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Labor Dept. says gay couples eligible for family and medical leave

Guidance expected following U.S. Supreme Court decision against DOMA

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Thomas Perez, Civil Rights Division, Justice Department, gay news, Washington Blade
The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act (Washington Blade file photo by Michael Key).

The Labor Department under Secretary Thomas Perez is preparing guidance for gay couples under the Family & Medical Leave Act. (Washington Blade file photo by Michael Key).

The Labor Department is preparing guidance to inform employers throughout the country that married same-sex couples are now eligible for family and medical leave under the law.

A Labor Department spokesperson affirmed for the Washington Blade the department will issue guidance to inform employers about the change under the Family & Medical Leave Act in the wake of the U.S. Supreme Court decision striking down the Defense of Marriage Act.

“The Wage & Hour Division is working closely with the Department of Justice and looking through all the materials that touch on this issue to determine what public guidance is necessary,” the spokesperson added. “We expect to have additional information available in the near future.”

The Family & Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Prior to the ruling against DOMA, the Labor Department didn’t require employers to grant married gay couples leave if one spouse in the relationship fell ill and needed  care because DOMA prohibited federal recognition of same-sex marriage. But with DOMA out of the picture, the Obama administration is free to enforce FMLA on behalf of married same-sex couples.

Tico Almeida, president of Freedom to Work, praised the Labor Department for moving forward with this guidance and credited it to the leadership of the recently confirmed Labor Secretary Tom Perez.

“Freedom to Work endorsed Tom Perez for Labor Secretary because we know him to be a champion for good jobs for everyone, so we are thrilled that the Wage & Hour Division is moving forward now with public guidance that will let employers know that gay and lesbian married couples must be treated with respect when they seek workplace leave to take care of a same-sex spouse that gets into an accident or is diagnosed with an illness,” Almeida said.

In 2010, the Labor Department enacted a change with DOMA in place that enabled a gay employee to take absence under the Family & Medical Leave Act to care for a non-legal, non-biological child of a partner. But that change was obstensibly as far as the Obama administration could go with DOMA in place.

Almeida continued to call for further action in the form of additional guidance saying an existing executive order issued under President Lyndon Johnson prohibiting gender discrimination applies to transgender workers as well. Such guidance would align the Labor Department’s enforcement of the directive with the U.S. Equal Employment Opportunity Commission decision last year in Macy v. Holder interpreting Title VII to protect transgender workers.

“We are told by numerous government sources that it was the White House senior staff that decided to disregard American law and ignore Macy vs. Holder for federal contractors,” Almeida said. “These sources say that the White House has forbidden the Labor Department from doing what everyone knows is morally right and legally correct. Given the incredible passion and intellect that Secretary Perez brings to these important issues, we remain hopeful that he will persuade the White House staffers to stand on the right side of American history.”

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GOP senator willing to delay school meal funding over LGBTQ+ rights

Funding for school meal & nutrition programs is set to expire July 30, a delay could lead to a hunger crisis for millions of schoolchildren

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Photo of a typical school lunch via the U.S. Department of Agriculture (USDA)

A bipartisan piece of legislation for school meal programs is at risk after one U.S. senator has signaled he may delay its passage over LGBTQ-related guidance from the U.S. Department of Agriculture.

The Keep Kids Fed Act, released Tuesday by Sens. Debbie Stabenow (D-Mich.) and John Boozman (R-Ark.) and Reps. Bobby Scott (D-Va.) and Virginia Foxx (R-N.C.), has already garnered support from both sides of the aisle as it seeks to provide roughly $3 billion in continued funding for pandemic-era universal school nutrition programs.

“My agreement with Senator Boozman, Representative Scott and Representative Foxx will help keep kids fed and is fully paid for,” Senator Debbie Stabenow, chair of the Agriculture, Nutrition and Forestry Committee, said in a statement. “With 90% of our schools still facing challenges as they return to normal operations, this will give our schools and summer meal programs much-needed support to deal with ongoing food service issues.”

The legislation would provide additional federal funding to programs established during the COVID-19 outbreak designed to waive financial requirements for all students and allow them to access free school meals throughout the year.

However, guidance issued in May by the U.S. Department of Agriculture that prohibits school nutrition programs receiving federal dollars from discriminating against the LGBTQ community has sparked reservations in Congress that could endanger the funding’s ability to pass before its deadline.

On Wednesday, one day after the bipartisan deal was announced, Senator Roger Marshall (R-Kan.) signaled that he would consider objecting to the bill for fear that the USDA guidance would ultimately exclude schools in his state from being eligible to receive the funding.

“This administration is holding women’s sports as ransom for the radical woke agenda,” Marshal said at a press conference on Thursday. “Now, they’re going to do the same thing with school lunches. They want kids to go hungry at school that don’t fall in line with letting boys play girls sports.”

Further indicating his opposition to the USDA guidance that could persuade him to object to the meal funding, Marshall attempted to turn the tables on the Biden administration for not allowing meal programs in schools to act on their discriminatory beliefs. 

“In these trying times where families are faced with rising inflation, the Biden administration is considering taking food out of the mouths of hungry children over their woke agenda,” Marshall said.

But while the press conference was centered around the 50th anniversary of the landmark anti-sex-discrimination Title IX legislation and the issue of transgender athletes in school sports, the USDA guidance only pertains to discrimination within school nutrition programs funded with federal dollars. Under the language of the guidance, equal access and non-discrimination would be required toward only those involved with the meal programs, like LGBTQ students. 

Other programs under a school district’s jurisdiction like sports programs, that may attempt to limit participation by transgender athletes, would not have any relevance to nor would affect the school’s ability to receive federal meal funding like that in the Keep Kids Fed Act.

Current pandemic-era funding for school meal and nutrition programs is set to expire on July 30. Although the funding has bipartisan support, the looming deadline to pass more funding increases the chances that a delay could lead to a hunger crisis for millions of schoolchildren around the nation.

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Caitlyn Jenner celebrates FINA ban on Trans swimmers on Twitter

“[…] what’s fair is fair! If you go through male puberty you should not be able to take medals away from females. Period,” Jenner tweeted

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Screenshot/YouTube Fox News

Former Olympian and one-time California Republican gubernatorial candidate Caitlyn Jenner enraged Trans activists Monday after she tweeted her approval of the FINA vote Sunday that essentially bans Trans women from participating and competing as collegiate swimmers.

“It worked! I took a lot of heat – but what’s fair is fair! If you go through male puberty you should not be able to take medals away from females. Period,” Jenner tweeted Sunday after the international athletic organization announced its vote to ban trans athletes.

The Swimming’s world governing body voted to restrict transgender athletes from elite women’s competitions. The final vote tally of the representatives was 71.5% approval for the new policy which requires transgender athletes show that “they have not experienced any part of male puberty beyond Tanner Stage 2 or before age 12, whichever is later.”

“We have to protect the rights of our athletes to compete, but we also have to protect competitive fairness at our events, especially the women’s category at FINA competitions,” FINA’s president, Husain Al-Musallam, said in a statement.

The organisation is maintaining that it was necessary to use sex and sex-linked traits to determine eligibility criteria because of the “performance gap” that appears between males and females during puberty.

Jenner’s appearances on the Fox News Network over the past six months have been unrelenting attacks on Trans athletes, especially University of Pennsylvania Women’s Team swimmer Lia Thomas. Jenner also appeared on the network to defend her attacks on Trans athletes.

“We must protect women’s sports. We cannot bow down to the radical left wing woke world and the radical politically charged agenda of identity politics,” Jenner tweeted. In another tweet she said;

“Thank you @seanhannity and @HeyTammyBruce for having a conversation grounded in common sense. All we want to do is protect women’s and girls sports! It’s that simple. And calling out the libelous, defamatory lies of @PinkNews and @emilychudy@benjamincohen

Jenner has been asked about her position on the multiple pieces of anti-Trans youth sports legislation across the United States. She responded that she saw it as a question of fairness saying that she opposed biological boys who are Trans- competing in girls’ sports in school.

“It just isn’t fair,” Jenner said adding, “and we have to protect girls’ sports in our school.”

In April the Fox network hired Jenner as on-air contributor role with her first appearance on Hannity.

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Biden to sign wide-ranging executive order on conversion therapy, LGBTQ youth

Directive stands against state anti-LGBTQ measures

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President Biden is set to sign a wide-ranging executive order on LGBTQ youth and conversion therapy.

President Biden, in recognition of Pride month during a reception with LGBTQ leaders and advocates at the White House, is set to sign Wednesday a wide-ranging executive order advancing his administration’s goals for LGBTQ policy, which includes new prohibitions on widely discredited conversion therapy and resources for parents and children in states enacting laws against transgender youth.

The executive order is the latest measure from the Biden administration building on its reputation for steadfast support for transgender and non-binary youth, who are the targets of more than 300 pieces of anti-LGBTQ legislation in state legislatures and new state laws. Many of these measures ban transgender girls from sports consistent with their gender identity or penalize medical providers and parents for providing transition-related care for youth.

Key components of Biden’s order direct U.S. departments and agencies, including the Department of Health & Human Services and the Department of Education, to develop regulations and policies that would counteract the state measures, according to a White House fact sheet.

Among the components of the directive:

  • HHS and the Department of Education are tasked with developing sample policies for states on expanding access to health care for LGBTQ youth and developing policies for “achieving full inclusion for LGBTQ students”;
  • HHS is tasked with leading an initiative against conversion therapy, which is set to clarify federal funds cannot be used for the practice, increase public awareness about its harms and provide support to survivors;
  • the secretaries of State, Treasury, and HHS are directed to develop an action plan to promote an end to conversion therapy overseas and ensure that U.S. foreign assistance dollars don’t fund the practices;
  • HHS is set to publish a “Bill of Rights for LGBTQI+ Older Adults” as well as guidance on the non-discrimination protections for older adults in nursing homes and other long-term care settings.

In a conference call with reporters on Wednesday ahead of the signing of the executive order, senior administration officials who spoke on condition of anonymity laid out the key components of the measure and put the executive order into context of the Biden administration’s broader mission for equity and inclusion.

Asked by the Washington Blade if the White House is anticipating a response from states that have enacted laws against transgender and non-binary youth, many of which have taken the Biden administration to court over federal policies, a senior administration official declined to say.

“We don’t know,” the official said. “The focus is not really on what their response will be. What we’re focused on is responding to the frankly un-American policies they’re pushing through state legislatures. They’re going after kids, they’re going after families just because of who they are, and the president has said repeatedly that he will stand with LGBTQI youth and families and people across the country. That’s what this executive order is going to do.”

The executive order, however, falls short of the Biden campaign’s pledge to sign the Equality Act into law, which in the 2020 election he promised he would do within the first 100 days of his administration. Although the comprehensive LGBTQ legislation has cleared the House, it is all but dead in the Senate and has yet to come up for a vote.

Asked by a reporter about why Biden hasn’t placed as much emphasis on the Equality Act as other legislative measures, such as the Build Back Better package or voting rights legislation, a senior administration official shot back that was at odds with the facts.

“The president is a strong supporter of the Equality Act and he has not wavered in that,” the official said. “He continues to call on Congress to pass the Equality Act. You heard him renew that call during the State of the Union address … Any assertion that he hasn’t been full-throated on that is just completely at odds with the facts. The president today will reiterate the need to sign this legislation into law.”

Read the White House fact sheet on the executive order here.

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