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State Dept. mum on next steps after India ruling

Spokesperson reiterates support for LGBT rights overseas

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Department of State, gay news, Washington Blade
Supreme Court of India, gay news, Washington Blade

Supreme Court of India (Photo by Legaleagle86; courtesy Wikimedia Commons)

State Department spokesperson Jen Psaki wouldn’t speculate Wednesday about how the U.S. might encourage India to repeal its law criminalizing homosexual acts when asked about the recent court ruling upholding the colonial-era law.

Under questioning from the Washington Blade, Psaki declined to speculate about the potential options to encourage additional steps in India after she reiterated the Obama administration’s commitment to LGBT rights overseas.

“That’s a decision that the Indian government would make,” Psaki said. “We, obviously, don’t make decisions on behalf of other governments and their legislation. So, I expressed our deep concern about any efforts around the world to not recognize that LGBT rights are human rights and that’s a message we’ll continue to make.”

Earlier in the day, the India Supreme Court overturned a lower court ruling from 2009 that decriminalized the same-sex relations between two men, which was previously illegal under a colonial-era law known as section 377. With the law back in place, individuals found guilty of “unnatural offenses” in the world’s second most populous country could face 10 years in prison.

Psaki said the State Department is “aware of” the decision in response to a first question about the ruling from a reporter during her daily news briefing,

But Psaki responded to the decision initially only by speaking broadly about the Obama administration’s support for LGBT rights, referencing a statement from Secretary of State John Kerry on Human Rights Day.

“We oppose any action that criminalizes consensual same-sex conduct between adults,” Psaki said. “LGBT rights are human rights. That’s something you heard Secretary Kerry say and Secretary Clinton say before him. And we call on all governments to advance equality for LGBT individuals around the world.”

It took questioning from another reporter for Psaki to clarify that U.S. concern with anti-sodomy laws “whether it’s India, or any other country” applies to the recent ruling.

“Any action that criminalizes consensual same-sex conduct between adults, that doesn’t recognize that fundamental freedoms include their right to sexual orientation, those are issues that we certainly would be concerned about as we are here,” Psaki said.

Asked whether the State Department was planning to reach out to the Indian government about the issue, Psaki wouldn’t make any specific predictions, but said human rights issues come up in conversations.

“Well, we consistently bring up human rights issues with most countries we meet with,” Psaki said. “I don’t have any specific recent call or meeting to read out for all of you, but certainly that’s something we’re happy to express publicly and privately.”

Top U.S. officials just recently had the opportunity to speak with Indian officials.

As part of her initial response speaking generally about news related to India, Psaki said Secretary of State John Kerry and other high-ranking State Department officials met on Tuesday with Indian Foreign Secretary Sujatha Singh and agreed to an expansion of strategic partnerships.

“The United States and India agreed … to strengthen new U.S.-India cooperation on training U.S. peacekeepers to develop support for the department’s own peace operations initiative,” she said. “The United States also accepted India’s invitation to serve as a partner country for India’s technology summit and expo in New Delhi in the fall of 2014, further intensifying our broad scientific cooperation.”

Asked whether the Supreme Court decision came up during this discussion, Psaki said she believes it happened before the ruling was handed down. When another reporter mentioned other related meetings were taking place today, Psaki said she’d have to check to verify that and whether any discussions about the ruling took place.

“I don’t have any other comment for you on the Supreme Court case than what I just offered or any other expectations of steps,” Psaki said. “That’s obviously steps the Indian government would take.”

After a reporter pointed out that the State Department would make threats aimed at Ukraine after it used violence to stop peaceful protests, but that it won’t take similar action in the India case, Psaki said the situations were different.

“Obviously, the events in Ukraine, we expressed our deep concern and the reasons why,” Psaki said. “And, as you know, we don’t group every country and everything that happens into the same category. Every circumstance is different.”

A transcript of the exchange follows:

Department of State, gay news, Washington Blade

U.S. Department of State (Photo public domain)

QUESTION: Thank you. You must have seen the Indian Supreme Court decision criminalizing homosexuality, which has sent shockwaves in the global LGBT community. And it’s more important, because only yesterday, Secretary Kerry issued a statement on Human Rights Day, and in which he mentioned LGBT. So what is the reaction that – and especially because the Indian foreign secretary is in town?

MS. PSAKI: Mm-hmm. Well, we, of course, are aware of the Supreme Court decision. The United States places great importance on the protection of human rights and fundamental freedoms of all people. And as you saw and as you referenced in the Secretary’s statement yesterday, that includes lesbian, gay, bisexual, and transgender persons around the world. We oppose any action that criminalizes consensual same-sex conduct between adults. LGBT rights are human rights. That’s something you’ve heard Secretary Kerry say, I believe Secretary Clinton say before him, and we call on all governments to advance equality for LGBT individuals around the world.

I know you asked me about the visit of the foreign secretary. I’m happy to give a readout of that, if that’s helpful as well. Secretary Kerry and Deputy Secretary Burns met yesterday with Indian Foreign Secretary Singh to discuss ways to deepen the U.S.-India Strategic Partnership and consult on regional issues. Foreign Secretary Singh also met with Acting Under Secretary Rose Gottemoeller, Assistant Secretary for South and Central Asia Nisha Biswal, and other senior officials.

The United States and India agree to joint principles to strengthen India-U.S. cooperation on training UN peacekeepers, developed with support from the Department’s Global Peace Operations Initiative. The United States also accepted India’s invitation to serve as a partner country for India’s technology summit and expo in New Delhi in the fall of 2014, further intensifying our broad scientific cooperation.

QUESTION: Thank you. Are you planning to reach out to the Indian Government to express your – directly about what needs to be done? Because if you see the atmosphere there, the political parties, the pressure, and – it is not just a vague Supreme Court decision.

MS. PSAKI: Well, we have – we consistently bring up human rights issues with most countries we meet with, and I don’t have any specific recent call or meeting to read out for all of you, but certainly, that’s something we’re happy to express publicly and privately as needed.

QUESTION: Back on India —

QUESTION: Well, in that meeting between the top diplomat for the Administration and his Deputy and the Indian foreign secretary, this didn’t come up?

MS. PSAKI: That happened yesterday. I don’t – I’m not aware of when – I believe this decision may have been today, the Supreme Court decision.

QUESTION: But she still has a meeting today too in the building.

MS. PSAKI: Hmm?

QUESTION: She had a meeting today also. Was this issue brought up with her?

MS. PSAKI: Today? With – who was the meeting with today?

QUESTION: I don’t know, but I think she had —

QUESTION: But she’s in town.

QUESTION: — some meetings here today also.

MS. PSAKI: I have to check on that. I was under the impression that most of the meetings were yesterday, but I’m happy to check, and if there were meetings today, we can check if this issue came up.

QUESTION: All right. And then —

QUESTION: Yeah, but the question —

QUESTION: — in the initial – in your initial response, I didn’t hear you actually give any reaction to what the decision actually was. I’m presuming that you think it’s a bad ruling by the Supreme Court, but I didn’t hear you say that.

MS. PSAKI: Well, we —

QUESTION: Can you go ahead – can you say that?

MS. PSAKI: I believe by saying we oppose any action that criminalizes consensual same-sex conduct between adults in general around the world, I think I was pretty clear about what our view is.

QUESTION: So what do you think about the – specifically about the Indian Supreme Court decision?

MS. PSAKI: I think —

QUESTION: I’m looking for something that’s got the word “India” in the answer, other than just —

MS. PSAKI: Matt, I’m not sure I have much more to add other than to convey that any legislation around the world, whether it’s India or any other country that criminalizes —

QUESTION: But this isn’t legislation.

MS. PSAKI: — I’m sorry – any action that criminalizes consensual same-sex conduct between adults that doesn’t recognize that fundamental freedoms of people include their right to sexual orientation – those are issues that we certainly would be concerned about, as we are here.

QUESTION: So you are expressing concern about the Supreme Court decision in India on this case?

MS. PSAKI: Correct.

QUESTION: Okay.

MS. PSAKI: Does the supreme —

QUESTION: Clarify it one more time.

MS. PSAKI: Sure.

QUESTION: You are opposed to the Supreme Court decision and you are going to raise this issue with the Indian Government, right?

MS. PSAKI: I think I expressed our concern about any cases along these lines. We are in regular touch about these issues and others with India. I don’t have anything specific to read out for you in terms of future meetings or conversations about this.

QUESTION: Yeah. Does the United States expect India to – the parliament – with respect to the parliament, does it expect the Indian parliament to repeal that law?

MS. PSAKI: I don’t have any other comment for you on the Supreme Court case than what I’ve just offered or any other expectation of steps. That’s obviously steps the Indian Government would take.

QUESTION: Is there any actions at all the Supreme Court – is there any options at all the State Department is examining to encourage India to repeal that law?

MS. PSAKI: That’s a decision that the Indian Government would make. We obviously don’t make decisions on behalf of other governments and their legislation. So I expressed our deep concern about any efforts around the world to not recognize that LGBT rights are human rights, and that’s a message we’ll continue to convey.

QUESTION: Well, the only problem with that is that you’re threatening sanctions on Ukraine, or saying that they’re a possibility because they’re violating people’s human rights and not listening to the – not listening to the people. And yet here with India, it’s not even clear whether this has – has come up, will come up, or will ever come up with the Indian Government. And in fact, the meeting – the readout that you gave of the meetings yesterday said that everything with India is full speed ahead, and we’re intensifying our relationship, and —

MS. PSAKI: Those meetings were yesterday. I think I expressed pretty clearly our opposition to this. In terms of what steps would be taken by a government on a Supreme Court case, that’s not something I would have a comment on. Obviously, the events in Ukraine we’ve expressed our deep concern about, and the reasons why. And as you know, we don’t group every country and everything that happens into the same category. Every circumstance is different.

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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference student’s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery County Police identified the arrested student as “Andrea Ye, of Rockville, whose preferred name is Alex Ye.”

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Ye’s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about as character in a 129-page manifesto outlining plans for a school shooting. Police have said Ye told them the manifesto was a fictional story he planned to publish.  

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a “biological female.”

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to “admit that this individual was transgender.”

“Because it’s not a lead,” Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is “a white Christian male who’s heterosexual.” Elrich stated, “No, you don’t – You never publish somebody’s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. It’s not a news story. It is not a crime to  be transgender.”

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Ye’s manifesto appearing to make threats of a mass school shooting.

“Now, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,” Jones said. “I commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,” he told the gathering.

“Thanks to their swift action and cooperation a potentially catastrophic event was prevented,” Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

“But this case is different,” Jones said. “This case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspect’s manifesto to the authorities. This underscores the value of community engagement and the ‘see something say something’ approach,” he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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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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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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