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DOJ, DOE reach anti-bullying deal with Minn. school district

Nine youths had committed suicide after being bullied

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The Obama administration has arranged an agreement requiring Minnesota’s largest school district to change its policies after it allegedly allowed students to be subjected to anti-gay harassment.

On Monday night, the Departments of Justice and Education announced it had come to an agreement with six student plaintiffs and the Anoka-Hennepin School District and filed a proposed consent decree with the U.S. District Court for the District of Minnesota.

According to a statement from the Departments of Justice and Education, the consent decree will remain in place for five years and require the Anoka-Hennepin School District to undertake several initiatives:

  • retain an expert consultant in the area of sex-based harassment to review the district’s policies and procedures concerning harassment;
  • develop and implement a comprehensive plan for preventing and addressing student-on-student sex-based harassment at the middle and high schools;
  • improve its training of staff and students on sex-based harassment;
  • appoint a Title IX coordinator to ensure proper implementation of the district’s sex-based harassment policies and procedures and district compliance with Title IX;
  • retain an expert consultant in the area of mental health to address the needs of students who are victims of harassment;
  • provide for other opportunities for student involvement and input into the district’s ongoing anti-harassment efforts;
  • improve its system for maintaining records of investigations and responding to allegations of harassment;
  • conduct ongoing monitoring and evaluations of its anti-harassment efforts;
  • and submit annual compliance reports to the departments.

The agreement that must still be approved by U.S. District Judge Joan N. Ericksen, who’s adjudicating litigation involved in the case, for it to take effect.

In November 2010, the Justice Department received a complaint alleging the school district — which educates more than 40,000 students and oversees 37 schools — was allowing anti-gay harassment of students because they weren’t conforming to gender stereotypes.

In a conference call with reporters on Tuesday, Thomas Perez, assistant attorney general for the Justice Department’s Civil Rights Division, said the consent decree “provides a comprehensive blueprint for sustainable reform” to enhance the Anoka-Hennepin School District’s policies to protect students.

“The consent decree will build upon the district’s existing anti-harassment efforts to help create  an environment where all students feel safe in school, are free from harassment and can be themselves,” Perez said.

Russlynn Ali, the Department of Education’s assistant secretary for civil rights, said the deal represents collaborative work to ensure students in the Anoka-Hennepin School District feel safe.

“We think their experience can be a model for other districts facing similar struggles, and we’re out here today to say that harassment of students based on failure to conform to gender stereotyping will be not tolerated,” Ali said.

No federal law prohibits schools from allowing harassment or discrimination on basis of sexual orientation or gender identity. However, the Obama administration found that the Anoka-Hennepin School District was in violation of Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, which prohibit harassment on the basis of gender, because schools allowed harassment against students who weren’t conforming to gender stereotypes.

In a “Dear Colleague” letter sent to school districts in November 2010, the Department of Education informed schools it could be violation of existing laws protecting against discrimination on the basis of gender if it allowed anti-LGBT harassment in schools.

In July, the National Center for Lesbian Rights and the Southern Poverty Law Center filed a lawsuit against the district on behalf of six students who say they experienced harassment and violence as a result of an anti-gay environment. As a result of this litigation, the district on the same day it announced it agreed the terms set forth by the Obama administration agreed to pay student plaintiffs a total of $270,000.

Shannon Minter, legal director of the National Center for Lesbian Rights, called the agreements “an important step” in making LGBT and gender non-conforming students feel safe in school.

“The district has committed to a detailed long-term plan to prevent and address harassment, as well as ongoing review of its implementation of the plan by federal agencies,” Minter said. “Along with the district’s repeal last month of its harmful and stigmatizing Sexual Orientation Curriculum Policy, which prevented teachers from effectively responding to harassment, this agreement points the way toward a better future for LGBT students in the district.”

On the same day the agreement was reached, the Justice Department filed a complaint as part of its standard practices to intervene in federal litigation against the Anoka-Hennepin School District. The complaint details harassment of ten students who are identified by letters such as Student A or Student B.

Student A alleged he was told “You’re a guy, act like it” was called “so gay” and “fag,” despite having never identifying his sexual orientation. Students spread false rumors that he was a “pedophile” and alleged he raped his mother. Additionally, other students threatened to kill him, pushed him, threw food at him and called him names nearly every day for two years.

In response, the district discouraged Student A from engaging in gender nonconforming behavior and implemented measures isolating Student A that failed to stop the harassment. One assistant principal allegedly told Student A’s parents to stop him from wearing feminine clothing to school. Staff members took away Student A’s feminine clothing and, in reference to his singing, told him, “Boys don’t do that.”

Another student, Student B, was allegedly called “‘gay boy,’ ‘homo,’ and ‘fag.'” He was allegedly pushed up against a wall and forcibly restrained. Students harassed him with taunts of a sexual nature, saying, ‘Your dads are gay, so you’re going to be gay. Why don’t you just go and suck their cocks now?’”

Student B identifies as straight, but, according to the complaint, participates in a sport “that his peers view as a feminine activity.” He was allegedly told he participates in “a girl’s sport,” and “If a boy is in a girl’s sport, then he must be gay.” Students allegedly also said, “Why don’t you join a real sport like football?”

As a result of this bullying, nine youths have committed suicide in this school district over the past two years. At least four suicide victims were victims of bullying because they were gay or perceived to be gay. Justin Aaberg, who was 15, hanged himself in July 2010 after being subjected to anti-gay harassment.

Anoka-Hennepin Superintendent Dennis Carlson called the consent decree “a positive statement” of the continuing efforts to ensure a “welcoming environment for all students and families in our district.”

“The District and its staff want the public to know that there is another side to the story that we have been and remain unable to tell due to data privacy laws: without exception, our staff investigated and responded properly to reported harassment,” Carlson said. “They disciplined students found to have bullied or harassed other students. However, no one would deny that bullying and harassment are real problems in our society and must be more thoroughly and consistently addressed.”

B. Todd Jones, U.S. Attorney for the District of Minnesota, emphasized the component of the deal requiring the district to hire by September a Title IX consultant to review school policy, including practices that could affect students at risk for mental health problems.

“By the end of the year, the mental health consultant hired by the school will prepare a comprehensive report to the school board with very specific recommendations, and by January of next year, the school will present a plan implementing those recommendations,” Jones said. “We firmly believe that this’ll make a real difference in the lives of students who are struggling as victims of harassment.”

According to the Minneapolis Star-Tribune, the Anoka-Hennepin School District board voted 5-1 on Monday to approve the agreement. The lone school board member to vote it, Kathy Tingelstad, resigned afterwards, reportedly citing concerns about cost, federal intervention in local schools and the precedent set for other districts.

In the conference call, Perez said the U.S. government is involved because it’s responsible for enforcing federal civil rights laws prohibiting against harassment in schools on the basis of gender.

“We have federal laws on the books that protect situations such as this, and so we are simply doing our job or ensuring equal educational opportunity and promoting a safe and healthy learning environment,” Perez said.

Perez said the cost of the deal over the course of five years was $500,000 based on estimates from the district superintendent, but added the district will have opportunities to access federal money to pay for initiatives.

“I think when you address the question of costs, you also have to address the question of benefits, and I think the benefits are priceless,” Perez said. “When you have a nurturing environment that enables students to learn that return on investment is absolutely priceless.”

Legislation that would explicitly ban discrimination against LGBT students, known as the Student Non-Discrimination Act, is pending before Congress. The bill is sponsored in the House by gay Rep. Jared Polis (D-Colo.) and in the Senate by Sen Al Franken (D-Minn.). The Obama administration has yet to endorse the legislation.

Perez said a having law on the books like the Student Non-Discrimination Act would “certainly be helpful,” but stopped short of offering a full-throated endorsement of the bill.

“We have had conversations with various stakeholders on the Hill and spoken about that, and are carefully reviewing that particular proposal,” Perez said.

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Michigan

Progressives score victory as El-Sayed wins Mich. Senate primary

Democratic newcomer will face Rogers in November

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Democratic Senate candidate Abdul El-Sayed (Screen capture via MS NOW/YouTube)

Michigan held its primary on Tuesday, allowing the two major political parties to select their nominees to go head-to-head for the state’s U.S. Senate seat.

NBC News called the Democratic race early, giving the victory to physician Abdul El-Sayed over incumbent U.S. Rep. Haley Stevens (D-Mich.) in an extremely close primary. El-Sayed won 48.5 percent of the primary vote, with Stevens trailing by just one percentage point at 47.5 percent.

Both candidates have campagined on supporting the LGBTQ community through different avenues— for El-Sayed he focused on his past promoting HIV and PrEP funding and research. Stevens focused on her legislative history working to support transgender rights in the state.

This is a major win for progressive Democrats, who have been bearing the brunt of political attacks from President Donald Trump, the Republican Party, and centrist Democrats.

El-Sayed, a former health director in Detroit, ran his campaign largely on making life in the Great Lakes State more affordable amid rising costs. His policies include promoting “Medicare for All,” pushing health policy that targets the regressive efforts of the Trump-Vance administration that rolls back funding for both Women and LGBTQ people, minimizing the growing amount of money in politics, and he was very vocal in his criticism of Stevens for supporting aid to Israel. He was endorsed by two major progressives — U.S. Sen. Bernie Sanders (I-Vt.) and U.S. Rep. Alexandria Ocasio Cortez (D-N.Y.).

Stevens, the four-term congresswoman, is much closer to establishment Democrats on policy than El-Sayed.

During her time in the federal government, she has consistently supported the Equality Act, which would add sexual orientation and gender identity as protected classes under the Civil Rights Act of 1964. She has also emphasized supporting local manufacturing and lowering housing costs in the state.

She was named to Advocates for Trans Equality’s 118th Congressional Champions list for her pro-trans policies and was endorsed by establishment heavy hitters Michigan Gov. Gretchen Whitmer and Senate Minority Leader Chuck Schumer (D-N.Y.).

The contentious race boiled down not only to Michigan affairs but also extended to international conflicts — namely Palestine. (South Africa has filed a case in the International Court of Justice in The Hague that accuses Israel of committing genocide in the Gaza Strip after Oct. 7.) This primary also acted as one of the first major races that pushed back against AIPAC, a lobbying group that works to promote pro-Israel candidates in U.S. elections. The group has been involved in domestic politics since 1954.

AIPAC devoted a massive amount of money to this race.

The Associated Press reported that the pro-Israel lobbying group spent more than $30 million on ads against El-Sayed because of his vocal denunciation of Israel and his continued criticism of its policies towards Palestine.

Michigan has a large Muslim and Arab American population, which could, in part, explain how El-Sayed was able to win.

The Republican side was far less competitive. Former U.S. Rep. Mike Rogers (R-Mich.) ran unopposed and clinched the GOP nomination. He has consistently held anti-LGBTQ positions, going as far as voting multiple times for a federal constitutional amendment to ban same-sex marriage, voting against repealing the military’s “Don’t Ask, Don’t Tell” policy, and supporting efforts to directly target the attempted expansion of Title IX protections to include trans people.

El-Sayed will face off against Rogers in November for Michigan’s Senate seat — one that could have lasting impacts not only on the state’s politics but also on the Republicans’ narrow Senate majority and Trump’s political agenda.

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White House orders warning signs at Smithsonian over gender identity exhibits

Administration criticizes National Museum of American History

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Secretary of the Interior Doug Burgum is expected to install warning signs outside the National Museum of American History warning visitors of supposedly anti-American content. (Photo courtesy of the Office of the Governor of North Dakota)

The Trump administration will install temporary warning signs outside the Smithsonian’s National Museum of American History after releasing a report accusing the museum of promoting what it calls “radical” gender ideology and other politically biased content.

According to the Executive Order, “For purposes of policy formulation under EO 14253, this review of the National Museum of American History concludes that NMAH, by the intention and at the direction of current Museum and Smithsonian leadership, has become subject to institutional capture by a radical, activist ideology that is fundamentally opposed to telling the noble, honest story of the great country we know and love.”

Executive Order 14253 refers to what the White House has deemed the “Restoring Truth and Sanity to American History” order. Therefore, the Trump administration has said it will take all available steps to ensure that the issues in the report are addressed and rectified.

Without specifying, the White House has stated that warnings will be posted along NMAH to alert visitors to sections of the museum it has deemed are in violation according to the report.

“The Secretary of the Interior, acting through the Director of the National Park Service (NPS) and in coordination with the Assistant to the President for Domestic Policy, shall install temporary signage along the NPS-maintained sidewalks and walkways used by the public to access the Museum, informing visitors of the findings of the Report and of the policy set forth in section 1 of this order,” the Executive Order states.

The warnings were raised in a 162-page report issued by the Domestic Policy Council. The report detailed ways in which the National Museum of American History (NMAH) has “poorly” portrayed American history and insufficiently highlighted the founding story during America 250th celebrations.

The report outlined key findings of the NMAH. One of these findings was the Center for Restorative History within the museum, which has stated its purpose is to “encourage systemic change” by highlighting diverse groups. However, the report states that it highlights every group of Americans except for straight and white Americans.

The Domestic Policy Council accused the museum of engaging in “transgender activism.” According to the report, examples include referring to “biological men” as women or girls, displaying what it describes as sexually suggestive content, and incorporating discussions of gender fluidity, gender identity, and gender nonconformity into the museum’s educational curriculum, “Becoming US.”

The report also criticizes the curriculum for using the term “transgender” when discussing gender-nonconforming people and encouraging individuals to ask a person’s pronouns when meeting them. It further objects to exhibits stating that “transgender, nonbinary, and cisgender female athletes” continue to struggle for and demand equality.

It also condemns what it refers to as explicit content in an exhibition, “Girlhood (It’s Complicated)”, such as chest binders, questioning gender testing in women’s sports, and referring to biological females as “people inhabiting female bodies.”

Additionally, the report accuses the museum of no longer participating in flag-celebrating ceremonies because it was “too busy” preparing for June Pride and WorldPride events. It states, “As Director Hartig explained in a June 2024 presentation, all her attention was focused on flying the Smithsonian Pride Alliance’s ‘intersexual pride flag during June’ in 2023 and 2024.”

On July 9, the American Historical Association issued a statement rejecting the report’s findings.

In regard to the report, it states, “Its anonymous authors overlook a central lesson of the nation’s founding: the United States was forged by finding common purpose amid intense divisions, conflicts, and disagreements.” They argue that only “honest history” can tell the true history of the nation.

House Republicans led a subcommittee hearing that questioned Smithsonian Director Hartig extensively. A main focus of the questions was on the exhibits related to gender identity and whether they were appropriate. In the hearing, Rep. Nancy Mace asked: “When was your gender revealed to you, Dr. Hartig?”

In response to questioning, Hartig stated that the institution is nonpartisan and does not push a specific agenda.

Hartig published a two-page statement ahead of her hearing outlining her thoughts on the situation. In the report, she states that the institution is always open to criticism and will continue to look for ways to improve, but she sees the report as misleading.

“I can attest that the report does not fairly characterize the full body of work at this museum. I am familiar with the depth and breadth of our collections, exhibits, and programming. And while I recognize there is always room for improvement, I also know the beauty, inspiration, and expertise that exists in our museum,” Hartig wrote.

Democrats created their own 16-page report as a rebuttal to the Domestic Policy Council’s report. It argued that the attacks by the current Trump administration are another example of its attempt to rewrite history. Additionally, the report states that no policy changes were included in the Executive Order, as that is beyond the President’s role. “The Report recommends nothing. That is no accident. To recommend an action, the Report would need to identify who is legally empowered to take it, and its own opening chapter concedes the President’s only power is to ‘urge’,” House Democrats wrote.

It is still unclear when the temporary warnings will be installed or what form they will take beyond the requirements outlined in the executive order.

An exhibit at the Smithsonian. (Washington Blade photo by Landon Shackelford)

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Trump ends direct HIV prevention funding to community groups

Advocates say transfer of funds to states may disrupt local programs

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The Trump administration will discontinue direct federal funding of community-based organizations that provide HIV prevention services. (Washington Blade file photo by Michael Key)

A decision by the U.S. Office of Management and Budget (OMB) at the request of the Trump administration to discontinue direct federal funding of community-based organizations and clinics that provide HIV prevention services has raised concern among community health advocates, including LGBTQ advocates.

 News surfaced earlier this month that the OMB informed the U.S. Centers for Disease Control and Prevention that it would not renew $46 million in funding for 96 community-based organizations that provide HIV testing, referrals to medical care, and arrangements for obtaining pre-exposure HIV prevention medication known as PrEP that has been shown to be 99 percent effective in preventing HIV infection.

Under the new policy arranged by OMB, the funds will be redirected to the states to be allocated to state and local health departments. The policy calls for states to encourage but not require their respective state and local health departments to allocate some of those funds for community-based organizations. Under the new policy, the funding is scheduled to last until May of 2027, before a renewal decision is made.

Some political observers have speculated that the decision to end direct federal funding to community-based organizations could be motivated by the Trump administration’s hostility to diversity, equity, and inclusion or DEI programs and organizations that promote those programs, with the belief that some of the groups receiving the federal HIV prevention funds are promoting DEI.

Carl Schmid, executive director of the D.C.-based HIV+ Hepatitis Policy Institute, is among the leaders of many AIDS advocacy organizations expressing strong opposition to the OMB action. Schmid said that in places like D.C. and some states, local officials will be willing to redirect the federal funds to local community-based organizations.

A list of the 96 community-based organizations across the country that are currently receiving the federal AIDS funds includes the D.C.-based Whitman-Walker Health, which has a long history of healthcare support for the LGBTQ community, and La Clinica del Pueblo, which reaches out to the Latino community.

 Schmid said Whitman-Walker and La Clinica del Pueblo have longstanding good relationships with the local D.C. government.

“But other states and jurisdictions don’t have that relationship with the community-based organizations,” Schmid said. “It depends on the state,” he said, adding, “Not all states send their money to the communities that really need it most. And not all states are fast in getting money to the community-based organizations.” 

Spokespersons for Whitman-Walker and La Clinica del Pueblo couldn’t immediately be reached for comment on whether they think the Trump administration’s latest action related to funding will adversely impact their respective organizations.  

 Schmid said under the current federal grant program slated to be discontinued, which has been in effect for at least five years, HIV-related health organizations receiving the federal grant funds were eligible for an existing federal policy enabling them to purchase HIV-related medication, including the PrEP prevention medication, at a significant discount from pharmaceutical companies. With the ending of the direct federal HIV funds to community-based organizations, Schmid said it was unclear whether problems may surface in obtaining drug discounts.

“They could still qualify as a sub-grantee from a state,”  Schmid said. “But what if they don’t get that grant again? They would not be able to qualify to obtain the drugs” at the discounted price, he said.

Among the organizations expressing strong concern over the decision to discontinue the direct HIV prevention funding to community-based organizations has been the Federal AIDS Policy Institute and its subgroup called the HIV Prevention Action Coalition.

In a July 22 letter bearing the names of 71 community-based organizations from throughout the country sent to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and Centers for Disease Control and Prevention Acting Director Jay Bhattacharya, the group called for the Trump administration to “reconsider” ending the current funding policy.  

 “Ending this program without a clear plan for what comes next would dismantle prevention infrastructure that has taken more than three decades of federal investment to build and do so just as that long record of measurable returns is accelerating,” the letter states.

It says the initiative by President Trump in his first term as president to end the HIV epidemic and reduce new HIV infections by 90 percent by 2030 was moving ahead by the funding program for community-based organizations that the administration now wants to end. 

“Discontinuing this program would also cost far more than it saves,” the letter says. “Every HIV transmission prevented avoids an estimated lifetime treatment cost of roughly half a million dollars per person to the healthcare system – costs that fall heavily on taxpayer-funded programs, including Medicaid, Medicare, and the Ryan White HIV/AIDS program,” the letter continues.

“The choice before the administration is straightforward: a modest, targeted investment in prevention now, or far greater public expense for treatment later,” the letter concludes. 

Spokespersons for the OMB and the Department of Health and Human Services, which oversees the CDC, have not immediately responded to news media requests for comment on the opposition to the funding change policy.

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