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Immigration bill includes pro-gay language

LGBT immigration group seeks expansion of prosecutorial authority outlined in memo

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New efforts emerged this week to address the inequity in U.S. immigration law preventing bi-national same-sex couples from staying together in the United States, although hurdles remain for each of the initiatives.

An LGBT immigration group called on the Obama administration to broaden a recent memo indicating when immigration officials can exercise discretion in deportation cases to include protections for gay bi-national couples. Meanwhile, comprehensive immigration reform legislation has been introduced in the Senate that includes a provision enabling gay Americans to sponsor their foreign same-sex partners for residency in the United States.

Under current immigration code, straight Americans can sponsor their spouses for residency in the United States through the green card application process if their spouses are foreign nationals. The same rights aren’t available to gay Americans. Consequently, foreign nationals who are in committed relationships with gay Americans may have to leave the country upon expiration of their temporary visas or face deportation.

On Monday, Immigration Equality called on U.S. Immigration & Customs Enforcement to clarify that the definition of ‘family’ and ‘spouse’ used in a June 17 memo to immigration officials include specifically bi-national same-sex couples.

The memo outlines cases in which immigration officials can exercise prosecutorial authority to include considerations such as an agency’s civil immigration enforcement priorities and whether a potential deportee is pursuing higher education or has served in the U.S. military.

However, the guidance makes no explicit mention of gay couples. It states that those with “family relationships” in the United States, or individuals with a “U.S. citizen or permanent resident spouse” may be considered for discretion, but doesn’t spell out whether those terms are inclusive of same-sex couples.

Rachel Tiven, Immigration Equality’s executive director, said an explicit mention of same-sex bi-national couples is necessary to ensure they can receive protections under the prosecutorial authority available to immigration officials.

“Given the absence of any LGBT family recognition at the federal level, the decision not to explicitly include our spouses and partners in the ICE memo is striking,” Tiven said. “If the administration does support efforts to keep LGBT families together, it should tell its field offices as much. If it does not, it must explain why. In the interim, families are being torn apart and American citizens are being separated from their spouses. There is simply no government interest served in such draconian enforcement of our immigration laws.”

The request to expand the memo comes on the heels of letters that U.S. senators and members of Congress sent to the Obama administration asking for a moratorium on the deportations of foreign nationals who are legally recognized same-sex marriage with U.S. citizens and would be eligible for marriage-based green cards if not for the Defense of Marriage Act.

Even though President Obama announced in February that DOMA is unconstitutional, the administration has said in the response to these requests it would continue to enforce DOMA.

Gillian Christensen, an Immigration & Customs Enforcement spokesperson, similarly said her agency would continue to enforce DOMA in response to the most recent request from Immigration Equality.

“Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including [the Department of Homeland & Security], will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional,” Christensen said.

Christopher Nugent, who’s gay and co-chair of the American Bar Association’s rights of immigrants committee, was skeptical that Immigration & Customs Enforcement would make the change in accordance with Immigration Equality’s request.

“I am optimistic by nature but doubtful of such change with … with all the political battles going on here and with the economic woes,” Nugent said.

A new path has also been opened to address the hardships faced by bi-national same-sex couples through legislative means. On Wednesday, Sen. Bob Menendez (D-N.J.) introduced comprehensive immigration reform legislation that includes a family reunification provision for gay couples.

Menendez’ legislation, which seeks to enhance border security and offers a path to citizenship for the estimated 11 million undocumented immigrants in the United States, contains language similar to standalone legislation known as the Uniting American Families Act, which would enable gay Americans to sponsor their same-sex partners for residency in the United States.

Late last year, Menendez introduced similar comprehensive legislation that also included a UAFA-like provision. The legislation also contains language similar to the DREAM Act, which would offer young, undocumented immigrants a path to citizenship if they obtain a college education or enlist in the U.S. military.

In a statement, Menendez said the legislation is a signal that lawmakers are “serious about fixing our broken immigration system.”

“We stand for a complete solution — a real solution — to end undocumented immigration and restore the rule of law,” Menendez said. “This is common-sense legislation that addresses the realities of the situation, stops the flow across our borders, and contributes to our economic recovery.”

Tiven said Immigration Equality stands behind Menendez and is “ready, willing and able to rally the LGBT community, and our families and allies” in the effort to pass his comprehensive immigration reform legislation this year.

“Today’s bill is supported by the top Democratic lawmakers in the Senate, including the chairmen of the Senate Judiciary Committee and the Immigration, Refugees and Border Security Subcommittee,” Tiven said. “We stand with them, and our allies in the LGBT and immigrant communities, in supporting reform that honors all families and offers an inclusive vision of America.”

Original co-sponsors for the legislation include Senate Majority Leader Harry Reid (D-Nev), Assistant Majority Leader Richard Durbin (D-Ill.), Sen. John Kerry (D-Mass.), Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) and Sen. Chuck Schumer (D-N.Y.). The legislation has no Republican co-sponsors.

The chances of passing comprehensive immigration reform legislation would be challenging with Republicans in control of the House in the 112th Congress. However, the legislation may see movement — or at least a committee hearing — in the Democratic Senate.

During a news conference on Wednesday, Leahy, whose committee has jurisdiction over the bill, pledged to hold hearings on the legislation, but said the focus now is to introduce legislation to encourage discussion among other senators.

“We’ll see it when we get up enough support, it looks like the best time, we’ll start having these hearings and we will report,” Leahy said.

The White House expressed support for comprehensive immigration reform, but hasn’t articulated support for a UAFA-like provision as a component of the bill.

Shin Inouye, a White House spokesperson, said via e-mail President Obama backs the passage of comprehensive immigration reform in response to an inquiry on the bill, but made no mention of the provision for same-sex couples in his statement.

“The president has spoken clearly about the need to fix the broken immigration system so that it meets America’s economic and security needs for the 21st century,” Inouye said. “We welcome Sen. Menendez’s leadership on this economic imperative, as well as any constructive effort to reach the bipartisan consensus necessary to pass a legislative solution in Congress at the earliest possible opportunity.”

Inouye didn’t respond to a subsequent request to comment on whether the president supports the UAFA-like provision in the legislation. The White House has spoken out against the separation of bi-national same-sex couples, but hasn’t explicitly endorsed any legislation to achieve that end.

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National

Jim Obergefell announces bid for seat in Ohio state legislature

Marriage plaintiff moves on to new endeavor

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First Amendment Defense Act, gay news, Washington Blade
Jim Obergefell has announced he'd seek a seat in the Ohio state legislature.

Jim Obergefell, the lead plaintiff in the litigation that ensured same-sex couples have the right to marry nationwide, announced on Tuesday he’d pursue a new endeavor and run for a seat in the state legislature in his home state of Ohio.

“You deserve a representative who does the right thing, no matter what. You deserve a representative who fights to make things better for everyone,” Obergefell said. “I’ve been part of a national civil rights case that made life better for millions of Americans. Simply put, I fight for what’s right and just.”

Obergefell, who claims residency in Sandusky, Ohio, is seeking a seat to represent 89th Ohio District, which comprises Erie and Ottawa Counties. A key portion of his announcement was devoted to vowing to protect the Great Lakes adjacent to Ohio.

“We need to invest in our Great Lake, protect our Great Lake, and make the nation envious that Ohio has smartly invested in one of the greatest freshwater assets in the world,” Obergefell said.

Obergefell was the named plaintiff in the consolidated litigation of plaintiffs seeking marriage rights that led the U.S. Supreme Court to rule in 2015 for same-sex marriage nationwide. Obergefell was widower to John Arthur, who died of amyotrophic lateral sclerosis, and was seeking the right to be recognized as his spouse on his death certificate. The ruling in the consolidated cases ensured same-sex couples would enjoy the full benefits and responsibilities of marriage.

“We should all be able to participate fully in society and the economy, living in strong communities with great public schools, access to quality healthcare, and with well-paying jobs that allow us to stay in the community we love, with the family we care about,” Obergefell said in a statement on his candidacy.

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National

FDA-funded blood donation study recruiting gay, bi men

D.C.’s Whitman-Walker, L.A. LGBT Center working on study to ease restrictions

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gay blood ban, gay news, Washington Blade
A new study could make it easier for gay and bi men to donate blood.

D.C.’s Whitman-Walker Institute and the Los Angeles LGBT Center are among LGBTQ supportive organizations in eight U.S. cities working with the nation’s three largest blood donation centers on a study to find a way to significantly ease blood donation eligibility for men who have sex with men or MSM.

The study, which is funded by the U.S. Food and Drug Administration, calls for recruiting a total of 2,000 gay and bisexual men in eight U.S. cities selected for the study to test the reliability of a detailed donor history questionnaire aimed at assessing the individual risk of a gay or bisexual man transmitting HIV if they donate blood.

A statement released by the study organizers says the questionnaire, which could be given to a gay or bisexual person showing up at a blood donation site, could be a replacement for the FDA’s current policy of banning men who have had sex with another man within the previous three months from donating blood.

In the early years of the AIDS epidemic in the 1980s, the FDA put in place a permanent ban on blood donations by men who have sex with men. In 2015, with advanced HIV testing and screening techniques readily available, the FDA lifted its permanent ban on MSM blood donations and replaced it with a 12-month restriction for sexual activity between MSM.

The FDA further reduced the time of sexual abstinence for MSM to three months in 2020.

LGBTQ rights organizations and others advocating for a change in the current FDA restriction point out that at a time when the nation is facing a severe shortage of blood donations due to the COVID pandemic, the three-month donation deferral requirement for MSM is preventing a large number of blood donations from men whose risk of HIV infection is low to nonexistent.

Under the FDA-funded and initiated study, the American Red Cross, Vitalant, and OneBlood — the nation’s three largest blood donation centers — have been conducting the questionnaire testing since the study was launched in March 2021.

“To gather the necessary data, the blood centers will partner with LGBTQ+ Centers in Washington, D.C., San Francisco, Orlando, New Orleans/Baton Rouge, Miami, Memphis, Los Angeles, and Atlanta,” the study organizers say in a statement on a website launched to help recruit volunteers for the study.

“The study will enroll a total of 2,000 gay and bisexual men (250 – 300 from each area) who meet the study eligibility criteria,” the statement says.

Among the criteria for being eligible, the statement says, is the person must be between 18 and 39 years old, have expressed an interest in donating blood, must have had sex with at least one other man in the three months before joining the study, and must agree to an HIV test. A negative test result is also required for acceptance into the study.

The study is officially named ADVANCE, which stands for Assessing Donor Variability And New Concepts in Eligibility.

“The ADVANCE study is a first step in providing data that will help the FDA determine if a donor history questionnaire based on individual risk would be as effective as time-based deferral, in reducing the risk of HIV in the blood supply,” the study organizers statement says.

“If the scientific evidence supports the use of the different questions, it could mean men who have sex with men who present to donate would be assessed based upon their own individual risk for HIV infection and not according to when their last sexual contact with another man occurred,” the statement continues. “The ADVANCE study is groundbreaking because it’s the first time a study is being conducted that could result in individual risk assessment for men who have sex with men to donate blood,” the statement says.

The Whitman-Walker Institute, which is among the community-based organizations involved in helping organize and conduct the study, is an arm of Whitman-Walker Health, the LGBTQ supportive D.C. health center.

Christopher Cannon, director of Research Operations for Whitman-Walker Institute, said that since the D.C.-based part of the study was launched early last year prior to the official announcement of the study on March 20, D.C. has surpassed the original city goal of recruiting 250 participants for the study.

“We are currently at 276 as of last Friday’s report,” Cannon told the Blade in a Jan. 13 interview. “And the current goal is now 300,” he said. “So, we’re hoping to push this over that goal line in the coming days and weeks.

Cannon said that like the community organizations involved in the study in other cities, Whitman-Walker Institute’s role has been focused on recruiting gay and bisexual men to participate in the study and to send them to the American Red Cross headquarters building at 430 17th St., N.W. near the White House. That site, which serves as a blood donation center, is also serving as the site where study participants are screened, interviewed, and presented with a detailed questionnaire.

“We promote the study within Whitman-Walker,” Cannon said. “We promote it to our networks. We did social media promotions across the city.’

Although Whitman-Walker doesn’t have the final draft of the questionnaire being presented to study participants, Cannon said he has seen “bits and pieces” of it.  

“They ask very direct questions about the person’s sex life, sexual partners, sex acts, numbers of partners,” Cannon said. “There are questions about condom use, PrEP use, drug use. How recently have you had sex? Lots of related questions,” he said.

“It’s really about trying to figure out effectively which are the best questions,” according to Cannon. “The hope is by analyzing the questions and identifying maybe the best 10 to 12 questions that can be universally used…to get the best answers that identify the individuals that may have the highest risk,” he said. Doing that, he points, out can help determine which men who have sex with men should be eligible to safely donate blood.

A statement released by Whitman-Walker last March calls the study a “monumental research effort” that has the potential to lift the stigma imposed on gay and bisexual men whose ability to donate blood is currently based on their sexual orientation.

“The ADVANCE study is designed to understand if, by asking carefully crafted and research-informed research questions, blood collectors can screen potential blood donors for their individual HIV risk factors rather than applying a ban against sexually active gay and bisexual men,” the statement says.

“The goal is to move away from overly broad questions that exclude potential donors and spread stigmatizing messages about MSM and their HIV risks,” it says.

Cannon said that as of last week, study organizers had recruited a total of 879 study participants nationwide out of the goal of 2,000 participants needed to complete the study. He said issues related to the COVID pandemic created delays in the recruitment efforts, but study organizers were hopeful the study could be completed by this summer.

Information about participating in the study or learning more about it can be obtained at advancestudy.org.

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Federal Government

Veterans can now identify as transgender, nonbinary on their VA medical records

About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity

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Graphic via U.S. Department of Veterans Affairs

Veterans Affairs Secretary Denis McDonough announced Wednesday that his department added the options of transgender male, transgender female, nonbinary and other, when veterans select their gender, in medical records and healthcare documentation.

“All veterans, all people, have a basic right to be identified as they define themselves,” VA Secretary Denis McDonough said in a statement. “This is essential for their general well-being and overall health. Knowing the gender identity of transgender and gender-diverse veterans helps us better serve them.”

The statement also noted that the change allows health-care providers to better understand and meet the medical needs of their patients. The information also could help providers identify any stigma or discrimination that a veteran has faced that might be affecting their health.

McDonough speaking at a Pride Month event last June at the Orlando VA Healthcare System, emphasized his support for Trans and LGBQ+ vets.

McDonough said that he pledged to overcome a “dark history” of discrimination and take steps to expand access to care for transgender veterans.

With this commitment McDonough said he seeks to allow “transgender vets to go through the full gender confirmation process with VA by their side,” McDonough said. “We’re making these changes not only because they are the right thing to do, but because they can save lives,” he added.

In a survey of transgender veterans and transgender active-duty service members, transgender veterans reported several mental health diagnoses, including depression (65%), anxiety (41%), PTSD (31%), and substance abuse (16%).  In a study examining VHA patient records from 2000 to 2011 (before the 2011 VHA directive), the rate of suicide-related events among veterans with a gender identity disorder (GID) diagnoses was found to be 20 times higher than that of the general VHA patient population.

McDonough acknowledged the VA research pointing out that in addition to psychological distress, trans veterans also may experience prejudice and stigma. About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity.

“LGBTQ+ veterans experience mental illness and suicidal thoughts at far higher rates than those outside their community,” McDonough said. “But they are significantly less likely to seek routine care, largely because they fear discrimination.

“At VA, we’re doing everything in our power to show veterans of all sexual orientations and gender identities that they can talk openly, honestly and comfortably with their health care providers about any issues they may be experiencing,” he added.

All VA facilities have had a local LGBTQ Veteran Care Coordinator responsible for helping those veterans connect to available services since 2016.

“We’re making these changes not only because they are the right thing to do but because they can save lives,” McDonough said. He added that the VA would also change the name of the Veterans Health Administration’s LGBT health program to the LGBTQ+ Health Program to reflect greater inclusiveness.

Much of the push for better access to healthcare and for recognition of the trans community is a result of the polices of President Joe Biden, who reversed the ban on Trans military enacted under former President Trump, expanding protections for transgender students and revived anti-bias safeguards in health care for transgender Americans.

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