{Russian} Gay Gag Rule } Specifics How Your Duma Voted

Lesbian protestors staged a "kiss in" in front of the Duma in Moscow before anti-LGBT protesters attacked.Photo: Igor-Tabakov/Moscow Times

Russian legislators in the Duma, the lower house of Parliament, voted 388-1 in favor of the so-called Anti-Homosexual Propaganda bill at a first reading January 25.

One legislature abstained and another 60 members of the 450 Duma deputies refused to vote, according to multiple media reports.

The bill, introduced by regional lawmakers from the Novosibirsk Region Legislative Assembly last March, proposes to ban promotion of LGBT materials and public gatherings and stipulates so-called gay propaganda as an administrative offense with fines ranging from $170 for individuals up to $16,000 for legal entities, according to multiple media reports.

"It's disturbing to see such a high level of enthusiasm in the Russian Parliament for this draft law," said Agnes Callmard, executive director of Article 19, in a January 25 news release from the organization. "The proposed law blatantly discriminates against LGBT people. It will deprive them of their fundamental right to freedom of expression and will prevent access to vital information for all people."

Article 19 is an organization focused on freedom of expression and speech and access to information based in the United Kingdom.

If the proposed legislation becomes law it will officially penalize LGBT individuals and supporters in all 83 regions in Russia.

Homosexuality was decriminalized in Russia in 1993, but homophobia remains strong throughout the nation.

The bill will have to undergo two more readings before being sent to President Vladimir Putin for his signature.

Putin's party, the United Russia party, holds a majority in the Duma and is pushing the bill through the federal legislature.

The second reading is anticipated to take place sometime this spring, Yelena Mizulina, the head of the Committee for Family Matters, told reporters. The final passage of the bill could potentially happen in the fall.

In the meantime, proposals for changes to the bill will be accepted for consideration until May 25.

One of the issues with the bill is that it doesn't have a precise definition of the concept of "propaganda of homosexuality" and that the way the law currently stands it could be "interpreted very loosely," said David Diaz-Jogeix, deputy director of Amnesty International's Europe and Central Asia Program.

The representatives of the Duma's Committee for Family Affairs have proposed defining "homosexual propaganda" as public events organized by LGBT individuals and media programs depicting LGBTs in a positive light during times when children would be watching TV as some of the acts that could be punishable, according to Mizulina.

'Gay gag' law spreads

Duma legislators took up the bill the day after the Kaliningrad Oblast region became the 10th area to pass an "anti-gay gag" law on January 24. Similar laws have been adopted and enforced by regions such as Arkhangelsk, Kostroma, Ryazan, and St. Petersburg.

The law will impose fines from $100 up to an estimated $33,000 for speaking about or supporting LGBT individuals and public gatherings promoting homosexuality.

The bill only needs the signature of Governor Nikolay Tsukanov to become law in Kaliningrad Oblast. A unique aspect of this bill is that it not only prohibits LGBT materials for minors, but also adults, noted LGBT activists.

Igor Kochetkov, chair of LGBT Networks, pondered the purpose for the bill.

"Either because of being stupid or because of amazing honesty Kaliningrad deputies managed to uncover the real intentions of authors and inspirators of the law on 'propagandas of homosexualism (sic),'" said Kochetkov, comparing the bill to similar laws. "The protection of children is used to cover the real wish – to shut up everyone who thinks or speak out the opinions different from the official ones."

Dmitry Gudkov, deputy of Just Russia, agreed, accusing the government of distracting people from "more important topics."

He pointed to a bill that passed a first reading in the Duma the previous week addressing "giving regions the option not to hold gubernatorial elections," as an example.

The laws have raised questions among advocates. Last November, the U.N. Human Rights Committee found that the application of a similar law in the Ryazan region violated the right of freedom of expression in its ruling in Fedodova v. Russia.

Last April, a St. Petersburg judge dropped LGBT propaganda charges against Sergey Kondrashov, an ally protesting the law. The judge cited a lack of evidence and protocols in the absence of the charge in her final decision.

These victories haven't halted federal legislatures from attempting to quash an entire community from speaking out. Russian LGBT activists and supporters are equally determined not to be silenced.

Clashes between LGBT and anti-gay protesters across Russia happened for a week leading up to the Duma's vote.

Russian LGBT activists expressed concern about an increase of violence against community members due to the anti-homosexual propaganda bill.

Up to an estimated 40 individuals on both sides of the conflict were arrested and others were treated at hospitals for injuries sustained during the protests, according to multiple media reports.

Global alarm

The vote and protests have caused alarm among international LGBT and human rights experts and government leaders.

"We are deeply concerned by this draft legislation in Russia that severely restricts freedom of expression and assembly for lesbian, gay, bisexual and transgender individuals and indeed for all Russians," said U.S. State Department spokeswoman Victoria Nuland, during a January 25 press briefing.

Nuland pointed out that outgoing Secretary of State Hillary Clinton has continuously expressed her concern about the situation for more than a year to Russian Foreign Minister Sergei Lavrov.

"You know how strongly we feel about LGBT rights around the world, how strongly the secretary of state personally feels, that nobody should be discriminated against for who they love," Nuland said.

Some human rights activists fear that if passed the bill will silence more than LGBT individuals and their supporters.

Callmard said in a statement that the law wasn't simply about Pride festivals and queer films and other media, the "proposed law will also prevent access to information about health services and education, and impact LGBT youth in particular."

Kochetkov indicated to Deutsche Welle, a German news source, that since the ordinances have become law in certain regions there has been an increase of young people turning to the LGBT Network for assistance.

"Gay teenagers are isolated in their schools," Kochetkov said. "There are many cases of suicide." A national law would "legalize a witch hunt" and only make the situation worse, he told the news source.

In an attempt to raise awareness and gain support Russian LGBT activists recently launched a photo-campaign against the federal homosexual propaganda bill. Some U.S. LGBT activists have joined the campaign.

To contact the Russian Consulate, send correspondence to 2790 Green Street, San Francisco, CA 94123; 415-928-6878; orconsulsf@sbcglobal.net.