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LGBT non-discrimination rules proposed for housing

Obama administration vows strict enforcement in federal programs

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Shaun Donovan (Blade photo by Michael Key)

The U.S. Department of Housing and Urban Development proposed a new rule Thursday that would prohibit discrimination based on sexual orientation and gender identity in federally funded and federally regulated housing programs.

HUD Secretary Shaun Donovan, speaking on behalf of President Obama, said the sweeping new rule would cover a wide range of programs serving millions of Americans, including low-income subsidized housing and Federal Housing Administration (FHA) mortgage insurance programs.

“This is a fundamental issue of fairness,” Donovan said. “With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

HUD officials said that under standard rulemaking procedures, the proposed rule will be published in the Federal Register and open for public comment during a 60-day comment period. After that, the administration expects to finalize and fine-tune the rule and put it into effect, HUD officials said.

In a statement released Thursday, HUD said the proposed rule includes these main elements:

*It prohibits lenders from “using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.”

*It clarifies that “families” that are otherwise eligible for HUD programs, “may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such a relationship.”

*It prohibits owners and operators of HUD-assisted housing or housing whose financing is insured by HUD “from inquiring about the sexual orientation or gender identity of an application for, or occupant of, the dwelling, whether renter or owner-occupied. “

The HUD statement says the agency “is proposing to institute this policy in its rental assistance and home ownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.”

In a telephone news conference, Donovan said the new rule also requires applicants seeking federal housing grants for a wide range of housing programs to comply with state and local anti-discrimination laws that protect LGBT people in 21 states. He said the protections under this provision would cover 43 percent of the U.S. population.

He said HUD was also conducting a first-ever national study of discrimination against LGBT people in the rental and sale of housing. He said the study broadens HUD’s existing studies that regularly measure housing discrimination based on race.

Donovan and Deputy HUD Secretary Neil Coleman said HUD carefully reviewed various federal housing laws to determine where HUD could intervene to bar sexual orientation and gender identity discrimination under existing law.

The Employment Non-Discrimination Act (ENDA), an LGBT civil rights bill that has been stalled in Congress for nearly 20 years, does not include protections for housing related discrimination.

LGBT supportive members of Congress and mainline LGBT advocacy groups in Washington, like the Human Rights Campaign, have said an incremental approach of pushing first for legislation limited to employment protection represents the best way to achieve approval of such legislation.

Some LGBT activists have called for the immediate introduction of a broader LGBT civil rights bill that covers housing, public accommodations and other areas in addition to employment. So far, no lawmaker as introduced such a bill.

Most political observers say no LGBT supportive legislation is expected to emerge from Congress over the next two years because the Republican controlled House of Representatives would block the legislation.

HRC praised HUD’s proposed rule on LGBT housing discrimination. In a statement, it said the rule touches on some of the proposals in a package of 70 recommendations it submitted to the Obama administration two years ago aimed at improving the lives of LGBT people through executive action rather than legislation.

“The policies proposed today will help some of the most vulnerable people in our community and the nationwide survey will finally shed light on the discrimination LGBT people face every day in trying to make homes for themselves and their families,” HRC president Joe Solmonese said.

“Since the administration began, HRC staff have met and communicated with numerous federal agencies on how to implement these polices,” the HRC statement says. “Addressing discrimination in federal housing programs was part of HRC’s recommendations for HUD.”

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State Department

State Department hosts intersex activists from around the world

Group met with policy makers, health officials, NGOs

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The State Department last week hosted a group of intersex activists from around the world. (Courtesy photo)

The State Department last week hosted five intersex activists from around the world.

Kimberly Zieselman, a prominent intersex activist who advises Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, brought the activists to D.C.

• Morgan Carpenter, co-founder and executive director of Intersex Human Rights Australia

• Natasha Jiménez, an intersex activist from Costa Rica who is the general coordinator of Mulabi, the Latin American Space for Sexualities and Rights

• Julius Kaggwa, founder of the Support Initiative for People with Atypical Sex Development Uganda

• Magda Rakita, co-founder and executive director of Fujdacja Interakcja in Poland and co-founder of Interconnected UK

• Esan Regmi, co-founder and executive director of the Campaign for Change in Nepal.

Special U.S. Envoy for Global Youth Issues Abby Finkenauer and Assistant Health Secretary Rachel Levine are among the officials with whom the activists met.

Zieselman told the Washington Blade on Sept. 21 the activists offered State Department officials an “intersex 101” overview during a virtual briefing.

More than 60 Save the Children staffers from around the world participated in another virtual briefing. Zieselman noted the activists also met with Stern, U.N. and Organization of American States officials, funders and NGO representatives while in D.C.

“The people we met were genuinely interested,” Rakita told the Blade.

Stern in an exclusive statement to the Blade said “the visiting intersex activists clearly had an impact here at State, sharing their expertise and lived experience highlighting the urgency to end human rights abuses, including those involving harmful medical practices against intersex persons globally.” Andrew Gleason, senior director for gender equality and social justice at Save the Children US, in a LinkedIn post he wrote after attending his organization’s meeting with the activists echoed Stern.

“There are many learnings to recount from today’s discussion, but one thing is clear, this is unequivocally a child rights issue, and one that demands attention and action at the intersection of LGBTQI+ rights, reproductive rights and justice, disability justice and more,” wrote Gleason. “Gratitude to the panelists for sharing such poignant testimonies and providing insights into what organizations like ours can do to contribute to the broader intersex movement; and thank you to Kimberly for your leadership and bringing this group together.”

The activists’ trip to D.C. coincided with efforts to end so-called sex “normalization” surgeries on intersex children.

Greek lawmakers in July passed a law that bans such procedures on children under 15 unless they offer their consent or a court allows them to happen. Doctors who violate the statute face fines and prison.

Germany Iceland, Malta, Portugal and Spain have also enacted laws that seek to protect intersex youth. 

A law that grants equal rights and legal recognition to intersex people in Kenya took effect in July 2022. Lawmakers in the Australian Capital Territory earlier this year passed the Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023.

Intersex Human Rights Australia notes the law implements “mechanisms to regulate non-urgent medical care to encourage child participation in medical decisions, establish groundbreaking oversight mechanisms and provide transparency on medical practices and decision making.” It further points out the statute “will criminalize some deferrable procedures that permanently alter the sex characteristics of children” and provides “funding for necessary psychosocial supports for families and children.”

“It’s amazing,” Carpenter told the Blade when discussing the law and resistance to it. “It’s not perfect. There was some big gaps, but physicians are resisting every step of the way.”

The State Department in April 2022 began to issue passports with an “X” gender marker.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

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Federal Government

Federal government prepares for looming shutdown

White House warns of ‘damaging impacts across the country’

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U.S. Capitol Building (Washington Blade photo by Michael Key)

However remote they were on Monday, odds of avoiding a government shutdown were narrowed by Thursday evening as House Republicans continued debate over their hyper-partisan appropriations bills that stand no chance of passage by the Upper Chamber.

As lawmakers in the Democratic controlled Senate forged ahead with a bipartisan stop-gap spending measure that House GOP leadership had vowed to reject, the federal government began bracing for operations to grind to a halt on October 1.

This would mean hundreds of thousands of workers are furloughed as more than 100 agencies from the State Department to the Advisory Council on Historic Preservation roll out contingency plans maintained by the White House Office of Management and Budget. On Thursday the Office of Personnel Management sent out memos to all agencies instructing them to ready for a shutdown on Sunday.

Before 1980, operations would continue per usual in cases where Congress failed to break an impasse over spending, as lapses in funding tended to last only a few days before lawmakers brokered a deal.

Since then, the government has shut down more than a dozen times and the duration has tended to become longer and longer.

“Across the United States, local news outlets are reporting on the harmful impacts a potential government shutdown would have on American families,” the White House wrote in a release on Thursday featuring a roundup of reporting on how the public might be affected.

“With just days left before the end of the fiscal year, extreme House Republicans are playing partisan games with peoples’ lives and marching our country toward a government shutdown that would have damaging impacts across the country,” the White House said.

The nature and extent of that damage will depend on factors including how long the impasse lasts, but the Biden-Harris administration has warned of some consequences the American public is likely to face.

Transportation Secretary Pete Buttigieg, for example, warned: “There is no good time for a government shutdown, but this is a particularly bad time for a government shutdown, especially when it comes to transportation.”

Amid the shortage of air traffic controllers and efforts to modernize aviation technology to mitigate flight delays and cancellations, a government shutdown threatens to “make air travel even worse,” as Business Insider wrote in a headline Thursday.

Democratic lawmakers including California Congresswoman Barbara Lee and Maxine Waters, meanwhile, have sounded the alarm in recent weeks over the consequences for the global fight against AIDS amid the looming expiration, on Oct. 1, of funding for PEPFAR, the President’s Emergency Plan for AIDS Relief.

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Federal Government

QAnon follower pleads guilty to threatening member of Congress

Conspiracy movement claims Satan-worshipping pedophiles secretly rule the world

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QAnon banner at a pro-gun rally in Richmond, Va., in 2020. (YouTube screenshot from Anthony Crider)

A New Mexico man has entered a plea deal after being charged with a federal criminal complaint of making threats through interstate communications directed at a member of Congress.

Federal prosecutors charged Michael David Fox, a resident of Doña Ana County, for calling the Houston district office of an unnamed member of Congress on or about May 18, 2023, and uttering threats that included knowingly threatening to kill an active member of Congress.

The plea agreement was brought before U.S. Magistrate Judge Damian L. Martinez of U.S. District Court in New Mexico in the Las Cruces by Fox’s attorney from the Federal Public Defender’s Office in August.

According to the criminal complaint as outlined by a Federal Bureau of Investigation criminal investigator for the Albuquerque Field Office, Las Cruces Resident Agency, on May 18 at approximately 9:04 p.m. Fox called the office of a congresswoman for the District of Texas, U.S. House of Representatives (Victim One/”V1″), who is from Houston. The call was received by V1’s office.

In the phone call Fox stated “Hey [Vl], you’re a man. It’s official. You’re literally a tranny and a pedophile, and I’m going to put a bullet in your fucking face. You mother fucking satanic cock smoking son of a whore. You understand me you fucker?” 

Law enforcement was able to trace the call back to Las Cruces, N.M., and it was believed that Fox was the user of cell phone account used to make the call. According to the FBI agents who interviewed Fox, he admitted to making the call.

Fox acknowledged that the threat was direct but claimed that he did not own any guns. Fox
claimed to be a member of the Q2 Truth Movement, the Q Movement. Fox explained these
movements believe all over the world there were transgender individuals running
governments, kingdoms and corporations. 

Fox told the FBI that there is a plan called “Q the Plan to Save the World” which he learned about from an online video. Fox claimed that he believed Q was going to engage in the “eradication” of the people who were causing all the world’s misery. He believed that part of the eradication had already happened.

Fox explained that he had run Vl’s skull features through forensic analysis and determined
that Vl was born male and is now trans. Fox discussed his military service with the
U.S. Air Force, “Q the Plan to Save the World,” and how God communicates using
numbers. 

Fox continued to reiterate several different types of conspiracy theories indicating
extreme far right ideologies as his explanation for why he conducted the phone call to
threaten V1.

According to the FBI, Fox rescinded his threat against Vl and apologized. Fox claimed he was not intoxicated or under the influence of drugs when he made the call. Fox stated he understood how Vl would feel threatened by his phone call, and he acknowledged that anyone he knew or cared about would also be concerned with such a threat.

The charge of interstate threatening communications carries a maximum penalty of five years in federal prison.

QAnon began in 2017, when a mysterious figure named “Q” started posting on the online message board 4chan, claiming to have inside access to government secrets. Since then, QAnon has grown into a conspiracy movement that claims Satan-worshipping pedophiles secretly rule the world. It is claimed by QAnon adherents that former President Donald Trump is the only person who can defeat them. 

Brooklyn, N.Y.-based journalist Ana Valens, a reporter specializing in queer internet culture, online censorship and sex workers’ rights noted that Fox appears to be a “transvestigator.” Valens noted that the transvestigation conspiracy theory is a fringe movement within QAnon that claims the world is primarily run by trans people. Phrenological analysis is common among transvestigators, with a prominent focus on analyzing celebrities for proof that they are trans.

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