National
GLSEN warns of ‘school to prison pipeline’ for youth
New federal guidance on discipline disparities excludes LGBT youth


‘Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,’ said GLSEN Executive Director Eliza Byard. (Washington Blade file photo by Michael Key)
The Gay, Lesbian & Straight Education Network, a national group that advocates for LGBT youth in the nation’s schools, says LGBT students and youth of color have been disproportionately impacted by overly harsh school disciplinary practices.
In a statement released earlier this month, GLSEN praised a new Obama administration initiative to discourage elementary and secondary schools from administering student discipline based on race or other discriminatory grounds.
But the GLSEN statement notes that the initiative issued jointly by the Department of Education and the Department of Justice doesn’t specifically reference LGBT youth, raising concern that overly harsh disciplinary practices will continue to funnel LGBT students into what education experts call a “school to prison pipeline.”
This so-called “pipeline,” education reform advocates say, refers to students who land in the criminal justice system, including prison, after being repeatedly suspended or expelled from school. Reform advocates, including GLSEN, have argued that alternative disciplinary approaches should be employed to ensure school safety without overly relying on suspension and expulsion as punishment.
GLSEN has pointed to numerous cases where LGBT students are suspended or expelled for “fighting back” after being targeted for bullying and violent attacks by other students.
“Ending discriminatory practices in school discipline is one of the most critical civil rights issues facing K-12 education today,” GLSEN Executive Director Eliza Byard said in the group’s statement.
“GLSEN commends the Departments of Education and Justice for these long-overdue guidelines that will help to erode decades of policies that have robbed countless youth of a chance to get an education and forced many of them out of school and into the criminal justice system,” she said.
She added, “While the omission of the specific challenges facing LGBT youth is disappointing, we are pleased that the guidelines focus on prevention and intervention strategies by supporting developmentally appropriate and proportional responses to school discipline that encourage and reinforce positive school climate…We encourage the Departments to examine the extent and effects of discipline disparities among LGBT youth and to provide leadership and guidance to ensure that school discipline practices do not discriminate on the basis of sexual orientation, gender identity or gender expression.”
An example of what LGBT activists have called biased school treatment of LGBT youth took place in November when a female transgender student at Hercules High School in Contra Costa County, Calif., was arrested and charged with battery for fighting with three other straight female students.
The transgender student said a fight broke out between her and her classmates, which was captured on video, after she defended herself from repeated taunts and harassment from the three girls. Activists noted that all four students were suspended from the school for fighting but the transgender student, Jewlyes Gutierrez, 16, was the only one arrested and charged in the incident.
The school and the Contra Costa County District Attorney’s Office have declined disclose the reason that Gutierrez was prosecuted in the case while the others were not, saying the matter is pending in juvenal court and they are prohibited from discussing cases involving a minor.
GLSEN has said studies show that LGBT youth disproportionately experience bullying and harassment in schools. The group cites a 2010 study published in Pediatrics, the official journal of the American Academy of Pediatrics, showing that LGBT youth experience a significantly higher level of disciplinary action in schools along with youth of color than do heterosexual youth and whites.
In a statement responding to an inquiry by the Blade, Jo Ann Webb, a spokesperson for the DOE, said the main guidance document released jointly by the DOE and DOJ was a legal oriented document addressing school discipline actions that may violate existing federal laws banning discrimination based on race, color, and national origin.
Current federal law doesn’t include non-discrimination protections for LGBT people.
Web said an accompanying “discipline package” released along with the legal guidance includes “a guiding principles document that specifically includes LGBT students as among those who are potentially at risk for dropping out of school, social exclusion, or behavior incidents.”
She said the accompanying document also emphasizes “the need for schools to consider the impact of discipline policy on all students, including specifically LGBT students, and to make sure they are not being disproportionately disciplined.”
A GLSEN spokesperson couldn’t immediately be reached to determine whether GLSEN considers the accompanying document sufficient to address its concerns about school disciplinary practices pertaining to LGBT students.
In a Jan. 8 press release announcing the guidance document, DOE and DOJ said the school discipline guidance initiative was aimed at helping states, school districts, and schools develop “practices and strategies to enhance school climate and ensure those policies and practices comply with federal law.”
President Obama and most heads of federal departments and agencies in the Obama administration have said that although Congress has yet to pass federal legislation to ban discrimination based on sexual orientation and gender identity, federal agencies would do what they could to put in place policies to protect LGBT people from discrimination.
Federal Government
Barbara Lee: PEPFAR is ‘more in peril’ than ever before
Congress has yet to reauthorize funding for Bush-era HIV/AIDS program

California Congresswoman Barbara Lee on Sept. 22 said the President’s Emergency Plan for AIDS Relief is “more in peril” now than at any point since its launch two decades ago.
“This program is reauthorized every five years, but it’s always on a bipartisan basis,” said Lee during a panel at the Congressional Black Caucus Foundation’s Annual Legislative Conference that took place at the Walter E. Washington Convention Center in D.C. “As we approach the benchmark of an AIDS-free generation by 2023, it is unfortunately more in peril now than ever before.”
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
Lee noted PEPFAR as of 2020 has provided nearly $100 billion in “cumulative funding for HIV and AIDS treatment, prevention and research.” She said PEPFAR is the largest global funding program for a single disease outside of COVID-19.
New PEPFAR strategy includes ‘targeted programming’ for marginalized groups
The panel took place amid the continued push for Congress to reauthorize PEPFAR for another five years. The federal government will shut down on Oct. 1 if Congress does not pass an appropriations bill.
Secretary of State Antony Blinken last December at a World AIDS Day event in D.C. acknowledged HIV/AIDS continues to disproportionately impact LGBTQ and intersex people and other marginalized groups. A new PEPFAR strategy the Biden-Harris administration announced that seeks to “fill those gaps” over the next five years includes the following points:
• Targeted programming to help reduce inequalities among LGBTQ and intersex people, women and girls and other marginalized groups
• Partnerships with local organizations to help reach “hard-to-reach” communities.
• Economic development and increased access to financial markets to allow countries to manufacture their own antiretroviral drugs, tests and personal protective gear to give them “the capacity to meet their own challenges so that they’re not dependent on anyone else.”
The Family Research Council Action in an email to supporters urged them to tell Congress to “stop Biden from hijacking PEPFAR to promote its radical social policies overseas.” Family Watch International has said PEPFAR “has been hijacked to advance a radical sexual agenda.”
“Please sign the petition to tell the U.S. Congress to ensure that no U.S. funds go to organizations that promote abortion, LGBT ideology, or ‘comprehensive sexuality education,'” said the group in an email to its supporters.
A group of lawmakers and religious leaders from Kenya and other African countries in a letter they wrote to members of Congress in June said PEPFAR, in their view, no longer serves its original purposes of fighting HIV/AIDS because it champions homosexuality and abortion.
“We wrote that letter to the U.S. Congress not to stop PEPFAR funding to Kenya, but to demand the initiative to revert to its original mission without conditioning it to also supporting LGBTQ as human rights,” it reads.
Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administration’s overall foreign policy.
American officials earlier this year postponed a meeting on PEPFAR’s work in Uganda in order to assess the potential impact the country’s Anti-Homosexuality Act will have on it. The law, which Ugandan President Yoweri Museveni signed on May 29, contains a death penalty provision for “aggravated homosexuality.”
Biden in his U.N. General Assembly speech last week noted LGBTQ and intersex rights and highlighted PEPFAR. Family Watch International in its email to supporters included a link to the letter from the African lawmakers and religious leaders.
The Southern Poverty Law Center has designated both the FRC and Family Watch International as anti-LGBTQ hate groups.
“[PEPFAR is] not about abortions,” said Lee.
U.S. Agency for International Development Administrator Samantha Power during the panel referenced Bush’s recent op-ed in the Washington Post that urged lawmakers to reauthorize PEPFAR.
“The way he put it is no program is more pro-life [than] one that has saved more than 25 million lives,” said Power.
Power referenced the “manufactured controversy that is making it difficult to get this reauthorization.” U.S. Global AIDS Coordinator Dr. John Knengasong said a failure to reauthorize PEPFAR would weaken “our own foreign policy and diplomacy.”
“Once again the United States will be missing in action,” stressed Lee.
Assistant Health and Human Services Secretary for Legislation Melanie Egorin and Kenny Kamson, a Nigerian HIV/AIDS activist, also spoke on the panel that MSNBC host Jonathan Capehart moderated.

The White House
Biden, Harris, deliver remarks for White House Office of Gun Violence Prevention
Pulse survivor Brandon Wolf among those who spoke

President Joe Biden, Vice President Kamala Harris, and U.S. Rep. Maxwell Frost (D-Fla.) addressed an audience from the Rose Garden of the White House on Friday to honor the establishment of a first-ever White House Office of Gun Violence Prevention.
In a press release Thursday announcing the move, the administration said its aim is to implement and expand the provisions of last year’s Bipartisan Safer Communities Act along with those contained in the president’s executive orders targeting issues of gun violence.
Additionally, Biden explained in his remarks, the office will coordinate more support for survivors, families and communities, including mental health services and financial aid; identify new avenues for executive action; and “expand our coalition of partners in states and cities across America” given the need for legislative solutions on the local and state level.
Harris, who will oversee the office, pledged to “use the full power of the federal government to strengthen the coalition of survivors and advocates and students and teachers and elected leaders to save lives and fight for the right of all people to be safe from fear and to be able to live a life where they understand that they are supported in that desire and that right.”
The vice president noted her close experiences with the devastating consequences of gun violence in her work as a federal prosecutor, San Francisco district attorney, California attorney general and in her current role.
Biden’s comments also included highlights of his administration’s accomplishments combatting gun violence and a call to action for Congress to do more. “It’s time again to ban assault weapons and high capacity magazines,” he told lawmakers.
The president also credited the the work of advocates including those who were gathered at the White House on Friday: “all of you here today, all across the country, survivors, families, advocates — especially young people who demand our nation do better to protect all; who protested, organized, voted, and ran for office, and, yes, marched for their lives.”
Taking the stage before introducing Biden, Frost noted that “Right before I was elected to Congress, I served as the national organizing director for March for Our Lives, a movement that inspired young people across the nation to demand safe communities.”
“The president understands that this issue especially for young people, especially for marginalized communities, is a matter of survival,” the congressman said. And the formation of this office, “comes from Pulse to Parkland,” he said, adding, “we fight because we love.”
Human Rights Campaign National Press Secretary Brandon Wolf, a survivor of the 2016 Pulse nightclub shooting, which was America’s second deadliest mass shooting and the deadliest against the LGBTQ community, shared a comment with the Washington Blade after Friday’s ceremony:
“Seven years ago, when my best friends and 47 others were murdered at our safe place — Pulse Nightclub — we promised to honor them with action. This is what that looks like. This deep investment in the fight to end gun violence matters, and I cannot wait to see Vice President Harris lead these efforts. We can blaze the path toward a future free of gun violence. And today marked an important step in that direction.”
U.S. Federal Courts
Federal judge: drag is ‘vulgar and lewd,’ ‘sexualized conduct’
Ruling ‘bristles with hostility toward LGBTQ people’

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas issued a ruling Thursday denying relief to a group of university students who sought to host a drag show over the objections of their school’s president.
A Trump appointed jurist with deep ties to anti-LGBTQ and anti-abortion conservative legal activists, Kacsmaryk argued that drag performances probably do not constitute speech protected by the First Amendment.
As Slate Senior Writer Mark Joseph Stern wrote on X, this conclusion “conflicts with decisions from Texas, Florida, Tennessee and Montana which held that drag is constitutionally protected expression.”
“It also bristles with undisguised hostility toward LGBTQ people,” he added.
Kacsmaryk’s 26-page decision describes drag performances as lewd and licentious, obscene and sexually prurient, despite arguments the plaintiffs had presented about the social, political, and artistic merit of this art form.
Judge Matthew Kacsmaryk refuses to grant relief to Texas college students who may be punished for hosting a drag show.
— Mark Joseph Stern (@mjs_DC) September 22, 2023
His condemns drag as “vulgar and lewd” “sexualized conduct” that harms children and is likely unprotected by the First Amendment. https://t.co/UPeolMfGON
As the Human Rights Campaign recently wrote, “drag artists and the spaces that host their performances have long served as a communal environment for queer expression.”
The group added, “It is a form of art and entertainment, but, historically, the performances haven’t only served to entertain, but also to truly advance the empowerment and visibility of LGBTQ+ people.”
Nevertheless, anti-LGBTQ conservative activists and organizations have perpetuated conspiracy theories about members of the community targeting children for sexual abuse including by bringing them to drag performances.
Among these is a group with ties to the Proud Boys that was cited by Kacsmaryk in his ruling: Gays Against Groomers, an anti-LGBTQ and anti-transgender extremist group, according to the Anti-Defamation League and Southern Poverty Law Center.
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