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Gov’t shutdown impacts HIV/AIDS programs, LGBT fed’l workers

Loss of oversight for Ryan White grants as 818,000 employees placed on furlough

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U.S. Capitol, gay news, Washington Blade
U.S. Capitol, gay news, Washington Blade

As the shutdown begins, key programs related to HIV/AIDS are affected. (Washington Blade file photo by Michael Key).

The federal government shutdown is impacting certain services related to HIV/AIDS programs and LGBT federal employees are among hundreds of thousands furloughed on Tuesday.

The shutdown began at midnight on Tuesday after Congress failed to pass a budget that would continue funding the federal government after the start of fiscal year 2014.

The Republican-controlled House passed several resolutions that would continue to fund the government, but would also repeal portions of health care reform or delay its implementation. The Democratic-controlled Senate refused each proposal, stripping out the language related to the Affordable Care Act and insisting on legislation that would only fund the government.

Although certain federal government functions will continue, such as the U.S. Postal Service and programs related to national security, programs and offices that have closed include the National Park Service, the Environmental Protection Agency and housing vouchers from the Department of  Housing & Urban Development, according to the Washington Post.

Key programs for people with HIV/AIDS are among the programs affected by the government shutdown. According to a shutdown plan from the Department of Health & Human Services, the cut off of federal funds means a loss of oversight for Ryan White AIDS Grants, a freeze in new medical research at the National Institutes of Health and no more updates for treatment and prevention recommendations for HIV at the Centers for Disease Control.

The guidance takes note of how the discontinuation of oversight from Health Resources & Services Administration will have a negative impact on programs related to Ryan White, which provides medication to low-income people with HIV/AIDS.

“Monitoring of Ryan White grants – particularly AIDS Drug Assistance Program Grants, Emergency Relief Grants and Comprehensive Care would be insufficient to assure states, cities and communities are complying with statutory guidance and necessary performance,” the guidance states.

Winnie Stachelberg, executive vice president for external affairs at the Center for American Progress, blamed the right-wing of the Republican Party for the negative impact on these HIV/AIDS programs.

“The Tea Party Republicans are playing irresponsible politics with men, women and children living with HIV and AIDS,” Stachelberg said.

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, said the situation for HIV/AIDS programs isn’t yet dire because they’re by-and-large grant funded and won’t face a loss of funds for some time.

“Many of the grants… are on an April 1-March 31 cycle and won’t be immediately impacted by the shutdown,” Cole-Schwartz said. “That said, there is uncertainty about the FY 14 funding levels and the impact this will have on grantees for the next grant cycle.”

Cole-Schwartz also said there are LGBT-related implications to the shutdown because furloughing may impact the enforcement efforts at the Justice Department for hate crimes and Title IX cases involving LGBT students.

Issues related to these programs under the government shutdown are basically the same as the ones they faced under sequestration, but magnified because the funding level has gone from significantly reduced to potentially zero.

It’s unclear when Congress will come to an agreement to continue funding for the government. House Republicans have proposed a conference committee to iron out the differences between the different versions of the legislation, which would likely mean some give on health care reform.

But Senate Democrats are refusing to conference and insisting the House pass a measure that funds the government. Senate Majority Leader Harry Reid (D-Nev.) said late Monday night, “We will not go to conference with a gun to our head.”

Gregory Angelo, executive director of the Log Cabin Republicans, declined to assign blame for the shutdown, but said a “compromise” is in order. His group had joined conservative organizations in calling health care reform “tyrannical.”

“Don’t think for an instant that anyone wanted a government shutdown,” Angelo said. “Whether the House GOP votes or Harry Reid’s stubbornness were prudent or not is immaterial at this point — the fact is we are in the midst of a shutdown that Democrats are as responsible for as Republicans. We hope it’s resolved soon with a compromise that gets this country back on track.”

Even though the government has shut down, the health care reform law that Republicans had sought to thwart became effective the same day other services stopped because funds to start it up were already appropriated. Open enrollment into health insurance exchanges began today as well as the Medicaid expansion for states that elected to participate. That’s significant because most people who receive HIV/AIDS medications through federal assistance get them through Medicaid.

Rea Carey, executive director of the National Gay & Lesbian Task Force, slammed Republicans for halting the government over a law that she said would afford significant help to LGBT Americans.

“This tantrum could end up costing our nation billions of dollars and will negatively affect the most marginalized in our society,” Carey said. “The truth is, the Affordable Care Act will help ensure access to health care for millions of Americans who are uninsured — including many lesbian, gay, bisexual and transgender people who desperately need it. Health care delayed is health care denied. And health care denied is putting lives in jeopardy.”

Meanwhile, LGBT workers are among the more than 818,000 federal workers estimated by the Wall Street Journal deemed “non-essential” and placed on furlough while the government is shut down.

Leonard Hirsch, president of the LGBT affinity group known as Federal GLOBE, said conservative denigration of federal workers and continual worries over funds and government shutdown has made work difficult to complete for all workers.

“We are all working to fulfill our mission for an effective administration of the laws of the land,” Hirsch said. “We worry about the lasting impacts on our economy and on our international standing. Having multiple years without real budgets, and discussion of yet another full year omnibus is destructive. It makes developing new initiatives difficult if not impossible.”

Shin Inouye, a White House spokesperson, is among the federal employees placed on furlough and was unable to answer questions about the government shutdown for the Washington Blade.

Robyn McCutcheon, president of Gays & Lesbians in Foreign Affairs Agencies, or GLIFAA, said for the time being work for LGBT employees in the State Department continues, although there are limitations.

“We are given to understand that State has sufficient operating funds for these initial days and that all employees are expected to report to work as usual,” McCutcheon said. “There has been guidance that in the interim, there should be no new travel, no representational events, and so on.”

Still, McCutcheon said LGBT State Department employees worry the situation may change if Congress doesn’t come to a resolution about continued funding for the government.

“GLIFAA shares the concerns and worries of all government employees over what will happen should the shutdown continue,” McCutcheon said.

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Congress

Congress passes ‘Big, Beautiful Bill’ with massive cuts to health insurance coverage

Roughly 1.8 million LGBTQ Americans rely on Medicaid

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael Key)

The “Big, Beautiful Bill” heads to President Donald Trump’s desk following the vote by the Republican majority in the U.S. House of Representatives Thursday, which saw two nays from GOP members and unified opposition from the entire Democratic caucus.

To partially offset the cost of tax breaks that disproportionately favor the wealthy, the bill contains massive cuts to Medicaid and social safety net programs like food assistance for the poor while adding a projected $3.3 billion to the deficit.

Policy wise, the signature legislation of Trump’s second term rolls back clean energy tax credits passed under the Biden-Harris administration while beefing up funding for defense and border security.

Roughly 13 percent of LGBTQ adults in the U.S., about 1.8 million people, rely on Medicaid as their primary health insurer, compared to seven percent of non-LGBTQ adults, according to the UCLA School of Law’s Williams Institute think tank on sexual orientation and gender identities.

In total, the Congressional Budget Office estimates the cuts will cause more than 10 million Americans to lose their coverage under Medicaid and anywhere from three to five million to lose their care under Affordable Care Act marketplace plans.

A number of Republicans in the House and Senate opposed the bill reasoning that they might face political consequences for taking away access to healthcare for, particularly, low-income Americans who rely on Medicaid. Poorer voters flocked to Trump in last year’s presidential election, exit polls show.

A provision that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation — reportedly after the first trans member of Congress, U.S. Rep. Sarah McBride (D-Del.) and the first lesbian U.S. senator, Tammy Baldwin (D-Wis.), shored up unified opposition to the proposal among Congressional Democrats.

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Congress

Ritchie Torres says he is unlikely to run for NY governor

One poll showed gay Democratic congressman nearly tied with Kathy Hochul

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U.S. Rep. Ritchie Torres (D-N.Y.) (Washington Blade photo by Michael Key)

Gay Democratic Congressman Ritchie Torres of New York is unlikely to challenge New York Gov. Kathy Hochul (D) in the state’s next gubernatorial race, he said during an appearance Wednesday on MSNBC’s “Morning Joe.”

“I’m unlikely to run for governor,” he said. ““I feel like the assault that we’ve seen on the social safety net in the Bronx is so unprecedented. It’s so overwhelming that I’m going to keep my focus on Washington, D.C.”

Torres and Hochul were nearly tied in a poll this spring of likely Democratic voters in New York City, fueling speculation that the congressman might run. A Siena College poll, however, found Hochul leading with a wider margin.

Back in D.C., the congressman and his colleagues are unified in their opposition to President Donald Trump’s signature legislation, the “Big Beautiful Bill,” which heads back to the House after passing the Senate by one vote this week.

To pay for tax cuts that disproportionately advantage the ultra-wealthy and large corporations, the president and Congressional Republicans have proposed massive cuts to Medicaid and other social programs.

A provision in the Senate version of the bill that would have blocked the use of federal funds to reimburse medical care for transgender youth was blocked by the Senate Parliamentarian and ultimately struck from the legislation, reportedly after pressure from transgender U.S. Rep. Sarah McBride (D-Del.) and lesbian U.S. Sen. Tammy Baldwin (D-Wis.).

Torres on “Morning Joe” said, “The so-called Big Beautiful Bill represents a betrayal of the working people of America and nowhere more so than in the Bronx,” adding, “It’s going to destabilize every health care provider, every hospital.”

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Congress

House Democrats oppose Bessent’s removal of SOGI from discrimination complaint forms

Congressional Equality Caucus sharply criticized move

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Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A letter issued last week by a group of House Democrats objects to Treasury Secretary Scott Bessent’s removal of sexual orientation and gender identity as bases for sex discrimination complaints in several Equal Employment Opportunity forms.

Bessent, who is gay, is the highest ranking openly LGBTQ official in American history and the second out Cabinet member next to Pete Buttigieg, who served as transportation secretary during the Biden-Harris administration.

The signatories to the letter include a few out members of Congress, Congressional Equality Caucus chair and co-chairs Mark Takano (Calif.), Ritchie Torres (N.Y.), and Becca Balint (Vt.), along with U.S. Reps. Nikema Williams (Ga.), Hank Johnson (Ga.), Raja Krishnamoorthi (Ill.), Delia Ramirez (Ill.), Joyce Beatty (Ohio), Lloyd Doggett (Texas), Eleanor Holmes Norton (D.C.), Josh Gottheimer (N.J.), and Sylvia Garcia (D-Texas).

The letter explains the “critical role” played by the EEO given the strictures and limits on how federal employees can find recourse for unlawful workplace discrimination — namely, without the ability to file complaints directly with the Employment Opportunity Commission or otherwise engage with the agency unless the complainant “appeal[s] an agency’s decision following the agency’s investigation or request[s] a hearing before an administrative judge.”

“Your attempt to remove ‘gender identity’ and ‘sexual orientation’ as bases for sex discrimination complaints in numerous Equal Employment Opportunity (EEO) forms will create unnecessary hurdles to employees filing EEO complaints and undermine enforcement of federal employee’s nondiscrimination protections,” the members wrote in their letter.

They further explain the legal basis behind LGBTQ inclusive nondiscrimination protections for federal employees in the EEOC’s decisions in Macy v. Holder (2012) and Baldwin v. Foxx (2015) and the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).

“It appears that these changes may be an attempt by the department to dissuade employees from reporting gender identity and sexual orientation discrimination,” the lawmakers wrote. “Without forms clearly enumerating gender identity and sexual orientation as forms of sex discrimination, the average employee who experiences these forms of discrimination may see these forms and not realize that the discrimination they experienced was unlawful and something that they can report and seek recourse for.”

“A more alarming view would be that the department no longer plans to fulfill its legal obligations to investigate complaints of gender identity and sexual orientation and ensure its
employees are working in an environment free from these forms of discrimination,” they added.

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