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ENDA was focus of Log Cabin meeting with Romney

No commitments on specific legislation

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R. Clarke Cooper, Mitt Romney, Jim Kolbe, Republican Party, Election 2012, Log Cabin Republicans, gay news, Washington Blade

Republican presidential nominee Mitt Romney (center) with Log Cabin’s R. Clarke Cooper (left) and former U.S. Rep. Jim Kolbe (photo courtesy Log Cabin)

A meeting that took place at a Virginia farmhouse between officials from Log Cabin Republicans and Republican presidential nominee Mitt Romney included a discussion about workplace non-discrimination, but attendees who spoke to the Washington Blade wouldn’t enumerate any commitments made by Romney.

R. Clarke Cooper, Log Cabin’s executive director, said workplace non-discrimination protections were the focus of the meeting, which took place Oct. 17 at Greenwood Farm in Leesburg, Va., which was a precursor the organization’s endorsement of the candidate announced on Tuesday.

The Log Cabin chief was non-commital when asked if he gathered from the meeting that Romney would sign a version of the Employment Non-Discrimination Act if it reached his desk.

“I can say with confidence that the Romney administration would work on desirable outcomes for workplace non-discrimination,” Cooper said. “I’m going to leave it broad like that because I think there’s room for administrative action as well as legislative. I also think it’s probably fair to say that legislation in a form of an ENDA or an ENDA-like legislation is certainly realistic.”

The Nation’s Ben Adler reported that Romney secretly promised Log Cabin he would sign ENDA, but doesn’t want to make that position public for fear of upsetting the religious right. Nowhere in the current version of The Nation’s piece does Cooper say he received a commitment on ENDA. In conversations with the Blade, Cooper insisted Romney never committed to signing any legislation.

Previously, the Washington Blade reported Log Cabin was seeking clarity on ENDA before making its endorsement decision. Romney supported the legislation as a U.S. Senate candidate in 1994, but in later years backed away from that support. The GOP nominee hasn’t addressed the legislation over the course of the 2012 presidential campaign.

During the meeting, Cooper said Romney was “very interested” in talking about different state laws on workplace discrimination for LGBT people. A total of 21 states have laws barring job discrimination against gay, lesbian and bisexual people; 16 states and D.C. protect all LGBT people from job bias.

“He is aware that there is a kind of patchwork or quilt of states that don’t, and that inequity was something of discussion,” Cooper said. “Some states have it, and some states don’t and this is where it gets confusing and problematic from an administrative standpoint as well.”

Cooper said he impressed upon Romney that ENDA would be consistent with his goals for economic stimulus and job growth because many major businesses have non-discrimination policies in place and discrimination may be preventing LGBT Americans from entering the workforce.

Asked if there was any portion of the current version of the legislation to which Romney objected, Cooper said Romney didn’t express concern about any particular language and did not object to protecting people from discrimination on the basis of gender identity.

According to Cooper, the Romney campaign took the lead in initiating the meeting — not Log Cabin — after a series of discussions between the group and the campaign. Those in attendance at the meeting, which lasted about 15 minutes, were Romney, gay former U.S. House Rep. Jim Kolbe and Log Cabin staffer Casey Pick and a Romney staffer. Neither Cooper nor Kolbe would identify the campaign staffer who accompanied Romney.

Kolbe, a Log Cabin member who’s also a trustee of the organization, stopped short of saying Romney offered any firm commitments on federal workplace non-discrimination protections, but said they were discussed during the meeting.

“He gave us a firm personal view of opposing workplace discrimination without endorsing ENDA specifically,” Kolbe said. “I think that it’s an area of opportunity where we have an opportunity to make a lot of headway with him.”

Kolbe said he also brought up immigration issues affecting same-sex couples — such as the inability of gay Americans to sponsor their foreign partners for residency. Kolbe faces that problem with his own partner, Hector Alfonso. Kolbe said Romney acknowledged him by nodding, but offered no further response.

According to Cooper, the meeting was a culmination of discussions that took place between between Log Cabin and the Romney campaign on issues of concern to the organization — including LGBT issues — over the course of the year.

Cooper said he’s previously spoken to Romney — notably during an exchange following the candidate’s speech at the Conservative Political Action Committee where the Log Cabin chief said he disagreed with him on the Defense of Marriage Act — but the exchange at the farmhouse was their most extensive meeting.

“That was the most substantive meeting that we had with them,” Cooper said. “That was the culmination from dialogue meetings and information exchanges with various personnel on the campaign.”

One option that the White House has said President Obama would not take at this time is an executive order prohibiting federal contractors from discriminating against LGBT workers. Both Cooper and Kolbe said that directive wasn’t discussed at the meeting, but Log Cabin has engaged with the Romney campaign previously on the issue.

Asked if the Romney campaign has offered any commitment on the executive order, Cooper replied that it would be in line with the candidate’s position that he opposes discrimination.

“I don’t want to get ahead of the governor on this, but I can tell you that was something on the table,” Cooper said.

While shying away from making any firm commitments on workplace protections, Cooper said Romney was firm deciding not to overturn “Don’t Ask, Don’t Tell” repeal or hospital visitation rights for same-sex couples, which the Obama administration already mandated for hospitals receiving Medicare and Medicaid funds.

Both positions were articulated by Romney before, but Romney’s commitment to the latter came into question over the weekend when Romney adviser Bay Buchanan told Buzzfeed on Saturday Romney still supports a Federal Marriage Amendment, but believes hospital visitation should be determined by the states under the Tenth Amendment.

“There’s not going to be a retreat by President Romney on repeal of ‘Don’t Ask, Don’t Tell,” Cooper said. “There’s not going to be a retreat on hospital visitation.”

Cooper said he didn’t get a sense from Romney on how high a priority passing a Federal Marriage Amendment would be for the candidate, but said he impressed upon Romney the organization’s desire to repeal the Defense of Marriage Act.

“We were very, very clear not only to Gov. Romney, but to the campaign staff that were working to repeal the Defense of Marriage Act,” Cooper said. “That was part of our legislative portfolio. They clearly understood that.”

The Romney campaign didn’t immediately respond to the Washington Blade’s request for comment on the meeting.

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U.S. Federal Courts

Second federal lawsuit filed against White House passport policy

Two of seven plaintiffs live in Md.

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Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.

The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”

Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.

“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.

Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.

The lawsuit notes he legally changed his name and gender in New York.

Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”

Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.

“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”

“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

Lambda Legal represented Zzyym.

The State Department policy took effect on April 11, 2022.

Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

A federal judge in Boston earlier this month issued a preliminary injunction against the executive order.  The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.

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Federal Government

HHS to retire 988 crisis lifeline for LGBTQ youth

Trevor Project warns the move will ‘put their lives at risk’

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Robert F. Kennedy, Jr. appears on HBO's "Real Time with Bill Maher" in April 2024. (Screen capture via YouTube)

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.

Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.

“Suicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.

“Ending the 988 Suicide and Crisis Lifeline’s LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens — it will put their lives at risk,” they said in a statement. “These programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nation’s young people with strong bipartisan support in Congress and signed into law by President Trump himself.”

“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.”

The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.

“I worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,” said Janson Wu, director of advocacy and government affairs at the Trevor Project. “I worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end — and that will only deepen their crisis.”

Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.

The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agency’s chronic disease programs.”

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U.S. Supreme Court

Supreme Court hears oral arguments in LGBTQ education case

Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.

The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.

The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.

“LGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. “They matter so students can see themselves and their families in the books they read — so they can know they’re not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”

She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”

Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Women’s Law Center announced their submission of a 31-page amicus brief in a press release on April 11.

“All students benefit from a school climate that promotes acceptance and respect,” said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal.  “Ensuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.”

The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.

Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.

Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.

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