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Attorney fees for DOMA defense could reach $500,000

Clement hired at blended rate of $520 an hour

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Paul Clement (photo courtesy King & Spalding)

The U.S. House has hired a private attorney to defend the Defense of Marriage Act in court at a total sum that could reach $500,000 and at a blended rate of $520 an hour, according to a copy of the contract obtained by the Washington Blade and other media outlets.

The contract was entered by House general counsel Kerry Kircher, whom U.S. House Speaker John Boehner (R-Ohio) charged with defending DOMA in court, and the law firm King & Spalding for the purposes of hiring Paul Clement, a former U.S. solicitor general under former President George W. Bush.

According to the contract, the House has agreed to pay King & Spalding a sum not to exceed $500,000 for all services rendered in defending DOMA, the 1996 law that prohibits federal recognition of same-sex marriage.

“It is further agreed that payment for such contractual services may be paid on a partial basis from time to time and in such amounts as the General Counsel may approve,” the contract states.

It should be noted the $500,000 cap could be raised upon written agreement by both parties in the contract as well as the House Committee on Administration.

Additionally, Clement will be paid at a blended rate of $520 an hour for time expended in litigation of defense of DOMA in court and at 75 percent of this usual rate for all reasonable non-attorney time in connection with the litigation.

Notably, the House contract stipulates that King & Spalding not engage in the course of contracted activity in discrimination on the basis of race, color, religion, sex, national origin, age, disability or any other prohibited basis — leaving out sexual orientation and gender identity.

On Feb. 23, U.S. Attorney General Eric Holder notified Congress that President Obama determined DOMA was unconstitutional and that the Justice Department would no longer defend the anti-gay law against litigation in court. Following a 3-2 party-line vote in March by the Bipartisan Legal Advisory Council, Boehner directed the House general counsel to take up defense of DOMA in place of the administration.

King & Spalding didn’t respond on short notice to respond to the Washington Blade’s request to comment on the contract or the firm’s decision to permit Clement to defend the anti-gay law in court.

Michael Steel, a Boehner spokesperson, blamed the Obama administration for what he said was leaving Congress the responsibility of defending DOMA and requiring the House to hire a private attorney.

“Obviously, this whole thing would be unnecessary if the White House and the Justice Department would do their job and defend a law that was passed by both Houses of Congress and signed by the President of the United States – a Democratic President, at that,” Steel said.

But the revelation of the cost for hiring a private attorney to defend DOMA was met with criticism from the Human Rights Campaign and the office of House Minority Leader Nancy Pelosi (D-Calif.).

HRC President Joe Solmonese noted that defense of DOMA places a burden both on gay couples and the coffers of the U.S. government.

“DOMA inflicts a great cost on same-sex couples but now its defense is burdening taxpayers to the tune of $520 per hour,” Solmonese said. “The firm of King & Spalding and their attorney Paul Clement should be ashamed at every penny earned in trying to justify discrimination against American families.”

Drew Hammill, a Pelosi spokesperson, lambasted Boehner for permitting this expense in defending DOMA.

“The hypocrisy of this legal boondoggle is mind-blowing,” Hammill said. “Speaker Boehner is spending half a million dollars of taxpayer money to defend discrimination. If Republicans were really interested in cutting spending, this should be at the top of the list.”

The degree to which the contract reveals the total cost of House defense of DOMA remains in question. The document only reveals the initial cost of hiring Clement and not expenses of the House general counsel.

Lane Hudson, a gay Democratic activist, said he thinks the contract hides other costs to the U.S. government in defense of DOMA.

“At contract rate of $520 an hour, it will fund one full-time lawyer for less than six months,” Hudson said. “Anyone who can count can see this is hogwash. Speaker Boehner should come clean on how much taxpayer money he will waste defending discrimination, especially given his rhetoric on reining in federal spending.”

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Texas

Texas House approves anti-trans youth sports bill

HB 25 now heads to state Senate

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GenderCool Project leader and Trans activist Landon Richie (Photo courtesy of Landon Richie)

Texas House Republicans were able to push through the anti-trans youth sports measure Thursday evening after hours of emotional and at times rancorous debate, passing the bill in a 76-54 vote along party lines.

Under the provisions of Texas House Bill 25, all trans student athletes in grades K-12 will be prohibited from competing on sports teams aligned with their gender identity. The bill will now head to the Senate, where it is expected to pass.

The Texas Tribune reported that the University Interscholastic League, which governs school sports in Texas, already requires that an athlete’s gender be determined by the sex listed on their birth certificate. Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 has said the bill would simply “codify” existing UIL rules.

However, UIL recognizes any legally modified birth certificates. That policy could accommodate someone who may have had their birth certificate changed to match their gender identity, which can sometimes be an arduous process.

HB 25 would not allow recognition of these legally modified birth certificates unless changes were made because of a clerical error. It’s not clear though how it will be determined if a birth certificate has been legally modified or not. According to the UIL, the process for checking student birth certificates is left up to schools and districts, not the UIL the Tribune reported.

“To say that tonight’s passage of HB 25 is devastating is an understatement. For the past 10 grueling, exhausting, and deeply traumatic months, trans youth have been forced to debate their very existence—only to be met by the deaf ears and averted eyes of our state’s leaders,” Landon Richie, a GenderCool Project leader, University of Houston student and Transactivist told the Washington Blade after the vote.

“Make no mistake: This bill will not only have detrimental impacts on trans youth, who already suffer immense levels of harassment and bullying in schools, but also on cisgender youth who don’t conform to Texas’s idea of ‘male’ or ‘female.’ To trans kids everywhere: you belong, you are loved, you are valued, you are deserving of dignity, respect, care and the ability to live freely as your true and authentic selves, no matter where you are. We will never stop fighting for trans lives and a future where trans kids are unequivocally and unwaveringly celebrated for who they are,” Richie said.

“The cruelty of this bill is breathtaking, and the legislators who are pushing it forward are doing irreparable harm to our state. Texas is a place where people value freedom and respect for diversity. This bill is a betrayal of those cherished values, and future generations will look back on this moment in disbelief that elected officials supported such an absurd and hateful measure,” Shannon Minter, legal director for the National Center for Lesbian Rights told the Blade. “The families of these kids deserve better, and the burden is now on the rest of us to do everything in our power to stop this dangerous bill now,” he added.

During the debate on the measure, state Rep. James Talarico, (D-Round Rock), a former middle school teacher, began his remarks by apologizing to the trans kids and families who have gone to the Capitol time and time again this year. He tells the chamber he speaks now as a legislator, and educator, and a Christian.

He quoted Republican Rep. Valoree Swanson, R-Spring, the author of HB 25 who said “if one girl wins a game, it’s worth it.” He says he has a different moral yardstick. “If one trans kid dies for a trophy, this bill is grotesque.”

He ended speaking to his “fellow believers” in the chamber. “The worst part in these hearings have been in hearing the Bible used against trans kids to support these bills. Even tonight, ‘God’s law’ was used to present an amendment.” He then quoted the first two lines of the Bible, where God is referred to with two different Hebrew words, one masculine/one feminine. “God is non-binary.” He then prevented an interruption in the chamber and continued telling trans kids that he loves them.

Fellow Democratic state Rep. Jessica González, (D-Dallas County), vice-chair of the Texas House LGBTQ Caucus asked the chamber how many trans Texas kids they are willing to hurt. She reminded her fellow representatives that cisgender women and girls will also be hurt by the bill. She shared a personal story about being outed in high school by a friend, having her locker, home, and car vandalized and losing all of her friends. “Kids are cruel.”

González told lawmakers that her brother encouraged her to try out for soccer, and she was bullied with comments like “shouldn’t she be trying out for the boys’ team.” She went from feeling a bit accepted to being an outsider again. She then reflected on carrying those feelings into adulthood and said that this bill will have long-term affects on trans kids. She asked legislators to listen to the stories of the trans kids who have bravely testified, saying kids will contemplate suicide or complete suicide.

Representative Diego Bernal, (D-San Antonio), told the chamber that some representatives can’t wrap their heads around knowing that there is no problem but there is *real* harm to trans kids, and for whatever reason, that’s not enough it seems to stop moving these bills.

He said that he has heard “if they already have mental health issues and suicide ideation, this can’t make it worse” and “if the debate is harming them, let’s just vote.” The he breaks down the Texas statute’s definition of bullying, telling lawmakers, “The bullying statute doesn’t have an intent requirement. It doesn’t matter if you don’t mean to cause them harm. We are bullying these students. Know that by law … our own definitions and our own words, we are. And we don’t have to.”

“Texas lawmakers voted today to deliberately discriminate against transgender children. Excluding transgender students from participating in sports with their peers violates the Constitution and puts already vulnerable youth at serious risk of mental and emotional harm,” Adri Perez, policy and advocacy strategist at the ACLU of Texas said in a statement to the Blade.

“There is no evidence that transgender kids pose any threat. It is indefensible that legislators would force transgender youth and their families to travel to Austin to defend their own humanity, then blatantly ignore hours of testimony about the real damage this bill causes. Trans kids and their families deserve our love and support—they’ve been fighting this legislation for months. Texans will hold lawmakers accountable for their cruelty,” she added.

The statewide LGBTQ+ advocacy group Equality Texas in a tweet after the vote said; ” We will not stop fighting to protect transgender children.” Then added “We’ll continue to educate lawmakers—replacing misinformation with real stories—and demand the statewide and federal nondiscrimination protections we need to prevent further harms.”

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LGBTQ Youth web resource gone after Texas GOP candidate complained

Removal of the LGBTQ youth resource webpage appeared to be strictly political the Houston Chronicle reported

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Anti-LGBTQ Republican Don Huffines (Screenshot via Twitter)

AUSTIN – A late August video tweet from a wealthy Dallas-based real estate development company executive and conservative Republican gubernatorial challenger, blamed fellow Republican incumbent Texas Governor Greg Abbott for endorsing an LGBTQ+ agenda, because of the existence of a state online resource webpage for LGBTQ youth.

Within hours it was pulled down by the state’s Department of Family and Protective Services, (DFPS) the agency responsible for the page.

In an article published Tuesday, the Houston Chronicle reported that Don Huffines claimed tax dollars were being used to “advocate for transgender ideology.” Huffines also went on to say that DFPS was publishing “disturbing information about our youth.”

“They’re talking about helping empower and celebrate lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, ally, non-heterosexual behavior. I mean really? This is Texas. These are not Texas values. These are not Republican Party values, but these are obviously Greg Abbott’s values,” 

A message on the website states that the previous content is now under review.

According to the Chronicle, the website for the Texas Youth Connection, a division of Family and Protective Services that steers young people to various resources, including education, housing and those on its LGBTQ page as they prepare for life after foster care. It was replaced by a message that states, “The Texas Youth Connection website has been temporarily disabled for a comprehensive review of its content. This is being done to ensure that its information, resources, and referrals are current.”

LGBTQ+ activists and advocates are furious. Among the resources on the page for LGBTQ+ youth were critical information including for housing and information for suicide prevention and crisis assistance.

GenderCool Youth Leader, Trans rights activist and University of Houston student Landon Richie told the Blade Tuesday;

“This is deplorable. To Governor Abbott, LGBTQ+ youth are nothing more than pawns on a political chessboard. Despite his cries of protection and fairness in justification of this session’s unprecedented attacks on LGBTQ+ — especially trans — youth, it has never truly been about any of those things; it has always been about his power.

Now more than ever, LGBTQ+ youth deserve safety, protection, support, and affirmation from the state — this year alone, the Trevor Project received more than 10,800 crisis contacts from LGBTQ young people in Texas looking for support, as a result of this legislative session. LGBTQ+ youth deserve better than to be treated like they are as easily discardable as a webpage,” Richie said.

Shannon Minter, the Legal Director for the National Center for Lesbian Rights reacted telling the Blade in an emailed statement:

“Helping LGBTQ youth and their families prevent suicide is not a partisan issue, and any elected official who seeks to make it one has lost any sense of shame. This action by Governor Abbott is appalling and will needlessly harm vulnerable children and families who urgently need support.”

Removal of the page appeared to be strictly political the Chronicle reported.

Patrick Crimmins, the department spokesman, told the Chronicle that the review “is still ongoing” but declined to answer questions seeking more detail about why the website was removed or whether it had anything to do with Huffines.

But Family and Protective Services communications obtained through a public records request show that agency employees discussed removing the “Gender Identity and Sexual Orientation” page in response to Huffines’ tweet, shortly before taking it offline,” the paper wrote.

More telling was the events leading the page’s removal said the paper:

Thirteen minutes after Huffines’ video went up, media relations director Marissa Gonzales emailed a link to Crimmins, the agency’s communications director, under the subject line “Don Huffines video accusing Gov/DFPS of pushing liberal transgender agenda.”

FYI. This is starting to blow up on Twitter,” Gonzales wrote.

Crimmins then queried Darrell Azar, DFPS’ web and creative services director, about who oversees the page. “Darrell — please note we may need to take that page down, or somehow revise content,” he wrote.

Late Tuesday afternoon, the Trevor Project, the world’s largest suicide prevention and crisis intervention organization for LGBTQ youth weighed in on the Chronicle’s reporting in an emailed statement to the Blade.

LGBTQ youth are overrepresented in the child welfare system — and those who have been in foster care report significantly higher rates of attempting suicide. It is unconscionable that the Texas state government would actively remove vital suicide prevention resources from its website for the sole purpose of appeasing a rival politician. Mental health and suicide prevention are nonpartisan,” said Casey Pick, Senior Fellow for Advocacy and Government Affairs. “This story sends a terrible message to LGBTQ youth in Texas and will only contribute to the internalization of stigma and shame. We should be expanding access to support services for this group, not erasing what resources LGBTQ youth have to reach out for help.” 

The Chronicle reported that the deleted webpage also included links to the Texas chapters of PFLAG, a nationwide LGBTQ organization; a “national youth talk line” to discuss gender and sexual identity and various other issues; and LGBTQ legal services.

Huffines said the page also linked to a website operated by the Human Rights Campaign, a politically active LGBTQ advocacy group that he called “the Planned Parenthood of LGBT issues.”

Data on Texas:

  • Between January 1 and August 30, 2021, The Trevor Project received more than 10,800 crisis contacts (calls, texts, and chats) from LGBTQ young people in Texas looking for support. More than 3,900 of those crisis contacts (36%) came from transgender or nonbinary youth.
  • Crisis contacts from LGBTQ young people in Texas seeking support have grown over 150% when compared to the same time period in 2020.
  • While this volume of crisis contacts can not be attributed to any one factor (or bill), a qualitative analysis of the crisis contacts found that:
    • Transgender and nonbinary youth in Texas have directly stated that they are feeling stressed, using self-harm, and considering suicide due to anti-LGBTQ laws being debated in their state.
    • Some transgender and nonbinary youth have expressed fear over losing access to sports that provide important acceptance in their lives.

Additional Research: 

  • The Trevor Project estimates that more than 1.8 million LGBTQ youth (13-24) seriously consider suicide each year in the U.S. — and at least one attempts suicide every 45 seconds.
  • The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that 42% of LGBTQ youth seriously considered attempting suicide in the past year, with more than half of transgender and nonbinary youth having seriously considered. 

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Colorado first state to require transgender care as essential health benefit

Biden officials sign off on change for state insurers

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Colorado has become the first state to require transition-related care for transgender people as essential health coverage.

Colorado has become the first state in the country to include transition-related care for transgender people as part of the requirements for essential health care in the state, the Biden administration announced on Tuesday.

As part of the change, the Centers for Medicare & Medicaid Services approved the state’s request to provide gender-affirming care in the individual and small group health insurance markets as part of Colorado’s Essential Health Benefit benchmark.

Secretary of Health & Human Services Xavier Becerra said in a statement the change is consistent with the Biden administration’s goal of eliminating barriers faced by transgender people in access in health care, including transition-related coverage.

“Health care should be in reach for everyone; by guaranteeing transgender individuals can access recommended care, we’re one step closer to making this a reality,” Becerra said in a statement. “I am proud to stand with Colorado to remove barriers that have historically made it difficult for transgender people to access health coverage and medical care.”

According to HHS, Colorado plan will require insurers to cover a wider range of services for transgender people in addition to benefits already covered, such as eye and lid modifications, face tightening, facial bone remodeling for facial feminization, breast/chest construction and reductions, and laser hair removal.

In addition to these changes, Colorado s also adding EHBs in the benchmark plan to include mental wellness exams and expanded coverage for 14 prescription drug classes, according to the HHS. These changes, per HHS, will take effect beginning on Jan. 1, 2023.

CMS Administrator Chiquita Brooks-LaSure said in a statement health care should be “accessible, affordable and delivered equitably to all, regardless of your sexual orientation” (notably leaving out gender identity from that quote).

“To truly break down barriers to care, we must expand access to the full scope of health care, including gender-affirming surgery and other treatments, for people who rely on coverage through Medicare, Medicaid & CHIP and the Marketplaces,” Brooks-LaSure said. “Colorado’s expansion of their essential health benefits to include gender-affirming surgery and other treatments is a model for other states to follow and we invite other states to follow suit.”

According to the Washington Post, Biden administration signed off on the change before officials made the announcement Tuesday in Denver in an event with Gov, Jared Polis, the first openly gay man elected governor in the United States.

Katie Keith, a lawyer and co-founder of Out2Enroll, is quoted in the Washington Post as saying despite the change significant issues remains for transgender people in health care.

“There’s been significant progress, but we’ve seen exclusions by some health plans — it got worse under the Trump administration — and that’s why it’s important to see states like Colorado stepping up to fill those gaps,” Keith is quoted as saying.

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