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National news in brief: June 3

The administration chooses top defense advisers, Illinois Civil Unions begin, a trans woman’s Texas marriage invalidated and a trans prom queen in Florida

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Adm. Mullen, leader in ‘Don’t Ask’ repeal, retires

WASHINGTON — With the president’s selection of Army service chief General Martin Dempsey to head the Joint Chiefs of Staff, one of the most prominent figures in the effort to repeal “Don’t Ask, Don’t Tell,” Admiral Mike Mullen, will retire as the head of the body of senior uniformed leaders in the Defense Department.

Mullen will join outgoing Secretary of Defense Robert Gates in bidding farewell to the department. During his tenure, Mullen led the White House effort to repeal the 17-year-old ban on open service by gays and lesbians in the military. Mullen testified on multiple occasions in Congress on the need to end the ban on open service in order to preserve military readiness.

Gen. Dempsey will assume his new role alongside Gates’ successor, current director of the Central Intelligence Agency, Leon Panetta.

Meanwhile, a major opponent of repeal indicated he will no longer push to continue barring open service. According to ThinkProgress, a Washington-based progressive think tank, when asked if he would support reinstating the law at a town hall event in Pompano Beach, Fla., Republican Rep. Allen West said, “I’m not doing anything to prevent ‘Don’t Ask, Don’t Tell.’ The thing that I’m doing is … Look, a decision has been made.” Later he said about reinstating the law, “Now it has been done. I will sit back to see what happens.”

Illinois civil unions become law

CHICAGO — Wednesday marked the first day that Illinois same-sex couples can apply for civil union licenses from the state.

Lead lobbyist in the push to pass the bill in 2010, Rick Garcia told the Blade that lines stretched “out to the street,” at the Cook County Clerk’s office Wednesday morning. According to Garcia, the law survived six separate attempts by conservative lawmakers to derail the onset of the law after passage, and now provides 648 new rights to same-sex couples, including emergency medical decision making powers and the ability to put both spouses’ names on the birth certificate to babies born to same-sex spouses.

The new law, however, has emboldened conservatives to push for a voter referendum amending the Illinois Constitution to bar recognition of same-sex relationships.

Widow denied death benefits after husband dies

WHARTON, Texas — A judge has invalidated the marriage of Nikki Araguz and her deceased firefighter husband, killed in a fire in 2010, because Araguz is transsexual.

Though born intersex, Araguz was declared male at birth and was not able to present as her actual gender identity until years later. A couple is ineligible for marriage in the state of Texas if gender markers on both birth certificates match, rather than gender at the time that the nuptials occur.

After her husband Thomas’ death, Araguz’s in-laws sought to use the courts to invalidate the marriage and deny her spousal benefits upon claims that Thomas was unaware of Araguz’s former gender at the time they were married. The Wharton County, Texas court sided with the family.

Fla. high school selects trans prom queen, gay king

DAVIE, Fla. — Running against 14 other women at her school, McFatter Technical High School senior Andii Viveros, 17, surprised a Florida town by earning her classmates’ selection as prom queen.

Born Andrew Viveros, Andii began publicly presenting herself as female two years ago, despite being bullied and harassed, according to Steve Rothaus of the Miami Herald. “They called my name and I was in total shock,” the newly crowned prom queen told the Herald. “Many students have started a petition to have me removed from the ballot. They also are outraged and say I am making a mockery of prom, because I am going in an evening gown.”

Despite the pressure, Andii stayed in the running for the prominent role and took the top prize. McFatter students did not stop with that surprise, however. Prom-goers also selected openly gay Juan Macias as prom king.

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State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

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(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

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Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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