National
White House hosts anti-bullying conference
Obama unveils stopbullying.gov as resource to address harassment
President Obama speaks at anti-bullying conference (Blade photo by Michael Key)
President Obama on Thursday opened the doors of the White House to anti-bullying advocates for a conference in which participants discussed harassment of students and devised strategies to curtail bullying.
In remarks starting off the conference, Obama said if the conference had one goal, it would be dispel the myth that bullying is “a harmless rite of passage or an inevitable part of growing up.”
“It’s not,” he said. “Bullying can have destructive consequences for our young people. And it’s not something we have to accept. As parents and students, as teachers and members of the community, we can take steps — all of us — to help prevent bullying and create a climate in our schools in which all of our children can feel safe; a climate in which they all can feel like they belong.”
The conference, in which around 150 students, parents, teachers and anti-bullying advocates participated, wasn’t specifically directed toward the bullying of LGBT students, although harassment of children because of their sexual orientation or gender identity was often mentioned.
Bullying against LGBT students received renewed attention late last year when several young men who were gay or perceived to be gay took their own lives after they were reportedly bullied. Among them was Tyler Clementi, a Rutgers University student, who leaped off the George Washington Bridge in September after a video was posted online of him reportedly having a sexual encounter with another man in his dorm room.
During his remarks, Obama noted that students who are gay are among the types of children who often face bullying at school.
“A third of middle school and high school students have reported being bullied during the school year,” Obama said. “Almost 3 million students have said they were pushed, shoved, tripped, even spit on. It’s also more likely to affect kids that are seen as different, whether it’s because of the color of their skin, the clothes they wear, the disability they may have, or sexual orientation.”
Obama also announced that his administration had launched a new website, stopbullying.gov, as a resource housed within the Department of Health & Human Services for parents, students and teachers on how to confront the issue of bullying in schools. The website is set to provide information on the risks of bullying and its warning signs and effects.
President Obama and First Lady Michelle Obama (Blade photo by Michael Key)
First lady Michelle Obama, who introduced the president at the start of the event, said the issue of bullying is personal for both her and her hisband because of their concern for their two daughters: Malia and Sasha.
“As parents, this issue really hits home for us,” she said. “As parents, it breaks our hearts to think that any child feels afraid every day in the classroom, or on the playground, or even online. It breaks our hearts to think about any parent losing a child to bullying, or just wondering whether their kids will be safe when they leave for school in the morning.”
Michelle Obama urged parents “to make a real effort to be engaged in our children’s lives” and to listen to them and be there when needed.
“We need to get involved in their schools and in their activities so that we know what they’re up to, both in and out of the classroom,” she said. “And when something is wrong, we need to speak up, and we need to take action.”
Following the president remarks, Valerie Jarrett, senior adviser to the president, led a panel discussion of anti-bullying experts to discuss ways that parents, administrators and government officials can work to curtail harassment of students.
Points that were mentioned included recommending that parents be friends with their children on Facebook for oversight purposes and how the behavior of those who perpetuate bullying must also be addressed as part of anti-bullying efforts.
After the panel, conference participants split into five break-out sessions for more extensive debate on particular issues related to bullying. Topics of the breakout session included cyberbullying and in-school programs to confront bullying.
Top Obama administration officials during a wrap-up session at the close of the conference emphasized the support that anti-bullying advocates have in the White House.
Education Secretary Arne Duncan announced a new initiative — a technical assistance center — which would specifically address harassment to complement anti-bullying efforts that are already underway.
“By trying to highlight these best practices, we will state and local policy makers and educators work to keep children safe and provide the best learning environment for all students,” Duncan said. “We can provide support, which is why I’m happy to announce today our department’s intention to establish a new technical assistance center specifically dedicated to bullying prevention.”
Secretary of Health & Human Services Kathleen Sebelius urged teachers and others to speak out when anti-gay slurs are used in schools.
“Building safe neighborhoods and schools where young people can thrive is a job for all of us,” Sebelius said. “It means speaking out next time you hear a homophobic slur, stepping in when you see someone being preyed upon and letting your local education leaders — from principals to schools — know that bullying is not an isolated part of growing up. It’s a serious danger for all of our children.”
Participants had a largely positive reaction to the event and thought it was productive in devising strategies to thwart bullying.
In a statement, Jeff Krehely, director of the LGBT research and communications project at the Center for American Progress, said the conference “put a national spotlight” on bullying and its potentially “destructive impact.”
“Although the event is born out of tragedies, the conference will hopefully spark a robust national discussion about what we can all do to stop this problem,” Krehely said. “With an increase in bullying and full-on assaults on youth who are perceived to be gay or transgender, as well as those who are perceived to be Muslim, now is the right time to show leadership on this issue.”
Caleb Laiseki, executive director of the Arizona-based Gays & Lesbians United Against Discrimination, said the conference was “much more productive” than he expected.
“I’m coming from Arizona, and Arizona can’t even pass the anti-bullying bill through committee, so I was extremely happy to see the White House was very dedicated to this,” Laiseki said.
Laiseki, who’s 16 and gay, dropped out of high school after he was bullied because of his sexual orientation and completed his education by earning a general equivalency diploma. He founded GLUAD to help address the problems he faced in school.
“The reason I started the organization was because I was pushed into lockers and humiliated,” he said. “I received death threats [and was] followed home. It was just one thing after another. And I also had friend commit suicide after several attempts. So, the main goal of GLAUD is homelessness, suicide prevention and anti-bullying work.”
Laiseki attended the breakout session focused on cyber-bullying and said he proposed that law enforcements have the tools to intervene immediately when such harassment takes place.
“We can immediately track down the [Internet protocol] address and go from there,” Laiseki said. “And both of the representatives [from the Obama administration] were in agreement. And we took notes actually and discussed it for at least one-third of the meeting.”
Dan Savage (Blade photo by Michael Key)
Dan Savage, founder of the “It Gets Better” online video campaign aimed at helping troubled LGBT teens, said the conference was of “tremendous symbolic importance” because it identified bullying as a national problem, but said more could be done with the issue of parents being the bullies of LGBT youth.
“What was never addressed is when the parents are the bullies,” Savage said. “LGBT kids whose parents reject them are eight times likelier to attempt suicide; kids who are LGBT are four times. It literally doubles the risk of the already quadrupled risk of suicide for LGBT kids when their families reject them.”
Legislation pending before Congress known as the Student Non-Discrimination Act and the Safe Schools Improvement Act would address the issue of LGBT bullying of students in schools. Savage, who’s gay and also a sex-advice columnist, said the passage of this legislation would be effective.
“It puts schools on notice,” Savage said. “It establishes a national sense of accountability. Schools are reactive. They don’t like to be sued. They don’t like to get in trouble with the folks that pay the bills — at the federal or state level — and it really creates a way for school administrators and school boards to be held accountable.”
Shannon Cuttle, director of Safe Schools Action Network, said she felt the event was effective because it drew more attention to the issue of bullying.
“I think that anytime that you can collectively get a group of people to work in collaboration to try to discuss this issue, it’s going to put a dent in the issue,” Cuttle said. “Today is making the right step. Being able to bring people from across America — teachers, administrators, individuals and students — that’s key.”
But Cuttle, a lesbian D.C. activist, said the best way to address the issue of bullying in schools to confront harassment with “boots on the ground.”
“We have to be able to go into the schools, we have to have conversations and we have to be able to discuss the issue,” she said. “We have to be able to have those honest, open conversations with teachers and school administrators, and as parents and students, we need to talk to our school boards and local officials and be able to put rules and policies in place to keep kids safe.”
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.”
Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.
The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.
According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.
The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.
The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.
The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.
“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”
“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”
After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”
The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.
LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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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.
United Methodist Church removes 40-year ban on gay clergy
Republican state AGs challenge Biden administration’s revised Title IX policies
University students have a right to protest
Former CAMP Rehoboth official sentenced to nine months in prison
Christian Siriano to serve as grand marshal of Annapolis Pride Parade
Md. governor signs Freedom to Read Act
HHS reverses Trump-era anti-LGBTQ rule
4th Circuit rules gender identity is a protected characteristic
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