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Lieberman says ‘Don’t Ask’ to return after election

Conn. senator says he received assurances from leadership about future repeal effort

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U.S. Sen. Joe Lieberman said 'Don't Ask, Don't Tell' will come back if it's unsuccessful today. (Blade photo by Michael Key)

Sen. Joseph Lieberman (I-Conn.) said he’s received assurances from Democratic leadership that major defense legislation containing “Don’t Ask, Don’t Tell” repeal would come again after Election Day if cloture isn’t invoked Tuesday.

“If for some reason, we don’t get the 60 votes to proceed, this ain’t over,” Lieberman said. “We’re going to come back into session in November or December. I spoke to Sen. Reid today. He’s very clear and strong that he’s going to bring this bill to the floor in November or December.”

Lieberman said he’s “not optimistic” about the upcoming cloture vote. Still, he urged other senators to come on board today and said the fiscal year 2011 defense authorization bill is a “critical piece of legislation.”

“The fact that our colleagues would be having on the Senate floor this debate about to vote to proceed to take up the National Defense Authorization Act, to me, is unbelievable,” Lieberman said.

Lieberman said moving forward with the defense legislation should be a “no-brainer” because of the funding provided in the bill for U.S. service members.

He also defended the “Don’t Ask, Don’t Tell” language in the bill and said he doesn’t think opponents of repeal have the votes to strip it out if the legislation comes to the floor.

“I don’t believe that the opponents of the repeal of ‘Don’t Ask, Don’t Tell’ have enough votes to take that repeal out of this legislation,” he said. “Maybe that’s why they’re fighting so hard to stop this legislation from coming up.”

Provided all 59 Democrats vote in favor of moving forward with the defense legislation, at least one Republican vote is necessary to reach the 60-vote threshold to end the filibuster on the legislation.

However, GOP leaders are reportedly telling its caucus to vote against cloture because of limitations on amendments that Democratic leadership will allow on the floor.

Senate Majority Leader Harry Reid (D-Nev.) has said three amendments would be allowed on the defense authorization bill: a measure stripping the legislation of its “Don’t Ask, Don’t Tell” repeal language; a measure attaching the DREAM Act, an immigration-related bill, to the legislation; and a measure addressing the “secret holds” senators can place on presidential nominees.

During a news conference, Assistant Majority Leader Richard Durbin (D-Ill.) also said the Republicans would be at fault if cloture isn’t invoked on the defense authorization bill on Tuesday.

“What would be unprecedented is if Republicans block the Senate from passing the defense authorization bill for the first time since 1952,” Durbin said.

Asked by the Blade about what Democratic leadership is doing to negotiate with Republicans over the cloture vote, Durbin replied, “We’re trying.”

Durbin said the initial three amendments would come up on the defense authorization bill first, which would be followed by a “discussion as to what further amendments would be considered.”

“I don’t think Sen. Reid has ruled that out,” Durbin said. “What he has said is that the first three amendments are the first amendments. … Beyond that, Sen. Reid would be open for negotiation for a unanimous consent request.”

Pressed on whether he thinks any GOP senators would vote for cloture on Tuesday as a result of negotiations with Republicans, Durbin replied, “I don’t know at this point.”

Lieberman expressed confidence in Reid’s negotiations on the legislation. Asked by the Blade whether he thinks Reid is doing everything he can to bring Republicans on board for the cloture vote, the senator replied, “I do.”

The Connecticut senator said finishing work on the defense authorization bill would require another cloture vote and Republicans would have the opportunity to offer amendments before that motion to proceed.

“If, for some reason, Sen. Reid decides to bring the defense bill to a final vote before any other amendments are put in, our Republican colleagues — and I would guess, some Democrats — would not vote for cloture at that point,” Lieberman said. “So, they have the final say.”

During a news conference, Joe Solmonese, Human Rights Campaign president, praised Reid for leading the way on “Don’t Ask, Don’t Tell” repeal.

“I can think of no elected official who has the tenacity, and, quite frankly, the quiet determination of Sen. Reid,” Solmonese said. “His tremendous leadership is the reason that we are here today going to this historic vote. And it is his resolve and his persistence that will be the reason that I am confident that we ultimately succeed in repealing ‘Don’t Ask, Don’t Tell.'”

Chances for a successful vote for cloture seemed to fade when Sen. George Voinovich (R-Ohio) issued a statement that he was reluctant to support a vote for cloture on the defense authorization bill.

“If the Democrats are serious about getting this bill passed, Leader Reid should sit down with Minority Leader Mitch McConnell and work out the amendment process,” Voinovich said. “Unless that is done, I will not support cloture on the motion to proceed to this bill.”

Regarding “Don’t Ask, Don’t Tell” repeal, Voinovich said it would be “logical” to wait for the Pentagon working group to complete its study on implementing repeal, which is due Dec. 1.

“At this point there is no reason to rush to judgment for political expediency until we hear from our military leaders as to whether they think it is a good idea to change this policy,” he said. “I will carefully study this determination when it is completed.”

Also present at the news conference to promote “Don’t Ask, Don’t Tell” repeal was Eric Alva, who’s gay and the first U.S. service member wounded in Operation Iraqi Freedom.

Mike Almy, a gay former Air Force communications officer discharged under “Don’t Ask, Don’t Tell” was also at the conference and said he was representing the Servicemembers Legal Defense Network.

In a related development, the White House today issued a Statement of Administration Policy on the Senate version of the bill approving of provisions in the legislation and calling for its passage.

The statements are intended to provide guidance to members of Congress on how to vote and how to handle major pieces of legislation.

According to a copy of the statement obtained in advance by the Blade, the Obama administration “supports Senate passage of S. 3454, the National Defense Authorization Act for Fiscal Year 2011.”

“The Administration appreciates the Senate Armed Services Committee’s continued support of our national defense, including, among other things, its support for the Department’s topline budget requests for both the base budget requests for both the base budget and for overseas contingency operations,” the statement reads.

The statement makes special note of the “Don’t Ask, Don’t Tell” repeal language in the legislation under the heading, “Policy Concerning Homosexuality in the Armed Forces.”

“The Administration supports section 591 as it would allow for completion of the Comprehensive Review, enable the Department of Defense to assess the results of the review, and ensure that the implementation of the repeal is consistent with the standards of military readiness, effectiveness, unit cohesion, recruiting and retention,” the statements reads.

The White House adds the repeal provision “recognizes the critical need to allow our military and their families the full opportunity to inform and shape the implementation process through a thorough understanding of their concerns, insights and suggestions.”

The statement also makes note that the Senate version of the defense authorization doesn’t have funding for the alternative engine program for the F-35 Joint Strike Fighter, a next-generation military aircraft.

The House version of the defense authorization bill provides for $485 million in funds for the second engine for the aircraft. The White House has issued a veto threat over the defense authorization bill as a result of this provision.

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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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