federal law — taking a note from the Indiana dust-up.
 
The dangerous part of the original Indiana law was that by including businesses in RFRA protections, it went further than other state RFRA laws and could even give permission for discrimination.
Cathleen Falsani 11-17-2014
Lila Katz, refugee. Image courtesy the author.

Lila Katz, refugee. Image courtesy the author.

Currently, 78 nations worldwide criminalize same-sex relations; of those, seven may impose the death penalty for consensual same-sex conduct, according to ORAM. In Uganda, for instance, where there has been capital punishment for homosexual activity in the past, homosexuality currently is considered a criminal act punishable by a 14-year prison sentence.

At a recent JFCS-East Bay staff meeting, Weiss, director of refugee and immigrant services, recounted the story of a recent LGBT refugee arrival that brought many staff members to tears.

"One person who I had the honor to pick up at the airport and witness his experience and his mind was blown," Weiss began. "He went from having nothing — nobody to help him, in fear for his life, 23 years old (my daughter’s age) — having to flee barefoot, climb over a fence, escape prison, run for his life, police find him at his cousin’s house, re-arrest him … the story is just incredible. Multiple times fleeing on foot with no money, no water. Being in a refugee camp. Being beat up by a group of Somali men in the refugee camp that was supposed to be his refuge.

"Being physically and of course emotionally traumatized. And then getting on a plane — not knowing where he was going until he’s about to travel and then finding out he’s going to San Francisco," she continued. "On the way to the airport, we had this wonderful Iraqi LGBT volunteer who came five years ago as a refugee himself and he says to me, five minutes before the [new] guy arrives, ‘I’m five years old; I was born when I came down that escalator five years ago and this guy is about to be born.

"And down the escalator comes this jet black African guy who is obviously very gay — in the way you can tell by his escalator ride," she said, drawing knowing laughter from the staff, some of whom are LGBT themselves. "He couldn’t hide it. That’s why his life was in danger. On the way back from the airport, our volunteer says that after we drop him off, he’s going to The Castro, and [the new guy] says, ‘Can I come with you?!’

"It’s really just remarkable to witness his journey from hell to heaven," Weiss said.

Suzanne Ross 2-28-2014
Arizona highway sign, Janece Flippo / Shutterstock.com

Arizona highway sign, Janece Flippo / Shutterstock.com

Arizona has been in the news because of an attempt to get a law on the books that would give Christian business owners the right to refuse products or services on religious grounds. Many commentators feared it would create a right to discriminate against the LGBTQ community. A robust debate has ensued around the question of whether it is Christian to refuse service for any reason or more Christian to serve everyone without qualification. It’s a good debate and it has revolved around the interpretation of certain Biblical texts – the so-called “clobber texts” and whether they condemn homosexual behavior; the call to be neighborly and love our enemies and whether that includes a bit of tough love now and then. My view was well explained by Benjamin Corey – I’m on the love everyone, no exceptions side of this debate with Ben. To my way of thinking, the law was very un-Christian and I’m glad that Gov. Jan Brewer refused to sign it .

But despite Ben Corey’s eloquence and my agreement with him, we didn’t really settle anything. These verbal jousting matches about whose interpretation of Christianity is more true, important as they are, don’t go deep enough. I’d like to introduce a historical element by looking closely at what religion is and how it has functioned in human history. The question I want to ask is not whether it’s Christian to exclude someone but whether it is religious. I’d like to make the case that the answer is yes, it is religious, and propose that Christianity, and any religion that emphasizes the unity of humanity over our differences, is therefore not a religion like other religions. Christianity is therefore more radical than most of its adherents realize.