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Prop 8 lawyers honored at D.C. events

This week in Washington D.C., Whitman-Walker and the Cato Institute honored Ted Olson and David Boies, the lead attorneys in Perry v Schwarzenegger, the Federal case seeking to overturn California’s Proposition 8.

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Ted Olson and David Boies at the Cato institute (Blade photo by Michael Key)

The two lead attorneys in the widely followed lawsuit seeking to overturn the California ballot measure that bans same-sex marriage in the state and the attorney who successfully argued the Supreme Court case that overturned anti-gay sodomy laws were honored this week in Washington.

The Cato Institute, an LGBT supportive libertarian think tank, held a forum on Wednesday that featured presentations by conservative Republican lawyer Theodore Olson and Democratic attorney David Boies, who have teamed up to fight Proposition 8.

D.C.’s Whitman-Walker Health, formerly known as Whitman-Walker Clinic, was scheduled to present Olson, Boies and Washington attorney Paul Smith with its Joel A. Toubin Memorial Award at a reception Thursday evening. The award recognizes their legal work in support of the rights of LGBT people.

Smith was the lead attorney challenging state sodomy laws in the 2003 case known as Lawrence v. Texas, in which the high court ruled that laws banning intimate sexual relations between people of the same sex in the privacy of their home were unconstitutional.

In interviews with the Blade, Olson and Smith each said they were hopeful that the Lawrence decision would provide an important legal foundation for the Supreme Court to overturn Proposition 8 when that case reaches the high court possibly within the next two years.

Olson worked as U.S. Solicitor General defending federal laws before the Supreme Court during the administration of President George W. Bush. Prior to becoming solicitor general, Olsen represented Bush in a highly controversial Supreme Court case credited with deciding the outcome of the 2000 presidential election in favor of Bush over then Vice President Al Gore in a dispute over challenged ballots in Florida.

Olson told the Blade he doesn’t see his role in seeking to overturn what he calls a “highly discriminatory” ballot measure as a contradiction to his status as a conservative.

“I think those of us in the political world who care about individual rights and individual liberty and individual freedom and treating our fellow citizens with respect and decency and fairness and understanding ought to be in favor of changing laws that discriminate against people on the basis of sexual orientation,” he said.

The California-based American Foundation for Equal Rights, which retained Olson and Boies to challenge Prop 8 in court, was initially questioned by some LGBT groups and progressive legal experts for taking on too great a risk in seeking to bring the case before the U.S. Supreme Court. Some argued that the conservative-leaning court could very likely uphold Prop 8’s constitutional standing, setting a potentially harmful legal precedent.

Olson said he and Boies considered those concerns when they decided to take on the case.

“We felt it was important to go forward because we’ve been approached by persons who felt their constitutional rights were being denied to them,” he said. “And we felt that as lawyers, we couldn’t say, well we’re not going to represent you or we’re not going to try to vindicate your constitutional rights.”

Smith said he’s hopeful that the Supreme Court will uphold a lower federal district court ruling in Massachusetts, which declared as unconstitutional a provision in DOMA that bars the federal government from recognizing same-sex marriages legalized by states.

He said he and other attorneys seeking to overturn the DOMA provision banning federal recognition of same-sex marriages received an important boost when the Justice Department decided earlier this year to no longer defend the law in court. President Barack Obama has said he favors the full repeal of DOMA by Congress.

The president said he also believes DOMA is unconstitutional and determined the Justice Department should end all efforts to defend the law in court. The Republican-controlled U.S. House of Representatives has since stepped in to arrange for legal counsel to defend DOMA as it makes its way to the Supreme Court.

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Maryland

Joseline Peña-Melnyk elected Md. House speaker

Family immigrated to New York City from the Dominican Republic

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Maryland House speaker Joseline Peña-Melnyk addresses the chamber after being sworn in. (Photo by Jerry Jackson for the Baltimore Banner)

By PAMELA WOOD | Moments after being elected speaker of the Maryland House of Delegates Tuesday, state Del. Joseline Peña-Melnyk stood before the chamber and contemplated her unlikely journey to that moment.

Born in the Dominican Republic, the Peña family lived in a small wooden house with a leaky tin roof and no indoor plumbing. Some days, she said, there was no food to eat.

When she was 8 years old, the family immigrated to New York City, where Peña-Melnyk was dubbed “abogadito” or “little lawyer” for helping her mother and others by translating at social services offices.

The rest of this article can be read on the Baltimore Banner’s website.

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District of Columbia

D.C. students need academic support, diverse connections for economic mobility

Region offers array of resources for families in need of assistance

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From local financial and educational assistance programs to strengthening diversity among educators, advocates are fighting for better economic mobility in D.C. schools. (Photo by sumnersgraphicsinc/Bigstock)

Education is the blueprint of good economic mobility.

But when students aren’t set up with the proper resources to secure a quality education, it’s often low-income families that suffer the most, For Love of Children (FLOC) Executive Director LaToya Clark said. Children from low-income families on average grow up to earn $25,600 annually, according to Opportunity Insights.

D.C. families need better economic mobility, and experts say that starts with kids getting an education and breaking generational poverty cycles. Students without a high school diploma earn $738 per week on average, while those who graduated high school earn roughly $930 per week, according to the U.S. Bureau of Labor Statistics. Contrarily, those with bachelor’s degrees earn about $1,543 per week.

Students from low-income backgrounds have fewer financial advantages on their paths to securing an education, and hardships faced by public schools make it difficult for them to catch up, Clark said.

From local financial and educational assistance programs to strengthening diversity among educators, here are a few ways researchers and advocates are fighting for better economic mobility in D.C. schools. 

Student assistance programs

For many students, falling behind academically is because of circumstances outside of their control, Clark said.

She said teacher shortages, large classrooms and scarce funding can lead to an educational environment not fully equipped to set students on the right path. A one-dimensional education can then hinder future professional opportunities and give students limited economic mobility.

That’s where local organizations like FLOC come in –– to fill in the academic and social gaps often left open by schools. 

Clark said FLOC has multiple services that give underserved students a more individualized academic experience. For the Neighborhood Tutoring Program, students are assessed at the grade level at which they’re performing, not what grade they are in. They’re then matched with a volunteer –– ranging from college students to retirees –– who follows a curriculum that matches the student’s performance level.

There’s also the Pathways Forward Program, an afterschool opportunity for D.C. youth in 7th to 12th grades designed to increase high school graduation rates. The program supports those at risk of academic failure to find a successful way forward, and those in 10th to 12th grades to prepare for graduation or transition to postsecondary programs. Both Neighborhood Tutoring and Pathways Forward are free.

“Everything we offer is designed to close achievement gaps, help our students boost their confidence and ensure young people have the skills and support that they need to succeed in schools and beyond,” Clark said.

And that design is working for students. Clark recalled a young girl who was the oldest of six who felt a need to help her mom take care of her siblings. She was falling behind in school until she found FLOC. The girl credited her ability to go to college and find a professional job to FLOC’s individualized and accessible approach to education. 

FLOC is a reliable resource for D.C. youth to get academic help, but there are numerous other organizations working to close educational gaps and improve the future economic mobility of students.

Minds Matter D.C. helps underserved students find accessible pathways to prepare for and succeed in college. The organization offers mentoring, SAT prep, access to summer enrichment programs and guidance through the college application and financial aid process.

The work Minds Matter does addresses a disproportionate statistic: While roughly 89% of students from “well-off” families attend college, only 51% of students from low-income families do so, according to a report published by Brookings. Minds Matter reported that 100% of its students attended a four-year college or university.

The D.C. Schools Project, a program of the Center for Social Justice, offers academic help and English-language tutoring for low-income and immigrant families. Each semester, roughly 60 tutors assist about 100 students, their families, and other D.C. immigrants. 

D.C. CAP Scholars has a mission to connect youth with financial and academic opportunities that will help them succeed in college. Registration is now open for the organization’s Ward 7 & 8 scholarship, a $12,000 annual scholarship for students who attended high school in those D.C. wards. Those areas encompass communities such as Congress Heights, Deanwood and Anacostia, which are some of the city’s poorest areas.

RISE offers tutoring and college mentoring to underserved populations. Its primary focus is on opportunity academies, including the three in D.C.: Ballou STAY, Luke C. Moore and Garnet-Patterson STAY. These academies are “second chance” schools for students who didn’t complete high school on a traditional timeline.

RISE Executive Director Ricardo Cooper said the organization offers real-time tutors for students in these academies through its Keep Up Tutoring program. RISE also provides summer literacy “bootcamps” and college prep for underserved students.

As a native Washingtonian, Cooper said he wishes opportunities like RISE were available to him as a kid. That’s why it’s so special for him to lead the organization and help D.C. youth rise above the academic and economic barriers he used to face.

“We know that going to college and getting a degree makes you more money,” Cooper said. “Being able to have these programs to support youth in school, to make sure that they feel confident once they graduate high school, to go to college, to feel confident in completing their coursework and just understanding the material is important to raise that poverty line.”

While these programs are crucial to many students’ success, Matthew Shirrell, associate professor of educational leadership at George Washington University, said there are many fundamental solutions to supporting kids that schools should recognize.

Diverse learning opportunities

Shirrell’s research has identified a key link to the positive relationships between teachers and students: diversity.

“Having a more diverse teaching workforce would certainly benefit all students, because it’s like their teachers having access to a library with a whole bunch of different perspectives,” Shirrell said.

He said teachers have a continuously growing list of responsibilities not just academically, but in dealing with social and emotional issues that students bring to school. By having a diverse team of educators in each school, teachers are better equipped to connect with students to turn potential barriers into new pathways.

But achieving this is about more than championing diversity –– it’s a way for students to secure better futures and stay out of the criminal justice system, Shirrell said.

Shirrell pointed to the idea of “exclusionary discipline.” In his research, Shirrell found that Black and LatinX students were significantly less likely to be suspended from school when they had teachers who shared their racial or ethnic background. 

Teachers of different backgrounds than their students tend to rely on harsh disciplinary action, when in reality the situation could come down to cultural misunderstandings or misconceptions, Shirrell said. 

In the long run, this disciplinary bias can disproportionately impact underserved communities. Shirrell said relentless discipline can lead to the students making poor decisions outside of school and potentially ending up in the criminal justice system.

At such a formative age, students need the support, understanding and guidance that only a diverse population of educators can bring.

“You really can’t get that from a book,” Shirrell said. “The best way to learn that is from working alongside somebody who you know is doing things differently than you. There’s tremendous value to having a diverse workforce, whether that be racial, linguistic or economic.”

Securing an education from open-minded teachers is especially important in underserved pockets of D.C., such as Wards 7 and 8. D.C. youth can experience completely different lives and opportunities just by living around the block. Diverse educators can help fill social gaps, but having students from different economic backgrounds share a classroom pushes them to see different points of views and develop their critical thinking skills, Shirrell said. 

Luckily, that sentiment rings true in D.C., a city with high social capital –– or the likelihood of low-income people and high-income people becoming friends or crossing paths. About 50% of the friends of low-income people have high incomes, and low-income people are only 4.7% less likely to friend high-income people they meet, according to Opportunity Insights.

Though there’s never one simple solution in growing economic mobility for students and their families, Cooper, the RISE executive director, said having educators who embody multiple perspectives –– as well as ensure students are aware of the financial and academic support programs available to them –– are strong ways to set a child on a brighter financial and professional path.

“There are a lot of factors that also go along with [improving economic mobility], but chances are better once students feel confident in who they are, confident in what they can do and go to college and excel,” Cooper said.

This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.

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Virginia

DOJ seeks to join lawsuit against Loudoun County over trans student in locker room

Three male high school students suspended after complaining about classmate

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Loudoun County Public Schools building. (Washington Blade photo by Michael Key)

The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.

The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.

The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”

“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”

“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.

Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.

The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.

The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”

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