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Stark introduces adoption anti-discrimination bill

Calif. lawmaker wants Obama to endorse measure ‘wholeheartedly’

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Reps. Pete Stark (left) and Jim McGovern on Tuesday introduced the Every Child Deserves a Family Act (Blade photo by Michael Key)

A U.S. House member from California on Tuesday introduced legislation that would bar discrimination against LGBT people in adoption cases while calling on President Obama to endorse the bill “wholeheartedly.”

During a news conference, Rep. Pete Stark (D-Calif.), the sponsor of the legislation, known as the Every Child Deserves a Family Act, said he wants the White House to support his bill fully in response to a question from the Washington Blade on what he’d like to see from the administration on the issue.

“I’d like to see the administration support our position more definitively,” Stark said. “I’ve had some troubles often determining where the administration is on issues, and I think it’s time that President Obama steps up to the bar and makes this — supports it wholeheartedly.”

Shin Inouye, a White House spokesperson, said in a statement that Obama believes that adoption rights should be afforded to all Americans and supports the goals of the legislation, but stopped short of offering an explicit endorsement of Stark’s bill. The lack of outright support is unlike the president’s position on other pro-LGBT initiatives, such as the Employment Non-Discrimination Act or “Don’t Ask, Don’t Tell” repeal.

“The president has long believed that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation,” Inouye said. “He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families. While we have not reviewed this specific legislation, we share its goals to expand adoption rights and move the dialogue forward on this issue.”

The Every Child Deserves a Family Act, which has 33 original co-sponsors, would restrict federal funds for states that allow discrimination in adoption or foster care placement based on the sexual orientation, marital status or gender identity of potential parents — as well as LGBT children seeking homes. Sen. Kirsten Gillibrand (D-N.Y.) is expected to introduce companion legislation in June in the Senate.

Some states recently have taken steps to inhibit potential LGBT parents from adopting. Last month, Arizona Gov. Jan Brewer (R) signed legislation that would give primary consideration in adoptive placement to opposite-sex married couples. Additionally, Virginia’s State Board of Social Services recently rejected adding protections against discrimination in adoption cases on the basis of sexual orientation as well as other statuses.

At the news conference, Stark billed the legislation as a means to ensure children living in the foster care system have access to a greater number of adoptive families — including households with single parents or same-sex parents.

“What’s in the child’s best interest is what the bill is trying to promote,” Stark said. “There is no information that shows that children raised by a single parent or gay or lesbian parent households have any more or less problems than all other children.”

According to Stark’s office, the U.S. government spends more than $7 billion each year on a foster care system against potential single and LGBT parents and allows around 25,000 children age out annually. More than 500,000 children are in foster care and 120,000 of them available for adoption.

Rep. Jim McGovern (D-Mass.), an original co-sponsor for the bill, said the Every Child Deserves a Family ActĀ is necessary to eliminate discrimination against potential LGBT parents and to iron out the differences in adoption policy throughout the country.

“Automatically disqualifying LGBT parents from adoption just because of sexual orientation is wrong,” McGovern said. “It makes no sense, especially when so many children are in foster care waiting to be adopted. The current patchwork of unfair state laws and policies … is denying multiple kids to permanent safe and stable homes.”

The issue of LGBT adoption has already emerged as an issue for a Republican who could be considering a run in the 2012 presidential campaign. According to Think Progress, former U.S. Sen. Rick Santorum, who’s widely expected to be eyeing a White House bid, said in a speech Monday before the FAMiLY Leader in Iowa that adoption is a “privilege” to which LGBT people aren’t entitled.

“A lesbian woman walked up to me and said, ā€˜Why are you denying me my right?’” Santorum said. “I said, ā€˜Well, because it’s not a right.’ It’s a privilege. It’s a privilege that society recognizes because society sees intrinsic value to that relationship over any other relationship.”

During the news conference, Stark blasted Santorum for his anti-gay comments and said the former senator’s opinion is no longer relevant because he was voted out in 2006.

“Rick who?” Stark said. “There was a guy in Congress years ago named Santorum, but I think he left. He lost, but [has been] following that path ever since. I think that’s nonsense.”

Organizations that work on LGBT advocacy and child welfare — including the Family Equality Council and Parents, Families & Friends of Lesbians & Gays — praised Stark for introducing the legislation as means to end discrimination and allow more children to find homes.

Linda Spears, vice president of policy and public affairs for theĀ Child Welfare League of America, said passage of the Every Child Deserves a Family Act would help ensure children who are waiting in foster care can find homes.

“We must recognize that statutory frameworks are absolutely essential in order to get this job done,” Spears said. “We cannot have policies in which kids are systemically disadvantaged by state law and by state policy. We cannot have policies that disadvantage and allow children to linger in foster care, those who categorically exclude certain families and put other kids in legal limbo because second parents are not allowed to adopt.”

Jennifer Chrisler, executive director of the Family Equality Council, similarly said the legislation is needed to counter what she called “despicable” attempts at the state level aimed at impairing the right to adopt for LGBT people.

“These efforts are divisive, there are despicable, and they push a political agenda at the expense who some of those children who are most vulnerable — the thousands of kids who are living in foster care, [excluding them] from loving, permanent homes,” Chrisler said.

Amy Coleman, a Massachusetts foster care alum (Blade photo by Michael Key)

Amy Coleman, a Massachusetts foster care alum who was adopted at age 16 by lesbian parents, pressed for legislation allowing full adoption rights for LGBT families by recalling the story of her own adoption.

“My moms have been loving, wonderful parents and will continue to be loving, wonderful parents,” Coleman said. “I just felt it was important to come down and share that so that other foster kids know that there are homes out there for them that might not be traditional, but are definitely wanting to take them in, so they don’t have to spend their rest of their time in foster care wondering if there is someone who can, or will, adopt them.”

Moving the legislation will be challenging in the Republican-controlled House, where the bill will likely be assigned to the House Ways & Means Committee. The office of the committee chair, Rep. Dave Camp (R-Mich.), didn’t respond on short notice to the Blade’s request to comment on the measure.

Stark said he hasn’t spoken with Camp about the Every Child Deserves a Family Act, but added the adoption issue could come before the House Ways & Means Committee in some capacity.

“I suppose that we’ll have a hearing on this at some point — one way or the other,” Stark said. “The press will require it or the Republicans will in opposition to it. The hearings may not be favorable, but there may very well be hearings on it.”

As of Tuesday, the legislation had no Republican co-sponsors, although Stark suggested that the bill may gain GOP support because he’s spoken to a Republican lawmaker who has indicated interest. Stark didn’t identify the U.S. House member.

The list of original co-sponsors for the legislation notably lacks the names of Democratic lawmakers who usually sign on to pro-LGBT legislation — including House Minority Leader Nancy Pelosi (D-Calif.) as well as gay Reps. Barney Frank (D-Mass.) and David Cicilline (D-R.I.).

Drew Hammill, a Pelosi spokesperson, said the Democratic leader will sign on as co-sponsor.

Harry Gural, a Frank spokesperson, said his boss wasn’t asked to support the Every Child Deserves a Family Act.

“Congressman Frank considers co-sponsoring a bill when he is asked by the member introducing the bill, when one of that member’s staff makes a request via our staff, or when he gets a request from a constituent,” Gural said. “In this case, none of those took place.”

Jessica Kershaw, a Cicilline spokesperson, said the legislation is on her boss’ radar and he’s reviewing it.

Despite the lack of outright support from the White House, one LGBT rights organization maintained the Obama administration is already working to address adoption discrimination through administrative means.

Fred Sainz, the Human Rights Campaign’s vice president of communications, said the Department of Health & Human Services is “doing a substantial amount of work” as part of HRC’s “All Children All Families” initiative, an agency by agency approach to preventing LGBT discrimination in adoption cases, which aims for the same results as Stark’s legislation.

“At the same time, HRC is working with the HHS to provide greater incentives to states, tribes and territories which receive federal funds to establish more inclusive practices,” Sainz said. “The Informational Memorandum on LGBT youth and families which went out two weeks ago, and was largely a result of our advocacy, is a good example of that ongoing work.”

Sainz was referring to an April 6 memo from HHS encouraging child welfare agencies to serve better the needs of LGBT youth in the foster care system. The memo states agencies should avail themselves of federal funds for training staff on serving LGBT children and called LGBT potential parents an untapped resource for providing homes for LGBT youth.

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Virginia

Stephen Miller’s legal group sues Fairfax County schools

Lawsuit challenges policies for transgender, nonbinary students

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(Bigstock photo)

Former Trump administration official Stephen Miller’s legal group on Tuesday filed a lawsuit against the Fairfax County School District over its policies for transgender and nonbinary students.

America First Legal in a press release notes it filed the lawsuit against the school district on behalf of a female, “practicing Roman Catholic” student “for allowing teenage boys to use the female restrooms and for forcing a radical, government-sponsored gender indoctrination and approved-speech scheme that discriminates against students on the basis of sex and religion and violates their free speech rights under the Virginia Constitution.”

The lawsuit was filed in Fairfax County Circuit Court.

The Virginia Department of Education last July announced new guidelines for trans and nonbinary students for which Republican Gov. Glenn Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, would forcibly out trans and nonbinary students. 

Fairfax County schools are among the school districts that have refused to implement the guidelines. 

ā€œFairfax County Public Schools appears to believe that its policies and regulations can override the Virginia Constitution’s protections for religious beliefs, speech and from government discrimination on the basis of sex and religious beliefs,” said America First legal Senior Advisor Ian Prior in a press release. “It is well past time for FCPS to stop sacrificing the constitutional rights of its students so that it can implement a state-sanctioned ideology that demands compliance in speech, beliefs and conduct.”Ā 

FCPS Pride, a group that represents the Fairfax County School District’s LGBTQ employees, described the lawsuit as “abhorrent.”

“We are confident that the school board and the superintendent will strongly and firmly oppose this specious suit and continue to support all students, including transgender and gender expansive students,” said the group in a press list.

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Pennsylvania

Pa. state trooper in altercation with prominent LGBTQ leader

Celena Morrison pulled over on Philadelphia expressway, detained

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(Photo courtesy of the Pennsylvania State Police)

The Philadelphia Gay News originally published this article and the Washington Blade republished it with permission.

BY LAUREN ROWELLO | Video footage uploaded to Facebook shows an altercation between a state trooper and two prominent Philadelphia LGBTQ+ leaders. Celena Morrison, executive director of Philadelphia’s Office of LGBT Affairs, was pulled over by a state trooper on the Vine Street Expressway on the morning of March 2 and later detained by police.

Morrison’s sister told PGN that Morrison was pulled over ā€œfor not having their lights on while tailgating,ā€ which a video of the encounter that Morrison recorded confirms. Darius McClean, Morrison’s husband and acting COO of William Way LGBT Community Center, was present during the incident and was also detained.

ā€œMy sister started recording when the officer became aggressive,ā€ said Morrison’s sister, who uploaded the video to her Facebook. It shows a portion of the traffic stop encounter. It is unclear what occurred before Morrison started recording. Morrison’s sister said that McLean was following his wife’s car in a separate vehicle at the time of the stop and pulled over behind her during the traffic stop.

Morrison told her sister the officer ā€œpulled him out of the carā€ then Morrison got out of her own vehicle to explain that McLean is her husband. 

ā€œShe started recording when the officer pulled his taser,ā€ Morrison’s sister explained.

In the video, which is described in greater detail below, Morrison accuses the officer of punching her and drawing his gun on her. In the video, the officer says that both McLean and Morrison are ā€œunder arrest for resisting.ā€

Philadelphia Police confirmed that Morrison and McLean were taken to Philadelphia Police Headquarters at 400 N. Broad St. Morrison’s sister says the pair was processed, charged with disorderly conduct, and detained until approximately 9 p.m. on March 2.

ā€œMy concern is over her safety since she is transgender,ā€ Morrison’s sister told PGN. She is especially concerned with ā€œthe way the police officer charged at her for recording,ā€ which can be seen on the footage. One commenter replied to the video on Facebook, ā€œThis is OUTRAGEOUS. This has to go straight to the governor’s office.ā€

What the video shows

The video begins with Morrison repeatedly stating, ā€œThat’s my husband,ā€ to the officer who is seen kneeling on McLean’s back as McLean lays on the asphalt in fetal position in the rain. The officer tells him to put his hands behind his back. McLean says, ā€œI don’t know why you’re doing this,ā€ then frantically attempts to reassure Morrison by telling her, ā€œIt’s OK. It’s OK.ā€

Morrison repeatedly states to the officer, ā€œI work for the mayor!ā€ McLean appears to attempt to shield his face with one arm in fear as the officer cuffs his other hand. The officer hits McLean’s hand with a closed fist before pointing to Morrison. The officer yells, ā€œStay the fuck back!ā€ while moving McLean’s hands to his back to finish cuffing.

McLean pleads for the officer to stop then says, ā€œIt’s because I’m Black.ā€ The officer appears to respond, saying, ā€œIt’s not because you’re Black. It’s because you rolled up on me.ā€

The officer then lets go of McLean and approaches Morrison, saying, ā€œTurn around,ā€ before lunging toward Morrison with a grabbing motion. The camera is jostled at this time and points at the sky for the remainder of the footage. The officer yells, ā€œGive me your hands or you’re getting tased!ā€ while Morrison and McLean can be heard calling out in distress.

The officer says, ā€œStay right there!ā€ to which McLean replies, ā€œI am! I can’t go anywhere!ā€ before trying to reassure Morrison again by saying, ā€œCelena, it’s OK baby.ā€ Morrison says she doesn’t know why this is happening and repeatedly states that they’ve done nothing wrong.

She then says, ā€œHe just punched me. He just punched me.ā€ The officer appears to stand over McLean and Morrison as Morrison asks what’s going on and McLean cries out for help. The officer calls to dispatch that he has two people detained. 

McLean says to the officer calmly, ā€œI’m just getting my glasses.ā€ The officer screams in reply, ā€œLeave that right there!ā€

McLean says more frantically, ā€œI just need my glasses,ā€ and the officer shouts, ā€œDon’t reach for anything!ā€ Morrison reassures McLean, ā€œJust be still.ā€

The officer says, ā€œStay right there! You move, you’re getting taken down.ā€

McLean is prompted to stand but says he can’t. Morrison says she’ll call the mayor’s office once this is over. When she stands, she asks the officer to pick up her phone. The officer says loudly, ā€œThis was a simple traffic stop because you didn’t have your lights on — you didn’t have your lights on and you were tailgating.ā€

McLean attempts to defend himself, ā€œI wasn’t tailgating!ā€ and the officer repeats, ā€œSimple traffic stop,ā€ to Morrison. The officer appears to tell McLean, ā€œAnd I don’t know who you are, so I don’t need you rolling up on me.ā€

ā€œYou were about to tase me. You pulled your gun on me,ā€ Morrison says. ā€œBecause you were fighting with me,ā€ says the officer, which Morrison is heard denying. The officer says that both McLean and Morrison are ā€œunder arrest for resisting.ā€

A response from Philadelphia and national leaders

Mayor Cherelle Parker released a statement on X, formerly Twitter, that reads:
ā€œā€‹ā€‹Earlier today, a Pennsylvania State Police Trooper executed a car stop on the Vine Street Expressway in Philadelphia, reportedly for a Motor Vehicle Code violation. Celena Morrison, the City’s executive director of the Office of LGBT Affairs, was in the vehicle that was stopped.
A video circulating on social media that depicts a portion of the incident is very concerning to me, and I will have no further comment until the investigation has been completed.ā€

State Representative Malcolm Kenyatta addressed the incident in his speech at the Human Rights Campaign Greater Philadelphia dinner on Saturday evening. He emphasized the need for a thorough investigation.

Kelley Robinson, president of the Human Rights Campaign — a national organization that advocates on behalf of the LGBTQ+ community — also underlined the need for a thorough investigation, underlining to PGN that important details often get missed in these kinds of situations. She retweeted the mayor, calling the incident ā€œdisturbing.ā€

In her speech, she said, ā€œWhen Philadelphia’s very own executive director of the Office of LGBTQ Affairs, Celena Morrison, cannot even ride around the streets of Philadelphia without being harassed by law enforcement, we are in a state of emergency.ā€

Tyrell Brown, executive director of galaei, accepted an award on behalf of the organization they lead and informed the crowd during their speech that Morrison and McLean had just been released from police custody.

Brown told PGN that leaders from across the LGBTQ+ community and allies were working to ā€œensure that there is transparency and safety for these two very valued community members.ā€

They said that this situation demonstrates that an official title will not protect people from mistreatment — but that all people within the queer community need and deserve access to safety and support mechanisms without any barriers.

ā€œThe seconds that we miss could be the determination between life and death,ā€ they said, highlighting the importance of working together to ensure that all members of the queer community can access resources that help promote safety and equity — ā€œthe same kind of decency and the same kind of reverence and respect that any other community deserves and has afforded to them.ā€

The Pennsylvania State Police did not immediately respond to requests for comment. The Philadelphia Police Department directed PGN to their public affairs office, which did not appear to be open on March 2. An officer told PGN, ā€œI have no comment at this time.ā€

This is a developing story.

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The White House

LGBTQ activists among Global Women of Courage Award recipients

White House ceremony took place Monday

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From left: First lady Jill Biden, Volha Harbunova and Secretary of State Antony Blinken (Screen capture via State Department's X account)

First lady Jill Biden and Secretary of State Antony Blinken on Monday hosted the 18th annual International Women of Courage Awards ceremony at the White House.

A State Department press release notes the IWOC Award ā€œrecognizes women from around the globe who have demonstrated exceptional courage, strength and leadership in advocating for peace, justice, human rights, gender equity and equality and the empowerment of women and girls, in all their diversity — often at great personal risk and sacrifice.ā€

The State Department since March 2007 has honored more than 190 women from 90 countries with the IWOC Award.

The process involves U.S. diplomatic missions overseas nominating a potential honoree from their respective host countries. Senior State Department officials who represent a diverse range of backgrounds and causes then select and approve the finalists.

Honorees after the IWOC ceremony will then participate in the State Department’s International Visitor Leadership Program with additional programming in Los Angeles. Two of this year’s honorees — Volha Harbunova from Belarus and Myintzu Win from Myanmar — promote LGBTQ rights in their respective countries. Their bios that the State Department provided are below.

Volha Harbunova

Volha Harbunova, a Belarusian human rights defender, stands out among the 2024 IWOC awardees for her unwavering dedication to advocating for the rights of women, children, the LGBTQI+ community and other marginalized groups in Belarus. Her courage became evident in the wake of the fraudulent 2020 elections in Belarus when she organized women’s marches. Subsequently imprisoned by the Lukashenka regime, Ms. Harbunova endured psychological torture and death threats for assisting abused women while incarcerated.

Upon her release, facing the specter of continued repression, Ms. Harbunova sought refuge in Lithuania. In exile, she joined the cabinet of Sviatlana Tsikhanouskaya, the leader of the Belarusian democratic movement. Serving as the Representative for Social Issues, her mandate includes advocating for the release of political prisoners and providing support to former political prisoners and their families. Additionally, she promotes psychosocial support to the Belarusian community in exile.

As the former head of the NGO Radislava, which was ultimately shuttered by the Lukashenka regime, Ms. Harbunova spent two decades pioneering activism in support of victims of domestic violence. Her organization operated one of the only shelters for children and women in Belarus.

Myintzu Win

Myintzu Win, a veteran criminal defense lawyer from Burma, is another standout among the 2024 IWOC awardees. Her advocacy extends to marginalized communities, including women, children, the indigent, persons with disabilities and the LGBTQI+ community. Ms. Win, a tireless defender of fundamental rights, has pro bono defended over 500 clients, overcoming significant obstacles in Burma’s legal landscape.

In her previous role as a legal advisor to the International Development Law Organization, Ms. Win’s dedication extended beyond individual cases. She focused on strengthening judicial capacity and empowering legal professionals in Burma. Today, her commitment to societal equity and legal fairness continues as she leads a legal aid team founded in 2017. The team imparts legal training to law students as pro bono lawyers, promotes public legal awareness of the rule of law throughout Burma and collaborates with freelance lawyers to provide crucial legal support to those in dire need.

The recognition of Volha Harbunova and Myintzu Win with the IWOC Award underscores the global importance of their efforts in advocating for justice, equality and the empowerment of the marginalized. As they join the ranks of previous honorees, their stories serve as an inspiration for women around the world.

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