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Suicides draw attention to anti-bullying bills

Experts say laws can reduce harassment in schools

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The widely reported suicides of four gay male teenagers in September that have been linked to school bullying or harassment has heightened interest in two separate bills in Congress aimed at curtailing anti-LGBT bullying and discrimination in the nation’s public schools.

A third bill expected to be introduced next month by Sen. Frank Lautenberg (D-N.J.) would require colleges and universities to develop campus anti-bullying and anti-harassment policies that cover LGBT students.

“For those of us who work in education policy our focus is making the education case for these bills,” said Eliza Byard, executive director of the Gay, Lesbian and Straight Education Network, known as GLSEN.

“And unfortunately we’re doing that now in a context where recent tragedies have made the cost of not acting absolutely clear to everyone,” Byard said.

She was referring to the September suicides of four gay youths ranging in age from 11 to 18 that authorities and family members said followed unrelenting bullying and harassment of three of the teens by their middle school or high school classmates.

The fourth youth, 18-year-old Tyler Clementi of New Jersey, jumped to his death from the George Washington Bridge.

Clementi, a freshman at Rutgers University, apparently became distraught when his roommate planted a video camera in his dorm room without his knowledge that captured him in a sexual encounter with another male. The roommate broadcast the encounter live over the Internet.

The Safe Schools Improvement Act, which was introduced in the House in May 2009 and in the Senate in August of this year, would require school districts receiving federal funds to adopt policies prohibiting bullying and harassment. The policies must apply to bullying and harassment targeting people on the basis of sexual orientation and gender identity as well as other categories such as race, religion, gender and ethnicity.

Rep. Linda Sanchez (D-Calif.) introduced the bill in the House, where 125 members signed on as co-sponsors. Six of the 125 are Republicans. Sen. Robert Casey (D-Pa.) introduced the bill in the Senate, where 12 senators — 11 Democrats and one independent — signed on as co-sponsors.

In January of this year, Rep. Jared Polis (D-Colo.), who is gay, introduced into the House the Student Non-Discrimination Act. The bill would prohibit sexual orientation or gender identity related discrimination against students in public schools that receive federal funding.

“For the purpose of this act, discrimination includes, but is not limited to, harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated,” the bill states.

The bill also allows an “aggrieved individual” to take legal action in a judicial proceeding to seek enforcement of the bill’s provisions barring sexual orientation or gender identity discrimination. It says the party taking legal action could be awarded compensatory damages and reimbursement of court costs for filing such an action.

In May, Sen. Al Franken (D-Minn.) introduced an identical version of the bill in the Senate. Twenty-five senators, 24 Democrats and one independent, signed on as co-sponsors. The House version of the bill pulled in 125 co-sponsors, 123 Democrats and two Republicans.

Both the Safe Schools Improvement Act and the Student Non-Discrimination Act have been referred to the House and Senate education committees.

Lara Cottingham, a spokesperson for Polis, said the congressman was hopeful that a legislative hearing on the Student Non-Discrimination Act would be held next year. She said no date has been set.

“Every day, students who are, or are perceived to be, lesbian, gay, bisexual, or transgender (LGBT) are subjected to pervasive discrimination, including harassment, bullying, intimidation and violence, which is harmful to both students and our education system,” Polis said in a statement at the time he introduced the bill.

“While civil rights protections expressly address discrimination on the basis of race, color, sex, religion, disability or national origin, they do not explicitly include sexual orientation or gender identity and, as a result, LGBT students and parents have often had limited legal recourse for this kind of discrimination,” he said.

“The Student Non-Discrimination Act establishes a comprehensive federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity and provides victims with meaningful and effective remedies, modeled after Title IX,” he said.

Lautenberg announced last week that he plans to introduce an anti-bullying bill covering colleges and universities when Congress returns from its recess in November. He made the announcement on the Rutgers University campus in New Brunswick, N.J., during a forum called to discuss issues surrounding the suicide of Clementi.

He said his bill would require colleges and universities receiving federal funds to adopt a code of conduct that prohibits harassment and bullying. He said the bill would also call on colleges and universities to put in place procedures for addressing complaints about harassment and bullying and would provide federal grants to fund college programs aimed at preventing harassment and bullying.

Byard of GLSEN said studies show that LGBT students enrolled in schools that have adopted anti-bully and harassment policies are less likely to encounter bullying.

“LGBT students in a school with such a policy in place are less likely to be victimized themselves, are more likely to report that faculty actually intervened when things happen, and are themselves more likely to be in a better place in terms of their own well being and their future educational aspirations,” she said.

Most, but not all, D.C. area senators and House members have signed on as co-sponsors for the Student Non-Discrimination Act. Co-sponsors include Congressional Del. Eleanor Holmes Norton (D-D.C.), Reps. Chris Van Hollen (D-Md.) and Jim Moran (D-Va.), Sens. Barbara Mikulski (D-Md.), and Sen. Benjamin Cardin (D-Md.).

Reps. Donna Edwards (D-Md.) and Frank Wolf (D-Va.), and Sens. Mark Warner (D-Va.) and Jim Webb (D-Va.) have not signed on as co-sponsors of the bill.

Cardin, Moran and Norton are the only D.C. area members of Congress that became co-sponsors of the Safe Schools Improvement Act.

Rep. Steny Hoyer (D-Md.), the House Majority Leader, doesn’t co-sponsor bills according to a longstanding practice of House members who hold the posts of Majority Leader and Speaker of the House.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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