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Casey to introduce LGBT anti-bullying bill & more

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Casey to introduce LGBT anti-bullying bill

PHILADELPHIA — U.S. Sen. Bob Casey (D-Pa.) has announced plans to introduce federal anti-bullying legislation “in the next couple of days” that would be inclusive of protecting LGBT students throughout the country.

During a May 1 speech at the annual Equality Forum, Casey said the bill, which will be known as the Safe Schools Improvement Act, is necessary because data shows that bullying happens “most frequently to children who happen to be gay, lesbian, bisexual or transgender.”

“We must enact legislation to do a better job of protecting children, especially those children who are being bullied every day because they’re gay or lesbian,” he said.

Casey said the bill would call on schools to develop policies to prohibit bullying and harassment and create a system to obtain and report data on the issue. Companion legislation to what Casey’s proposing exists in the House. The sponsor of the House version, which has 108 co-sponsors, is Rep. Linda Sanchez (D-Calif.).

After the speech, Casey told the Blade his legislation would be different from the Student Non-Discrimination Act that Sen. Al Franken (D-Minn.) is poised to introduce in the Senate.

Casey said it’s important for the federal government to make clear that it’s going to pay more attention to the issue of bullying.

“As you know, it’s been a significant issue as it relates to gay and lesbian, bisexual and transgender children for a long time — or children who happen to have parents who are gay or lesbian,” he said.

Casey said the legislation wouldn’t necessarily have language specifically relating to sexual orientation or gender identity but would have more of a “broader directive” toward all students.

Although he said it’s possible for anti-bullying legislation to pass this year, Casey said he’s “learned to be more realistic about how long bills can take.”

Hawaii passes civil unions bill

HONOLULU — In an unexpected development, Hawaii’s House of Representatives last week voted 31-20 to pass a civil unions bill providing the same rights and benefits of marriage to the state’s same-sex couples.

The vote came April 30 during the final hours of the legislative body’s session and after many political observers expected supporters to postpone a vote because they lacked sufficient support to override any veto by Republican Gov. Linda Lingle.

Lingle has not said whether she will sign or veto the bill. Opponents, led by the state Catholic Archdiocese, are demanding that Lingle veto the measure. Supporters need 34 votes to override a veto, three more than the number who voted for the measure on Thursday.

“The legislature’s passage of a civil union bill marks a major step forward in Hawaii’s journey toward fairness and equality, but falls short of the full security and equality protection that come only with the freedom to marry,” said Evan Wolfson, executive director of the same-sex marriage advocacy group Freedom to Marry.

Hawaii’s state Senate passed the bill earlier this year.

Wolfson played a role in efforts to push for same-sex marriage in Hawaii during the early 1990s, when same-sex couples filed a lawsuit asserting the state’s Constitution required recognition of same-sex marriage. In a highly controversial decision, the Hawaii Supreme Court ruled in favor of the couple’s suit, setting in motion a process where Hawaii could have become the nation’s first state to legalize gay marriage.

But opponents fought back, pushing through a ballot measure approved by the voters that amended the state’s Constitution in 1998 to ban gay marriage. The Hawaii Supreme Court ruling in 1993 has been credited with unleashing a nationwide backlash against same-sex marriage that led to ballot measures banning gay marriage in states across the country.

Wolfson and other LGBT activists have expressed hope that that backlash is subsiding, and that more states will soon approve same-sex marriage laws similar to those in Massachusetts and Washington, D.C.

Franken to introduce student non-discrimination bill

WASHINGTON — U.S. Sen. Al Franken (D-Minn.) is poised to introduce a bill that would bar discrimination against LGBT students in schools throughout the country, according to his office.

“We are hopeful that we can introduce our companion anti-bullying legislation soon,” Jess McIntosh, a Franken spokesperson, told the Blade last week.

In the House, the legislation is known as the Student Non-Discrimination Act. Rep. Jared Polis (D-Colo.), a gay lawmaker, introduced the measure in January. Polis said the legislation would give schools across the country tools to fight “everything from exclusion from prom, to banning clubs, to lack of actions addressing bullying situations.”

McIntosh said she couldn’t say when Franken would introduce the bill; she also couldn’t confirm whether the language in his bill would match the House version.

Daryl Presgraves, spokesperson for the Gay, Lesbian & Straight Education Network, which has been advocating for the bill, praised Franken for furthering the effort.

“Obviously, we’re very grateful to Sen. Franken for realizing that the Student Non-Discrimination Act is an important piece of legislation that will help make schools safer for all students, regardless of sexual orientation or gender identity or expression,” Presgraves said.

Immigration reform could include UAFA: report

WASHINGTON — A recently published outline of principles Senate Democrats are seeking as part of upcoming comprehensive immigration reform calls for language that would address inequities faced by same-sex bi-national couples.

The 26-page draft proposal, posted online April 29 by Politico, devotes one line to expressing a desire for language to allow LGBT Americans to sponsor their foreign same-sex partners for residency in the U.S. as part of the final immigration reform bill.

“It will eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status,” says the draft.

The proposed language is similar to standalone legislation pending in Congress known as the Uniting American Families Act. The bill would change immigration law to assist an estimated 36,000 same-sex bi-national couples living in the United States.

The draft proposal’s authors are Senate Democrats leading the effort in the chamber for immigration reform: Senate Majority Leader Harry Reid (D-Nev.), Sens. Chuck Schumer (D-N.Y.) and Bob Menendez (D-N.J.).

Steve Ralls, spokesperson for Immigration Equality, called the proposal “a very significant development” toward including UAFA in comprehensive immigration reform.

“It is a solid indication that lawmakers — in crafting their priorities for the bill — saw this as being one of those priorities,” he said.

Baldwin says OPM has pay-for info on DP bill

WASHINGTON — The only out lesbian in Congress told reporters last week that the administration has sent her information on finding funds to pay for domestic partner benefits legislation for federal workers.

Asked by the Blade on April 28 whether the U.S. Office of Personnel Management had yet provided the data as requested by lawmakers, Rep. Tammy Baldwin (D-Wis.) replied, “To me.”

The legislation, known as the Domestic Partnership Benefits & Obligations Act, would make available to the same-sex partners of federal workers the same benefits available to the spouses of straight workers, including health and pension benefits.

“We’ll be able to pay for it,” said Baldwin, the bill’s sponsor. “I’m confident that we will be able to offset it so that it will meet statutory pay-go requirements.”

House and Senate committees with jurisdiction over the legislation reported out the bill late last year. But supporters have said they wouldn’t move the bill to the floor unless OPM provided information on how to pay for the legislation’s cost — an estimated $63 million each year — within the agency’s existing budget.

Baldwin said for strategic reasons, she didn’t want to offer more information publicly on how OPM found the needed funds to pay for the legislation.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: “From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

“From restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia “Liish” Kozlowski, who is one of the country’s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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