On June 30, 2013, just four days after the U.S. Supreme Court announced its decisions in favor of marriage equality in Windsor and Perry, Russian President Vladimir Putin signed into law Federal Law 135, which bans propaganda to minors about “non-traditional sexual relations.”
For several years, opponents of marriage equality in the United States have turned their attention overseas, to places like Uganda, Nigeria, and Russia, where their rhetoric about “traditional family values” and their lies conflating homosexuality with sexual abuse of children appear to have found receptive audiences. Today, as the last days of the Sochi Olympics approach, and as Ugandan President Yoweri Museveni prepares to sign into law a bill that would impose punishments of up to life imprisonment for “aggravated homosexuality,” it’s important to examine Russia’s “gay propaganda” law, its effect on children, and the origins of Russia’s law and others like it.
It Gets Worse: Russia’s Propaganda Law Targets Civil Society Groups that Support LGBTI Youth
Russia’s propaganda law is designed to isolate LGBTI youth in Russia from all possible sources of support, driving them deeper into the closet and ensuring that they won’t be able to see or hear any information that could suggest anything positive about their sexual orientation or gender identity.
Article 3(2)(b) of Federal Law 135 imposes administrative fines and, in the case of non-citizens, deportation, for:
Propaganda of non-traditional sexual relations among minors, including distribution of information that intends minors to adopt non-traditional sexual orientations, that makes non-traditional sexual relations attractive, that presents distorted conceptions of the social equivalence of traditional and non-traditional sexual relations, or that imposes information about non-traditional sexual relations that evokes interest in these relations.
This language is just as vague in Russian as it is in my English translation. But what’s not vague are the penalties, which show that the law’s real targets are civil society organizations and individuals who use the internet to reach out to and support Russian LGBTI youth:
- Russian citizens: fines of 4,000-5,000 rubles ($114-$142), or enhanced penalties of 50,000-100,000 rubles ($1,419-$2,839) for propaganda using the media or the internet
- Russian administrative officials: fines of 40,000-50,000 rubles ($1,140-$1,420), or enhanced penalties of 100,000-200,000 rubles ($2,839-$5,677) for propaganda using the media or the internet
- Legal entities (businesses, non-governmental organizations): fines of 800,000-1,000,000 rubles ($22,710-$28,387) or suspension of activities for up to 90 days, or enhanced penalties of 1,000,000 rubles ($28,387) or suspension of business activities for up to 90 days for propaganda using the media or the internet
- Non-citizens: fines and penalties identical to those for Russian citizens, but also administrative deportation and /or administrative arrest for up to 15 days.
The vague language describing the prohibited conduct and the steep fines that escalate for individuals who distribute their “propaganda” on the internet are designed to chill speech and stifle any efforts to provide support to LGBTI youth in Russia.
Some observers have noted that eight states in the United States have laws prohibiting classroom instruction that portrays homosexuality in a positive light. But Russia’s law is much broader in scope, prohibiting everything from gay pride parades to online support groups.
“Leave the Children Alone”: Harming Children under the Pretext of Protecting Them
In attempting to reassure Olympians, coaches, and other visitors to Russia about the new law, President Putin announced in January that LGBTI people “can feel free” in Sochi, as long as they “leave the children alone.” As insinuated by Putin’s comment, and by the text of the law itself, the pretext for the law is the protection of children. As such, the law is grounded in three fundamental misconceptions and lies:
- Being gay is a choice
- LGBTI adults “recruit” young people
- Gay people are pedophiles
The United Nations’ Committee on the Rights of the Child is the first treaty body to review Russia’s human rights record since it adopted the propaganda law last year. On January 31, the committee issued its Concluding Observations from that review, condemning the propaganda law and related policies as violating the rights of Russia’s children under the Convention on the Rights of the Child.
The committee urged Russia to repeal the propaganda law, noting that it “encourages stigmatization and discrimination against LGBTI persons, including children, and children of LGBTI families” and “leads to the targeting and ongoing persecution of the country’s LGBTI community, including abuse and violence, in particular against underage LGBTI activists.” The committee called on Russia to “ensure that children who belong to LGBTI groups or children of LGBTI families are not subjected to any forms of discrimination” and to “take urgent measures to prevent bullying of LGBTI children in schools by educating children and school staff and punishing the perpetrators accordingly.”
Scott Lively’s “Greatest Success”
Just a few days after the Russian Duma (parliament) unanimously passed the propaganda law last June, a delegation of U.S. and French anti-gay activists traveled to Moscow at the invitation of the Duma. The U.S. delegates included Brian Brown, president of the National Organization for Marriage. Brown was there to testify in favor of a bill that would tighten Russia’s laws governing international adoptions, prohibiting international adoptions by same-sex couples and by single people living in countries that recognize marriage equality. The adoption ban passed five days later, and the Russian government just last week officially implemented that law.
Last October, Brown, along with Scott Lively, president of Abiding Truth Ministries, and several other Americans who had led the fight against LGBTI rights in the United States, was back in Moscow to plan for the World Congress of Families VIII, scheduled for September 2014 in Moscow. At least 14 American conservative leaders have lobbied Russian lawmakers to support the propaganda law and adoption legislation. The Illinois-based World Congress of Families has staff in Russia who have been actively lobbying in favor of the latest anti-gay laws in Russia.
Lively is no stranger to Russia. Nearly a decade ago, he gave up on fighting against LGBTI rights in the United States, setting his sights on Russia, Uganda, and “other countries in the world that are still culturally conservative to warn them . . . and to help put barriers in place.” In 2006 and 2007, he conducted a 50-city tour of the former Soviet Union. In 2006, prior to Lively’s tour, the Duma had overwhelmingly rejected a bill similar to Federal Law 135.
The purpose of Lively’s tour, as he explained in his 2007 Letter to the Russian People, “was to bring a warning about the homosexual political movement,” which he described as “a very fast-growing social cancer that will destroy the family foundations of your society if you do not take immediate, effective action to stop it.”
During the tour, Lively called on Russians to “criminalize the public advocacy of homosexuality. . . . [H]omosexuality is destructive to individuals and to society and it should never [be] publicly promoted. The easiest way to discourage ‘gay pride’ parades and other homosexual advocacy is to make such activity illegal in the interest of public health and morality.”
Several regional governments in Russia adopted Lively’s proposed propaganda bans before the federal law took effect last June. Lively recently boasted: “My greatest success, in terms of my own personal strategy, is Russia.” He told Bryan Fischer of the American Family Association that the Russian law was one of his “proudest achievements.”
A key chapter in Lively’s worldwide playbook is the argument that lawmakers need to protect families from Western gays who are attempting to recruit their children. In his book, Redeeming the Rainbow, Lively advises opponents of gay rights to fight back against sympathy toward gays by emphasizing child recruitment and rape.
It’s probably no coincidence that in October 2013, during Lively’s last visit to Moscow, the Duma began consideration of a bill that would add sexual orientation as a ground for terminating parental rights. The Duma postponed consideration of the bill in the run-up to the Olympics, but observers predict it will be back before legislators as soon as international attention on Russia fades.
Another pernicious U.S. export to Russia is the discredited 2012 study by University of Texas sociologist Mark Regnerus. His study included only two respondents who were even arguably raised by same-sex parents, and more than 200 sociologists signed a letter criticizing Regnerus’ methodology. The American Sociological Association submitted an amicus brief to the U.S. Supreme Court in the Windsor case thoroughly examining the flaws in Regnerus’ work.
Lawmakers backing Russia’s bill to terminate parental rights on the basis of sexual orientation cited the study in support of the proposition that parenting by LGBTI people is dangerous, despite Regnerus’ objections to the legislation. Last June, the Regnerus study also played an important role in the Duma’s decision to pass the propaganda law and the law restricting international adoptions. Although Regnerus has refused to give an interview to the New York Times, he did an interview last year with a Russian-language news agency in Ukraine, which profiled him in an article titled “First shocking scientific facts published about the families of homosexuals,” concluding that Regnerus’ study amounted to “shocking” evidence showing the “tragic results” of same-sex parenting on children.
Lively has expanded on his work in Russia and Uganda to include Belarus, Estonia, Latvia, Lithuania, Moldova, Poland, and Ukraine, all with the goal of encouraging the adoption of laws to block the open expression of homosexuality, keep discrimination based on sexual orientation and gender identity legal, and make pro-gay advocacy a crime.
Lively is being sued under the Alien Tort Statute for his work on anti-gay legislation in Uganda. The suit, brought by Sexual Minorities Uganda, with the assistance of the Center for Constitutional Rights, alleges that Lively’s active participation in a conspiracy to strip away fundamental rights from LGBTI persons in Uganda constitutes persecution.
This post is the second in a five-part series in The Advocates Post about LGBTI rights in Russia and the Sochi Olympics. Part 1 took a look at why the Sochi Olympics in 2014 are important to LGBTI rights in Russia and the rest of the world. Part 3 will explore how Russian authorities are enforcing the propaganda law. Part 4 will examine the societal effects of discriminatory laws such as those in Russia and other countries. Part 5 will analyze a variety of approaches that human rights advocates in Russia and around the world are taking to press for reform of these laws.
More posts in this series:
Top photo credit: Wikimedia Commons