National
Gibbs unaware of outreach to change Senate ‘Don’t Ask’ votes
W.H. spokesperson touts meeting as part of path to end law
White House Press Secretary Robert Gibbs said Tuesday he’s unaware of any outreach the president has done in the Senate to advance “Don’t Ask, Don’t Tell” repeal. But he touted an upcoming meeting with LGBT advocates as evidence of the president’s desire to end the military’s gay ban.
Asked by the Washington Blade whether the president has made any outreach attempts to encourage senators who voted “no” on moving forward with repeal to vote “yes” a second time around, Gibbs replied that no such outreach has taken place to his knowledge.
Still, Gibbs acknowledged that the only way the Senate could move forward with the fiscal year 2011 defense authorization bill — to which repeal language is attached — is to change some of those votes.
“To my knowledge, it hasn’t taken place yet, but, look, the only way we’re going to get something through the Senate is to change the vote count,” Gibbs said.
The White House spokesperson noted there is “a promised filibuster” in moving forward with “Don’t Ask, Don’t Tell” repeal in the lame duck session. Sen. John McCain (R-Ariz.) has pledged to renew his objection to moving forward with the bill should it come up again this year.
“You’re going to have to get past a promised filibuster in moving to the bill,” Gibbs said. “And certainly, the only way we can move to that bill is to change some of those votes.”
Sources have told the Blade that a meeting is scheduled to take place on Tuesday between White House officials and repeal advocates. Gibbs said he expects the officials in attendance will express the same commitments that he has made regarding the president’s pledge to ending “Don’t Ask, Don’t Tell.”
“The president wants the defense authorization act and that repeal passed,” Gibbs said. “That is the basis for the meeting today and I think the president and the administration have committed to working to see that through.”
The White House press secretary also addressed a recently leaked e-mail stating that any discussion of pending litigation on “Don’t Ask, Don’t Tell” would prompt administration officials to terminate the meeting. Gibbs noted some participants in the lawsuit are plaintiffs in Log Cabin v. United States.
“I don’t think either side believes that those type of conversations about the litigation between two parties represented in a lawsuit is appropriate,” Gibbs said.
Asked about any contingency plan for ending “Don’t Ask, Don’t Tell” in the event the Senate is unable to pass repeal, such as issuing a stop-loss order, Gibbs replied that the White House is “focused on an endurable repeal of a law that the president thinks is unjust.”
Gibbs also said he couldn’t immediately say whether the White House or repeal advocates initiated the meeting.
Additionally, Gibbs added it is the “hope” of the White House that Congress can still pass “Don’t Ask, Don’t Tell” repeal regardless of what happens on Election Day. Pundits expect Democrats to sustain to heavy losses and lose control of the House.
“We’re approaching the beginning of December, which is when the Pentagon’s study of implementation and of the attitudes of the military will be complete,” Gibbs said. “The president believes — continues to believe that this is a law that — the end of this law — the time for the end of this law has come.”
Both the Blade and The Advocate questioned Gibbs on “Don’t Ask, Don’t Tell” during the news conference. A transcript of the exchange follows:
Blade: Robert, on “Don’t Ask, Don’t Tell,” I understand a meeting is taking place today with — between the White House and repeal advocates. What commitments is the White House going to be offering during this meeting in the effort to repeal the law?
Gibbs: Well, the same — likely the same commitments that I have enumerated in here, and that is our desire to see the defense authorization bill pending before the Senate taken up. That includes a repeal of “Don’t Ask, Don’t Tell” as the House has already voted on. The president wants the defense authorization act and that repeal passed. That is the basis for the meeting today and I think the president and the administration have committed to working to see that through.
Blade: I want to follow up on that. Is among the commitments — is among the commitments reaching out to senators who may have voted “no” in September to get them to change their votes to vote “yes” in lame duck. Has that taken place yet?
Gibbs: No, to my know — to my knowledge, it hasn’t taken place yet, but, look, the only way we’re going to get something through the Senate is to change the vote count and to move past — look, you’ve got to get — you’re going to have to get past a promised filibuster in moving to the bill. And certainly, the only way we can move to that bill is to change some of those votes.
Blade: It’s been reported that any discussion of litigation on “Don’t Ask, Don’t Tell” during this meeting would terminate the discussion. Why is that?
Gibbs: …Again, understand that some of the participants in the meeting are with groups that are in litigation as a plaintiff where the United States government is the defendant. I don’t think either side believes that those type of conversations about the litigation between two parties represented in a lawsuit is appropriate.
Blade: Who initiated the meeting? You or them?
Gibbs: I don’t know the answer to that at this point.
Blade: Just one last question: is the president … expecting repeal legislation on his desk by the end of this year regardless of what happens at the polls next week?
Gibbs: That’s our hope. Again, our desire and our hope and the president’s commitment is that he will work to see this past. This is — look, we’re approaching the beginning of December, which is when the Pentagon’s study of implementation and of the attitudes of the military will be complete, and the president believes – continues to believe that this is a law that — the end of this law – the time for the end of this law has come.
The courts are signaling that, and certainly it’s been his political belief going back when I met him in 2004 — that was his position.
Advocate: Any sense of what that report looks like? Has anyone in the White House had a chance to see some of the [pre-runs] of that — the DOD report?
Gibbs: Not to my knowledge. The last time I was — I heard about this and nobody in his building had seen that.
Advocate: In terms of contingency planning, I know this is your favorite subject, but, look, there’s a very real possibility this doesn’t go through. I know you guys want it to. I know that’s the meeting today, but if it doesn’t go through, is something like stop-loss on the table? [It’s] perfectly within the president’s authority, by the way, in a time of war.
Gibbs: I think that, look, you’ve seen steps that have been taken over the past several days at the Pentagon involving service secretaries, you have a sitting chair of the Joint Chiefs who believes it’s time for this law to end [and] the president working closely with the secretary to make that happen. Our efforts in the short term will be focused on an endurable repeal of a law that the president thinks is unjust — and that’s where our focus will be.
Watch the video of the exchange here:
Florida
Homeless transgender woman murdered in Miami Beach
Andrea Doria Dos Passos attacked while she slept
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.
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.”
Federal Government
HHS reverses Trump-era anti-LGBTQ rule
Section 1557 of the Affordable Care Act now protects LGBTQ people
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.”
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administration last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.”
Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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