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White House responds to Va. anti-gay adoption bill

Placement shouldn’t be based on ‘discriminatory and irrelevant factors’

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The White House, in response to a Washington Blade inquiry about anti-gay adoption legislation moving through the Virginia Legislature, said Monday night President Obama believes adoption placement shouldn’t be “based on discriminatory and irrelevant factors.”

“While the president does not weigh in on every single action taken by legislative bodies in our country, he has long believed that we must ensure adoption rights for all couples and individuals based on their interest in offering a loving home, not based on discriminatory and irrelevant factors,” said Shin Inouye, a White House spokesperson. “He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families.”

Legislation is moving through the Republican-controlled Virginia Legislature that would allow private adoption agencies to discriminate in placements conflicting with their religious or moral beliefs, including on the basis of sexual orientation. The Virginia House voted last week 71-28 to pass the bill and the Senate is likely to vote on it in the coming days. Gov. Bob McDonnell (R) is expected to sign the bill should it reach his desk.

Current policy in Virginia prevents unmarried couples — straight or gay — from adopting. But critics say the new legislation would codify the policy into law.

Jeff Caldwell, a McDonnell spokesperson, reaffirmed via email in response to the White House statement that the governor supports the adoption legislation because it allows faith-based agencies to place children in homes in accordance with their beliefs.

“If/when it passes the General Assembly and reaches his desk, he will sign it,” Caldwell said. “The governor has expressed his belief that faith-based adoption agencies should not be required to conduct adoption services that run counter to their religious beliefs, understanding that these organizations conduct a large portion of the state’s adoptions and could cease working to find homes for these children if they feel they cannot do it in accordance with their beliefs.”

But, according to committee testimony from the Family Equality Council, the legislation would go beyond faith-based agencies and allow all licensed organizations to make placement decisions in accordance with religious or moral policies. Additionally, the group says the bill isn’t limited to religious beliefs and would allow private entities to withhold placement based on any kind of moral objection.

Federal legislation pending before Congress known as the Every Child Deserves a Family Act would trump the pending anti-gay bill in Virginia by allowing the U.S government to restrict federal funds from going to states that have laws or practices allowing for discrimination in adoption on the basis of LGBT status.

The legislation is sponsored by Rep. Pete Stark (D-Calif.) in the House and Sen. Kirsten Gillibrand (D-N.Y.) in the Senate. President Obama has said he’s generally supportive of adoption rights for all couples, but he hasn’t yet declared support for the measure.

Asked whether Obama would endorse the federal bill as a means of countering the Virginia measure, Inouye said in the same statement, “While we have not reviewed Congressman Stark’s legislation, we share its goals to expand adoption rights and move the dialogue forward on this issue.”

Jennifer Chrisler, executive director of the Family Equality Council, said in a statement her organization shares concerns about the Virginia adoption bill and the belief that discriminatory factors shouldn’t prevent children from finding homes.

“We are gravely concerned about the proposed legislation in Virginia because it attempts to place the private religious beliefs of organizations above the best interests of children in the public foster care system,” Chrisler said. “President Obama has long believed that every child deserves a loving family and that all qualified parents who can provide a stable family should be considered and not face discrimination. We join with the president in expressing support for the goals of the Every Child Deserves A Family Act so that our country can open up every available home to the 424,000 children in foster care.”

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5 Comments

5 Comments

  1. Chris

    February 7, 2012 at 10:06 am

    This is why I moved from Virginia. Virginia legislature is absolutely ridiculous, and the politicians need to come back to earth.

  2. David Lampo

    February 7, 2012 at 1:12 pm

    This article misses the most important part of the story. These adoptionl agencies receive millions of dollars in taxpayer funds, yet at the same time, they want the right discriminate against some of the very people who are subsidizing them. If religious adoption agencies want to discriminate, they should not get a dime from taxpayers.

  3. brian

    February 7, 2012 at 4:15 pm

    Chris, I know LGBT Virginians residing far south of the Rappahannock very much appreciate the Blade’s reporting on LGBT-related developments out of Richmond. And every time we go to visit, I feel a little less like a ‘missionary’.

    Kudos to all our LGBT online reporters and DC activists for keeping an eye on our wacky-but-evolving Commonwealth next door!

  4. guest

    February 7, 2012 at 6:33 pm

    Good Job VA, it’s good to see there are still some moral people left in this part of the country,
    like what do gay couples want with kids? what are they gonna teach them? now if we could stop teaching Gay lessons in schools to our kids we could reverse the process of indoctrinating our youth into becoming atheist Homosexuals which public schools and Media push down their throats maybe we could reverse the disgusting trend and get back to our values.

    one nation under God, VA we salute you.

  5. blue-heron

    February 8, 2012 at 8:22 am

    Contact your Congressmen & Senators.

    Tell them to support the Every Child Deserves a Family Act.
    http://www.contactingthecongress.org/

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National

West Virginia’s capital bans conversion therapy for LGBTQ kids

Conversion therapy is widely opposed by prominent professional medical associations including the American Medical Association

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The City of Charleston, West Virginia waterfront (Photo Credit: The City of Charleston)

CHARLESTON, W.Va. – The City Council of West Virginia’s capital city became the first municipality in the state to enact an ordinance banning the widely discredited practise of conversion therapy. In a 14-to-9 vote, the council passed the ordinance Monday to protect LGBTQ youth from the practise.

Conversion therapy is widely opposed by prominent professional medical associations including the American Medical Association, the American Psychological Association, and the American Academy of Pediatrics. The proposed ordinance carries a fine of up to $1,000 for violations.

“All of Charleston’s children deserve love and respect for who they are, and no one should be in the business of trying to shame or humiliate teenagers out of being LGBTQ,” said Andrew Schneider, executive director of Fairness West Virginia. “Our city’s medical and faith communities came out strongly in support of this bill to ban the dangerous and discredited practice of conversion therapy, and I congratulate members of city council for bravely approving it.”

“The Trevor Project is thrilled to see historic action being taken in West Virginia to protect LGBTQ youth from the dangers of conversion therapy. This discredited practice is not therapy at all — it’s been debunked by every major medical organization and shown to increase suicide risk,” said Troy Stevenson, Senior Advocacy Campaign Manager for The Trevor Project. “We are hopeful that this victory will help catalyze the passage of state-wide protections in the Mountain State, ensuring that no young person in West Virginia is subjected to this fraud at the hands of mental health providers.”

 A total of 20 states, as well as the District of Columbia, the Commonwealth of Puerto Rico, and 94 municipalities (mostly located in Florida, Ohio, Pennsylvania, Wisconsin, Michigan, and Minnesota), have banned the practice of conversion therapy on minor clients. Minnesota and Michigan’s Governors earlier this year signed executive orders that prohibit state funds being expended on the practise.

Research Findings:

  • According to The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health, 13% of LGBTQ youth reported being subjected to conversion therapy, with 83% reporting it occurred when they were under age 18. LGBTQ youth who were subjected to conversion therapy reported more than twice the rate of attempting suicide in the past year compared to those who were not.
  • According to a peer-reviewed study by The Trevor Project published in the American Journal of Public Health, LGBTQ youth who underwent conversion therapy were more than twice as likely to report having attempted suicide and more than 2.5 times as likely to report multiple suicide attempts in the past year.
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HRC sues Tennessee over bathroom bill as school year starts

“The state’s political leaders are making Tennessee a dangerous place for our daughter, & other children like her.”

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Estes Kefauver Federal Building & Courthouse, Nashville Tennessee (Photo Credit: U.S. Courts)

NASHVILLE – The Human Rights Campaign, (HRC) has filed suit in the U. S. District Court for the Middle District of Tennessee challenging the Tennessee law that denies transgender students, faculty, and staff access to the bathroom, locker rooms and other sex-segregated facilities consistent with their gender identity. 

The suit filed Tuesday by the Washington D.C. based LGBTQ advocacy group joined by the law firms of Linklaters and Branstetter, Stranch, & Jennings PLLC,  is on behalf of two Trans students currently enrolled in Tennessee schools and alleges that the law violates Title IX, the 1972 federal law that protects against sex discrimination in education.

HRC in a press release noted that its federal suit was brought on behalf of 14-year-old Alex* and his parents, Amy A. and Jeff S., as well as 6-year-old Ariel* and her parents, Julie and Ross B.

“Alex is excited to start high school this fall where he will be an honor student. His family relocated to Tennessee in 2018 to build their ‘forever home’ in an incredibly supportive and tight-knit neighborhood and Alex takes pride in being involved in his community and has created strong friendships among his peers at school.”

We didn’t know we had a trans child when we relocated to Tennessee—if Alex had come out to us before the move, we wouldn’t have come here. It makes me so angry that our elected officials have chosen to target trans kids. If lawmakers were to take the time to get to know my son, they would see that he is an amazing, smart, caring, creative person who has so much to offer. Alex just wants to be a regular kid. He should be able to look forward to starting high school without the added layer of anxiety about something as basic as using the bathroom

Amy and Jeff

He came out as transgender before the 7th grade, however, in 7th grade he was not allowed to use the boys’ restroom. Instead, Alex was forced to either use the school nurse’s private bathroom or the restroom that corresponded to his gender assigned at birth—not due to statewide legislation, but instead due to the school policy. Both options were alienating and isolating for Alex who instead stopped drinking liquids at school to avoid having to use the facilities.

Due to COVID-19 pandemic-related issues, Alex transferred to a private school for 8th grade that affirmed his gender identity, including permitting access to the boys’ restroom—Alex enjoyed a great year, without incident. He is also looking forward to starting high school at the public school near his home, but due to Tennessee’s anti-Trans bathroom law, He will again be forced into using restrooms that are stigmatizing or forgo using the bathroom altogether.

To protect Alex, Amy and Jeff are considering moving from their beloved community and leaving their ‘forever home’ behind out of fear for Alex’s safety at school and emotional wellbeing, the statement concludes.

In the case of the second plaintiff, HRC noted: Similar to Alex, Ariel’s family built their ‘forever home’ from the ground up in a neighborhood they fell in love with and that fills Julie, Ross, and Ariel with happiness and friendship.

Ariel began expressing her gender identity at 2 years old and when she was nearing 4 years old, Julie read the children’s book “I Am Jazz,” to Ariel that tells the story of a transgender girl. When the main character explains that she “has a boy body with a girl brain.” Ariel immediately lit up with excitement and eagerly told her mother, “that’s me, momma, I have a boy body with a girl brain.”

Since Ariel began her social transition at 4 years old, her classmates, their parents, teachers and school administrators have only known Ariel as her authentic self. When she was enrolled in kindergarten, her school was receptive and understanding of her gender identity and has largely protected Ariel from stigmatizing experiences.

In anticipation of Ariel starting 1st grade at a different school this fall, Julie reached out to the principal to discuss accommodations for her daughter.

Since Tennessee’s bathroom law is enacted, Ariel will have to use the boy’s restroom or the private nurse’s bathroom despite only ever using the girl’s restroom. Due to her young age, Ariel does not understand the law’s ramifications or why she is being told to use the boy’s bathroom.

The state’s political leaders are making Tennessee a dangerous place for our daughter, and other children like her. We are extremely worried about her future here, and the bills that are being passed have put us in panic mode. They are attacking children that cannot defend themselves for what appears to be political gain over a non-existent problem. We wish our leaders would take the time to speak with transgender youth and adults—instead, their fear of the unknown is unnecessarily leading their actions and causing irreparable harm to these children

Julie and Ross

Julie and Ross are also considering moving out of Tennessee due to these anti-transgender laws out of fear for their growing daughter, the statement concluded.

Under Title IX of the Education Amendments of 1972; Title IX expressly prohibits discrimination on the basis of sex in federally funded education programs. In June the U.S. Education Department announced it would expand its interpretation of federal sex protections to include transgender and gay students. The new policy directive means that discrimination based on a student’s sexual orientation or gender identity will be treated as a violation of Title IX.

The lawsuit also alleges that the law violates the Equal Protection and Due Process Clauses of the U.S. Constitution. Earlier this month, the U.S. Supreme Court’s decision to deny certiorari in Grimm v. Gloucester County School Board left in place a federal circuit court decision recognizing the rights of transgender students under the Equal Protection Clause and Title IX.

In July a federal judge blocked a new law in Tennessee that required businesses and other entities that allow transgender people to use the public restroom that matches their gender to post a government-prescribed warning sign.

“This law is bad for businesses in Tennessee, and most importantly, harmful to transgender people,” said Hedy Weinberg, ACLU of Tennessee executive director. “We are glad the court saw that this law is likely unconstitutional and hope that the state gives up the wasteful effort to defend discrimination and a violation of the First Amendment.”

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Federal prosecutors declined to prosecute 82% of hate crimes

DOJ report says ‘insufficient evidence’ was main cause

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U.S. Department of Justice

Federal prosecutors, who are referred to as United States Attorneys, declined to prosecute 82 percent of 1,864 suspects investigated for violating federal hate crime laws in all 50 states and D.C. during the years of 2005 to 2019, according to a newly released report by the U.S. Department of Justice’s Bureau of Justice Statistics.

The 15-page report, released on July 8, cites insufficient evidence as the reason suspects were not prosecuted in 55 percent of the federal hate crime cases. The report says “prioritization of federal resources” was the reason for a decision not to prosecute 15 percent of the suspects. 

It says 13 percent of the suspects were not prosecuted by U.S. Attorneys because the suspect was “subject to the authority of another jurisdiction,” and another 13 percent were not prosecuted because the federal government lacked legal jurisdiction to file a hate crime charge. 

The report, entitled Federal Hate Crime Prosecutions, 2005-2019, does not disclose the category of the victims targeted for a hate crime by the suspects whose cases were or were not prosecuted. 

In its annual hate crimes report as required under the U.S. Hate Crimes Statistics Act, the FBI provides information on hate crimes based on a victim’s race/ethnicity/ancestry; religious affiliation; sexual orientation; gender identity; disability; and gender.

The FBI’s most recent hate crimes report released in November 2020, and which covers the year 2019, shows that hate crimes based on a victim’s sexual orientation represented 16.8 percent the total number of hate crimes reported to the FBI for that year, the third largest category after race and religion. 

The FBI report shows that 4.8 percent of the total hate crimes reported to the FBI in 2019 were based on the victim’s gender identity. 

These figures suggest that at least some of the hate crimes cases that U.S. Attorneys declined to prosecute were cases involving LGBTQ people as victims. 

The Bureau of Justice Statistics report also does not disclose whether or how many of the suspects who were not prosecuted for a hate crime violation were prosecuted for the underlying criminal offense that was investigated by federal prosecutors as a possible hate crime.

Law enforcement officials, including D.C. police officials, point out that a hate crime is not a crime in and of itself but instead is a designation added to an underlying crime such as assault, murder, destruction of property, and threats of violence among other criminal offenses. Most state hate crimes laws, including the D.C. hate crimes law, call for an enhanced penalty, including a longer prison sentence, for a suspect convicted of a crime such as murder or assault that prosecutors designate as a hate crime. 

Tannyr M. Watkins, a spokesperson for the DOJ’s Bureau of Justice Statistics, told the Blade in response to a Blade inquiry that the bureau did not have access to data it received from U.S. Attorney’s offices throughout the country about whether hate crime suspects were prosecuted for an underlying crime when the U.S. Attorney’s declined to prosecute the suspect for a hate crime.

The Bureau of Justice Statistics report released last month says that out of the 17 percent, or 310, of the hate crime suspects who were prosecuted between 2005-2019, 92 percent, or 284, whose cases were brought before a U.S. District Court, were convicted. And 85 percent of those convicted received a prison sentence, the report says. 

“Forty percent of the 284 hate crime convictions during 2005-2019 occurred in federal judicial districts in six states – New York (30), California (26), Texas (19), Arkansas (15), Tennessee (13), and Pennsylvania (12),” the report states. It says that during this 15-year period all but 10 states saw at least one hate crime conviction. In addition, there were two federal hate crime convictions in D.C. during that period, according to the report.

The U.S. Attorney’s Office for the District of Columbia, unlike U.S. Attorneys in the 50 states, prosecutes criminal offenses under both D.C. law and federal law under D.C.’s limited home rule government. In the 50 states, most hate crimes are believed to be prosecuted by state and local prosecutors.

Former D.C. U.S. Attorney Jessie Liu has stated that the D.C. Office of the U.S. Attorney has prosecuted most criminal cases in which a hate crime arrest was made but the office dropped the hate crime designation due to lack of sufficient evidence. Liu said the office has continued to prosecute the suspect for the underlying charge, which often included a charge of assault or destruction of property.

The Bureau of Justice Statistics report says U.S. Attorneys use five federal hate crimes related statutes to prosecute suspects for hate crimes. Among them is the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, which is the only federal hate crimes law that includes protections for LGBTQ people.

LGBTQ activists hailed the Shepard-Byrd law as an important breakthrough because it authorizes federal prosecutors to prosecute anti-LGBTQ hate crimes in states whose hate crimes laws do not cover hate crimes based on the victim’s sexual orientation or gender identity.

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