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LGBT groups withhold support from education bill

Orgs say legislation is ‘ideal vehicle’ to address bullying

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Several LGBT organizations say they “do not support” the Senate version of education reform legislation as it currently stands due to the lack of protections for LGBT students and what they say is a rollback of federal accountability for schools.

In a letter dated Nov. 1, a group of eight LGBT organizations wrote to leaders on the Senate Health, Education, Labor & Pensions Committee to express “grave concerns” about the Elementary & Secondary Education reauthorization bill and to withhold support from the bill.

“As legal and advocacy organizations committed to ensuring that [LGBT] students, as well as those who are perceived to be LGBT, have access to an education unhindered by discrimination and harassment, we are writing to express our grave concerns with the Elementary and Secondary Education Reauthorization Act of 2011, which we do not support in its current form,” the letter states.

The Senate HELP Committee passed the ESEA reauthorization bill on Oct. 20 with a bipartisan vote of 15-7. However, despite calls from LGBT advocates, measures providing explicit protections for LGBT students known as the Student Non-Discrimination Act and the Safe Schools Improvement Act weren’t included in the larger bill.

The letter has eight co-signers: the American Civil Liberties Union, the Family Equality Council, Gay & Lesbian Advocates & Defenders, Lambda Legal, the National Black Justice Coalition, the National Center for Lesbian Rights, the National Gay & Lesbian Task Force Action Fund and PFLAG National. The Human Rights Campaign and the Gay, Lesbian & Straight Education Network are not among the co-signers.

The letter, addressed to Senate HELP Committee Chair Tom Harkin (D-Iowa) and Ranking Member Mike Enzi (R-Wyo.), asks the senators to “address our significant concerns” as the legislative process moves forward

The signers criticize the lack of explicit protections for LGBT students in the education reform bill on the basis that studies have shown LGBT students are a vulnerable group and face a higher risk of suicide. The letter says the education bill, intended to update the No Child Left Behind Act of 2001, is “the ideal vehicle” to address the problem.

“Discrimination and harassment of LGBT students, and those perceived to be LGBT, is a serious problem in public elementary and secondary school districts across the United States,” the letter states. “Despite this fact, the ESEA Reauthorization Act of 2011 fails to include any express protections for this vulnerable student population, or even to make reference to them.”

The groups write that the need for the federal government and schools to act to address discrimination and harassment of LGBT students “is critical.” Additionally, they urge that the action taken shouldn’t “rely on overly punitive school discipline policies which worsen the problem of the school-to-prison pipeline.”

The groups also say they “share the concerns” of other civil rights organizations, business groups and education officials on what they say is the bill’s “weak accountability system” for schools. Non-LGBT groups involved in education, including the Lawyers’ Committee for Civil Rights Under Law, have said the legislation doesn’t require states and districts to set measurable goals for students and lacks consequences for states failing to demonstrate continuous improvement.

The letter says proposed rollbacks will “have a particularly harmful impact” on minority students, such as students with disabilities, low-income students and students of color — as well as LGBT students.

“Unfortunately, this reauthorization, in its current form, will permit far too many low-achieving students across the country to slip through the cracks, without any federal accountability,” the letter concludes.

In response to the letter, a Harkin spokesperson said the senator “has long supported efforts to ensure that all children feel safe and secure in our schools.”

“As is well-known and as he emphasized during the Committee’s consideration of the bill to fix NCLB, Chairman Harkin believes that no student should be forced to endure harassment, discrimination, violence, bullying or intimidation for any reason, including their sexual orientation or gender identity, and is an original cosponsor of the Student Non-Discrimination Act,” the spokesperson.

The Student Non-Discrimination Act, or SNDA, would prohibit school activities receiving federal funds from discriminating against or allowing the harassment of LGBT students. During the committee markup of the education reform bill, SNDA’s sponsor, Sen. Al Franken (D-Minn) introduced the bill as an amendment but then withdrew the measure before a vote could be held, saying he would introduce the measure on the Senate floor.

The Harkin spokesperson said the senator “is committed to working with Sen. Franken to bring up and pass SNDA as an amendment when the reauthorization of ESEA comes before the full Senate and is hopeful that his colleagues will join him in standing against discrimination, bullying and harassment of any student.”

Enzi’s office didn’t respond to the Washington Blade’s request for comment on the letter or concerns about the lack of protections for LGBT students in the measure.

In addition to SNDA, the Safe Schools Improvement Act, or SSIA, is another bill that would address school bullying. The legislation would require schools receiving federal funds to adopt codes of conduct that prohibit bullying and harassment, including on the basis of sexual orientation and gender identity. The bill was also offered as an amendment during the markup by its sponsor, Sen. Bob Casey (D-Pa.), who withdrew it before a vote could be held and said he’d bring the measure up on the floor.

Although the education reform bill doesn’t contain either SNDA or SSIA, the legislation addresses bullying under a provision called Successful, Safe and Healthy Schools, which requires schools receiving grants under the program to have student conduct policies that prohibit bullying and harassment.

Ian Thompson, the ACLU’s legislative representative, said the general anti-harassment language in the education reform legislation isn’t enough for the signers of the letter.

“The general anti-harassment language in ESEA is insufficient, as it includes no enumeration, including actual/perceived sexual orientation and gender identity,” Thompson said. “In addition, we feel strongly that it is critically important to bring LGBT students under the protections of federal civil rights law, as SNDA would do.”

The absence of two LGBT groups — HRC and GLSEN — from the list of signers is notable because HRC is the largest LGBT rights organization and GLSEN is the LGBT group that focuses most directly on LGBT students.

Michael Cole-Schwartz, an HRC spokesperson, said the organization shares the concerns expressed in the letter, but didn’t want to sign a missive withholding support for ESEA reauthorization.

“We share the concerns but we do not have a position on the underlying ESEA reauthorization bill therefore we were unable to sign a letter that said we ‘do not support’ it,” Cole-Schwartz said.

Daryl Presgraves, a GLSEN spokesperson, said his organization is working to pass specific pro-LGBT student bills, but backs the organizations that signed the letter.

“Our focus has been specific to SSIA/SNDA, but we support the work of our partners who signed on,” Presgraves said.

 

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Doug Emhoff visits monument to gay victims of the Nazis in Berlin

Second gentleman marked International Holocaust Remembrance Day at Auschwitz

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The Memorial to Homosexuals persecuted under Nazism in Berlin on July 23, 2022. Second gentleman Doug Emhoff visited the memorial on Jan. 31, 2023. (Washington Blade photo by Michael K. Lavers)

Second gentleman Doug Emhoff on Tuesday visited a monument to gay victims of the Nazis in Berlin.

A readout from Emhoff’s office notes he visited the Memorial to the Persecuted Homosexuals under National Socialism with Philipp Braun of the Lesbian and Gay Federation of Germany, a German LGBTQ and intersex rights group. Christopher Schreiber and Alexander Scheld of the Berlin-Brandenburg Lesbian and Gay Federation were also with Emhoff.

“The Memorial to the Persecuted Homosexuals under Nazi Socialism is intended to honor the homosexual victims of National Socialism and at the same time ‘set a constant sign against intolerance, hostility and exclusion towards gays and lesbians,'” notes the readout.

Emhoff on Tuesday visited other memorials that honor the Sinti and Roma and people with disabilities who the Nazis killed. The second gentleman also visited Berlin’s Holocaust memorial before he met with five people who survived it.

The second gentleman earlier in the day participated in a roundtable with Jewish, Muslim and Christian leaders and met with Ukrainian refugees at Berlin’s New Synagogue. Emhoff on Monday participated in a meeting at the city’s Topography of Terror Museum that focused on antisemitism.

International Holocaust Memorial Day, which commemorates the liberation of the Auschwitz-Birkenau concentration camp in Poland in 1945, took place on Jan. 27. 

Emhoff, who is Jewish, traveled to the Auschwitz-Birkenau State Memorial and Museum and participated in ceremonies that commemorated the camp’s liberation. He later attended a Shabbat dinner with members of the Jewish community in Krakow, visited Oscar Schindler’s factory and met with Ukrainian refugees at a U.N. Refugee Agency community center before he traveled to Germany.

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Memphis police release Tyre Nichols arrest, fatal beating video

29-year-old Black man died after traffic stop

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(Screenshot from NBC News Now)

Three videos consisting of both body cam footage and street surveillance footage were made public by the Memphis Police Department Friday evening showing the violent arrest and beating of Memphis resident 29-year-old Tyre Nichols.

Nichols died three days after he was beaten by police in a traffic stop in the Hickory Hill neighborhood around 8:22 p.m. on Jan. 7, in an altercation Memphis Police Chief C.J. Davis described, saying “in my 36 years in law enforcement, I don’t think I have witnessed the disregard for a human being displayed in this video.” 

Shelby County District Attorney Steve Mulroy announced Thursday that five now-former Memphis police officers — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills, Jr., and Justin Smith — were fired for misconduct, indicted by a grand jury and taken into custody.

Each is charged with second-degree murder, aggravated assault, two counts of aggravated kidnapping, two counts of official misconduct and official oppression. By Friday morning, they had posted bond.

Left: Justin Smith, top center: Emmitt Martin III, top right: Desmond Mills Jr., center left: Demetrius Haley, right bottom: Tadarrius Bean (Photos provided by Memphis Police Department)

As news of the beating and death spread beyond Tennessee, officials expressed concern that release of the footage would touch off violent protest in reaction.

The attorneys and family of Nichols asked for justice for their son, and peace in their city, at a press conference in Memphis on Friday, WREG News 3 reported.

Speakers included family members, attorneys Ben Crump, Antonio Romanucci and Van Turner, president of the Memphis branch of the NAACP.

Rodney Wells, Nichols’ stepfather, said that he initially wanted first-degree murder charges against the officers, but the family is satisfied with second-degree murder.

He pleaded for peace in Memphis Friday night.

“We want peace. We do not want any type of uproar. We do not want any type of disturbance,” Wells said. “Please, please, protest, but protest safely.”

Protests took place in Memphis after police released more than an hour of footage in the case with some major highways temporarily shut down.

Other protests were organized in New York, as well as D.C., Sacramento, Los Angeles, Atlanta, Philadelphia and Seattle, with police at the ready for potential violence.

“Tonight, I stand with the millions of Americans sending condolences and love to the family of Tyre Nichols as the navigate this unimaginably difficult tragedy,” said D.C. Mayor Muriel Bowser in a statement. “We are a nation traumatized by violence, especially violence against Black Americans. We don’t even need to see the video to feel outraged that those five former officers, sworn to protect their community and now arrested and charged with murder, killed Tyre. But tonight, many people will see the video and it will elicit strong feelings — from sadness and anger to confusion and despair. Tonight, we are a city and country united by tragedy, but we are also determined — to deliver justice for Tyre and change for our nation.”

The White House held a joint emergency call Friday with the mayors of at least 16 cities before the video’s release “to brief them on federal preparations in support of state and local leaders.”

“Participating mayors shared their perspectives on how important it is to recognize the pain felt by communities across this country, be prepared in advance with a game plan to provide adequate community support, and to reinforce the importance of peace and calm during these difficult moments,” the White House said in a statement about the call, which included cities from New York City, to Atlanta, Los Angeles, D.C., Seattle and Portland.

The Los Angeles Police Department issued a statement condemning the actions of the Memphis officers and calling for demonstrations to remain peaceful.

“The accounts of the circumstances of this heinous crime and the criminal actions of those involved are reprehensible,” the LAPD said.

“The department will do all within its power to ensure the lawful expression of the public’s anger and frustration is protected and prepared to facilitate those wishing to exercise their First Amendment rights.”

The Los Angeles County Sheriff’s Department told local media that it is preparing for the possibility of disturbances after the footage is made public. and is coordinating with other state, local and federal agencies.

“Our patrol stations and specialized units remain in a state of readiness to respond to any disturbances that might occur,” the LASD said.

“The sheriff’s department supports the First Amendment and the people’s right to protest.”

Speaking with reporters as he prepared to depart for Camp David at the White House Friday evening, President Joe Biden said that he had spoken with Nichols’ mother prior to the video footage release for about 10 or 15 minutes.

“I spoke with Tyre’s mother and expressed my condolences and told her that I was going to be making the case to the Congress to pass the George Floyd Act. We should get this under control. I can only do so much on the executive order at the federal level,” Biden said. “I was really pleased that she called for peaceful protest, no violence,” he added.

When asked about the potential for violence Biden said:

“I’m obviously very concerned about it. But I think she has made a very strong plea. She’s obviously in enormous pain. I told her I had some idea of what that loss is like and although it is impossible to believe now, a time will come when his memory brings a smile before a tear.” 

The White House released a statement from the president that said in part:

“Like so many, I was outraged and deeply pained to see the horrific video of the beating that resulted in Tyre Nichols’ death. It is yet another painful reminder of the profound fear and trauma, the pain, and the exhaustion that Black and Brown Americans experience every single day. 
 
My heart goes out to Tyre Nichols’ family and to Americans in Memphis and across the country who are grieving this tremendously painful loss. The footage that was released this evening will leave people justifiably outraged. Those who seek justice should not to resort to violence or destruction. Violence is never acceptable; it is illegal and destructive. I join Mr. Nichols’ family in calling for peaceful protest.”

California Gov. Gavin Newsom issued a statement in response to the Memphis Police Department’s body camera footage being released, showing the deadly actions that took the life of Nichols, a Sacramento native, and led to the charging of five since fired Memphis law enforcement officers.

“Jennifer and I send our deepest condolences to the family and friends of Tyre Nichols. Tyre Nichols should be alive today. The video released shows abhorrent behavior and these officers must be held accountable for their deadly actions and clear abuse of power,” said Newsom. “Today, we are a country in mourning, and must continue our work nationwide to push reforms to prevent excessive use of force and save lives.”

“Tonight, we saw ferocious violence from an out-of-control herd,” said Los Angeles Mayor Karen Bass.

Late Friday evening Vice President Kamala Harris’ office released a statement from the vice president on Nichols:

“Tyre Nichols should have made it home to his family. Yet, once again, America mourns the life of a son and father brutally cut short at the hands of those sworn to protect and serve. The footage and images released tonight will forever be seared in our memories, and they open wounds that will never fully heal.
 
The persistent issue of police misconduct and use of excessive force in America must end now. 

I join President Biden in his call for accountability and transparency. We must build trust—not fear — within our communities.”

VIDEO COURTESY OF KTLA:

TYRE NICHOLS VIDEO VIEWER DISCRETION ADVISED, GRAPHIC CONTENT AND LANGUAGE WARNING.

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FBI reports ‘explosion’ of teen boys extorted after sending explicit photos, videos

Gay adults targeted on Grindr, other dating sites

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Law enforcement officials led by the FBI and the U.S. Homeland Security Investigations division are reporting an alarming increase in incidents of mostly teenage boys being tricked into sending explicit photos and videos of themselves to online scammers who then attempt to extort money from the young victims.

Spokespersons for the FBI, the Homeland Security Investigations (HSI), which is an arm of the U.S. Department of Homeland Security, and the Office of the U.S. Attorney for the Western District of Pennsylvania, where sextortion cases increased dramatically, have told the Washington Blade they so far are unaware of gay teenage boys being targeted for what authorities are calling financial sextortion.

“We have not seen that,” said Catherine Pollicicchio, a spokesperson for the FBI Field Office in Pittsburgh, when asked by the Blade if gay teens were being targeted. “But that doesn’t mean it is not happening. We may not know about it,” she said.

“Homeland Security Investigations has not observed any sextortion investigations that refer specifically to gay teenagers,” said Jason Koontz, a spokesperson for HSI Philadelphia offices.

A spokesperson for the FBI’s headquarters in Washington couldn’t immediately be reached to confirm whether FBI officials are aware of gay teenagers or gay young adults being targeted for sextortion in other parts of the country.

The D.C.-based LGBTQ youth advocacy group SMYAL is also unaware of any gay male teenagers in the D.C. area being targeted for sextortion, according SMYAL spokesperson Hancie Stokes.

But the popular app Grindr reports on its website that adult gay men using Grindr and other gay hookup apps have been targeted for sextortion in ways similar to how the straight teenage boys have been targeted.

The scammers are persuading the gay adult men to send who they believe is someone interested in a possible sexual hookup or a relationship nude or sexually explicit photos or videos of themselves. The scammer then uses the explicit images to blackmail the victim into sending large sums of money to prevent the scammer from releasing the photos or videos to the victim’s family, friends, or employer.  

In a Scam Awareness Guide posted on its website, Grindr says that unlike potential straight targets for sextortion, some of the scammers have threatened to out gay men, including bisexual men married to women, by sending their sexually explicit photos or videos to a spouse or other family members.

In yet another means of carrying out sextortion scams, according to Grindr, some of the scammers have set up a fake profile as an underage person. After tricking the victim into sending explicit images the scammer threatens to report the victim to police for soliciting sex with a minor unless a ransom is paid.

The FBI’s national office in Washington issued a “public safety alert” about the increasing number of sextortion cases targeting teenage males in a Dec. 19 press release.

“Over the past year, law enforcement has received over 7,000 reports related to the online financial sextortion of minors, resulting in at least 3,000 victims, primarily boys, and more than a dozen suicides,” the FBI press statement says.

“The FBI has seen a horrific increase in reports of financial sextortion schemes targeting minor boys—and the fact is that the many victims who are afraid to come forward are not even included in those numbers,” said FBI Director Christopher Wray in the FBI statement. “The FBI is here for victims, but we also need parents and caregivers to work with us to prevent this crime before it happens and help children come forward if it does,” Wray said.

“Victims may feel like there is no way out – it is up to all of us to reassure them that they are not in trouble, there is hope, and they are not alone,” Wray said.

The FBI statement says sextortion schemes occur most often through sites where young people interact with each other such as social media, gaming sites, or video chat applications.

“On these platforms, online predators often use fake female accounts and target minor males between 14 and 17 years old, but the FBI has interviewed victims as young as 10 years old,” according to the statement. “Through deception, predators convince the young person to produce an explicit video or photo,” it says.

“Once predators acquire the images, they threaten to release the compromising material unless the victim sends money or gift cards,” the FBI statement continues. “In many cases, however, predators release the images even if payments are made. The shame, fear, and confusion that victims feel when they are caught in this cycle often prevents them from asking for help or reporting the abuse,” the FBI statement says.

“A large percentage of these sextortion schemes originate outside of the United States and primarily in West African countries such as Nigeria and Ivory Coast,” according to the FBI statement.

Jane Clementi, co-founder and CEO of the Tyler Clementi Foundation, which advocates for programs to prevent bullying, including cyberbullying, targeting LGBTQ youth, said she and the Clementi Foundation, which is a nationwide group, were unaware of any specific gay youth or young adults being targeted for sextortion.

“The fact that this is on the rise is very disconcerting and means it needs to have more media coverage to inform youth and their parents about the harms and how to deal with the situation,” she told the Blade in an email. “My hope would be that we can prevent this situation from happening in the first place.” 

Jane Clementi, her husband, and other family members founded the Clementi Foundation in 2010 a short time after their son Tyler Clementi, an 18-year-old freshman student at New Jersey’s Rutgers University, took his own life after being victimized by cyber bullying.

Tyler’s suicide drew international attention when news surfaced that his college roommate secretly pointed his laptop computer camera at Tyler’s bed when he learned that Tyler had a date with another young man and the two planned to engage in intimacy in the dorm room. The roommate informed others that he would be broadcasting a live video of Tyler’s intimate interaction with his date over the internet and would be rebroadcasting it later, a development Tyler became humiliated and devastated over after he learned what had happened.

Jane Clementi said that type of cyberbullying and other forms of what she called revenge porn or nonconsensual porn, in which someone uses private images shared with them in confidence while in a relationship and then shares the photos or videos publicly after the relationship ends has been an issue of concern for many years.

Although it is not the same as financial sextortion, it often has the same harmful impact on victims, those familiar with the two types of scams have said.

“The best place to start is by raising awareness of the issue and by having healthy conversations starting at the youngest of ages, as soon as youth have a device that is connected to the internet,” Clementi said. “And next, parents and youth need to talk through a plan for the inevitable situation they might encounter online, like harassment, intimidation or worse sextortion.”

Grindr says on its website that it has protocols in place to detect and remove fake accounts set up by scammers. “While we detect and block a huge amount of these accounts that you will never see as a user, some still get through,” Grindr says on its website.  

Advice from the Grindr Scam Awareness Guide on how to avoid becoming a victim of sextortion and how best to respond if one is targeted for sextortion can be accessed at grindr.com.

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