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Obama signs LGBT-inclusive domestic violence bill

VAWA has non-discrimination rules, provides grants to LGBT programs

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President Obama signed into law an LGBT-inclusive reauthorization of the Violence Against Women Act (Blade file photo by Michael Key)

President Obama signed into law an LGBT-inclusive reauthorization of the Violence Against Women Act (Blade file photo by Michael Key)

Flanked by lawmakers and women’s rights advocates, President Obama on Thursday afternoon signed into law LGBT-inclusive legislation aimed at combating domestic violence and helping its victims.

Obama signed the reauthorization of the Violence Against Women Act during a ceremony in the auditorium of the Department of the Interior, concluding the signing by saying, “There you go, everybody!”

The law reauthorizes the 1994 anti-domestic violence measure written by Vice President Biden, which provides funding for the investigation and prosecution of violent crimes crimes against women as well as funding for victims assistance services.

Additionally, the reauthorization institutes new provisions to help more victims of domestic violence, such as those in the LGBT community and individuals in Native American tribes.

In remarks before the signing the bill, Obama emphasized the importance of VAWA reauthorization as a means to continue the protections put in place by the 1994 version of the law while making an oblique reference to the LGBT community.

“Because of this bill, we’ll keep in place all the protections and services that Joe described, and, as he said, we’ll expand them to cover even more women,” Obama said. “Because this is a country where everybody should be able to pursue their own measure of happiness and live their lives free from fear, no matter who you are, no matter who you love.”

At one point as Obama was offering his remarks someone in audience shouted, “We love you, Mr. President!” Obama replied, “I love you back!”

Among those joining Obama on stage was Sharon Stapel, executive director of the New York-based National Coalition of Anti-Violence Programs.

The president thanked her for her work on domestic violence issue as he noted the LGBT protections in the bill.

“Today is about all the Americans who face discrimination based on sexual orientation and gender identity when they seek help,” Obama said. “So I want to thank Sharon Stapel… for the work she’s doing–the great work she’s doing with the Anti-Violence Project. But Sharon and all the other advocates who are focused on this community, they can’t do it alone. And then now they won’t have to. That’s what today is all about.”

In a statement, Stapel said the VAWA reauthorization includes the LGBT community “in truly historic, unprecedented ways.”

“For the first time in history, federal law includes LGBT anti-discrimination provisions, a huge victory for the LGBT communities and a great step forward for LGBT inclusion in our nation’s laws,” she said. “By including LGBT people in VAWA, we can say to all survivors of violence: you matter and there is support for you.”

Also on stage with Obama was U.S. Attorney General Eric Holder as well as lawmakers like House Minority Leader Nancy Pelosi (D-Calif.,) Senate Judiciary Chair Patrick Leahy (D-Vt.) and House Minority Whip Steny Hoyer (D-Md.) Sen. Mike Crapo (R-Idaho,) Rep. Gwen Moore (D-Wis.), sponsors of the reauthorization measure, were onstage, as well as 1994 co-author Rep. John Conyers (D-Mich.)

Also standing behind Obama was Biden, who offered his own thoughts on the importance of the legislation.

“Those of you who have been around a while with me know that I quote my father all the time who literally would say, the greatest sin that could be committed, the cardinal sin of all sins was the abuse of power, and the ultimate abuse of power is for someone physically stronger and bigger to raise their hand and strike and beat someone else,” Biden said. “In most cases that tends to be a man striking a woman, or a man or woman striking a child. That’s the fundamental premise and the overarching reason why John Conyers and I and others started so many years ago to draft the legislation called the Violence Against Women Act.”

The VAWA reauthorization helps protect the LGBT community against domestic violence and supports it victims in three ways:

• First, the law requires all programs that receive funding under VAWA to provide services regardless of a person’s actual or perceived sexual orientation or gender identity.

• Second, the law explicitly includes the LGBT community in the largest VAWA grant program, the “STOP Grant Program,” which provides funding to providers who collaborate with prosecution and law enforcement officials to address domestic violence.

• Lastly, the bill sets up a grant program specifically aimed at providing services and outreach to underserved populations, including programs that provide care specifically for LGBT people.

The LGBT community continues to face issues with domestic violence along the same level as straight people. A 2012 report from the National Coalition of Anti-Violence Programs found 3,930 incidents of domestic violence in the LGBT and HIV/AIDS community in that year. Additionally, the report found that 61.6 percent of LGBT domestic violence victims were denied access to shelters — nearly a 20-point increase from the 44.6 percent in the previous year.

VAWA reauthorization is the second-ever piece of legislation signed into law with explicit pro-LGBT protections. The first legislation with both a reference to sexual orientation and gender identity was the hate crimes protections legislation Obama signed into law in 2009. The Hate Crimes Statistics Act, which collects data on hate crimes, was the first to mention sexual orientation, not gender identity.

The repeal of “Don’t Ask, Don’t Tell” lifted the ban on openly gay servicemembers from the books, but didn’t institute any pro-LGBT protections in its place.

A number of LGBT advocates were present in the auditorium and hailed the enactment of the legislation as yet another milestone for the advancement of LGBT rights.

David Stacey, deputy legislative director for the Human Rights Campaign, lauded VAWA reauthorization for its historical inclusion and its practical impact on LGBT people.

“From a movement perspective, this is a really an important step forward,” he said. “Then, of course, the substantive fact that more and more victims of domestic violence and sexual assault that are LGBT will have access to services when they need them when they are in crisis.”

Mara Keisling, executive director of the National Center for Transgender Equality, said VAWA will be particularly important for the transgender community, which faces high levels of domestic violence as it does with other kinds of violence.

“It really does some really important things for victims of violence and trans people tend to overrepresented in that as victims of that,” she said. “It’s a really important bill on its own, but politically it’s also the second bill to become a law with LGBT people in it, and there was relatively little problem with the LGBT components.”

VAWA reauthorization is also significant because it marks the first time the House under Speaker John Boehner (R-Ohio) allowed a bill with pro-LGBT language to pass.

However, House Republicans only allowed the bill to pass after a version without LGBT language failed on the House floor. Then, they took up the LGBT-inclusive bill already passed by the Senate.

Julie Kruse, policy director of Immigration Equality, said she’s “thrilled” with the LGBT-inclusion in VAWA reauthorization and hopes that passage in the House bodes well for passage of immigration reform legislation for bi-national same-sex couples.

“We’re thrilled at how much support the president gave to LGBT inclusion, and this is where we are,” she said. “We think it’s a very awesome precedent for the comprehensive immigration reform that’s coming up.”

But Stacey cautioned against giving House Republicans credit for passage of the domestic violence legislation.

“There still was very significant Republican opposition in the House, however, the fact that at the end of the day, they let a bill go that had every Democrat voting for it and a large number of Republicans is a good step forward,” he said. “I think the really significant side is the Senate, where we had a majority of the Republican conference voting for this bill with the sexual orientation and gender identity provisions in it.”

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National

GLSEN hosts Respect Awards with Billy Porter, Peppermint

Annual event aims to ‘inspire a lot of people to get active’

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Billy Porter is among guests at Monday’s Respect Awards in New York.

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. 

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Florida

Homeless transgender woman murdered in Miami Beach

Andrea Doria Dos Passos attacked while she slept

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Andrea Dos Passos (Photo courtesy of Equality Florida)

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.

Gregory Fitzgerald Gibert booking photo via CBS Miami.

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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Federal Government

HHS reverses Trump-era anti-LGBTQ rule

Section 1557 of the Affordable Care Act now protects LGBTQ people

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U.S. Department of Health and Human Services Secretary Xavier Becerra (Public domain photo)

The U.S. Department of Health and Human Services Office for Civil Rights has issued a final rule on Friday under Section 1557 of the Affordable Care Act advancing protections against discrimination in health care prohibiting discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or activities. 

The updated rule does not force medical professionals to provide certain types of health care, but rather ensures nondiscrimination protections so that providers cannot turn away patients based on individual characteristics such as being lesbian, gay, bisexual, transgender, queer, intersex, or pregnant.

“This rule ensures that people nationwide can access health care free from discrimination,” said HHS Secretary Xavier Becerra. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers. Health care should be a right not dependent on looks, location, love, language, or the type of care someone needs.”

The new rule restores and clarifies important regulatory protections for LGBTQ people and other vulnerable populations under Section 1557, also known as the health care nondiscrimination law, that were previously rescinded by the Trump administration.

“Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law,” said Omar Gonzalez-Pagan, counsel and health care strategist for Lambda Legal.

“The Biden administration today reversed the harmful, discriminatory, and unlawful effort by the previous administration to eliminate critical regulatory protections for LGBTQ+ people and other vulnerable populations, such as people with limited English proficiency, by carving them out from the rule and limiting the scope of entities to which the rule applied,” Gonzalez-Pagan added. “The rule released today has reinstated many of these important protections, as well as clarifying the broad, intended scope of the rule to cover all health programs and activities and health insurers receiving federal funds. While we evaluate the new rule in detail, it is important to highlight that this rule will help members of the LGBTQ+ community — especially transgender people, non-English speakers, immigrants, people of color, and people living with disabilities — to access the care they need and deserve, saving lives and making sure healthcare professionals serve patients with essential care no matter who they are.”

In addition to rescinding critical regulatory protections for LGBTQ people, the Trump administration’s rule also limited the remedies available to people who face health disparities, limited access to health care for people with Limited English Proficiency, and dramatically reduced the number of healthcare entities and health plans subject to the rule.

Lambda Legal, along with a broad coalition of LGBTQ advocacy groups, filed a lawsuit challenging the Trump administration rule, Whitman-Walker Clinic v. HHS, and secured a preliminary injunction preventing key aspects of the Trump rule from taking effect.

These included the elimination of regulatory protections for LGBTQ people and the unlawful expansion of religious exemptions, which the new rule corrects. The preliminary injunction in Whitman-Walker Clinic v. HHS remains in place. Any next steps in the case will be determined at a later time, after a fulsome review of the new rule.

GLAAD President Sarah Kate Ellis released the following statement in response to the news:

“The Biden administration’s updates to rules regarding Section 1557 of the ACA will ensure that no one who is LGBTQI or pregnant can face discrimination in accessing essential health care. This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day to day lives of millions of people. Today’s move marks the 334th action from the Biden-Harris White House in support of LGBTQ people. Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”

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