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Advocates push Obama on education reform

Seeking bipartisan support for pro-LGBT changes

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President Obama addresses attendees at anti-bullying conference (Blade photo by Michael Key).

LGBT rights supporters are pushing for the inclusion of student anti-bullying and non-discrimination measures as part of upcoming education reform legislation as observers say bipartisan support and pressure from the White House are needed to ensure they’re included in any larger vehicle that makes it to President Obama’s desk.

Obama has identified reauthorization of the Elementary & Secondary Education Act, updated during the Bush administration as No Child Left Behind, during his State of the Union address as among his priorities for the 112th Congress and has been touring the country with education leaders — including Education Secretary Arne Duncan — to make the case for education reform.

Last week during a speech before Kenmore Middle School students in Arlington, Va., Obama noted support for updating No Child Left Behind in Congress and called on lawmakers to send him education reform legislation before the next school year begins in the fall.

“I am proud of the commitment by Democrats and Republicans in Congress to fix No Child Left Behind, to make this reform a reality — because they recognize education is an area where we can’t afford to drag our feet,” Obama said. “As Arne says, our kids only get one shot at an education, and we’ve got to get it right.”

Whether the 112th Congress can reauthorize No Child Left Behind remains in question as the leaders in the Republican-controlled House and the Democratic-controlled Senate differ on what reform should look like. Even if passage can happen, many political observers have said Obama’s goal of passing education reform by end of summer is unrealistic.

Components of education reform that Obama has enumerated support for include implementing an accountability system that shares responsibility for improvement and rewards excellence; having a flexible system that empowers school administrators and teachers; and having a system that targets resources to persistently low-performing schools and ensures the most effective teachers serve students most in need.

But LGBT rights supporters are looking to No Child Left Behind reauthorization as as a vehicle to pass various bills pending before Congress that aim to combat bullying and discrimination against LGBT students.

In the Senate, Sen. Bob Casey (D-Pa.) sponsors the Safe Schools Improvement Act, an anti-bullying measure, which, among other things, would require public schools to establish codes of conduct explicitly prohibiting bullying and harassment. Rep. Linda Sanchez (D-Calif.) is expected to introduce companion legislation in the House.

Similar legislation that aims to help LGBT students is the Student Non-Discrimination Act. Introduced by gay lawmaker Rep. Jared Polis (D-Colo.) in the House and Sen. Al Franken (D-Minn.) in the Senate, the legislation prohibits public schools and school programs from discriminating against LGBT students.

Additionally, the Tyler Clementi Higher Education Anti-Harassment Act — sponsored by Sen. Frank Lautenberg (D-N.J.) in the Senate and Rep. Rush Holt (D-N.J.) in the House — would require colleges to establish policies against harassment.

The bill is named after 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. However, this legislation has a lower profile than either the Safe Schools Improvement Act or the Student Non-Discrimination Act.

LGBT advocates working to advance these measures say talks are already taking place on Capitol Hill to include them as part of No Child Left Behind reauthorization as discussions begin over passage of the larger vehicle.

Shawn Gaylord, director of public policy for Gay, Lesbian & Straight Education Network, confirmed talks have already started on including pro-LGBT measures as part of education reform.

“We and other groups have been talking to committee staff for quite a while about that possibility,” Gaylord said. “Throughout this Congress, we’ve been talking to committee staff and making sure they were aware of our hope of getting legislation included in ESEA reauthorization.”

Gaylord said he’s “hopeful” that the pro-LGBT measures will be integrated as part of No Child Left Behind reauthorization. In 2007, when Congress was undertaking a previous attempt to enact education reform, Gaylord said nearly the entire Safe Schools Improvement Act was included in the discussion drafts of Elementary & Secondary Act reauthorization.

“So there’s precedent for it,” Gaylord said. “To deal with issues of bullying or discrimination — it’s not as if that’s not what ESEA reauthorization would cover.”

A Republican strategist familiar with education reform, who spoke on condition of anonymity, said it’s too early to tell whether education reform — LGBT-inclusive or otherwise — can make it to the president’s desk during this Congress, but expressed optimism about the effort.

“The good thing is that, obviously, Republicans and Democrats haven’t been agreeing on too much lately, but the one area where folks think there is a real chance for them to come to agreement is on education and what to do with No Child Left Behind reauthorization,” the strategist said. “If anything can get bipartisan support and get done this year, it’s probably that.”

With Republicans in control of the House and a Democratic majority in the Senate, observers maintain that bipartisan agreement on inclusion of the pro-LGBT measures is necessary for them to stay on as a component of the larger bill.

One LGBT rights advocate, who spoke on condition of anonymity, said staffers on the Senate HELP Committee have indicated that passage of No Child Left Behind reauthorization with LGBT inclusion will depend on support from lawmakers on both sides of the aisle.

“I would say that they are hopeful, but realistic that the likelihood is almost entirely dependent on a bipartisan effort,” the source said.

A spokesperson for House Speaker John Boehner (R-Ohio) deferred comment on the issue to the House Education & Workforce Committee, which didn’t respond to the Washington Blade’s request for comment.

On the Senate side, Tom Harkin (D-Iowa), chair of the Senate Health, Education, Labor & Pensions Committee, is a co-sponsor of the Safe Schools Improvement Act. Justine Sessions, a committee spokesperson, said Harkin hopes to include the pro-LGBT measures as part of education reform.

“Chairman Harkin is a strong supporter of efforts to protect students against discrimination and bullying, and hopes to address these issues in the reauthorization of the Elementary and Secondary Education Act,” she said.

Bipartisan support could emerge for the Safe Schools Improvement Act because Sen. Mark Kirk (R-Ill.) is an original co-sponsor for the legislation. A former House member, Kirk has said in the lower chamber of Congress Rep. John Shimkus (R-Ill.) could be an original co-sponsor of the legislation.

For the Student Non-Discrimination Act, Rep. Ileana Ros-Lehtinen (R-Fla.) is a GOP co-sponsor on the House side. The Senate version doesn’t have a Republican co-sponsor. The Tyler Clementi Higher Education Anti-Harassment Act doesn’t have a GOP co-sponsor in either the House or Senate.

The sources said Kirk’s support for the Safe Schools Improvement Act could be used to leverage support from Sen. Mike Enzi (R-Wyo.), ranking member of the Senate HELP Committee, for inclusion of the bill as part of the larger vehicle.

Gaylord said additional GOP co-sponsors for the standalone pro-LGBT legislation would help bolster their chances of success as part of education reform.

“I just think more Republican support for these bills will obviously be important, particularly in the House,” he said.

The Republican strategist said leadership from Senate Democrats “saying that this is something important” is needed to ensure LGBT anti-bullying and non-discrimination language are included in education reform.

“You’re also going to need to demonstrate enough Republican support on the House side that Republicans are able to allow it to end up in the final package,” the strategist said.

LGBT rights supporters also say that pressure from the White House and explict endorsements of the anti-bullying and non-discrimination from Obama are important to ensure they’re part of larger legislation.

Support for those measures from Obama would build on the anti-bullying conference that the White House held this month to shed light on harassment of students and devise ways to mitigate bullying against students — both in schools and online.

Shin Inouye, a White House spokesperson, said the president supports “the goals” of the pro-LGBT bills and wants to ensure students are free from harassment as they pursue their studies.

“This year, when the Elementary and Secondary Education Act is being considered, we look forward to working with Congress to ensure that all students are safe and healthy and can learn in environments free from discrimination, bullying and harassment,” Inouye said.

Gaylord said he welcomes the steps that White House has taken against student bullying and harassment, but noted the president has yet to voice explicit support for the pro-LGBT bills.

“The administration has not yet called for passage of either [the Safe Schools Improvement Act or the Student Non-Discrimination Act] by name, so that is sort of the next step,” Gaylord said. “Now would be that time that we would really anticipate the administration to step up and be even more specific in their support for legislative vehicles.”

The anonymous Republican strategist said “there’s no question” anti-bullying efforts are a priority for the Obama administration, but the extent to which the president will fight for passage of legislation remains to be seen.

“That has not been translated into support for specific legislation, so I think the jury’s still out on the degree to which the administration will advocate for this particular change — whether they’ll advocate for it all or whether they’ll advocate for it specifically as a part of this education revamp.”

CORRECTION: An earlier version of this article incorrectly stated the House version of the Student Non-Discrimination Act doesn’t have a Republican co-sponsor. The Washington Blade regrets the error.

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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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