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Gates working to implement ‘Don’t Ask’ repeal

No timeline, but ‘this is high on his agenda’

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Senior Defense Department officials are already working toward implementing “Don’t Ask, Don’t Tell” repeal, according to the Pentagon.

“This is high on [Defense Secretary Robert Gates’] agenda, and his senior staff is focused on it this week,” said Eileen Lainez, a Pentagon spokesperson, via e-mail to the Blade.

On Dec. 22, President Obama signed legislation allowing for repeal of the 17-year-old law banning open gays from serving in the U.S. military.

But repeal won’t take effect until the president, the defense secretary and the chairman of the Joint Chiefs of Staff issue certification that the armed forces are ready for an end to “Don’t Ask, Don’t Tell.” There is no set time for when this certification would take place, and the Obama administration hasn’t issued a timetable for when it might happen.

Additionally, after certification is issued, a 60-day waiting period for congressional review must take place before gays can serve openly in the U.S. military without fear of discharge.

Lainez said Undersecretary of Defense for Personnel and Readiness Clifford Stanley is working with the military service branches, the Joint Chiefs of Staff and the combatant commands throughout the process for repeal.

“Planning for successful repeal includes reviewing and revising policies and directives, establishing education and training materials, developing integrated communication plans and obtaining feedback throughout the process,” Lainez said.

Capt. John Kirby, spokesperson for Chairman of the Joint Chiefs of Staff Adm. Mike Mullen, said the Pentagon is working through issues of implementation and certification. He said no final decisions have been made and he couldn’t offer further comment about Mullen’s plan for issuing certification.

A White House spokesperson deferred comment to the Defense Department on questions for when the president would issue certification. In an interview last month with the Advocate, President Obama predicted that certification for repeal would happen in “a matter of months.”

Aaron Belkin, director of the Palm Center, said implementation of “Don’t Ask, Don’t Tell” repeal shouldn’t be a long process because the Pentagon already established a policy to allow gays to serve openly in the military when a California federal court in October issued an injunction that temporarily enjoined enforcement of the law.

“Although they haven’t acknowledged this in public, the replacement regulations have already been written, and so the Pentagon could easily repeal the ban today if there was the political will,” Belkin said.

Belkin said lessons learned from foreign countries that have lifted their bans on gays in the military show two things are necessary for repeal: strong leadership and a set of rules that apply to everyone without mentioning sexual orientation.

“The commander-in-chief has said the policy hurts the military and research has also shown that there’s no advantage to the policy and that it’s easy to change,” Belkin said.

Michael Cole-Schwartz, a Human Rights Campaign spokesperson, said his organization foresees a similarly expeditious path for implementing repeal.

“President Obama, in his public statement and in his commitments to us, has said that he does not want this to be a drawn out process,” Cole-Schwartz said. “Our advocacy for the Pentagon and the White House is going to be for them to keep that commitment.”

Belkin said he suspects opposition to repeal from some military service chiefs — Army Chief of Staff Gen. George Casey, Marine Corps Commandant Gen. James Amos and Air Force Chief of Staff Gen. Norton Schwartz — could slow the process for certification. Chief of Naval Operations Adm. Gary Roughead has said he supports repeal.

“Casey in particular is leaving soon and doesn’t want to be known as the Army chief of staff who let gays in on his watch,” Belkin said. “The foot-dragging is not about some sincere or legitimate sense that the troops need to be trained on how to deal with gays; it’s because they don’t want to be around when the policy happens.”

One lingering question about certification is whether Gates would remain in his role as defense secretary when certification takes place. The defense secretary has said he intends to retire sometime this year, although the specific date hasn’t yet been announced.

Belkin said he doesn’t think Gates would retire as defense secretary before he certifies repeal as “a matter of personal, professional pride for him to get this done on his watch.”

“It’s hard for me to believe that he will walk away from the process without finishing it,” Belkin said. “That’s not because I know anything from the inside, but just kind of triangulating the little pieces of insight here and there.”

Gates has said he wouldn’t certify repeal until training for open service has been implemented and he feels the service chiefs are comfortable moving forward.

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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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