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Holder calls on LGBT attorneys to advance cause of equality

Att’y gen’l addresses annual gay lawyer convention

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U.S. Attorney General Eric Holder (Blade file photo by Michael Key)

U.S. Attorney General Eric Holder called on LGBT lawyers Thursday night to draw on their “considerable passion and expertise” to build on the progress the Obama administration has already made on advancing LGBT rights.

During his keynote speech at the LGBT Bar Association’s annual Lavender Law Conference, Holder said those in attendance are or will be “uniquely situated to use the power of the law” to create a more equal society.

“And you have not only the power, but – I believe – the solemn responsibility, to do precisely that: to safeguard the rights and freedoms of everyone in this country, and to carry on the critical but unfinished work that lies ahead,” Holder said.

Holder added as he looked around the room that he “can’t help but feel optimistic” about where the efforts of attendees will take the country in the months and years ahead.

The attorney general delivered the remarks before an estimated 1,000 people at the dinner, which took place during the three-day conference at the Washington Hilton in D.C. Attendees discussed the conference as they dined on steak and salmon dinners prepared by the hotel’s kitchen.

During his speech, the attorney general ticked off numerous accomplishments of the Obama administration on LGBT issues, including repeal of “Don’t Ask, Don’t Tell,” the discontinuation of defending the Defense of Marriage Act in court and working with school districts to investigate and address bullying. Additionally, Holder said the Justice Department continues to “fight for” passage of the Employment Non-Discrimination and an updated Violence Against Women Act with LGBT protections.

Holder cited a Connecticut district court’s recent ruling against Section 3 of DOMA as part of the fallout of the Justice Department’s decision to no longer defend the anti-gay law — noting the judge shared the Obama administration’s belief that laws related to sexual orientation should be subjected to heightened scrutiny, or the assumption they’re unconstitutional.

“Since then, we’ve seen an encouraging – and increasing – number of courts hold this provision to be unconstitutional, including a federal district court in Connecticut that found that Section 3 fails to survive heightened constitutional scrutiny just last month,” Holder said.

Holder was well received by the audience, which gave him a standing ovation both upon his entrance to the stage and his exit.

Jonah Richmond, a gay 25-year-old student at Vermont Law School, said seeing Holder’s speech was the “opportunity of a lifetime” because of the historic nature of the times on LGBT rights.

Richmond added he was stricken by Holder’s commitment to not defend DOMA and the attorney general’s willingness to cite his LGBT attorneys in the Justice Department to show “he’s very comfortable working with them.”

Steve Ralls, a spokesperson for Immigration Equality, was in attendance during the speech and expressed a similar satisfaction with the attorney’s general remarks.

“I thought the attorney general’s speech was fantastic,” Ralls said. “He did a great job of highlighting the work the administration has done on behalf of the community and highlighting that there’s work left to be done.”

After if anything was absent from the speech that he wished he heard, Ralls replied, “Immigration Equality has a number of outstanding asks to the attorney general and other Cabinet agencies. We remain optimistic that the record of this administration will continue in the direction of progress. We hope by the this time next year, we’ll hear about all the great couples that are getting green cards.”

Among the outstanding requests Immigration Equality has for the administration is placing the marriage-based green card applications for bi-national same-sex couples in abeyance so they can remain together in the United States without fear of deportation.

The attorney general’s full prepared remarks follow:

REMARKS AS PREPARED FOR DELIVERY BY ATTORNEY GENERAL ERIC HOLDER AT THE 2012 LAVENDER LAW CONFERENCE

Thank you, D’Arcy, for those kind words – and thank you all for such a warm welcome.  It’s a pleasure to be here tonight, and a privilege to join with each of you – and with so many members of the National LGBT Bar Association – in celebrating and renewing our shared commitment to advancing the cause of equality for lesbian, gay, bisexual, and transgender individuals.

I’d particularly like to recognize the Association’s staff and entire leadership team, and to thank them for all they’ve done to bring us together for this year’s Lavender Law Conference and Career Fair. For more than two decades, this important annual event has brought together hundreds of legal practitioners and law students from across the country. This conference provides an opportunity to highlight the extraordinary work that this organization’s members are leading and participating in every day.  And it offers a chance to reflect on the progress that, especially over the past few years, each of you has helped make possible – and to reaffirm our determination to carry this essential work into the future.

Because of your dedicated efforts, you have made this year’s gathering the largest minority recruiting event in the country, and the most successful Lavender Law Conference yet – with over 260 employers in attendance, including multiple representatives from the United States Department of Justice. In fact, I’m pleased to report that tonight we’re joined by a number of senior Deparment leaders, as well as five United States Attorneys who are strong LGBT allies: Melinda Haag, from the Northern District of California; David Hickton, from the Western District of Pennsylvania; Amanda Marshall, from the District of Oregon; Stephen Wigginton, from the Southern District of Illinois; and Robert Pitman, from the Western District of Texas.

Through workshop sessions, career counseling, and panel discussions, this conference is providing a unique platform for mentoring and engagement among some of the best attorneys in America on cutting-edge legal issues. You’re helping to call attention to the obstacles and biases – in forms both overt and subtle – that continue to affect far too many LGBT Americans every day. And you’re encouraging collaboration, cooperation, and more effective advocacy as we seek to design and implement innovative strategies for confronting the most persistent challenges that far too many Americans face.

As Attorney General, I consider it a privilege to be part of this annual gathering, and to join such a diverse group of partners, colleagues, and friends in working to strengthen our nation’s legal community, and legal system. And as an American, I am deeply proud to stand with you in celebrating the remarkable, once-unimaginable progress that – particularly over the past three and a half years – your leadership and coordinated efforts have helped to bring about.

We’ve come together at an exciting moment. Thanks to the work of tireless advocates, activists, and attorneys in – and far beyond – this room, our nation has made great strides on the road to LGBT equality and the unfinished struggle to secure and protect the civil rights of all< Americans. For President Obama, for me, and for our colleagues at every level of the Obama Administration, this work has long been a top priority – and I’m pleased to note that it has resulted in meaningful, measurable, and enduring change. We can all be proud that, today – for the first time in history – those who courageously serve their country in uniform need no longer hide their sexual orientation.  As we approach the one-year anniversary of the end of "Don’t Ask, Don’t Tell," it’s worth celebrating the fact that so many brave servicemen and women can now serve their country proudly, honestly, openly, and without fear of discharge.  We can take pride in the fact that, early last year, President Obama and I directed Justice Department attorneys not to defend the constitutionality of Section 3 of the Defense of Marriage Act.  Since then, we’ve seen an encouraging – and increasing – number of courts hold this provision to be unconstitutional, including a federal district court in Connecticut that found that Section 3 fails to survive heightened constitutional scrutiny just last month. And we can be encouraged by the robust efforts that our nation’s Department of Justice is leading to ensure the vigorous enforcement of civil rights protections in order to safeguard LGBT individuals and others from the most brutal forms of bias-motivated violence. Thanks to the outstanding leadership of my good friend, Assistant Attorney General Tom Perez – and the dedication of skilled investigators, attorneys, law enforcement officials, and support staffers within the Department’s Civil Rights Division and throughout its partner agencies – today, this work is stronger than ever before. And our resolve to meet evolving threats with renewed vigilance has never been more clear. This past April, the Department issued its first-ever indictment for a hate crime based on sexual orientation under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act – a landmark measure signed into law by President Obama in 2009, which many of the people in this room helped to move forward – in relation to an alleged anti-gay crime in Kentucky. Since then, we’ve continued to review reported incidents that may fall under this legislation. Under this law, we’re working to strengthen our ability to achieve justice on behalf of those who are victimized simply because of their sexual orientation or gender identity. And we stand ready to vigorously pursue allegations of federal hate crimes wherever they arise; to bring charges whenever they are warranted; and to support the efforts of our state and local law enforcement partners to enforce their own hate crimes laws. The Civil Rights Division is also taking the lead in bolstering our ability to educate and train federal, state, local, and tribal law enforcement officials on sexual orientation and gender identity-based discrimination, in order to ensure that those who serve on the front lines are well-equipped to prevent, identify, and stop it wherever it occurs. Just last month, the Department filed an historic consent decree with the City of New Orleans to address allegations of discrimination and harassment by local police, including against LGBT individuals. In this agreement, and in our broader efforts to combat such actions, we have demonstrated the importance – and the effectiveness – of working closely with elected and appointed authorities to identify troubling practices, to correct patterns of repeated violations, and to craft policies and procedures that ensure the rights and freedoms of the citizens that our law enforcement officers are sworn to serve and protect.  In recent years, we’ve taken significant steps to raise awareness about the role that community leaders, public officials, and educators can play in protecting a variety of vulnerable populations – particularly the youngest members of our society.  And we’ve worked to expand and extend these protections to make certain that our children can feel safe in their homes, on our streets – and especially in our schoolyards and classrooms. As many of you know all too well, every school year, bullying touches the lives of countless young people. As we’ve seen all too clearly, it can have a devastating – and potentially lifelong – impact.  In response, the Department has been collaborating with educators, administrators, and students in school districts nationwide to investigate and address this troubling behavior. We’re working with our partners – including federal allies like the Department of Education, under the leadership of Secretary Arne Duncan – to explore ways to stop harassment and bullying before it starts.  In places like Minnesota’s Anoka-Hennepin School District – where an investigation found that some students faced threats, physical violence, derogatory language, and other forms of harassment on a daily basis – we’ve successfully engaged with school districts and advocates to resolve harassment allegations and lay out detailed blueprints for sustainable reform. As we move forward, we will continue to promote safe and healthy learning environments; to support a Student Non-Discrimination Act that would allow us to better address harassment and bullying based on an individual’s real or perceived sexual orientation or gender identity; to provide assistance to bullying victims; and to work closely with local leaders, parents, educators, and young people themselves to make certain that all of our students can feel safe – and free to be themselves – in school. Beyond these efforts, the Justice Department continues to support – and to fight for – legislative and policy reforms like an inclusive Employment Non-Discrimination Act, which would extend protections to LGBT individuals in all workplaces, and an updated Violence Against Women Act that would ensure that the law’s non-discrimination provisions cover sexual orientation and gender identity. Even in the face of extraordinary budget challenges, we remain determined to use every available resource to build the necessary institutional and legal frameworks to end harassment, violence, and discrimination – and to provide the safeguards that, for LGBT Americans, my fellow citizens, are long overdue. But my colleagues and I aren’t merely content to advocate, and speak out, for these changes and reforms. We understand the importance of leading by example. And that’s why the Justice Department – and a wide range of agencies throughout the Administration – have taken decisive action to help create a more inclusive work environment for our own employees. To strengthen our mission of serving all Americans by recruiting – and retaining – highly-qualified individuals, like you, who reflect our nation’s rich diversity. And to make a sustained and concerted effort to provide the opportunities, support, and respect that every aspiring public servant needs to develop, to grow, and to thrive both personally and professionally. No one understands the importance of creating such an environment – or has advocated more passionately on behalf of the LGBT community – than President Obama. Thanks to his leadership, this Administration has made historic strides in adopting inclusive policies and sending a clear message that the federal government is “open for everyone,” and that it is an employer that accepts and respects every potential employee. For instance, within the Justice Department, I launched a new Diversity Management Initiative in 2010 in order to expand and strengthen strategies and programs for promoting fairness, equality, and opportunity for every member of the DOJ family – which today includes an increasing number of openly gay or lesbian U.S. Attorneys – including my good friend, Robert Pitman – as well as senior Department leaders, U.S. Marshals, the keynote speaker at your Transgender Law Institute and three of the attorneys recently named to the National LGBT Bar Association’s “Best Lawyers Under 40,” and an extremely dedicated, and ever-expanding, membership of a wonderful organization known as “DOJ Pride.” Earlier this summer, we held a Department-wide training workshop for managers across the country – which was conducted by a nationally-recognized expert on diversity and workplace inclusion, Dr. Richard Friend – who discussed lesbian, gay, bisexual and transgender inclusion as an imperative for effectively recruiting new talent and fully engaging all individuals in the workplace. In addition, the Bureau of Prisons has announced that every federal prison will appoint an LGBT representative to their Affirmative Employment Program, to help start a dialogue about issues facing staff members who serve in more than 120 facilities nationwide. Now, I believe these new actions and policies constitute promising steps in the right direction.  But, like everyone here tonight, I also recognize that our journey – as a nation, and as a legal profession – is far from over. I know the progress we seek won’t always come as quickly as we might hope, or as easily as we would like. And that’s why, tonight, I’m not just here to thank you for all you’ve done to help bring us to this point; to highlight the Administration’s efforts in service of the same cause; or to celebrate everything that we’ve achieved together. I’m also here to ask for your continued help, to draw on your considerable passion and expertise, and to reiterate the Department’s commitment – and my own – to building on the momentum we’ve established, and ensuring that the recent successes we’ve seen are just the beginning. As current – and aspiring – leaders of the bench and bar, everyone here tonight understands what’s at stake. You realize how important every hard-fought legal victory – large and small – really is.  You are – or soon will be – uniquely situated to use the power of the law, as well as your own gifts and knowledge, to help build a more fair, more equal, and more just society. And you have not only the power, but – I believe – the solemn responsibility, to do precisely that: to safeguard the rights and freedoms of everyone in this country, and to carry on the critical but unfinished work that lies ahead. Of course, this never has been – and never will be – easy.  But as I look around this room, I can’t help but feel optimistic about where your efforts will lead us – and how far our collective commitment will take us – in the months and years ahead.  With the benefit of your partnership and the strength of your passion, I know that we can – and I’m confident that we will – continue the work that has become both our shared priority and common cause.  And I look forward to all that we will surely accomplish together. Thank you.

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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