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LGBT student bullying on the rise: Justice Dept.

Perez testifies on LGBT issues at Senate oversight hearing

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U.S. Assistant Attorney General Thomas Perez (Blade file photo by Michael Key)

Bullying of LGBT youth is making up a growing number of discrimination complaints received by the Obama administration.

Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, said on Tuesday there has been a growing number of reported bullying cases during an oversight hearing before the Senate Judiciary Committee.

“The bullying of kids who are LGBT is probably the largest growth area in our docket,” Perez said. “This is about safety — whether it’s kids who are gay, whether it’s kids who are Muslim, whether it’s kids who speak English with an accent, whether it’s kids with disabilities, and we have in Tennessee a case involving bullying of kids with disabilities — this is an emerging growth area, I regret to say.”

Perez made the remarks on bullying in response to questioning from Sen. Al Franken (D-Minn.), who introduced legislation known as the Student Non-Discrimination Act that aims to protect LGBT youth from bullying and harassment in school.

President Obama has yet to endorse the legislation. During the hearing, Perez said the administration supports “the goals” of the Student Non-Discrimination Act, but stopped short of offering a full-throated endorsement.

“I very much support the goals behind your efforts in introducing the Student Non-Discrimination Act,” Perez said. “Kids are dying, kids are being brutally assaulted, kids are scared.”

Perez noted that the Obama administration has taken on an “active program engagement” on its own to address bullying. One such step was an anti-bullying summit that Obama and first lady Michelle Obama held at the White House in March.

Additionally, the Education Department has interpreted federal law prohibiting gender discrimination to cover in some instances LGBT students who don’t conform to gender stereotypes. Title IV of the Civil Rights Act and Title IX of the Education Amendments of 1972 prohibit harassment based on gender.

Following up on the remarks, Franken said he assumes Perez’s mention of the Student Non-Discrimination Act means the administration believes “an explicit ban against discrimination in public schools based on sexual orientation” is necessary.

Perez replied, “Our work as I just described in the LGBT context — we proceed under the sex discrimination theory … that gender nonconformity is one form of sex discrimination under federal law.”

Later during the hearing, Perez said congressional action to expand the definitions regarding discrimination in schools would be helpful, although he didn’t specifically name any legislation.

“It would obviously be much simpler if you could expand the universe of cases involving people who have been victimized if you were to expand those definitions,” Perez said.

LGBT bullying was raised during the hearing among other issues related to the Justice Department’s Civil Rights Division including protection of early voting, redistricting and protections of service members returning home.

Among the successes that Perez touted was the enactment of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which Congress passed in 2009.

Asked by Sen. Chris Coons (D-Del.), who chaired the hearing, about the benefits of the hate crimes law to the LGBT community, Perez replied that it has “transformed our ability to combat hate crimes in remarkable ways.”

“One of the really remarkable and helpful ways that this has transformed our government is that is has facilitated additional cooperation with state and local authorities,” Perez said. “We’ve trained over 4,000 local law enforcement officers. I have participated personally in many of them. Our message is this: this is not a law simply for the feds, this is everyone’s law.”

Perez said he doesn’t measure the success of the law by the number of federal prosecutions of hate crimes, but in terms of whether it has prevented crimes and “the quality of justice writ large — whether it’s federal, state, local.”

The lack of federal non-discrimination protections in employment also came up during the hearing as a continuing problem for LGBT people.

Asked by Coons about areas of federal law that protect other groups from discrimination but not LGBT people, Perez noted the lack of workplace protections.

Perez recalled the administration’s support for the Employment Non-Discrimination Act, which would bar job bias against LGBT people in most situations in the private and public workforce, and said passage would be “very helpful.” Perez testified before the Senate in favor of the law in 2009.

“The first hearing I had after confirmation was on the Employment Non-Discrimination Act,” Perez said. “The hate crimes bill was introduced in 1996. It took 13 years. ENDA was actually introduced a few years before that, and it’s still pending.”

 

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Rep. Sean Patrick Maloney introduces bill to make monkeypox testing free

Health insurers would be required to cover costs

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Rep. Sean Patrick Maloney has introduced legislation to make monkeypox testing free to the public. (Blade file photo by Michael Key)

Rep. Sean Patrick Maloney (D-N.Y.), amid the ongoing monkeypox affecting gay and bisexual men, has introduced legislation in the U.S. House seeking to make testing for disease free to the public.

Maloney, one of seven openly gay members of Congress and chair of the Democratic Congressional Campaign Committee, said in a statement the measure, called the No Cost for Monkeypox Testing Act, would testing amid the monkeypox outbreak would be accessible to all.

“It is critical that we eliminate cost as a barrier to testing for monkeypox to ensure we can identify cases and prevent further spread,” Maloney said. “This legislation takes the lessons we learned from past public health emergencies and protects those at risk of contracting monkeypox by making tests accessible to everyone.”

The legislation would require private health insurers as well as Medicare and Medicaid to cover the costs of monkeypox testing at no expense to the patients, either through deductibles, co-payments, and co-insurance.

The bill introduction comes the week after the Biden administration declared the monkeypox outbreak a public health emergency and the same it has issued new guidance to enhance to the accessing of existing vaccines doses amid criticism federal officials were too slow in distributing shots.

The Washington Blade has placed a request in with the Centers for Disease Control seeking comment on the legislation. Secretary of Health & Human Services Xavier Becerra said Tuesday the federal government has the capacity to conduct an estimated 80,000 tests each week.

Maloney has been representing New York’s 18th congressional district, but after redistricting is now seeking re-election in the 17th district. Amid controversy over a potential showdown between Maloney and Rep. Mondaire Jones (D-N.Y.), who’s Black, another openly gay member of Congress and the current representative of that district, Jones has since opted to run for re-election in the New York’s 10th congressional district. Maloney is now running unopposed in the 17th.

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Biden administration shifts monkeypox vaccine approach amid shortage

Health experts sees new guidance as mixed bag

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The Biden administration has changed its guidance on monkeypox vaccines to enhance availability amid the shortage.

The Biden administration, amid criticism it was slow to act on the monkeypox outbreak and still not meeting the demand for vaccines as the number of cases continues to grow, has announced a shift in guidance for implementation of the shot in an effort to enhance availability.

As the estimated number of monkeypox cases in the United States reaches 8,900, top health officials announced the new move on Tuesday as part of a decision by Secretary of Health & Human Services Xavier Becerra to issue a determination under Section 564 of the Federal Food, Drug and Cosmetic Act to justify emergency use authorization of vaccines. The announcement follows up on the Biden administration’s announcement last week declaring the monkeypox outbreak a public health emergency.

Becerra said in a conference call with reporters the 564 determination and change in approach to vaccines would “boost and strengthen” the Biden administration’s response to monkeypox, which has overwhelmingly affected gay and bisexual men, and “safely accelerates and multiplies our supply of effective vaccines by up to fivefold.”

“Today’s action also reaffirms HHS and this administration’s commitment to using all available resources and capabilities to end the monkeypox outbreak and provide the best possible care to those suffering from the virus,” Becerra added.

The new vaccine approach, which may may be considered minor to non-medical observers, would change injections of the JYNNEOS vaccine from the subcutaneous route (delivery of the vaccine under the fat layer underneath the skin) to the intradermal route (delivery of the vaccine into the layer of skin just underneath the top layer). In theory, that would allow for greater accessibility of monkeypox vaccines as it increases the number of doses from each vial of vaccine.

The change was made amid criticism the Biden administration failed to meet the demand for vaccines during the outbreak and geographic inequity as certain metropolitan areas of the country have more access to vaccines than other places.

As The New York Times reported last week, the Biden administration has faced criticism for not moving quickly enough in acquiring and distributing vaccines, including bulk stocks already owned by the U.S. government manufactured in Denmark by Bavaria Nordic now being given to other clients.

“The government is now distributing about 1.1 million doses, less than a third of the 3.5 million that health officials now estimate are needed to fight the outbreak,” the Times reported. “It does not expect the next delivery, of half a million doses, until October. Most of the other 5.5 million doses the United States has ordered are not scheduled to be delivered until next year, according to the federal health agency.”

Biden officials, nonetheless, touted the numbers of vaccines and tests in response to monkeypox as a positive, acknowledging the 1.1 million vaccines being made available as well as delivery of more than 620,000 of those doses, deployment more than 15,000 courses of the monkeypox treatment and increasing the country’s capacity to administer tests on a weekly basis to around 80,000. Meanwhile, officials also promoted the change in approach in vaccines as means to allow greater accessibility to the shots.

Rochelle Walensky, director of the Centers for Disease Control & Prevention, promoted during the conference call the use of intradermal injections and said they’re “often used for TB skin tests and have been used for other types of vaccines.”

Although Walensky conceded some health care providers “may not be as familiar with intradermal administration” as they are with subcutaneous injection, she said CDC would make additional guidance materials available, including a clinician alert message to the Association of State & Territorial Health Officials, outreach to key clinician partners and an education resource video. The change in guidance, Walensky said, is for vaccine implementation in adults and children — where single digit monkeypox cases have been reported — would continue to receive vaccination in the traditional subcutaneous approach.

But health experts aren’t responding with overwhelming praise to the decision to change the guidance on vaccine implementation from subcutaneous injections to intradermal injections, expressing concerns the new approach may be insufficient.

Jennifer Kates, director of global health & HIV policy at the Kaiser Family Foundation, was among those saying the change in guidance on vaccine approach was a mixed bag and told the Blade more data is needed to emulate the effectiveness.

“As we saw with COVID, using these authorities in the context of public health emergencies is an important strategy,” Kates said. “In this case, this step will significantly expand access to vaccines for those most at risk. However, there remain questions about the effectiveness of this approach — real world studies are needed — and challenges to translating vaccines into vaccinations.”

Peter Marks, director of the Center for Biologics Evaluation & Research (CBER) at the Food & Drug Administration, was asked during the conference call with reporters to respond to concerns the change in guidance was insufficient and downplayed the novelty of implementing the vaccines through the intradermal route as “not at all new.”

“In fact, the reason why the Bavaria part of this equation comes from the fact that in Germany, this vaccine was given intradermally originally, in an effort to replicate the original version of the smallpox vaccine,” Marks said. “It’s been given to thousands of people intradermally, so this isn’t the first time it’s been done.”

Walkensky said the intradermal vaccine approach has been implemented amid policies among localities to implement a one-dose approach to the JYNNEOS vaccine through the subcutaneous route. (The D.C. government is one of the jurisdictions that had enacted a one-dose approach amid a vaccine shortage.) There is not data, Walkensky said, to support that approach and “in fact, if anything, there are data saying that that is not protective enough.”

“So by using this alternative strategy of intradermal dosing, not only do we have more doses, but we actually allow people to get two doses in a way that shows immunologic response that’s superimposable from the subcutaneous dosing,” Walkensky said. “So we have more doses, and in fact, we have the ability to doubly vaccinate people so that they get the protection that they need.”

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CDC echoes call for MSM to limit sex partners in monkeypox guidance

Controversial guidance also issued by WHO

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CDC is calling on men who have sex with men to limit their sexual partners.

The Centers for Disease Control & Prevention is now echoing the controversial call for men who have sex with men to limit their sexual partners amid the monkeypox outbreak.

The agency made the call as part of new comprehensive monkeypox guidance issued on Friday, which lists “limit your number of sex partners to reduce your likelihood of exposure” as among several ways to reduce risk, with vaccination at the top of the list.

Vaccination is an important tool in preventing the spread of monkeypox,” the guidance says. “But given the current limited supply of vaccine, consider temporarily changing some behaviors that may increase your risk of being exposed. These temporary changes will help slow the spread of monkeypox until vaccine supply is adequate.”

The call to limit partners was previously made by the World Health Organization and has been controversial as observers say it may stigmatize sex among gay and bisexual men, who are disproportionately affected by monkeypox.

Demetre Daskalakis, deputy director of the White House task force on monkeypox, outlined the new guidance on Friday in a conference call with reporters.

Asked by the Washington Blade whether the Biden administration agrees with WHO about the need for men who have sex with men to limit their sexual partners, Daskalakis alluded to the multi-faceted aspects of the CDC guidance.

“It mentions that folks should consider reducing multiple partners and anonymous new partners as one strategy to prevent exposure to monkeypox,” Daskalakis said. “So I think really, there’s a broad range, and I think one of the things that’s really important about the CDC guidance is it’s designed to really meet people where they are and see what we can do to have individuals to create their own prevention plans, understanding that there’s not one answer for preventing monkeypox, that it requires a lot of domains to really achieve the goal of preventing new infections.”

Vaccinations for monkeypox are a key component of the CDC guidance, even though the limited availability has not kept up with the growing demand for the shots as the outbreak continues. Daskalakis conceded on the call there is “supply and demand mismatch” for vaccines, but maintained the Department of Health & Human Services announcement declaring monkeypox a public health crisis would be a tool to address the shortage.

A key concern among reporters on the call was the Biden administration not emphasizing the disease is almost exclusively at this point affecting gay and bisexual men, as well as concerns about stigma and misinformation about monkeypox.

Daskalakis, drawing on his experience as a medical expert during the HIV/AIDS crisis, emphasized stigma should play no part in messaging.

“I know from my own experience in public health and personally that stigma is actually what drives so much of infection and really creates false starts and false information that really gets people to go down paths that end up really vilifying people’s lives and behavior,” Daskalakis said. “And so, coming from the experience, both professionally and personally, it is my mission, to not allow stigma to be a part of this or any response that I work on.”

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