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Polis backs executive order barring anti-LGBT job bias

Gay lawmaker skeptical about ENDA’s prospects

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Rep. Jared Polis (Blade photo by Michael Key)

Rep. Jared Polis (D-Colo.) announced support on Monday for an executive order that would protect LGBT people against bias in the workforce by prohibiting the federal government from contracting with companies that don’t have non-discrimination policies based on sexual orientation and gender identity.

“I would applaud that step,” Polis said. “I think that would show a lot of courage on behalf of the administration and demonstrate that they’re committed to moving to a discrimination-free workplace environment.”

The executive order endorsed by Polis during a Washington Blade interviewĀ has been seen as an interim alternative to passage of the Employment Non-Discrimination Act — legislation that would would bar job discrimination against LGBT people in most situations in the private and public workforce — while Republicans are in control of the House and progress on the measure is unlikely.

Polis’ announcement comes as House introduction of ENDA was expected this week. Harry Gural, a spokesperson for gay Rep. Barney Frank (D-Mass.), said his boss would announce when the legislation would be introduced on Wednesday, although the exact day for the debut of the bill isn’t yet final.

Polis has a dim view of the chances of passing ENDA — as well as other pro-LGBT legislation — for at least the next two years with House Speaker John Boehner (R-Ohio) in charge of the chamber.

“ENDA had several Republican co-sponsors, but I don’t think it’s likely the Republicans will advance employment non-discrimination,” Polis said

In the meantime, PolisĀ said supporters in Congress should try to educate the public on the issue of job protection and grow the number of co-sponsors for ENDA.

“Nationally, we just need to continue to educate other members of Congress and their staff on what it means,” Polis said.

As he dismissed the prospects of passing pro-LGBT bills during the 112th Congress, Polis said the LGBT community will instead for this period have to focus on beating back anti-gay measures.

“I think we’ll be playing defense,” Polis said. “Certainly there are members of the Republican caucus that want to go after and attack some of the progress that’s been made [in the few] last years. I wouldn’t be surprised if we have to work hard to maintain that progress.”

Among the anti-gay measures that Polis said could emerge during the 112th Congress is revocation of “Don’t Ask, Don’t Tell” repeal and repeal of hate crimes protections legislation — both measures that were passed during the 111th Congress when Democrats had control of both the House and the Senate.

“Those are the two main pieces of progress that we made in the last [Congress], both of which nearly all the Republicans opposed,” Polis said.

Still, Polis expressed optimism about the Student Non-Discrimination Act — a measure he introduced earlier in March in the House along with Sen. Al Franken (D-Minn.) in the Senate.

The legislation, which as of Monday had 103 co-sponsors in the House, would prohibit discrimination, including harassment, against LGBT students in public schools throughout the country.

Polis predicted the number of co-sponsors for the legislation would continue to grow and would see increased support from both Democrats and Republicans.

“I think it’s one thing that conservatives and liberals can agree on — people should feel safe in school,” he said.

Polis noted that supporters of the legislation have been pushing for its inclusion — along with the Safe Schools Improvement Act, a measure requiring schools to set up anti-bullying policies — as part of education reform legislation, or Elementary & Secondary Education Act reauthorization, which President Obama has been calling on Congress to pass this year.

“It’s tied into the fate of ESEA reauthorization, and so if this Congress moves forward with reauthorization of the federal education law, I’m optimistic that we’ll be able to implement protections against bullying in the bill,” Polis said.

Still, Polis said he couldn’t at this point estimate the chances for the success of passing education reform — with or without anti-bullying or anti-discrimination language.

Polis said while the Democratic-controlled Senate intends to pursue broader education reform legislation, Republican leadership in the House is only “looking at a couple of changes rather than a full-out reauthorization.”

“It’s too early to tell whether the 112th [Congress] will issue major changes in federal education policy,” Polis said.

President Obama has yet to enumerate support for the Student Non-Discrimination Act, even though the Obama administration has taken steps to address bullying in schools, such as holding a summit on the issue in March. Polis said he hopes to work with the White House to obtain an endorsement for his bill.

“We’re working closely with the administration to fine tune these bills and help the administration deliver on its promise to reduce and end bullying,” Polis said.

Another larger vehicle that advocates are hoping to use to pass a pro-LGBT measure during the 112th Congress is comprehensive immigration reform.

As talks have reportedly begun again on Capitol Hill related to immigration, LGBT rights supporters areĀ seeking to ensure this larger legislation would incorporate language that would allow gay Americans to sponsor foreign partners for residency within the United States. In the 111th Congress, standalone legislation that would have had this effect was known as the Uniting American Families Act.

But Polis dismissed the possibility of passing comprehensive immigration reform for the next two years — with or without UAFA-like language — given the current makeup of Congress.

“I don’t see much hope for comprehensive immigration reform given the fact that most of the members of the current majority ran against it, so it’s unlikely this Congress,” Polis said.

Still, Polis said he welcomed the decision from U.S. Citizenship and Immigration ServicesĀ toĀ hold in abeyance the deportation of foreign nationals who are seeking green cards through a same-sex American spouse, although he noted the limitation of this move.

“It’s certainly a step in the right direction, but keep in mind that those individuals would still be unable to work in this country and be unable to access various services legally, so it’s not really a solution,” Polis said.

Polis said he was unsure about prospects for another piece of expected legislation that would eliminate the federal tax on employer-provided health coverage for same-sex couples.Ā In the previous Congress, the legislation was known as the Tax Equity for Health Plan Beneficiaries Act.

With the GOP in control of the House, Log Cabin Republicans has said it would push for the legislation and has maintained it has a shot at passage because it relates to lowering taxes, an effort that Republicans traditionally favor.

Polis said he supports the legislation, but deferred to Republican leadership on the chances of the bill passing over the course of the next two years.

“I think it’s unfair that same-sex couples have disparate treatment, but you’d have to ask the question to the Republican majority to see if they support it,” Polis said.

On “Don’t Ask, Don’t Tell” repeal, Polis said he’s awaiting certification for ending the law as the Pentagon implements training for open service in the U.S. military.

The repeal law that President Obama signed in December allows for repeal only after 60 days pass when the president, the defense secretary and the chair of the Joint Chiefs of Staff certify that the U.S. military is ready for open service. Servicemembers Legal Defense Network has called for expedited training to implement repeal more quickly in the armed forces.

Asked whether he thinks the training is proceeding at a satisfactory pace, Polis replied, “The proof will be in the pudding and we all look forward to the certification of the process — hopefully in the weeks or the very few months ahead when the policy formally is repealed.”

LGBT advocates have been calling on President Obama to issue an executive order that would provide explicit protections for gay service members who feel they’ve experienced discrimination in the armed forces.Ā The White House hasn’t explicitly endorsed or rejected the idea, but has noted policy guidance stating that harassment or abuse based on sexual orientation would be unacceptable in the military.

Despite this call, Polis stopped short of endorsing such an executive order for the U.S. military.

“The military is not my area of expertise,” Polis said. “I’ve been on the board of the Air Force Academy for two years. I’m learning a lot more about defense issues, but I don’t really have an opinion on that yet.”

While expressing skepticism about the chances for Ā federal progress on LGBT issues in this Congress, Polis was optimistic about the prospects for a pro-LGBT bill in his home state of Colorado: a measure that would legalize civil unions.

“It passed the Senate and has the governor’s support, so hopefully it’ll pass the House,” Polis said.

Polis said lawmakers are pursuing civil unions instead of same-sex marriage legislation because no lawmaker introduced a measure to expand marriage in the state to include gay couples.

Obama hasn’t come out in favor of same-sex marriage, although in December he said he’s been “wrestling” with the issue. Many LGBT advocates have been calling on the president to continue his evolution and back marriage equality.

Asked whether support for same-sex marriage from the president would open the door for gay nuptials in Colorado, Polis replied, “I think the president’s journey is similar to the journey of many people here in Colorado. Many people aren’t quite sure what to think on this issue.Ā They’ve come a long way from where they are or were a decade or two ago, and, of course, the younger generation is already there.”

“Just as the president is wrestling with this issue, many mainstream Americans are wrestling with this issue,” Polis added

Evaluating Obama’s work on LGBT issues as a whole, Polis said the president is “doing a great job” and emphasized Obama can’t enact legislation that members of the LGBT community have been pushing for on his own accord.

“Keep in mind that the president can’t initiate legislation,” Polis said. “It has to pass the House and the Senate. But with regard to his executive orders and his legal strategy — not defending [the Defense of Marriage Act] — I applaud his efforts. I think this administration has been working closely with the LGBT community on the issue of equality.”

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedictā€™s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: ā€œFrom the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.ā€

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedictā€™s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

ā€œAs our community continues to grieve and remember Nex, itā€™s clearer than ever that everyone from Oklahomaā€™s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examinerā€™s office failed to deliver justice for Nex Benedict and Nexā€™s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nexā€™s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,ā€ McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; ā€œTodayā€™s news is the latest disappointing development in Nex Benedictā€™s tragic story. The best way to honor Nexā€™s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.ā€

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedictā€™s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month agoĀ calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

ā€œSince Nexā€™s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. Itā€™s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “Itā€™s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nexā€™s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.ā€

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nexā€™s death. Our hearts remain with Nexā€™s family, with Oklahomaā€™s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.ā€

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

ā€œThe full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nexā€™s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. Whatā€™s clear from Nexā€™s death, and from what weā€™ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahomaā€™s kids actively foster the hostile environment that makes students unsafe.

The release of todayā€™s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.ā€

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRCā€™s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedictā€™s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I canā€™t help but feel a sickness around all of it. As a trans person, reading a trans childā€™s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations ā€“ an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

ā€œFrom restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,ā€ said Heng-Lehtinen. ā€œTRANSform the Vote presents a historical moment for us to empower our community ā€” casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.ā€

Finke, Minnesotaā€™s first openly trans lawmaker who wrote the stateā€™s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, weā€™ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia ā€œLiishā€ Kozlowski, who is one of the countryā€™s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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