[Congressional Record Volume 158, Number 3 (Tuesday, January 10, 2012)]
[Extensions of Remarks]
[Pages E6-E8]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      LGBT RIGHTS ARE HUMAN RIGHTS

                                 ______
                                 

                         HON. JAMES P. McGOVERN

                            of massachusetts

                    in the house of representatives

                       Tuesday, January 10, 2012

  Mr. McGOVERN. Mr. Speaker, I strongly agree with Secretary of State 
Hillary Clinton when she declared on December 6, 2011, that LGBT rights 
are human rights. I would like to bring to the attention of my 
colleagues the speech she gave in recognition of International Human 
Rights Day in Geneva, Switzerland, when she passionately and 
persuasively described the importance of the LGBT struggle for basic 
human rights.

 Remarks in Recognition of International Human Rights Day, Palais des 
                      Nations, Geneva, Switzerland

       Good evening, and let me express my deep honor and pleasure 
     at being here. I want to thank Director General Tokayev and 
     Ms. Wyden along with other ministers, ambassadors, 
     excellencies, and UN partners. This weekend, we will 
     celebrate Human Rights Day, the anniversary of one of the 
     great accomplishments of the last century.
       Beginning in 1947, delegates from six continents devoted 
     themselves to drafting a declaration that would enshrine the 
     fundamental rights and freedoms of people everywhere. In the 
     aftermath of World War II, many nations pressed for a 
     statement of this kind to help ensure that we would prevent 
     future atrocities and protect the inherent humanity and 
     dignity of all people. And so the delegates went to work. 
     They discussed, they wrote, they revisited, revised, rewrote, 
     for thousands of hours. And they incorporated suggestions and 
     revisions from governments, organizations, and individuals 
     around the world.
       At three o'clock in the morning on December 10th, 1948, 
     after nearly two years of drafting and one last long night of 
     debate, the president of the UN General Assembly called for a 
     vote on the final text. Forty-eight nations voted in favor; 
     eight abstained; none dissented. And the Universal 
     Declaration of Human Rights was adopted. It proclaims a 
     simple, powerful idea: All human beings are born free and 
     equal in dignity and rights. And with the declaration, it was 
     made clear that rights are not conferred by government; they 
     are the birthright of all people. It does not matter what 
     country we live in, who our leaders are, or even who we are. 
     Because we are human, we therefore have rights. And because 
     we have rights, governments are bound to protect them.
       In the 63 years since the declaration was adopted, many 
     nations have made great progress in making human rights a 
     human reality. Step by step, barriers that once prevented 
     people from enjoying the full measure of liberty, the full 
     experience of dignity, and the full benefits of humanity have 
     fallen away. In many places, racist laws have been repealed, 
     legal and social practices that relegated women to second-
     class status have been abolished, the ability of religious 
     minorities to practice their faith freely has been secured.
       In most cases, this progress was not easily won. People 
     fought and organized and campaigned in public squares and 
     private spaces to change not only laws, but hearts and minds. 
     And thanks to that work of generations, for millions of 
     individuals whose lives were once narrowed by injustice, they 
     are now able to live more freely and to participate more 
     fully in the political, economic, and social lives of their 
     communities.
       Now, there is still, as you all know, much more to be done 
     to secure that commitment, that reality, and progress for all 
     people. Today, I want to talk about the work we have left to 
     do to protect one group of people whose human rights are 
     still denied in too many parts of the world today. In many 
     ways, they are an invisible minority. They are arrested, 
     beaten, terrorized, even executed. Many are treated with 
     contempt and violence by their fellow citizens while 
     authorities empowered to protect them look the other way or, 
     too often, even join in the abuse. They are denied 
     opportunities to work and learn, driven from their homes and 
     countries, and forced to suppress or deny who they are to 
     protect themselves from harm.
       I am talking about gay, lesbian, bisexual, and transgender 
     people, human beings born

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     free and given bestowed equality and dignity, who have a 
     right to claim that, which is now one of the remaining human 
     rights challenges of our time. I speak about this subject 
     knowing that my own country's record on human rights for gay 
     people is far from perfect. Until 2003, it was still a crime 
     in parts of our country. Many LGBT Americans have endured 
     violence and harassment in their own lives, and for some, 
     including many young people, bullying and exclusion are daily 
     experiences. So we, like all nations, have more work to do to 
     protect human rights at home.
       Now, raising this issue, I know, is sensitive for many 
     people and that the obstacles standing in the way of 
     protecting the human rights of LGBT people rest on deeply 
     held personal, political, cultural, and religious beliefs. So 
     I come here before you with respect, understanding, and 
     humility. Even though progress on this front is not easy, we 
     cannot delay acting. So in that spirit, I want to talk about 
     the difficult and important issues we must address together 
     to reach a global consensus that recognizes the human rights 
     of LGBT citizens everywhere.
       The first issue goes to the heart of the matter. Some have 
     suggested that gay rights and human rights are separate and 
     distinct; but, in fact, they are one and the same. Now, of 
     course, 60 years ago, the governments that drafted and passed 
     the Universal Declaration of Human Rights were not thinking 
     about how it applied to the LGBT community. They also weren't 
     thinking about how it applied to indigenous people or 
     children or people with disabilities or other marginalized 
     groups. Yet in the past 60 years, we have come to recognize 
     that members of these groups are entitled to the full measure 
     of dignity and rights, because, like all people, they share a 
     common humanity.
       This recognition did not occur all at once. It evolved over 
     time. And as it did, we understood that we were honoring 
     rights that people always had, rather than creating new or 
     special rights for them. Like being a woman, like being a 
     racial, religious, tribal, or ethnic minority, being LGBT 
     does not make you less human. And that is why gay rights are 
     human rights, and human rights are gay rights.
       It is violation of human rights when people are beaten or 
     killed because of their sexual orientation, or because they 
     do not conform to cultural norms about how men and women 
     should look or behave. It is a violation of human rights when 
     governments declare it illegal to be gay, or allow those who 
     harm gay people to go unpunished. It is a violation of human 
     rights when lesbian or transgendered women are subjected to 
     so-called corrective rape, or forcibly subjected to hormone 
     treatments, or when people are murdered after public calls 
     for violence toward gays, or when they are forced to flee 
     their nations and seek asylum in other lands to save their 
     lives. And it is a violation of human rights when life-saving 
     care is withheld from people because they are gay, or equal 
     access to justice is denied to people because they are gay, 
     or public spaces are out of bounds to people because they are 
     gay. No matter what we look like, where we come from, or who 
     we are, we are all equally entitled to our human rights and 
     dignity.
       The second issue is a question of whether homosexuality 
     arises from a particular part of the world. Some seem to 
     believe it is a Western phenomenon, and therefore people 
     outside the West have grounds to reject it. Well, in reality, 
     gay people are born into and belong to every society in the 
     world. They are all ages, all races, all faiths; they are 
     doctors and teachers, farmers and bankers, soldiers and 
     athletes; and whether we know it, or whether we acknowledge 
     it, they are our family, our friends, and our neighbors.
       Being gay is not a Western invention; it is a human 
     reality. And protecting the human rights of all people, gay 
     or straight, is not something that only Western governments 
     do. South Africa's constitution, written in the aftermath of 
     Apartheid, protects the equality of all citizens, including 
     gay people. In Colombia and Argentina, the rights of gays are 
     also legally protected. In Nepal, the supreme court has ruled 
     that equal rights apply to LGBT citizens. The Government of 
     Mongolia has committed to pursue new legislation that will 
     tackle anti-gay discrimination.
       Now, some worry that protecting the human rights of the 
     LGBT community is a luxury that only wealthy nations can 
     afford. But in fact, in all countries, there are costs to not 
     protecting these rights, in both gay and straight lives lost 
     to disease and violence, and the silencing of voices and 
     views that would strengthen communities, in ideas never 
     pursued by entrepreneurs who happen to be gay. Costs are 
     incurred whenever any group is treated as lesser or the 
     other, whether they are women, racial, or religious 
     minorities, or the LGBT. Former President Mogae of Botswana 
     pointed out recently that for as long as LGBT people are kept 
     in the shadows, there cannot be an effective public health 
     program to tackle HIV and AIDS. Well, that holds true for 
     other challenges as well.
       The third, and perhaps most challenging, issue arises when 
     people cite religious or cultural values as a reason to 
     violate or not to protect the human rights of LGBT citizens. 
     This is not unlike the justification offered for violent 
     practices towards women like honor killings, widow burning, 
     or female genital mutilation. Some people still defend those 
     practices as part of a cultural tradition. But violence 
     toward women isn't cultural; it's criminal. Likewise with 
     slavery, what was once justified as sanctioned by God is now 
     properly reviled as an unconscionable violation of human 
     rights.
       In each of these cases, we came to learn that no practice 
     or tradition trumps the human rights that belong to all of 
     us. And this holds true for inflicting violence on LGBT 
     people, criminalizing their status or behavior, expelling 
     them from their families and communities, or tacitly or 
     explicitly accepting their killing.
       Of course, it bears noting that rarely are cultural and 
     religious traditions and teachings actually in conflict with 
     the protection of human rights. Indeed, our religion and our 
     culture are sources of compassion and inspiration toward our 
     fellow human beings. It was not only those who've justified 
     slavery who leaned on religion, it was also those who sought 
     to abolish it. And let us keep in mind that our commitments 
     to protect the freedom of religion and to defend the dignity 
     of LGBT people emanate from a common source. For many of us, 
     religious belief and practice is a vital source of meaning 
     and identity, and fundamental to who we are as people. And 
     likewise, for most of us, the bonds of love and family that 
     we forge are also vital sources of meaning and identity. And 
     caring for others is an expression of what it means to be 
     fully human. It is because the human experience is universal 
     that human rights are universal and cut across all religions 
     and cultures.
       The fourth issue is what history teaches us about how we 
     make progress towards rights for all. Progress starts with 
     honest discussion. Now, there are some who say and believe 
     that all gay people are pedophiles, that homosexuality is a 
     disease that can be caught or cured, or that gays recruit 
     others to become gay. Well, these notions are simply not 
     true. They are also unlikely to disappear if those who 
     promote or accept them are dismissed out of hand rather than 
     invited to share their fears and concerns. No one has ever 
     abandoned a belief because he was forced to do so.
       Universal human rights include freedom of expression and 
     freedom of belief, even if our words or beliefs denigrate the 
     humanity of others. Yet, while we are each free to believe 
     whatever we choose, we cannot do whatever we choose, not in a 
     world where we protect the human rights of all.
       Reaching understanding of these issues takes more than 
     speech. It does take a conversation. In fact, it takes a 
     constellation of conversations in places big and small. And 
     it takes a willingness to see stark differences in belief as 
     a reason to begin the conversation, not to avoid it.
       But progress comes from changes in laws. In many places, 
     including my own country, legal protections have preceded, 
     not followed, broader recognition of rights. Laws have a 
     teaching effect. Laws that discriminate validate other kinds 
     of discrimination. Laws that require equal protections 
     reinforce the moral imperative of equality. And practically 
     speaking, it is often the case that laws must change before 
     fears about change dissipate.
       Many in my country thought that President Truman was making 
     a grave error when he ordered the racial desegregation of our 
     military. They argued that it would undermine unit cohesion. 
     And it wasn't until he went ahead and did it that we saw how 
     it strengthened our social fabric in ways even the supporters 
     of the policy could not foresee. Likewise, some worried in my 
     country that the repeal of ``Don't Ask, Don't Tell'' would 
     have a negative effect on our armed forces. Now, the Marine 
     Corps Commandant, who was one of the strongest voices against 
     the repeal, says that his concerns were unfounded and that 
     the Marines have embraced the change.
       Finally, progress comes from being willing to walk a mile 
     in someone else's shoes. We need to ask ourselves, ``How 
     would it feel if it were a crime to love the person I love? 
     How would it feel to be discriminated against for something 
     about myself that I cannot change?'' This challenge applies 
     to all of us as we reflect upon deeply held beliefs, as we 
     work to embrace tolerance and respect for the dignity of all 
     persons, and as we engage humbly with those with whom we 
     disagree in the hope of creating greater understanding.
       A fifth and final question is how we do our part to bring 
     the world to embrace human rights for all people including 
     LGBT people. Yes, LGBT people must help lead this effort, as 
     so many of you are. Their knowledge and experiences are 
     invaluable and their courage inspirational. We know the names 
     of brave LGBT activists who have literally given their lives 
     for this cause, and there are many more whose names we will 
     never know. But often those who are denied rights are least 
     empowered to bring about the changes they seek. Acting alone, 
     minorities can never achieve the majorities necessary for 
     political change.
       So when any part of humanity is sidelined, the rest of us 
     cannot sit on the sidelines. Every time a barrier to progress 
     has fallen, it has taken a cooperative effort from those on 
     both sides of the barrier. In the fight for women's rights, 
     the support of men remains crucial. The fight for racial 
     equality has relied on contributions from people of all 
     races. Combating Islamaphobia or anti-Semitism is a task for 
     people of all faiths. And the same is true with this struggle 
     for equality.
       Conversely, when we see denials and abuses of human rights 
     and fail to act, that sends the message to those deniers and 
     abusers

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     that they won't suffer any consequences for their actions, 
     and so they carry on. But when we do act, we send a powerful 
     moral message. Right here in Geneva, the international 
     community acted this year to strengthen a global consensus 
     around the human rights of LGBT people. At the Human Rights 
     Council in March, 85 countries from all regions supported a 
     statement calling for an end to criminalization and violence 
     against people because of their sexual orientation and gender 
     identity.
       At the following session of the Council in June, South 
     Africa took the lead on a resolution about violence against 
     LGBT people. The delegation from South Africa spoke 
     eloquently about their own experience and struggle for human 
     equality and its indivisibility. When the measure passed, it 
     became the first-ever UN resolution recognizing the human 
     rights of gay people worldwide. In the Organization of 
     American States this year, the Inter-American Commission on 
     Human Rights created a unit on the rights of LGBT people, a 
     step toward what we hope will be the creation of a special 
     rapporteur.
       Now, we must go further and work here and in every region 
     of the world to galvanize more support for the human rights 
     of the LGBT community. To the leaders of those countries 
     where people are jailed, beaten, or executed for being gay, I 
     ask you to consider this: Leadership, by definition, means 
     being out in front of your people when it is called for. It 
     means standing up for the dignity of all your citizens and 
     persuading your people to do the same. It also means ensuring 
     that all citizens are treated as equals under your laws, 
     because let me be clear--I am not saying that gay people 
     can't or don't commit crimes. They can and they do, just like 
     straight people. And when they do, they should be held 
     accountable, but it should never be a crime to be gay.
       And to people of all nations, I say supporting human rights 
     is your responsibility too. The lives of gay people are 
     shaped not only by laws, but by the treatment they receive 
     every day from their families, from their neighbors. Eleanor 
     Roosevelt, who did so much to advance human rights worldwide, 
     said that these rights begin in the small places close to 
     home--the streets where people live, the schools they attend, 
     the factories, farms, and offices where they work. These 
     places are your domain. The actions you take, the ideals that 
     you advocate, can determine whether human rights flourish 
     where you are.
       And finally, to LGBT men and women worldwide, let me say 
     this: Wherever you live and whatever the circumstances of 
     your life, whether you are connected to a network of support 
     or feel isolated and vulnerable, please know that you are not 
     alone. People around the globe are working hard to support 
     you and to bring an end to the injustices and dangers you 
     face. That is certainly true for my country. And you have an 
     ally in the United States of America and you have millions of 
     friends among the American people.
       The Obama Administration defends the human rights of LGBT 
     people as part of our comprehensive human rights policy and 
     as a priority of our foreign policy. In our embassies, our 
     diplomats are raising concerns about specific cases and laws, 
     and working with a range of partners to strengthen human 
     rights protections for all. In Washington, we have created a 
     task force at the State Department to support and coordinate 
     this work. And in the coming months, we will provide every 
     embassy with a toolkit to help improve their efforts. And we 
     have created a program that offers emergency support to 
     defenders of human rights for LGBT people.
       This morning, back in Washington, President Obama put into 
     place the first U.S. Government strategy dedicated to 
     combating human rights abuses against LGBT persons abroad. 
     Building on efforts already underway at the State Department 
     and across the government, the President has directed all 
     U.S. Government agencies engaged overseas to combat the 
     criminalization of LGBT status and conduct, to enhance 
     efforts to protect vulnerable LGBT refugees and asylum 
     seekers, to ensure that our foreign assistance promotes the 
     protection of LGBT rights, to enlist international 
     organizations in the fight against discrimination, and to 
     respond swiftly to abuses against LGBT persons.
       I am also pleased to announce that we are launching a new 
     Global Equality Fund that will support the work of civil 
     society organizations working on these issues around the 
     world. This fund will help them record facts so they can 
     target their advocacy, learn how to use the law as a tool, 
     manage their budgets, train their staffs, and forge 
     partnerships with women's organizations and other human 
     rights groups. We have committed more than $3 million to 
     start this fund, and we have hope that others will join us in 
     supporting it.
       The women and men who advocate for human rights for the 
     LGBT community in hostile places, some of whom are here today 
     with us, are brave and dedicated, and deserve all the help we 
     can give them. We know the road ahead will not be easy. A 
     great deal of work lies before us. But many of us have seen 
     firsthand how quickly change can come. In our lifetimes, 
     attitudes toward gay people in many places have been 
     transformed. Many people, including myself, have experienced 
     a deepening of our own convictions on this topic over the 
     years, as we have devoted more thought to it, engaged in 
     dialogues and debates, and established personal and 
     professional relationships with people who are gay.
       This evolution is evident in many places. To highlight one 
     example, the Delhi High Court decriminalized homosexuality in 
     India two years ago, writing, and I quote, ``If there is one 
     tenet that can be said to be an underlying theme of the 
     Indian constitution, it is inclusiveness.'' There is little 
     doubt in my mind that support for LGBT human rights will 
     continue to climb. Because for many young people, this is 
     simple: All people deserve to be treated with dignity and 
     have their human rights respected, no matter who they are or 
     whom they love.
       There is a phrase that people in the United States invoke 
     when urging others to support human rights: ``Be on the right 
     side of history.'' The story of the United States is the 
     story of a nation that has repeatedly grappled with 
     intolerance and inequality. We fought a brutal civil war over 
     slavery. People from coast to coast joined in campaigns to 
     recognize the rights of women, indigenous peoples, racial 
     minorities, children, people with disabilities, immigrants, 
     workers, and on and on. And the march toward equality and 
     justice has continued. Those who advocate for expanding the 
     circle of human rights were and are on the right side of 
     history, and history honors them. Those who tried to 
     constrict human rights were wrong, and history reflects that 
     as well.
       I know that the thoughts I've shared today involve 
     questions on which opinions are still evolving. As it has 
     happened so many times before, opinion will converge once 
     again with the truth, the immutable truth, that all persons 
     are created free and equal in dignity and rights. We are 
     called once more to make real the words of the Universal 
     Declaration. Let us answer that call. Let us be on the right 
     side of history, for our people, our nations, and future 
     generations, whose lives will be shaped by the work we do 
     today. I come before you with great hope and confidence that 
     no matter how long the road ahead, we will travel it 
     successfully together. Thank you very much. (Applause.)

                          ____________________