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Adoption anti-discrimination bill gets reboot

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Jennifer Chrisler (Photo courtesy of familyequality.org)

An adoption anti-discrimination bill previously introduced in the U.S. House is set to get a new start this week when the bill’s sponsor reintroduces it with modified language.

Rep. Pete Stark (D-Calif.), the sponsor of the Every Child Deserves a Family Act, is planning to reintroduce the bill — which would prohibit discrimination against LGBT people seeking to adopt children — after having introduced it for the first time last year.

Additionally, on March 11, Stark plans to lead a congressional briefing panel on Capitol Hill featuring discussion from experts on LGBT adoption. The dialogue is intended to educate lawmakers on the bill’s importance.

Jennifer Chrisler, executive director of the Family Equality Council, said the reintroduced legislation would be similar in scope to the previously introduced bill, except it would make technical changes and allow for new education opportunities for programs helping children find homes.

“This bill added some language around training and education to help people understand what it is that they can and should do when it comes to looking for potential parents,” she said.

The earlier version of the adoption anti-discrimination bill has 14 co-sponsors. Chrisler said the co-sponsors for the earlier legislation would go to the newer version upon its introduction.

To bar discrimination against LGBT people seeking to adopt, the proposed legislation would restrict federal funds for states that have laws or practices barring LGBT people from taking children into their homes.

Currently, three states bar LGBT people from adopting children. Another seven states don’t permit same-sex couples to jointly adopt. Florida, for example, has a statute in place prohibiting gays from adopting, while Arkansas voters in 2008 approved Act 1, which prevents all co-habitating unmarried couples from adopting children.

The laws in 34 other states are unclear about whether same-sex couples may jointly adopt, sometimes resulting in discrimination.

Chrisler said the legislation is intended to provide an incentive for states so they don’t discriminate and instead “focus on what’s in the best interest of the children, which is really finding the right home for that particular child.”

The legislation, Chrisler said, would help thousands of children in foster care throughout the country find new homes.

“This is fundamentally, at its heart, a child welfare bill that seeks to open up more pools of potential parents to provide a loving, stable home environment to children who need those homes,” she said.

Chrisler said about 500,000 children in the U.S. are in the foster care system, and about 120,000 are legally available for adoption.

Children who never find homes have been found to be at greater risk for various problems as they enter adulthood. Chrisler said in 2007, more than 25,000 youth “aged out” of the foster care system, and these children were at higher risk for poverty, homelessness, incarceration and early parenthood.

“A bill like this helps shine a light on the fact that the more available parents that we have to provide loving, permanent homes for children who need them, the better the outcomes for those kids will be,” Chrisler said.

Chrisler said research from the Williams Institute, a think-tank on sexual orientation at the University of California, Los Angeles, shows that more than 2 million LGBT people throughout the country have considered becoming parents, but are barred from existing state laws from doing so.

“If even a quarter of them became foster or adoptive parents, it would meet the needs of all 500,000 children waiting in the foster care system,” she said.

The Every Child Deserves a Family Act is modeled after the Multi-Ethnic Placement Act of 1994 as amended in 1996, which similarly prohibits states from receiving federal funds if they engage in racial or ethnic discrimination when placing children into homes.

Asked whether she thinks Congress will pass the legislation this year, Chrisler expressed uncertainty but noted that advocates will continue to support its passage.

“I’m optimistic that we can leverage this bill to have really good educational conversations,” she said. “I think as anybody who has watched Congress knows, the process of making a bill into a law is a complicated one, but we are going to put all of our energy and all our resources into trying to do just that.”

Chrisler said Stark is optimistic the bill will have a hearing in the House Ways & Means subcommittee to which it’s been assigned.

She also said advocates are working on getting a Senate companion for the bill introduced, although she declined to disclose which senator she was seeking as a sponsor for the legislation.

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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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