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Hagel fails to impress some LGBT advocates

White House defers LGBT military policy questions to testimony

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Chuck Hagel, gay news, Washington Blade
Chuck Hagel, Secretary of Defense, gay news, Washington Blade

Defense secretary nominee Chuck Hagel is still facing questions from advocates on LGBT military policy. (Washington Blade photo by Michael Key)

LGBT rights supporters are seeking more from Defense Secretary nominee Chuck Hagel in the aftermath of testimony in which he expressed a commitment to gay and lesbian troops.

In written testimony before the Senate Armed Services Committee on Thursday, Hagel built upon earlier comments to express support for “Don’t Ask, Don’t Tell” repeal and committed to “move forward expeditiously” on the issue of outstanding partner benefits for gay service members.

LGBT advocates say they appreciate Hagel’s commitment, but want him to make good on his promises and act on LGBT military issues that he hasn’t yet addressed.

The Human Rights Campaign emphasized the importance of Hagel taking action upon confirmation to extend benefits to troops with same-sex partners. Among the outstanding benefits that could be extended administratively are military IDs, joint duty assignments and access to family programs.

“We were glad to see Sen. Hagel’s clear statement of support for gay and lesbian service members and their families,” said HRC Vice President of Programs Fred Sainz. “If confirmed, we expect Sen. Hagel to make good on his statements and act immediately to ensure that all military families have equal access to all military benefits available to them under the law.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said she’s happy Hagel articulated a commitment to gay troops, but hopes he’ll “exercise future leadership” to lift the barriers for transgender service members.

“Sen. Hagel’s commitment toward full implementation of DADT repeal and providing equal benefits to the same-sex spouses of service members was encouraging,” Carey said. “If confirmed, we hope he will exercise further leadership on LGBT issues and work to remove Defense Department barriers that prevent transgender people from serving their country openly.”

Another request came from Allyson Robinson, executive director of OutServe-SLDN, who issued a statement following the hearing calling on Hagel to extend non-discrimination protections in the military to LGBT troops. Currently, gay service members have no recourse for claims of discrimination and harassment other than their chain of command.

“If Sen. Hagel is confirmed, he must use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual, and transgender members of the military,” Robinson said.

GetEQUAL, among the LGBT groups that had come out in opposition to Hagel, seemed to budge a little in the wake of the confirmation hearing, but also was looking for a greater commitment.

Heather Cronk, managing director for GetEQUAL, said she’s glad Hagel made the commitments for gay service members, but is looking now for “specifics behind that commitment” to offer support.

“Our key questions are whether Hagel will implement a non-discrimination policy, since DADT repeal didn’t include one, and whether that policy will immediately allow transgender service members to serve openly,” Cronk said. “If he will answer both of those questions in the affirmative, we’ll be more convinced that his values align with the stated values of the Obama administration.”

White House Press Secretary Jay Carney deferred Blade requests to elaborate on Hagel’s LGBT military policy views to his previously stated testimony:

Washington Blade: Jay, following the confirmation hearing yesterday, the LGBT military group OutServe-SLDN issued a statement saying Sen. Hagel as defense secretary must “use his authority to ban discrimination and guarantee equal opportunity for lesbian, gay, bisexual and transgender members of the military.” That non-discrimination, unlike the benefits issue, has heretofore gone unaddressed during the confirmation process. Does the White House expect Hagel to make this policy happen if he’s confirmed as defense secretary?

Jay Carney: I would just point you to numerous answers the senator gave in response to questions about his support for the president’s positions on issues regarding LGBT rights, including with regard to service in our military. I don’t have anything more you, but the president’s positions on these issues are clear, and he continues to intend to make progress them as he made clear in his inaugural.

Blade: Sen. Hagel did express in written responses to questions that he’d move “expeditiously” on the benefits issue, and you said last week the issue has the president’s attention. But when will these benefits be enacted?

Carney: Well, I think expeditiously is when they will get attention, as Sen. Hagel rightly answered, and, hopefully, with him at the Pentagon as soon as possible.

Carney’s remarks suggest that LGBT advocates will have to wait for Hagel to take the helm of the Pentagon for action on partner benefits for gay troops as opposed to having them enacted under the watch of outgoing Defense Secretary Leon Panetta, who’s been under pressure to make the changes.

The time when Hagel will be faced with these issues may come soon. Senate Armed Services Chair Carl Levin (D-Mich.) said during the hearing a committee vote will take place Thursday, and a floor vote should take place soon after.

However, without a single Senate Republican expressing support, questions persist over whether 60 votes are present in the Senate to overcome a filibuster of his nomination.

The Log Cabin Republicans, which took out a full-page ad against Hagel in the New York Times and another in the Washington Post, remains opposed to the Hagel nomination even in the wake of his confirmation hearing.

Gregory Angelo, Log Cabin’s interim executive director, echoed some Republicans who accused Hagel of flip-flopping in his positions as he pursues the position of defense secretary.

“Sen. Hagel did so much flip-flopping, waffling and walking back on his prior statements on Iran, Israel and Iraq yesterday that we find no reason to assume he won’t shift his opinion on his opportunely timed, new-found support for the repeal of ‘Don’t Ask, Don’t Tell’ as well,” Angelo said. “Yesterday’s hearings only underscored what Log Cabin Republicans has been saying all along: Chuck Hagel is the wrong choice for Secretary of Defense.”

One key voice in the LGBT community who hasn’t yet articulated a final position on Hagel one way or the other is lesbian Sen. Tammy Baldwin (D-Wis.) — even though other Democratic senators who have pro-LGBT records like Charles Schumer (D-N.Y.) and Mark Udall (D-Colo.) have come out in favor of the nomination.

During an appearance on MSNBC’s “Hardball” last month, Baldwin said she’d ask Hagel “tough questions” about his vision for the post-“Don’t Ask, Don’t Tell” military but hasn’t yet commented publicly on the issue further. Her office didn’t respond to a request to comment.

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Utah

VIDEO: Utah deal promoted as national model for LGBTQ rights, religious liberty

Data finds state has 2nd highest support for LGBTQ rights

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(Screen capture via YouTube)

A new video from the premier LGBTQ group in Utah, challenging the idea LGBTQ rights must be at odds with religious liberty, promotes an agreement reached in the state as a potential model to achieve a long sought-after update to civil rights law at the federal level.

The video, published Friday by Equality Utah, focuses on a 2015 agreement in Utah between the supporters of LGBTQ rights and the Mormon Church to enact a compromise acceptable to both sides. The agreement by those two sides led to an LGBTQ civil rights law in the state, which has Republican control of the state legislature and the governor’s mansion.

Troy Williams, executive director of Equality Utah, says in the video dialogue is key to achieving meaningful success, whether its among the people of Utah, a state legislature or lawmakers in Congress.

“When you are working with LGBT rights in a state like Utah, and you want to advance legal equality, you can’t do it without working with Republicans, with conservative, with people of faith,” Williams says.

Williams, speaking with the Washington Blade over a Zoom call, said the main audience for the video is people on “the center right and the center left” willing to listen to other side when it comes to LGBTQ rights and religious liberty.

“People that have the courage to reach out to each other, and sit down across from each other and say, ‘Hey look, let’s hammer this out,” Williams said. “That’s who my audience is.”

Not only did Utah enact non-discrimination protections for LGBTQ people, but the state under a Republican governor administratively banned widely discredited conversion therapy for youth. When lawmakers proposed legislation that would ban transgender youth from competing in school sports, the proposal was scuttled when Gov. Spencer Cox (whom Williams called a “super Mormon”) said he’d veto it after it came to his desk.

Marina Gomberg, a former board for Equality Utah, is another voice in the video seeking dispel the narrative religious liberty and LGBTQ rights are in conflict.

“in order to protect LGBTQ people, we don have to deny religious liberty, and in order to provide protections for religious liberties, we don’t have to deny LGBTQ people,” Gomberg says. “The idea that we do is a fallacy that Utah has dismantled.”

In July, new polling demonstrated the surprisingly the Utah, despite being a conservative state, has the second highest percentage of state population in support for non-discrimination protections for LGBTQ people. The data Public Religion Research Institute from 77 percent of Utah residents support LGBTQ people, which is just behind New Hampshire at 81 percent.

Tyler Deaton, senior adviser for the pro-LGBTQ American Unity Fund, said the Utah agreement demonstrates the possibility of reaching an agreement at the federal level once “second order” issues are put into perspective.

“The first order question has to be how are we winning the culture,” Deaton said. “Do people even want to pass the bill? And if they do, you then figure out the details.”

The American Unity Fund has helped promote as a path forward for LGBTQ non-discrimination at the federal level the Fairness for For All Act, legislation seeking to reach a middle ground on LGBTQ rights and religious freedom. Polling earlier this year found 57 percent of the American public back a bipartisan solution in Congress to advance LGBTQ civil rights.

Supporters of the Equality Act, the more established vehicle for LGBTQ rights before Congress, say the Fairness for For All Act would give too many carve-out for LGBTQ rights in the name of religious freedom. The Equality Act, however, is all but dead in Congress and has shown no movement in the U.S. Senate.

Skeptics of the Utah law would point out the law doesn’t address public accommodations, one of the more challenging aspects in the fight for LGBTQ rights and one or remaining gaps in civil rights protections for LGBTQ people in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County. As a result, it’s perfectly legal in Utah for a business owner to discriminate against LGBTQ coming as patrons.

Williams, however, shrugged off the idea the lack of public accommodations protections in Utah make the agreement in the state makes it any less of a model, making the case the spirit behind the deal is what matters.

“I think copying and pasting Utah’s law doesn’t work for lots of reasons,” Wililams said. “What’s most important is a model of collaboration because when you are sitting around the table with each other — Democrats and Republicans, LGBTQ people and people of faith — that’s when the transformation happens. That is when the mutual respect is really forged.”

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Venezuelan man with AIDS dies in ICE custody

Pablo Sánchez Gotopo passed away at Miss. hospital on Oct. 1

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Pablo Sanchez Gotopo, who was living with HIV/AIDS, died in U.S. Immigration and Customs Enforcement custody in Mississippi on Oct. 1, 2021. (Courtesy photo)

A Venezuelan man with AIDS died in U.S. Immigration and Customs Enforcement custody on Oct. 1.

An ICE press release notes Pablo Sánchez Gotopo, 40, died at Merit Health River Oaks in Flowood, Miss., which is a suburb of Jackson, the state capital. The press release notes the “preliminary cause of death was from complications with acute respiratory failure, Acquired Immune Deficiency Syndrome (AIDS), pneumonia, acute kidney failure, anemia and COVID-19.”

ICE said U.S. Border Patrol took Sánchez into custody near Del Rio, Texas, on May 17. He arrived at the Adams County Detention Center in Natchez, Miss., four days later.

“Upon arrival to an ICE facility, all detainees are medically screened and administered a COVID-19 test by ICE Health Service Corps (IHSC) personnel,” said ICE in its press release. “Sánchez’s test results came back negative.”

The press release notes Sánchez on July 28 received another COVID-19 test after he “began showing symptoms of COVID-19.” ICE said he tested negative, but Adams County Detention Center personnel transferred him to a Natchez hospital “for additional advanced medical care.”

ICE Enforcement and Removal Operations staff in its New Orleans Field Office, according to the press release, “coordinated with hospital staff to arrange family visitation” after Sánchez’s “health condition deteriorated.” Sánchez was transferred to Merit Health River Oaks on Sept. 25.

“ICE is firmly committed to the health and welfare of all those in its custody and is undertaking a comprehensive agency-wide review of this incident, as it does in all such cases,” says the press release.

Venezuela’s political and economic crises have prompted more than 10,000 people with HIV to leave the country, according to the New York-based Aid for AIDS International.

Activists and health care service providers in Venezuela with whom the Washington Blade has spoken in recent years have said people with HIV/AIDS in the country have died because of a lack of antiretroviral drugs. Andrés Cardona, director of Fundación Ancla, a group in the Colombian city of Medellín that works with migrants and other vulnerable groups, told the Blade last month that many Venezuelans with HIV would have died if they hadn’t come to Colombia.

The Blade has not been able to verify a Venezuelan activist’s claim that Sánchez was gay. It is also not known why Sánchez decided to leave Venezuela and travel to the U.S.

ICE detainee with HIV described Miss. detention center as ‘not safe’

Activists and members of Congress continue to demand ICE release people with HIV/AIDS in their custody amid reports they don’t have adequate access to medications and other necessary medical treatment.

Two trans women with HIV—Victoria Arellano from Mexico and Roxsana Hernández from Honduras—died in ICE custody in 2007 and 2018 respectively. Johana “Joa” Medina Leon, a trans woman with HIV who fled El Salvador, died in 2019, three days after ICE released her from a privately-run detention center.

The Blade in July 2020 interviewed a person with HIV who was in ICE custody at the Adams County Detention Center. The detainee said there was no social distancing at the privately-run facility and personnel were not doing enough to prevent COVID-19 from spreading.

“It’s not safe,” they told the Blade.

The entrance to the Adams County Detention Center in Natchez, Miss. (Washington Blade photo by Michael K. Lavers)

Elisabeth Grant-Gibson, a Natchez resident who supports ICE detainees and their families, on Wednesday told the Blade that she was able to visit the Adams County Detention Center and other ICE facilities in the Miss Lou Region of Mississippi and Louisiana from November 2019 until the suspension of in-person visitation in March 2020 because of the pandemic.

“Medical neglect and refusal of medical care has always been an issue in the detention center at Adams County,” said Grant-Gibson. “After the facilities were closed to public visitation, those problems increased.”

Grant-Gibson told the Blade she “worked with a number of families and received phone calls from a number of detainees, and I was told again and again that detainees were being refused the opportunity to visit the infirmary.”

“When they did visit the infirmary, they were given virtually no treatment for the issues they were presenting with,” said Grant-Gibson.

ICE in its press release that announced Sánchez’s death said fatalities among its detainees, “statistically, are exceedingly rare and occur at a fraction of the national average for the U.S. detained population.” ICE also noted it spends more than $315 million a year “on the spectrum of healthcare services provided to detainees.”

“ICE’s Health Service Corps (IHSC) ensures the provision of necessary medical care services as required by ICE Performance-Based National Detention Standards and based on the medical needs of the detainee,” notes the ICE press release. “Comprehensive medical care is provided from the moment detainees arrive and throughout the entirety of their stay. All ICE detainees receive medical, dental, and mental health intake screening within 12 hours of arriving at each detention facility, a full health assessment within 14 days of entering ICE custody or arrival at a facility, and access to daily sick call and 24-hour emergency care.”

An ICE spokesperson on Wednesday pointed the Blade to its Performance-Based Detention Standards from 2011, which includes policies for the treatment of detainees with HIV/AIDS.

A detainee “may request HIV testing at any time during detention” and ICE detention centers “shall develop a written plan to ensure the highest degree of confidentiality regarding HIV status and medical condition.” The policy also states that “staff training must emphasize the need for confidentiality, and procedures must be in place to limit access to health records to only authorized individuals and only when necessary.”

“The accurate diagnosis and medical management of HIV infection among detainees shall be promoted,” reads the policy. “An HIV diagnosis may be made only by a licensed health care provider, based on a medical history, current clinical evaluation of signs and symptoms and laboratory studies.”

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Rachel Levine on becoming four-star admiral: ‘It comes from my desire to serve’

Trans official sworn-in to U.S. Public Health Service

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For Rachel Levine, the appointment to her new role as a four-star admiral complementing her existing duties as assistant secretary for health is another way for the first openly transgender Senate-confirmed presidential appointee to serve.

“I think that this just really comes from my desire to serve in all capacities,” Levine said in an interview Tuesday with the Washington Blade. “To serve the first day in my field of academic medicine and pediatrics, but then in Pennsylvania and now in the federal government, and it furthers my ability to do that.”

Levine, 63, also recognized the importance of the appointment as a transgender person within the U.S. Public Health Service, for which she was ceremonially sworn in on Tuesday

“I think for the LGBTQ+ community, it is a further sign of progress and our president’s commitment to equity, to inclusion and diversity,” Levine said. “So I think that it is a very important milestone, and I’m pleased to serve.”

As part of her duties, Levine will lead an estimated 6,000 public health service officers serving vulnerable populations, including deployments inside and outside the country for communities beleaguered with the coronavirus, according to the Department of Health & Human Services. The role involves working closely with U.S. Surgeon General Vivek Murphy, whom Levine called her “friend and colleague.”

The U.S. Public Health Service, Levine said, has deployed “many, many times,” including its greatest number ever of deployments to vulnerable populations during the coronavirus pandemic. Among the places the service has deployed, Levine said, was in her home state of Pennsylvania, where she recently served as secretary of health.

Not only is Levine the first openly transgender person to serve in the uniformed health service as a four-star general, but she’s also the first woman to serve in that capacity.

“We have 6,000 dedicated committed public servants really all focused on our nation’s health, and they serve in details to the CDC and the FDA and the NIH, but also clinically with the Indian Health Service, and the federal prison system,” Levine said. “They’re also detailed and deployed throughout the country, and they deployed like never before for COVID-19 as well as the border, as well as dealing with floods and hurricanes and tornadoes.”

Although the Public Health Service is primarily focused on addressing public health disasters within the United States, Levine said it has a record of deployments overseas, including years ago when it was deployed to Africa under the threat of Ebola.

Secretary of Health & Human Services Xavier Becerra had high praise for Levine in a statement upon news of taking on a leadership position in the service.

“This is a proud moment for us at HHS,” Becerra said. “Adm. Levine — a highly accomplished pediatrician who helps drive our agency’s agenda to boost health access and equity and to strengthen behavioral health — is a cherished and critical partner in our work to build a healthier America.”

Levine, however, was careful to draw a distinction between her appointment within the Public Health Service and being a service member within the U.S. armed forces.

“It is not a military branch, it’s not the armed forces: It’s a uniformed force, so it’s different,” Levine said. “For example, the Army, the Navy, our military, there are two other uniformed branches, and that is ours, the United States Public Health Service Commissioned Corps and NOAA.”

The new role, Levine said, would complement her duties as assistant secretary for health. Although not only secretaries of health have been commissioned to take the uniform, Levine said she wanted to undertake that as part of her role in the Biden administration.

The two appointments were not simultaneous, Levine said, because of a general process she undertook, which was completed just this week.

It hasn’t been an easy road for Levine. During her Senate confirmation process, when she was hounded by anti-transgender attacks in conservative media and rude, invasive questioning by Sen. Rand Paul (R-Ky.) on her gender identity.

Levine, however, said she hasn’t encountered any hostility regarding her new role (as of now) and shrugged off any potential attacks in the future and said the move is about her career “to serve and to help people.”

“I’ve continued that for our nation as the assistant secretary for health and this is just a further demonstration of my commitment to service,” Levine said. “I don’t know what others will say, but that’s the genesis of my wanting to serve in the United States Public Health Service Commissioned Corps, and to place on the uniform.”

Levine’s new appointment comes shortly after a group of Democratic senators led by Sen. Chris Murphy (D-Conn.) sent her a letter dated Sept. 30 calling on her and Miriam Delphin-Rittmon, assistant secretary for mental health and substance use, to issue new guidance for hospital or residential care on mental health needs of transgender people.

Asked about the letter, Levine said mental health issues are under the authority of Delphin-Rittmon and the two “will work together and we will respond.”

Specifically, the senators in the letter call on the Behavioral Health Coordinating Council, or BHCC, and experts in the field of adolescent trans care to offer guidance on best practices for inpatient mental health care among these youth.

Asked what the response will look like, Levine said, “We’re going to work on that.”

“We will be looking at what they’re asking for and the requirements, and we’ll talk with them and the stakeholders and we’ll look to issue appropriate guidance,” Levine said.

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