National
Gay advocate a leading voice on gun control
Glaze serves as director of Mayors Against Illegal Guns
Mark Glaze is leading the charge on gun control as director of Mayors Against Illegal Guns
Following a wave of horrific gun violence across the country, the nation is engaged in intense debate over gun control as President Obama on Wednesday issued a series of proposals to address the issue. One advocate who’s no stranger to working on behalf of the LGBT community is among those leading the call for action on gun control.
Mark Glaze, 42, has a variety of issues in his portfolio as a principal of the D.C.-based political affairs firm the Raben Group, including campaign finance reform, government ethics as well as LGBT issues — but also serves as director of Mayors Against Illegal Guns, the largest gun violence prevention group in the country.
In an interview with the Washington Blade, Glaze, who’s gay, said the country is “at a tipping point” in the wake of shootings like the one last month at Sandy Hook Elementary School in Newtown, Conn., where 20 children and six school officials were killed, and is ready to embrace the kinds of protections that “we get the chance to pass once in a generation.”
“The mass shootings are happening more and more rapidly, and they’re becoming more and more deadly,” Glaze said. “The Newtown shooting was the second biggest mass shooting in U.S. history after Virginia Tech in 2007. And, you know, the kids who were shot and murdered were my son’s age, and it was right before Christmas. So, I think that combination of things has just got the public and the president ready to say, ‘Enough is enough, let’s finally get this right.'”
Mayors Against Illegal Guns has been in the spotlight in recent weeks amid intense media interest in gun control. New York City Mayor Michael Bloomberg serves as co-chair of the group along with Boston Mayor Thomas Menino. More than 800 mayors are members of the coalition, and this week, the organization passed one million grassroots supporters.
As for Glaze himself, he’s been widely featured in the mainstream media lately, including in the New York Times, Washington Post, the Associated Press and Politico. He’s also set for appearances on MSNBC’s “Hardball,” the PBS Newshour and an interview with CNN’s Piers Morgan.
Glaze, who in 2010 was hired by the Human Rights Campaign to push for Senate legislation to repeal “Don’t Ask, Don’t Tell,” enters the gun control debate after robust work on LGBT issues — an area of focus that he said he still continues to pursue. Glaze has assisted in work for Mayors for the Freedom to Marry, an organization co-chaired by Bloomberg.
Glaze also has personal experience with guns and hunted when he was young. Growing up in the ranching town of Parlin, Colo., Glaze’s father was a gun dealer and he was raised in a house that was attached to a general store selling guns.
“My dad is like most gun dealers,” Glaze said. “He thinks that law-abiding people should have to take background checks, so everybody should have to take background checks. And gun dealers don’t like that guns get a terrible reputation because unlicensed sellers are handing guns out to people with criminal records. It gives the entire industry a bad name.”
Obama unveils gun control proposals
On Wednesday, President Obama unveiled in the South Court Auditorium of the White House a package of proposals developed by Vice President Joseph Biden’s task force to reduce gun violence, including an assault weapons ban, a measure to ban high-capacity magazine clips, and an effort to close loopholes in the country’s background check system.
“And in the days ahead, I intend to use whatever weight this office holds to make them a reality,” Obama said. “Because while there is no law or set of laws that can prevent every senseless act of violence completely, no piece of legislation that will prevent every tragedy, every act of evil, if there is even one thing we can do to reduce this violence, if there is even one life that can be saved, then we’ve got an obligation to try.”
Joining Obama as he unveiled the proposal were Biden as well as children from around the country who wrote him letters in the wake of the Newtown tragedy expressing their concerns about gun violence and school safety, along with their parents. Afterward, Obama signed 23 executive orders to address gun violence.
Glaze said he and other members of Mayors Against Illegal Guns met twice with administration officials — including one meeting that was attended by Biden himself — to lay out the case for gun control.
For Glaze, passing legislation that will close the loophole that currently allows individuals to buy guns without background checks from unlicensed private sellers will be a priority among other initiatives Obama enumerated as part of his proposals.
“Only licensed gun dealers have to give background checks, but almost 50 percent of gun sales in any given year are conducted by unlicensed private sellers,” Glaze said. “They do it online, at gun shows or out of the trunk of a car — and federal law doesn’t require those sellers to give background checks. So, it’s like creating two lines at the airport: one for people who want to go through security and get a background check, the other for people who feel they don’t need to pass a background check.”
In the Newtown tragedy, Adam Lanza used a Bushmaster XM-15 to shoot his victims. Sen. Dianne Feinstein (D-Calif.) has said she will introduce legislation to ban the sale and possession of assault weapons, while Sen. Frank Lautenberg (D-N.J.) is planning a less sweeping proposal to ban the sale of magazine clips.
While Mayors Against Illegal Guns supports such proposals, Glaze said those weapons account for a small percentage of gun violence despite media attention to these shootings.
“Basically the assault weapons ban is important, but only two to 10 percent of firearms fatalities in any given year are connected to assault rifles,” Glaze said. “Thirty-three people are murdered with guns in the United States every day, and the majority of those murders were committed with handguns.”
Glaze also emphasized the potential for President Obama to take executive action to allow for greater enforcement of gun control laws already on the books. One such action — which was not taken among the 23 executive orders signed by Obama on Wednesday — would be for Obama to instruct the Justice Department to increase prosecution of dangerous people who are declined when they try to buy a gun at a licensed dealer.
“In 2009, 71,000 people who were prohibited gun purchasers — because they were felons, they were seriously mentally ill, they were domestic abusers — tried to buy guns by licensed dealers and were blocked,” Glaze said. “That’s a felony, trying to buy a gun when you’re a prohibited purchaser. But only 44 of those people were prosecuted. … Many of those people go on to buy guns somewhere else from an unlicensed dealer, where they don’t have to get a background check, and then they go on to commit crimes.”
Glaze also called on President Obama to make a recess appointment if Congress won’t take action to confirm a director of the Bureau of Alcohol, Tobacco, Firearms and Explosives — a position that has been vacant for six years. President Obama on Wednesday tapped B. Todd Jones to head the bureau. He’s been acting director since August 2011 while maintaining his position as U.S. attorney for the District of Minnesota.
“It’s hard to imagine the Department of Homeland Security, or a Fortune 500 company, not have a CEO for six years,” Glaze said. “And the agency suffers as a result. The president should get it done himself if the Senate can’t do it.”
NRA scoffs at proposals
Resistance to Obama’s proposals has already emerged from the powerful National Rifle Association.
After the remarks in which Obama unveiled his proposals, the NRA issued a statement criticizing the approach the administration was taking on gun violence.
“We look forward to working with Congress on a bi-partisan basis to find real solutions to protecting America’s most valuable asset – our children,” the organization said. “Attacking firearms and ignoring children is not a solution to the crisis we face as a nation. Only honest, law-abiding gun owners will be affected and our children will remain vulnerable to the inevitability of more tragedy.”
But Glaze dismissed the impact of the NRA, saying despite its money the group doesn’t have as much influence over lawmakers as some might think, noting the dismal performance of congressional candidates the organization backed on Election Day.
“The idea that the NRA can take away a congressman’s seat just because they support background checks is just a myth,” Glaze said. “It’s a very popular myth around Washington, but it’s a myth. If you look at how well the NRA has performed in the last five or six election cycles, the number of races where their participation made a dispositive impact can be counted on one hand.”
Glaze said the NRA had a “horrible year” in 2012 because it spent more money than ever before in a presidential election to defeat a president “who they say is trying to destroy the Second Amendment” and invested more than $100,000 in seven Senate races, while six of their candidates lost.
Despite his past work on LGBT issues and own identity as gay man, Glaze said he doesn’t think LGBT people are more inclined to support gun control efforts because concern is spread over a variety of demographics.
“Basically, every demographic — men, women, African-American, Hispanics, LGBT people — are all in basically the same place on gun issues,” Glaze said. “Basically, despite the politics that you hear in the media and see in Washington, there’s a broad consensus among real people on this issue for the first time in a generation.”
Glaze said he has no idea whether other LGBT organizations will get involved, although he noted that the Bohnett Foundation has been contributing funds to the effort, and gay Rep. David Cicilline has introduced his own legislation that would close the firesale loophole — in addition to being one of the founding members of Mayors Against Illegal Guns while still mayor of Providence, R.I.
Robert Raben, who’s also gay and head of the Raben Group, said Glaze’s role as principal at the organization gives him “the flexibility to spend all of his time on this signature and crucial effort” and to draw on its resources “as the campaign itself changes from messaging to organizing to legislative advocacy.”
“We are unbelievably proud of Mark’s leadership; he has enormous responsibility and meets it well, with vision and delivery,” Raben said. “That he is an openly gay man helping lead such an important effort is a tribute to his professionalism, and how the country and its understanding of our talent has changed.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
National
GLSEN hosts Respect Awards with Billy Porter, Peppermint
Annual event aims to ‘inspire a lot of people to get active’
GLSEN will host its annual Respect Awards April 29 in New York, with guests including Miss Peppermint and Billy Porter.
Respect Awards director Michael Chavez said that the event will be moving.
“It will inspire a lot of people to get active and take action in their own communities and see how much more work there is to do, especially with all of the harmful things happening,” he said.
At the event, they will recognize the Student Advocate of the Year, Sophia T. Annually, GLSEN recognizes a student from around the country who is impacting their community.
“Sophia is doing incredible work advocating for inclusive sex education that is LGBTQ+ affirming, working with Johns Hopkins University to implement curriculum.” Chavez said.
Chavez calls the students that attend the Respect Awards the “biggest celebrities” of the evening.
“It is really important for the adults, both the allies and the queer folks, to hear directly from these queer youth about what it’s like to be in school today as a queer person,” he said.
GLSEN is a queer youth advocacy organization that has been working for more than 30 years to protect LGBTQ youth.
“GLSEN is all hands on deck right now, because our kids are under direct attack and have been for years now,” said actor Wilson Cruz.
Cruz is the chair of GLSEN’s National Board, which works to fundraise and strategize for the organization.
“I think we are fundamental to the education of LGBTQ students in school,” he said. “We advocate for more comprehensive support at the local, national, and federal levels so our students are supported.”
Chavez is one of the students that was impacted by this work. He led his school’s GSA organization and worked with GLSEN throughout his youth.
Cruz said Chavez is doing what he hopes today’s GLSEN students do in the future, which is pay the work forward.
“There’s nothing more powerful than people who have experienced the work that GLSEN does and then coming back and allowing us to expand on that work with each generation that comes forward,” he said.
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
Gregory Fitzgerald Gibert, 53, who was out on probation, is charged with the second-degree murder of 37-year-old Andrea Doria Dos Passos, a transgender Latina woman who was found deceased in front of the Miami Ballet company facility by a security guard this past week.
According to a Miami Beach Police spokesperson the security guard thought Dos Passos was sleeping in the entranceway around 6:45 a.m. on April 23 and when he went to wake her he discovered the blood and her injuries and alerted 911.
She was deceased from massive trauma to her face and head. According to Miami Beach police when video surveillance footage was reviewed, it showed Dos Passos lying down in the entranceway apparently asleep. WFOR reported: In the early morning hours, a man arrived, looked around, and spotted her. Police said the man was dressed in a black shirt, red shorts, and red shoes.
At one point, he walked away, picked up a metal pipe from the ground, and then returned. After looking around, he sat on a bench near Dos Passos. After a while, he got up and repeatedly hit her in the head and face while she was sleeping, according to police.
“The male is then seen standing over her, striking her, and then manipulating her body. The male then walks away and places the pipe inside a nearby trash can (the pipe was found and recovered in the same trash can),” according to the arrest report.
Police noted that in addition to trauma on her face and head, two wooden sticks were lodged in her nostrils and there was a puncture wound in her chest.
Victor Van Gilst, Dos Passos’s stepfather confirmed she was trans and experiencing homelessness.
“She had no chance to defend herself whatsoever. I don’t know if this was a hate crime since she was transgender or if she had some sort of interaction with this person because he might have been homeless as well. The detective could not say if she was attacked because she was transgender,” said Van Gilst.
“She has been struggling with mental health issues for a long time, going back to when she was in her early 20s. We did everything we could to help her. My wife is devastated. For her, this is like a nightmare that turned into reality. Andrea moved around a lot and even lived in California for a while. She was sadly homeless. I feel the system let her down. She was a good person,” he added.
The Miami Police Department arrested Gibert, collected his clothing, noting the red shorts were the same type in the video and had blood on them. Blood was also found on his shoes, according to police. He was taken into custody and charged.
“The suspect has an extensive criminal record and reportedly was recently released from custody on probation for prior criminal charges. Police apprehended the suspect in the city of Miami and the investigation is currently ongoing. This case is further evidence that individuals need to be held accountable for prior violent crimes for the protection of the public. We offer our sincere condolences to the family and friends of the victim,” Miami Beach Mayor Steve Meiner said in a statement.
Joe Saunders, senior political director with LGBTQ rights group Equality Florida, told the Miami Herald that “whenever a transgender person is murdered, especially when it is with such brutality, the question should be asked about whether or not this was a hate-motivated crime.”
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Former CAMP Rehoboth official sentenced to nine months in prison
Christian Siriano to serve as grand marshal of Annapolis Pride Parade
Kenyan court bars homophobic protests
Pride season has begun
Md. governor signs Freedom to Read Act
Successful open relationships take effort
HHS reverses Trump-era anti-LGBTQ rule
Round House explores serious issues related to privilege
