Remembering David Buckel, the Pioneering Lawyer Who Championed LGBT Rights

Remembering David Buckel, the Pioneering Lawyer Who Championed LGBT Rights
Its time for the Commonwealth to have a voice on LGBT rights, activists say
Activists are hoping to use this week’s Commonwealth summit to address the ongoing harm caused by Colonial-era anti-LGBT laws.

36 of the 53 countries in the Commonwealth continue to criminalise same-sex acts, primarily under laws imposed during the British Colonial era that were never repealed.

Worldwide, more than a billion people continue to live under Commonwealth anti-LGBT laws, and while there has been some progress – Belize, Seychelles and Mozambique have decriminalised gay relations in recent years – the situation is worsening in countries like Uganda and Nigeria.

As leaders head to London this week, activists from the Commonwealth Equality Network (TCEN), an LGBTI-focused organisation accredited by the Commonwealth, are hoping for frank discussions about equal rights.

Matt Beard, executive director of campaign group All Out, said despite a Commonwealth commitment to create a “better future for all citizens”, there was no plan to discuss lesbian, gay, bisexual and transgender decriminalisation at the summit.

For many, the voice of the British government – which was ultimately responsible for imposing the laws – is crucial in making clear that the laws were a mistake.

The fact homosexuality is illegal across 70 percent of the Commonwealth hit headlines last week when British diver Tom Daley used the spotlight after his fourth Commonwealth Games gold medal win to call for more countries in the group to act.

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Pakistani activist Qasim Iqbal of the Naz Male Health Alliance said: “We have this wonderful opportunity, because CHOGM is going to take place here in the United Kingdom, and because the British government is being so supportive, we need to make the best out of it.”

“I feel extremely lucky to compete openly as who I am, not worry about ramifications. But for lots of people living in those countries it is not the case,” Daley, who married U.S. director Dustin Lance Black last year, told BBC Breakfast.

Iqbal added that CHOGM was a chance to discuss issues that are rarely ever discussed in Pakistan.

He said: “In Pakistan, talking about LGBT rights is not something we can do openly, and we can certainly not approach our politicians or high-end officials to try to do any kind of advocacy.

A Commonwealth Secretariat spokesman said there were more LGBT events this year than at the last CHOGM in 2015 including a roundtable on LGBT rights and reception to brief lawmakers on economic developments favouring decriminalisation.

“It is in our best interest if we do it more from an international level and from a global perspective, and somehow try to put pressure on the Pakistani government externally – because doing so internally would put ourselves at risk.”

Camilla Taylor, director of Lambda Legal, said in a statement to HuffPost that their organization will honor Buckels life by “continuing to fight for equality”. “He was a attractive human being who was universally kind to everyone at Lambda Legal, committed to his clients, and devoted to our work”.

UK-based activist Peter Tatchell is urging the British government to apologise for its legacy on the issue.

He said: “The humility and remorse of an apology would be far more powerful and effective than neo-colonial lecturing and denunciation of homophobia by the UK government.

Susan Sommer, a former attorney for Lambda Legal and now the general counsel for the Mayors Office of Criminal Justice, also reacted to Buckels death. “He knew his craft and his trade and was strategic in how to build the blocks toward a sweeping victory”.

“An apology by [Theresa May], on behalf of the UK government, would help change the narrative around anti-LGBT legislation; highlighting that these laws are not indigenous and were not originated in most of the countries that still retain them.

Mr Buckel was the lead lawyer in a case in which police in Nebraska were found to have failed to protect Brandon Teena, a transgender teen who had been raped and assaulted and was later murdered in the state of Nebraska.

“It would make the point that, contrary to populist propaganda in many Commonwealth countries, Britains real export to their nations was homophobia, not homosexuality.”

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Caleb Orozco of Belize, an activist who successfully challenged his country’s anti-gay law, added that ultimately the issue was about human rights.

He added: “It is a responsibility of Parliamentarians and political leaders in the Commonwealth to remember they’re not governed by the UK.

Its a very important case, not only within Nebraska but nationally, Buckel told the Daily Nebraskan newspaper in 2001, after helping win an $80,000 judgment.

“They’re governed by a constitution, and that constitution gives an opportunity for fundamental rights to apply to all citizens. It’s their responsibility to decide what governance looks like for marginalised citizens.

“It’s not only a political thing to make such a decision. It is very human to feel the pain of somebody and then resolve it with some action.”

Eileen Travis, director of the New York City Bar Associations Lawyers Assistance Program, said a large portion of the referrals she hears are for mental health issues, such as depression and anxiety, sometimes exacerbated by stress. Its not unusual for callers to acknowledge suicidal thoughts, she said. Often its a fleeting thought. But occasionally we have people who are actively suicidal, theyre thinking about it and they have a plan. In those cases, we try to get them to the hospital as soon as possible.

There will be four separate community forums at CHOGM – a business forum, a people’s forum, a youth forum and a women’s forum – and LGBT activists are hoping to engage at every level.

St Lucian activist Kenita Placide, of the Eastern Caribbean Alliance for Diversity and Equality, said: “I look for the UK to see how the forums will be developed and implemented, and what kinds of diverse conversations are actually able to take place. More importantly, [we look to] the concluding documents and how that will be formulated in order to reflect the conversations.

Buckel was a longtime member of the Park Slope Food Co-Op and was known around his neighborhood for his green thumb and maintaining a garden that his neighbors admired, said Catherine Varous, a neighbor of Buckels who said that she and others on the block were stunned by news of Buckels death.

“It gives you an opportunity to have conversations that look at the economic cost of not doing it, and doing it, and looking at how we move forward.”

I think he probably thought that was the most effective way to bring attention to an issue he cared about, said Alphonso David, who is counsel to Gov. Andrew Cuomo and who worked several cases with Buckel when they were both with Lambda Legal. But, most importantly, I wish he was still here.

Rosanna Flamer-Caldera of Sri Lankan group Equal Ground said: “It’s economically a huge impact, because the LGBTIQ community does impact the economy of their countries, whether people like to acknowledge that or not.

“The pink dollar or pink rupee or pink pound, is very valuable. It has been proven all over the world, where rights have been granted and people treated equally, businesses and countries prosper.”

While David Buckel, an attorney who died on April 14 after setting himself on fire in a park in Brooklyn, had become widely known for his work on LGBT causes, he spent the final years of his life out of the legal limelight and focused his energy on environmental protection.

Frank Mugisha of Sexual Minorities Uganda added: “When you talk to African leaders about LGBT rights, that’s when they remember about African sovereignty, ‘You can’t tell us what to do, that is imperialism!’

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“But when they are getting other things like weapons, it is OK. Businesses can tell them anything, because businesses are not political.

“It’s people’s money, so someone can decide, ‘Uganda doesn’t have my values so I won’t invest in my country and take my investment elsewhere,’ and politicians get it. So businesses have a big role.”

The Commonwealth Equality Network, which comprises of 46 organisations in 42 countries working collectively to champion equality and human rights for LGBT people, last year became the first LGBT organisation to have official accreditation from the Commonwealth.

Accreditation means that Equality Network activists will benefit from increased access to, participation in and information about Commonwealth matters.

Prince William last month praised the group’s work at a Commonwealth reception.

Paul Dillane, who attended the reception on behalf of TCEN, told PinkNews: “I was grateful for the opportunity to meet the Duke of Cambridge, Prince William, and discuss the situation for LGBT people across the Commonwealth.

“[CHOGM] is an unprecedented opportunity for activists to engage with leaders, officials and parliamentarians to champion equality for LGBT people around the world.

No person should face discrimination or violence on account of their sexual orientation and gender identity. We are grateful to Prince William for his words of encouragement and support.

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