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Latin American LGBT advocates visit U.S.

Group visited D.C., New York

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Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

Michael K. Lavers, Alberto Moscoso Flor, Esteban Paulon, Diane Rodriguez, gay news, Washington Blade

A group of Latin American LGBT rights advocates toured the Washington Blade offices on Jan. 31 (Washington Blade photo by Damien Salas)

The State Department has invited a group of Latin American LGBT rights advocates to the U.S. to meet with their American counterparts.

LGBT Federation of Argentina President Esteban Paulón; Alberto Moscoso Flor, executive director of the Civil Association for Social Development and Cultural Promotion of GLBT Freedom in Bolivia; Juan Fuentealba Álvarez of the Chilean It Gets Better Foundation; Paulina Torres Mora of “Beso Diverso” in Costa Rica; Deivis Ventura of the “Amigos Siempre Amigos” Network of Volunteers in the Dominican Republic; Diane Marie Rodríguez Zambrano, president of the Silueta X Association in Ecuador and Clauvo Velásquez of the Homosexual Community of Hope for the Loreto Region of Perú arrived in D.C. on Jan. 25 as part of the State Department’s International Visitor Leadership Program.

The group met with former Human Rights Campaign President Elizabeth Birch, members of the Metropolitan Police Department and the Inter-American Commission of Human Rights and Gender Rights Maryland Executive Director Dana Beyer while in the nation’s capital. The advocates also toured the Washington Blade office on Jan. 31 where they met with this reporter and publisher Lynne Brown.

The group met with gay New York State Assemblyman Danny O’Donnell; Hetrick-Martin Institute CEO Thomas Krever; Adam Frankel of Human Rights Watch; staffers of the Office of the U.N. High Commissioner for Human Rights, the International Gay and Lesbian Human Rights Commission and All Out and gay blogger Andrés Duque while in New York.

The activists are scheduled to visit Texas and California before leaving the U.S. later this month.

“Our work is focused on showing other realities to LGBT kids and youth so they can have hope for the future and celebrate diversity,” Fuentealba told the Blade. “We believe that all players involved in the construction of our society play an important role in this goal. And newspapers, TV stations and the film industry, among others, are key elements on making a change.”

Rodríguez, a transgender woman who unsuccessfully sought a seat in the Ecuadorian Congress last year, filed a complaint against her South American country’s government with the Inter-American Commission on Human Rights while in D.C.

She was able to receive an amended identity card without her birth name after she won a lawsuit in 2009, but it did not list her gender as female. Rodríguez told the Blade she was kidnapped for four hours in 2012 because of her advocacy efforts.

“I hope that the court will analyze my case and the case of transgender people who are coming behind me,” she said.

U.S. LGBT rights advocates who met with their Latin American counterparts welcomed the opportunity to do so.

“Human rights activism offers precious few opportunities to sit back, even just for an hour, and share information about the struggles and strategies of our peers,” IGLHRC Latin America and Caribbean Coordinator María Mercedes Gómez exclusively told the Blade, noting she and her colleagues discussed anti-LGBT violence in the region, bullying, access to health care and gender-appropriate identity cards during their meeting with the group on Wednesday. “We talked about the fact that those who are the most vulnerable to abuse are those who transcend and challenge prevailing gender roles — in other words, our struggle is not only about sexual orientation or gender identity, it is about the freedom of everyone to be who they are.”

“The State Department invited a remarkable group of young activists from across Latin America and the Caribbean, each a leader in his or her community,” added Beyer, who announced her candidacy against Maryland state Sen. Rich Madaleno (D-Montgomery County) late last month. “Their insights about common problems, derived from their own national experiences, were often diverse, and prompted some fascinating conversations.”

O’Donnell said in a press release his office released after his Feb. 3 meeting with the advocates that they discussed marriage rights for same-sex couples, anti-LGBT violence and efforts to curb bullying.

The New York lawmaker also talked about the important role he feels openly gay legislators can play in debates over the aforementioned issues. He highlighted his own experience with his fellow lawmakers during the 2011 debate on the Empire State’s same-sex marriage bill that Gov. Andrew Cuomo signed into law.

“That way someone is always around when legislation is being debated, not an outside person or group, but one of their own, a colleague,” said O’Donnell.

The State Department has previously invited Latin American LGBT rights advocates to the U.S.

Six Colombian activists visited D.C., Iowa and California last April. A group of LGBT rights advocates from Chile, Argentina, Bolivia, Colombia, Brazil, Ecuador, Panamá, Costa Rica and México visited the U.S. in 2012.

The Gay and Lesbian Victory Institute and two Colombian advocacy groups – Colombia Diversa and Caribe Afirmativo – have organized two trainings over the last year designed to encourage LGBT people to become more involved in the South American country’s political process. These gatherings are part of the USAID-backed LGBT Global Development Partnership that will contribute $11 million over the next three years to activist organizations in Ecuador and other developing countries.

Two Cuban LGBT rights advocates – Ignacio Estrada Cepero and Wendy Iriepa Díaz – met with Casa Ruby CEO Ruby Corado, U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) and others last year while in the U.S.

A number of Russian LGBT rights advocates have visited D.C. and other U.S. cities in recent months ahead of the 2014 Winter Olympics that begin on Thursday in Sochi, Russia.

Latvian LGBT rights advocate Kaspars Zailitis is also in the U.S. on another State Department-sponsored trip.

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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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