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Praise, criticism as HRC heads into new era

Some laud Solmonese for state focus, others say marriage crowding out other priorities

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Joe Solmonese @ Hill press conference 2009 by Michael Key

HRC President Joe Solmonese will step down at the end of March.(Washington Blade file photo by Michael Key)

The Human Rights Campaign’s search for a new president began in full force on Nov. 22 when an executive recruiting firm retained by the HRC board issued an eight-page job announcement describing the qualifications and experience sought for the next leader of the nation’s largest LGBT advocacy group.

The release of the job announcement, which is posted on the HRC website, followed an Oct. 3 announcement by HRC that its board had retained Russell Reynolds Associates, a nationally known executive recruitment firm, to assist the board in its search for the replacement of Joe Solmonese.

Solmonese has held the post of president and CEO of HRC and the HRC Foundation since 2005. He announced in August that he would step down from his position when his current contract expires on March 30, 2012.

“The entire HRC board understands the importance of this search to our community, to our continued progress as a movement and to our organization,” said HRC Board Co-Chair Rebecca Tillet.

“That’s why we will run a process that is inclusive and respects the importance of diversity in the candidate pool,” said Andy Linsky, co-chair of the board of the HRC Foundation, HRC’s research and educational arm.

Since Solmonese announced he was stepping down, LGBT activists have been debating HRC’s role in the movement its effectiveness during Solmonese’s tenure.

In an informal survey of LGBT activists in Washington and across the country over the past week, the Blade has found that most believe HRC has done a good job of advocating for LGBT equality on the federal and state level. Leaders of at least seven state and local LGBT organizations said HRC worked cooperatively with their respective groups on joint projects.

Others, including two nationally recognized transgender rights advocates, expressed concern that HRC – as well as other national LGBT organizations – have devoted too much of their time and resources to same-sex marriage efforts at the expense of pushing for non-discrimination laws on the federal, state and local levels. Those expressing this position say non-discrimination laws would have a beneficial impact on far more LGBT people than laws seeking to legalize same-sex marriage.

While they don’t object to spending resources on marriage equality, those expressing this view say HRC and other national LGBT groups are devoting far too little attention to non-discrimination measures, including the Employment Non-Discrimination Act or ENDA, a bill pending in Congress that would ban employment discrimination based on sexual orientation and gender identity.

“I hope the HRC board of directors thinks about this,” said Mara Keisling, executive director of the National Center for Transgender Equality. “They do some very great things. But they are moving in the direction of marriage being their primary focus,” she said.

Keisling’s view was echoed by Maryland transgender advocate Dana Beyer, a former HRC board member, who said HRC appears to be evolving into a “marriage all the time” organization.

HRC officials have said it is devoting its resources to a wide range of programs and projects in addition to marriage equality. They say many of the projects are aimed at changing the minds of voters and lawmakers in an effort to line up the small number of additional votes in the U.S. House and Senate needed to pass ENDA.

Rep. Barney Frank (D-Mass.), the gay lawmaker and lead sponsor of ENDA in the House, has said the bill has no chance of passing until Democrats regain control of the House. Frank says Republican House leaders won’t allow the bill to come up for a vote, even though a sizable number of House Republicans are expected to vote for ENDA.

HRC supporters acknowledge that many in the LGBT community have questioned HRC’s capabilities and effectiveness, often fueled by HRC critics who say the group hasn’t been able to secure passage of ENDA. Some critics say HRC should have done more 2009 and 2010, when Democrats controlled the House and Senate with a Democratic president in the White House.

Arlington, Va., gay activist Bob Mialovich, an HRC member and contributor who retired recently as a federal government official, called such criticism unfair.

“I can understand peoples’ frustration, but the reality is we don’t have a majority of support in Congress to pass the bills we need to pass,” he said. “If you are not directly involved, you may not be aware of what HRC is doing. What I know is they are doing a lot.”

HRC spokesperson Fred Sainz has said HRC played a key role, along with other gay advocacy groups, in lobbying for passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which authorizes the federal government to prosecute hate crimes targeting LGBT people. Sainz also points to the success HRC and its partner groups have had in lobbying for repeal of “Don’t Ask, Don’t Tell.”

He said HRC worked closely with other groups to facilitate the Obama administration’s issuance of a large number of regulatory changes and federal agency rules that ban discrimination against LGBT people in healthcare, housing and other areas.

In addition to lobbying Congress, the White House and state and local governments on LGBT supportive bills and policies, and its election-related work on behalf of LGBT supportive candidates, HRC supporters point to a wide range of projects carried out by the HRC Foundation. Among them is the HRC Corporate Equality Index, which rates the nation’s Fortune 500 companies on whether their internal personnel policies ban discrimination based on sexual orientation and gender identity.

In its latest criteria for companies to obtain HRC’s highest rating in the Corporate Equality Index, the group raised the bar by calling for companies to include gender reassignment surgery for transgender employees in the companies’ health insurance plans. A large number of them have agreed to do so.

Other projects include a Healthcare Equality Index, which rates hospitals and other healthcare facilities on their treatment of LGBT people; a Welcoming Schools Program, that pushes for anti-bullying and other LGBT-supportive school policies; an All Children-All Families project that trains and sensitizes adoption agencies on LGBT families; and a Religion and Faith Program, which encourages LGBT-supportive clergy to speak out on LGBT issues, including same-sex marriage efforts.

Another program trains LGBT students enrolled in the nation’s historically black colleges to become student leaders in an effort to advance LGBT equality on their campuses.

HRC supporters also point to the group’s aggressive press and communications operation, which responds quickly and on a 24-hour basis to breaking developments by providing the media with statements and information on a wide range of issues, including responses to anti-LGBT groups or public officials.

The group’s 990 IRS finance report for 2010, the most recent one filed, shows that HRC and the HRC Foundation had a combined income of $39.8 million for the fiscal year running from April 1, 2010 to March 31, 2011.

With a staff of 150 full-time employees, the group’s revenue of close to $40 million makes HRC the largest national LGBT advocacy group. The group also owns its own office building in downtown Washington, an investment HRC officials and supporters have said helps the group advance its mission.

The building, among other things, houses a community event space that HRC calls the Equality Center, which often is used by local D.C. area LGBT organizations. The building includes a multimedia production facility. HRC says the building also generates income through the renting of surplus office space to outside groups and firms. The D.C. Office of Tax and Revenue has assessed the value of the building for 2012 at $16.6 million, an increase from its 2011 assessed value of $14.4 million.

‘Surplus of ill will’

Despite its income and broad range of programs, some critics say HRC has worked at cross purposes with other national and state LGBT organizations. In a development that created a stir among some activists, veteran gay rights advocate Matt Foreman, the former executive director of the National Gay and Lesbian Task Force and former head of New York’s statewide LGBT group Empire State Pride Agenda, wrote a strongly worded critique of HRC that was published last month in two widely read LGBT blogs.

“The reality is that we are two separate movements: the Human Rights Campaign and everyone else,” Foreman wrote. He said that while HRC and its leaders and staff have accomplished many important things, “the cause of LGBT equality has suffered because of a deficit of trust and a surplus of ill will between HRC and the rest of the movement.”

Foreman did not respond to a call from the Blade seeking to discuss further his criticism of HRC.

Leaders of statewide LGBT advocacy groups contacted by the Blade in California, Illinois, Texas, Georgia, Florida, Pennsylvania and D.C. each said they have an amicable working relationship with HRC. Although they declined to comment directly on Foreman’s views about HRC, the officials said it was not uncommon for LGBT advocates to disagree over strategy and tactics but that the groups they work with – including HRC – have always worked through the disagreements.

Rebecca Isaacs, the recently named executive director of the Equality Federation, a national group that represents LGBT advocacy organizations in the states, has been involved in LGBT movement groups on the national level since the 1980s, including her role as political director for the National Gay and Lesbian Task Force.

“HRC is part of the world of people with expertise on a lot of things,” Isaacs said, adding that Equality Federation is working with HRC on a number important issues occurring in the states. “We are dealing with 50 states, each with different people doing different things. My question is who wants to help? I’m not in any camp.”

Bil Browning, publisher of the Bilerico Project, an LGBT blog that published Foreman’s commentary criticizing HRC, said he was among HRC’s strongest critics in past years. But he said he has seen what he considers a major change for the better by HRC under Solmonese’s leadership.

Among other things, Browning said Solmonese greatly improved HRC’s relations with state LGBT organizations and significantly boosted HRC support for state and local initiatives. He said he saw this first hand as one of the leaders of the state LGBT group in Indiana, where Browning lived before moving to D.C.

According to Browning, HRC provided him with important support when he coordinated a successful effort to pass a non-discrimination ordinance in Indianapolis that includes protections for LGBT people.

“And as Indiana was fighting its marriage amendment battle, who was one of the first groups to stand up and say do you need cash, do you need polling, what do you need? It was HRC,” Browning said.

“I have to admit that for all my quibbles with HRC and some of the various stuff that they’ve done over the years, LGBT rights wouldn’t be as far as it is in Indiana without them,” he said.

Veteran gay Democratic activist Peter Rosenstein of D.C. was among some activists who viewed Foreman’s criticism as reflecting disagreements within the LGBT movement over tactics and strategy.

“While I agree with some of what Matt Foreman writes I think he needs to take some personal responsibility for the movement not being in sync,” said Rosenstein. “As he says, he had the opportunity to lead a national organization and it sounds like he still wants all things his way. I have often criticized HRC and I agree they should be more open and work more closely with the larger LGBT community. My hope is that they first do a truly open and wide ranging search for a replacement for Joe Solmonese.”

Longtime D.C. gay and Ward 8 community activist Phil Pannell, who has advocated for LGBT support within the city’s African-American community, said he’s been an HRC member for many years and thinks HRC does good work on the local and national level.

“I have seen HRC reach out the black community,” he said.

Rick Rosendall, vice president of the Gay and Lesbian Activists Alliance of Washington, D.C., said he is troubled over what he called “internecine sniping” over HRC in the LGBT movement.

“The reality is that all LGBT activists and donors do not share the same goals, priorities and approaches.” He said GLAA and HRC “haven’t always seen eye to eye, but we have had a mutually respectful and productive relationship for many years.”

He added, “HRC does a lot of useful things, but if someone doesn’t like them, there are plenty of other groups to support…. HRC has a large and loyal donor base, and its headquarters is not going to crumble because of one more harsh op-ed. Any movement as diverse as ours is inherently messy. Deal with it, folks.”

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Ecuador

Justicia reconoce delito de odio en caso de bullying en Instituto Nacional Mejía de Ecuador

Johana B se suicidó el 11 de abril de 2023

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(Imagen de cortesía)

Edición Cientonce es el socio mediático del Washington Blade en Ecuador. Esta nota salió en su sitio web el 9 de febrero.

A casi tres años del suicidio de Johana B., quien estudió en el Instituto Nacional Mejía, colegio emblemático de Quito, el Tribunal de la Corte Nacional de Justicia ratificó la condena para el alumno responsable del acoso escolar que la llevó a quitarse la vida.

Según información de la Fiscalía, el fallo de última instancia deja en firme la condena de cuatro años de internamiento en un centro para adolescentes infractores, en una audiencia de casación pedida por la defensa del agresor, tres meses antes de que prescriba el caso. 

Con la sentencia, este caso es uno de los primeros en el país en reconocer actos de odio por violencia de género, delito tipificado en el artículo 177 del Código Orgánico Penal Integral (COIP).

El suicidio de Johana B. ocurrió el 11 abril de 2023 y fue consecuencia del acoso escolar por estereotipos de género que enfrentó la estudiante por parte de su agresor, quien constantemente la insultaba y agredía por su forma de vestir, llevar el cabello corto o practicar actividades que hace años se consideraban exclusivamente para hombres, como ser mando de la Banda de Paz en el Instituto Nacional Mejía.

Desde la muerte de Johana, su familia buscaba justicia. Su padre, José, en una entrevista concedida a edición cientonce para la investigación periodística Los suicidios que quedan en el clóset a causa de la omisión estatal afirmó que su hija era acosada por su compañero y otres estudiantes con apodos como “marimacha”, lo que también fue corroborado en  los testimonios recogidos por la Unidad de Justicia Juvenil No. 4 de la Fiscalía. 

Los resultados de la autopsia psicológica y del examen antropológico realizados tras la muerte de Johana confirmaron las versiones de sus compañeras y docentes: que su agresor la acosó de manera sistemática durante dos años. Los empujones, jalones de cabello o burlas, incluso por su situación económica, eran constantes en el aula de clase. 

La violencia que recibió Johana escaló cuando su compañero le dio un codazo en la espalda ocasionándole una lesión que le imposibilitó caminar y asistir a clases.

Días después del hecho, la adolescente se quitó la vida en su casa, tras escuchar que la madre del agresor se negó a pagar la mitad del valor de una tomografía para determinar la lesión en su espalda, tal como lo había acordado previamente con sus padres y frente al personal del DECE (Departamento de Consejería Estudiantil del colegio), según versiones de su familia y la Fiscalía.

“Era una chica linda, fuerte, alegre. Siempre nos llevamos muy bien, hemos compartido todo. Nos dejó muchos recuerdos y todos nos sentimos tristes; siempre estamos pensando en ella. Es un vacío tan grande aquí, en este lugar”, expresó José a Edición Cientonce el año pasado. 

Para la fiscal del caso y de la Unidad de Justicia Juvenil de la Fiscalía, Martha Reino, el suicidio de la adolescente fue un agravante que se contempló durante la audiencia de juzgamiento de marzo de 2024, según explicó a este medio el año pasado. Desde entonces, la familia del agresor presentó un recurso de casación en la Corte Nacional de Justicia, que provocó la dilatación del proceso. 

En el fallo de última instancia, el Tribunal también dispuso que el agresor pague $3.000 a la familia de Johana B. como reparación integral. Además, el adolescente deberá recibir medidas socioeducativas, de acuerdo al artículo 385 del Código Orgánico de la Niñez y Adolescencia, señala la Fiscalía.

El caso de Johana también destapó las omisiones y negligencias del personal del DECE y docentes del Instituto Nacional Mejía. En la etapa de instrucción fiscal se comprobó que no se aplicaron los protocolos respectivos para proteger a la víctima.

De hecho, la Fiscalía conoció el caso a raíz de la denuncia que presentó su padre, José, y no por el DECE, aseguró la fiscal el año pasado a Edición Cientonce.

Pese a estas omisiones presentadas en el proceso, el fallo de última instancia sólo ratificó la condena para el estudiante.

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U.S. Military/Pentagon

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.

The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.

The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.

This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.

The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.

The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.

Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.

In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”

The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.

Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”

“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”

“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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The Pride flag in question that once flew at the Stonewall National Monument. (Photo from National Park Service)

Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.

The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.

The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”

That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.

The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.

The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.

“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”

“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.

“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.

The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.

The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.

In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.

Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.

“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”

The Washington Blade reached out to the NPS for comment, and received no response.

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