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White House staying out of Prop 8 litigation

Carney won’t say if Obama wants nat’l ruling in favor of marriage equality

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White House Press Secretary Jay Carney answers questions at the White House daily briefing

White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney declined to directly answer a question about whether the Obama administration wants the U.S. Supreme Court to take up litigation challenging California’s Proposition 8 or allow a lower court ruling striking down the same-sex marriage ban to stand.

In response to a question from the Washington Blade, Carney deferred to the Justice Department on whether the White House wants the high court to take up the case as a way to obtain a national ruling on same-sex marriage, or, as the plaintiffs have asked, let the ruling from the U.S. Ninth Circuit Court of Appeals stand to allow gay couples in California to marry immediately.

“That’s quite a question and I will ask you to direct it to the Justice Department,” Carney said. “I’m not going to make policy toward Supreme Court cases from here.

Carney also was mum in response to a follow-up question about whether Obama would generally support the idea of the Supreme Court taking up litigation that would institute marriage equality across the country.

Shaking his head “no,”  Carney replied, “I don’t have anything to say on that at this time.”

Nanda Chitre, a spokesperson for the Justice Department, responded to a follow-up inquiry on the Prop 8 lawsuit, saying, “We are not a party to this litigation and would decline further comment.”

Litigation challenging Proposition 8, now known as Hollingsworth v. Perry, has been docketed for the Supreme Court during its conference on Sept. 24. If justices decide to let the lower ruling stand, it would enable same-sex couples to marry in California.

Also docketed next week is one of the cases challenging DOMA, Windsor v. United States. The Justice Department has already asked the high court to take up the Windsor case — as well as other DOMA cases — to enable a national ruling on DOMA’s constitutionality. The Supreme Court may wait for a later conference when briefing for other DOMA cases is done to decide whether to take up cases challenging the constitutionality of the anti-gay law.

Evan Wolfson, president of Freedom to Marry, said in response to the exchange during the press briefing that he’s confident Obama believes in a constitutional right to marriage equality based on the “powerful and heartfelt case for the freedom to marry” that the president delivered in May.

“And I am sure that as president and as a constitutional law scholar, he well understands that the freedom to marry is a constitutional freedom, as recognized in cases such as Loving v. Virginia, which in 1967 ended different-race restrictions on marriage, just as we are today working to end same-sex restrictions on marriage,” Wolfson said. “As Justice Thurgood Marshall later wrote, ‘although Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals.’ I am confident President Obama understands the Constitution’s clear command, and the work we all must do to pave what we at Freedom to Marry call on our website “the roadmap to victory” in the Supreme Court.”

The American Foundation for Equal Rights, the organization behind the Prop 8 litigation, declined to comment on the Blade’s exchange with Carney.

Washington Blade: There’s going to be a lot of attention on the Supreme Court next week because it will consider whether to take up several pending marriage cases related to both the Defense of Marriage and California’s Proposition 8. The Justice Department has already made its views known on the DOMA cases, but given the president’s previously stated opposition to Prop 8 and his support for marriage equality, does the administration want the Supreme Court to take up the Prop 8 case in hopes of making some national ruling on same-sex marriage, or, as plaintiffs in the case have requested, do you prefer that the court allow the lower court ruling to stand striking down the marriage ban ruling just in California?

Jay Carney: That’s quite a question and I will ask you to direct it to the Justice Department. I’m not going to make policy toward Supreme Court cases from here.

Washington Blade: Generally speaking, though, would the president welcome the Supreme Court taking a case in which they could rule in favor of same-sex marriage across the country?

Carney: Yeah. I don’t have anything to say on that at this time.

UPDATE: This article has been updated to include a response from Evan Wolfson and the response from the Justice Department.

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Biden admin: Discrimination against LGBTQ kids illegal under Title IX

In contrast, Trump DOJ sided with anti-trans laws

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The Biden administration made official on Wednesday its position that discrimination against LGBTQ kids in schools is illegal under federal law at a time when states have enacted measures prohibiting transgender kids from playing in school sports or obtaining transition-related health care.

The Education Department, in a notice of interpretation signed by Secretary of Education Miguel Cardona, declared it would enforce Title IX of the Education Amendments of 1972, which bars discrimination on the basis of sex in schools, to prohibit discrimination both on the basis of sexual orientation and gender identity.

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections” Cardona said in a statement. “I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students — including LGBTQ+ students — deserve the opportunity to learn and thrive in schools that are free from discrimination.”

In contrast, the Trump administration had interpreted Title IX to exclude cases of anti-transgender discrimination in schools. In fact, the Justice Department under former President Trump filed a legal brief in defense of an Idaho law against transgender kids in sports in ongoing litigation against the statute.

Just this year, a number of states have enacted similar laws. Florida Gov. Ron DeSantis, a potential 2024 presidential candidate, said upon signing into law a measure banning transgender kids, that status would go “based on biology.” Arkansas has enacted a law over the veto of its governor making criminal the providing of transition-related care to transgender kids.

The notice of interpretation is consistent with the executive order President Biden signed on his first day in office instructing federal agencies to prohibit anti-LGBTQ discrimination to the furthest extent possible in the wake of the U.S. Supreme Court’s decision in Bostock v. Clayton County. In his executive order, Biden specifically spelled out students should be able to go school without being  “denied access to the restroom, the locker room or school sports.”

It wasn’t immediately clear whether the Biden administration would follow up on the memo with legal action against states with anti-transgender laws. The Education Department didn’t immediately respond to an inquiry on the issue.

The White House has consistently referred questions on whether the Biden administration would take up legal action against states enacting anti-transgender laws to the Justice Department, which hasn’t responded to multiple requests for comment.

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As NYC Pride nears, ban on police seen as support for trans, BIPOC attendees

Organizers to provide ‘community-based security and first responders’

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A scene from NYC Pride in 2019. (Washington Blade file photo by Michael K. Lavers)

NYC Pride announced last month that it would no longer allow corrections and law enforcement exhibitors to participate in NYC Pride events until 2025. The decision is in accordance with NYC Pride’s commitment to create safe spaces for marginalized LGBTQ groups including BIPOC and transgender individuals at their Pride festivities.

“Effective immediately, NYC Pride will ban corrections and law enforcement exhibitors at NYC Pride events until 2025. At that time their participation will be reviewed by the Community Relations and Diversity, Accessibility, and Inclusion committees, as well as the Executive Board,” reads NYC Pride’s statement. NYC Pride is scheduled for June 27. 

To make sure that safety regulations are still adhered to at events, NYC Pride will “transition to providing increased community-based security and first responders, while simultaneously taking steps to reduce NYPD presence at events.”

Police officers being banned from participating in Pride parades and festivities is not an unfamiliar conversation to LGBTQ advocacy and activist groups in North America. In 2018, Capital Pride in D.C. announced that uniformed officers would not be allowed to march in the Pride parade. In 2019,  Pride Toronto announced that uniformed police officers would not be permitted to attend any Pride Toronto events. 

The announcement was preceded by a voting session that took place among Pride Toronto members. Global News, a Canadian news platform, reported a final result of 163-161, disallowing police participation in Pride Toronto events.

Global News also reports that Pride Toronto committed to using their $1.25 million federal grant to examine the LGBTQ community’s feelings regarding police, and to forge a way forward. 

In solidarity with the #BlackLivesMatter movement, Vancouver Pride Society announced in 2020 that police officers were no longer welcome to march and exhibit during any of Vancouver Pride Society’s festivities. 

“The roots of Pride are in righteous anger, riot and uprising against police brutality. These riots against the violence of the police were led by Black and Brown trans women and queer people. The Stonewall Riots propelled gay movements from assimilationist tactics towards unapologetic Pride. These riots worked,” reads Vancouver Pride Society’s statement. 

The organization also pledged to ensure public safety by participating in calls to defund the police and “commit to learning and convening community dialogues about what these alternative forms of managing public safety look like.”

Why ban the police? The decision from NYC Pride was simple: given the law enforcement’s history of police brutality in America, there is a need to ensure that BIPOC and transgender individuals who attend Pride events can do so comfortably, without feeling vulnerable at events meant to be safe havens that allow full, unabashed identity expression and manifestation. 

“After many interactions between the police and LGBTQ community locally, [including] the passive aggressive moves between the NYPD and peaceful protestors in Washington Square Park last year, we have to look at the history,” said André Thomas, NYC Pride co-chair. “The ability to welcome Black, Brown, and trans Americans at our events is an even higher priority than for someone to be able to wear police uniform in a parade.”

It is no secret that BIPOC and transgender communities are some of the most vulnerable groups when it comes to interactions with corrections and law enforcement officers. 

Mapping Police Violence reports that in 2020, Black people constituted 28% of those killed by the police despite only constituting 13% of the country’s population. The 2015 U.S. Transgender Survey also reports that Black transgender people were 50% more likely to report that their interactions with police officers as suspecting them of soliciting sex work and leading to an arrest. In addition, the Movement Advancement Project reports in a 2017 study that nearly 40% of incarcerated girls identify as LGB and 85-90% of incarcerated LGBTQ youth are LGBTQ youth of color. 

With this in mind, NYC Pride’s goal is to make their events harm-and-fear-free for members of the LGBTQ community. 

To supplement the absence of corrections and law enforcement officers at NYC Pride events, the organization will provide community-based security companies and first responders who will ensure that Pride events are secure and will also be on standby in case of emergencies. 

As part of their training, the security companies are primed on how to deal with all kinds of situations including responding to an active shooter. 

“Our staff has gone through active shooter training and everything it entails including what they’re wearing and how they’re identifiable to the community,” said Thomas. “We want to ensure people that even though the NYPD may be a block away, there is still security [present] to take care of your needs.”

A lot of NYC Pride’s information regarding security measures is currently being relayed through social media and reportage from various news sources. 

“We tweeted about our meetings that we had with the NYPD to reinforce public safety after the initial news broke out of what’s been going on,” said Thomas. 

Regarding whether NYC Pride will implement this year’s model for next year’s Pride, “[NYC Pride is] figuring out what works and what doesn’t,” said Thomas. “We’re trying to do things in a hybrid model with some limited in-person and some virtual events. We’re going to figure out what to keep and what to change, and this will influence the planning and processes that we do.”

As for future Prides, Thomas wants everyone to remember this: “It’s always someone’s first Pride, and so, you want to be able to give someone that special experience. So, for future Prides, we’ll be working on greater inclusivity and representation.”

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National LGBTQ Task Force welcomes new leadership

Mayra Hidalgo Salazar named deputy executive director

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Mayra Hidalgo Salazar is the new deputy executive director of the Task Force. (Photo courtesy Task Force)

Earlier this month, the National LGBTQ Task Force named Mayra Hidalgo Salazar as its new Deputy Executive Director. Hidalgo Salazar joined the then newly appointed Executive Director Kierra Johnson as part of the Task Force’s new and growing leadership team that will continue to advocate for LGBTQ individuals across the country while paying close attention to intersectionality as a crucial component of LGBTQ activism. 

As part of a statement released by the Task Force, Hidalgo Salazar said, “I am overjoyed to stand on the shoulders of the giants, elders in our movement who started the National LGBTQ Task Force over 40 years ago. The seeds that the Task Force has planted in training and developing LGBTQ+ leaders for nearly 5 decades are in full bloom.”

As Hidalgo Salazar embarks on this new journey, it is clearer for her that fighting for LGBTQ rights is important now more than ever. 

Hidalgo Salazar was introduced to LGBTQ activism at age 17. She worked on the Trail of Dreams in 2010, a 1,500-mile walk from Miami to Washington, D.C., in support of immigrant rights. The Trail of Dreams’s goal, according to Amnesty International, was to “[raise] awareness about broken U.S. immigration laws and to demand fair and humane immigration law and policy.” 

During her time working on this campaign, Hidalgo Salazar became more personally acquainted with the concept of intersectionality, in addition to her basic academic understanding of the concept. 

“Before I could really understand what intersectionality meant…this campaign really showed me, in action, a great example of what it looks like to support people and support our community, which is not living single-issue lives,” said Hidalgo Salazar. “Two of the walkers [at the Trail of Dreams] were actually a queer couple: Isabel Sousa Rodriguez and Felipe Matos, and, it’s interesting because all of the demands that the campaign was making people really understood them as solely immigrant rights or immigrant justice issues.”

This realization, showed Hidalgo Salazar that to adequately advocate for the LGBTQ community, activists must recognize that LGBTQ individuals inhabit multiple identities, such as undocumented immigration status, that shape their realities as members of the queer community. 

Being a young activist did not come without its challenges for Hidalgo Salazar. She acknowledges that while passionate about her work, she was not prepared for the emotional baggage that accompanies leadership. 

“I will say that now at 29, I can recognize that I wasn’t emotionally prepared for a lot of things leadership would bring my way,” said Hidalgo Salazar. “I was part of the first generation of undocumented people in Florida that started coming out publicly, and it was a very different time for immigrant justice than it is now.”

Hidalgo Salazar further remarked, “There were so many people who were afraid and even outraged, people who said ‘No don’t do that; you can’t do that; you’re putting yourself at risk; you’re putting yourself and your family in danger’ and, I think so many of us were at a place where our current existence was unbearable.”

Hidalgo Salazar is grateful that she did not let those remarks cloud her vision and stand in the way of the work she was doing. Given this, her main advice to young and upcoming activists is to “actively listen and carve your own path” amid people whose relationship to risk will force them to impose their problems on young activists. Simultaneously, she also believes in practicing self-care as it establishes longevity within the activism world.

“I can’t tell you how many gifted, incredible organizers I know who have burned out before they were even 25. There’s environmental reasons for this and also, it’s about how we hold — or don’t — our boundaries. So, self-care is really important,” said Hidalgo Salazar. 

Spearheading new era of leadership

As Hidalgo Salazar embarks on her new role with the LGBTQ Task Force, one of the goals at the forefront of her mind is to “level-up” the work that has already been done by her predecessors and existing leaders within the LGBTQ activism space. 

“I think [that in] any role I undertake, it’s super important that I’m building a bench, that I am leveling up the existing leaders. That’s just important for me when I think about the longevity of this work and really building a culture of passing on the torch and normalizing it,” said Hidalgo Salazar. 

Hidalgo Salazar will also support Kierra Johnson’s vision to build the Task Force’s organizing efforts, and better train, support, and defend local grassroots power. Having worked with undocumented youth at United We Dream  as the development director, Hidalgo Salazar understands the importance of having an organized front of directly impacted people ready to mobilize and hold those in power accountable.

“The Task Force used to have a field organizing team that was in the double digits in the ‘80s and ‘90s. Right now, our organizing team is three people, and as we’ve seen these past four years, no one advancement and policy is actually ensured unless we have an organized base of grassroots leaders,” said Hidalgo Salazar. “So, part of what Kierra Johnson is wanting to settle down at the Task Force is really building out [our] local organizing arm.” 

In addition to this, Hidalgo Salazar brings a deep understanding of America as it exists today and how integral youth are to mobilizing masses to demand change. She is aware of the power and fervor Generation Z possesses and how this passion has become one of the main driving forces of modern day activism. 

“[Young people] are at the forefront of social change across so many different issues from climate change, to immigrant justice, to uprisings against police brutality, and so many more,” said Hidalgo Salazar. “We are forging a future for ourselves and we’re inviting people to come with us; and we’re going [in full force].” 

Ultimately, Hidalgo Salazar’s work will be aimed at preserving and continuing the tradition at the Task Force of approaching LGBTQ activism and advocacy with a strong consciousness surrounding intersectionality, a tradition that she appreciates. 

“I think the Task Force has done such an amazing job at really focusing not just on how different genders and sexualities are criminalized, but also working from this place of really innovating and creating a space where folks can enter a sex-positive framework really young,” said Hidalgo Salazar. 

Hidalgo Salazar’s modus operandi will focus on participating in an exercise where LGBTQ individuals outline and work toward what they would like their liberation to look like. 

“I think it’s about being able to articulate the alternative worlds we want to live in. And when I think about intersectionality at the Task Force, we have the first-ever Black bisexual woman and the first woman with an undocumented immigrant experience in leadership,” said Hidalgo Salazar. “So, there’s so much opportunity for us to really leverage our own stories so that more people that maybe didn’t see themselves as part of the LGBTQ movement per se, can see this work as relatable.” 

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