National
Gay Alabama widower: State saw relationship as ‘nothing’
Paul Hard’s husband died in 2011 car accident
Hard, 55, accepted Fancher’s proposal six years later – and they exchanged vows on a Massachusetts beach on May 20, 2011. Fancher, 53, died less than three months later when his car crashed into a UPS truck that had overturned on an Alabama interstate.
Hard filed a wrongful death lawsuit, but he would not be able to receive the majority of any settlement money because the state does not recognize him as a surviving spouse.
“At every turn and every juncture, particularly following his death, I was treated as though this relationship was nothing,” Hard told the Washington Blade on Thursday after the Southern Poverty Law Center filed a federal lawsuit challenging Alabama’s gay nuptials ban that prohibits the state from recognizing same-sex marriages legally performed in other jurisdictions.
Alabama voters in 2006 by an 81-19 vote margin approved a state constitutional amendment that defines marriage as between a man and a woman. Out state Rep. Patricia Todd (D-Birmingham), who married her long-time partner in Massachusetts in 2013, last November introduced a bill that sought to repeal the state’s gay nuptials ban.
Hard said hospital personnel initially refused to allow him to see his husband, even though he had he brought the couple’s marriage license and other legal documents with him. An attendant roughly half an hour later told Hard that Fancher had died.
The director of the funeral home that buried Fancher said on his death certificate that he was “never married” and did not have a surviving spouse. Hard said the funeral home director refused to change the information on the document.
“I was seen to have been fully enough his husband to pay the bills and wrap-up his estate, but the state of Alabama refuses to acknowledges his relationship,” Hard told the Blade.
He added “no one deserves to through what I had to go through” after Fancher’s death.
“No one should have to suffer indignity at the hands of the state at the worst extremity of human existence when you lose someone,” said Hard. “No one would ever suggest to a widow and their church or their community organization that they should not pursue their rights as a widow. And I’m no different than anybody like that.”
Hard, who grew up as a Southern Baptist as his late husband did, told the Blade his family is overall supportive of his decision to seek recognition of his marriage in Alabama.
“Some of them don’t support gay marriage, but they have looked at me and simply said David has the right to leave to whomever he chose his estate,” he said.
Sam Wolfe, senior staff attorney for the Southern Poverty Law Center, said as he and Hard spoke to the Blade it was time to file the lawsuit in the wake of last June’s landmark U.S. Supreme Court decision that found a portion of the Defense of Marriage Act unconstitutional and other recent rulings.
“Alabamians can’t wait forever and there is a bit of a wave going on in the country both on the topic of marriage and other issues relating to equality and basic dignity for LGBT people,” said Wolfe. “There are real families here like Paul and his family that are affected negatively, that are harmed by this law. We have the legal arguments at our disposal and we’re taking it to federal court to knock down this law.”
The Southern Poverty Law Center filed its lawsuit one day after a federal judge ruled Kentucky must recognize same-sex marriages legally performed in other states.
The American Civil Liberties Union and the ACLU of Missouri on Wednesday filed a lawsuit in state court on behalf of eight same-sex couples who are seeking recognition of their out-of-state marriages. The Forum for Equality Louisiana on the same day filed a federal lawsuit on behalf of four gay and lesbian couples who legally exchanged vows outside the Pelican State.
A judge last month ruled Oklahoma’s gay marriage ban is unconstitutional. The U.S. Supreme Court less than two weeks earlier blocked any future same-sex marriages from taking place in Utah pending the outcome of an appeal of U.S. District Court Judge Robert Shelby’s ruling late last year that struck down the state’s gay nuptials ban.
Nevada Attorney General Catherine Cortez Masto earlier this week announced she will no longer defend her state’s same-sex marriage ban in court.
Same-sex couples in Florida, Virginia, Pennsylvania and other states have filed marriage lawsuits since the U.S. Supreme Court’s DOMA ruling. A measure that would ban same-sex marriage in the Hoosier State will not go before voters this year after the Indiana Senate adjourned on Thursday without considering any amendments on the proposal.
Attorney General Eric Holder’s Feb. 10 announcement that the Justice Department will now recognize same-sex marriages in civil and criminal cases and extend full benefits to gay spouses of police officers and other public safety personnel applies to Alabama and the 31 other states that have yet to extend marriage rights to gays and lesbians. U.S. Sen. Ted Cruz (R-Texas) on Thursday introduced a bill that would ban the federal government from recognizing same-sex marriages in states that ban gay nuptials.
Alabama Gov. Robert Bentley and Attorney General Luther Strange are among those named as defendants in the Southern Poverty Law Center’s lawsuit.
Bentley’s spokesperson, Jennifer Ardis, told the Associated Press on Thursday the governor believes in the “traditional definition of marriage as between a man and a woman.” Ardis said Bentley would defend the state’s gay nuptials ban in court.
Wolfe told the Blade there have been “a lot” of positive reactions to the lawsuit. He said local officials have also said they plan to fight it “to the bitter end.”
National
Antony Blinken, USAID mark World AIDS Day
Officials reiterate Biden-Harris administration’s commitment to end pandemic
Secretary of State Antony Blinken and the U.S. Agency for International Development on Sunday marked World AIDS Day.
Blinken in his statement echoed the Biden-Harris administration’s call “for collective action with partners around the world to sustain and accelerate the great progress we have made toward ending HIV/AIDS as a public health threat by 2030.”
“Over the past four years, the State Department has worked tirelessly to save lives through the President’s Emergency Plan for AIDS Relief (PEPFAR),” the statement reads. “In partnership with foreign governments, PEPFAR has changed the trajectory of the HIV/AIDS pandemic and now supports more than 20 million people on lifesaving treatment across 55 countries around the world. Independent analyses have documented a direct link of this lifesaving work to economic growth across PEPFAR partner countries. Bipartisan action on a clean, five-year reauthorization of PEPFAR is essential to ending HIV/AIDS as a public health threat and to implementing the program’s plans to sustain success over the long term through partner country and community-led and managed programs.”
Blinken further stressed World AIDS Day “is a day to remember the more than 42 million lives lost to HIV/AIDS — a stark reminder of the threat this virus continues to pose if we do not ensure that partner countries have the vision and capacity to sustain a bold response.”
“We must continue to chart a course together that will help communities stay safe and prosperous by ending HIV/AIDS as a public health threat,” he said.
USAID spokesperson Benjamin Suarato in a statement echoed Blinken.
“Each year, we observe World AIDS Day to honor people living with and affected by HIV, remember those we have lost, and recommit to ending HIV as a public health threat by 2030,” said Suarato. “For decades, USAID has worked to support those affected by HIV, as well as the health workers, scientists, researchers, advocates, and communities dedicated to the HIV response.”
Suarato noted this year’s World AIDS Day’s theme, “Collective Action: Sustain and Accelerate HIV Progress,” “underscores the long-term leadership of the United States to galvanize global solidarity and make critical investments to reduce HIV transmission, improve access to treatment, and advance transformative partnerships to sustain a locally-led HIV response.” Suarato also highlighted PEPFAR has saved “more than 25 million lives and helped more than 5.5 million babies to be born HIV-free across 55 countries.”
“We recognize that ending HIV as a public health threat requires enduring cooperation with partner country governments, civil society, faith-based, and other non-governmental organizations, researchers, and scientists,” said Suarato. “It also requires us to continue to elevate the leadership of communities and individuals living with and affected by HIV. On this World AIDS Day, USAID reaffirms our dedication to collective action.”
President Joe Biden and first lady Jill Biden on Sunday will commemorate World AIDS Day at the White House. AIDS Memorial Quilt panels will be shown on the White House’s South Lawn for the first time.
The Washington Blade will have further coverage of the White House commemoration.
Federal Government
HIV positive patients can now receive organs from HIV positive donors
New HHS rule applies to liver and kidney transplants
A new rule announced Tuesday by the U.S. Department of Health and Human Services will allow HIV positive patients to receive organs from HIV positive donors, a move that will expand the pool of available organs and reduce wait times.
“This rule removes unnecessary barriers to kidney and liver transplants, expanding the organ donor pool and improving outcomes for transplant recipients with HIV,” said HHS Secretary Xavier Becerra in a statement.
The agency noted that the final rule also aims to combat stigma and health inequities associated with HIV.
“Research shows that kidney and liver transplants between donors and recipients with HIV can be performed safely and effectively,” Assistant Secretary for Health Rachel Levine added. “This policy change reflects our commitment to following the evidence and updating our approaches as we learn more. By removing research requirements where they are no longer needed, we can help more people with HIV access life-saving transplants.”
HHS notes that the rule applies to kidney and liver transplants, which correspond with the areas in which the evidence from biomedical research is the most “robust.”
Federal Government
LGBTQ federal workers face tough decisions, big worries amid Trump transition
‘I plan to leave after the inauguration’
Donald Trump’s return to the White House promises to shake up Washington in ways not seen even during the norm-shattering Trump 1.0 years: on the table are blueprints for radically reforming the federal civil service into a more partisan institution where loyalty is prized at the expense of expertise and competence; off the table, among other things, are anti-discrimination protections that had long bolstered the rights and welfare of LGBTQ federal government employees.
Washington proudly boasts, per-capita, the highest LGBTQ population of any city in any state in America. Ninety-two percent of the city’s 678,000+ residents voted for Vice President Kamala Harris. So, according to exit polls, did 86 percent of LGBTQ voters.
Many of D.C.’s LGBTQ residents who work for the federal government find themselves, now, at an unenviable crossroads. Some stood to lose their jobs regardless of who won in November because they serve in higher-ranking “political” roles that typically turn over administration-to-administration, but more are “career” employees with experience serving with both parties in charge of the White House.
Many find themselves choosing whether to wade into a hyperlocal job market that is, at the moment, competitive for job seekers — or continue, if they can, working under institutions run by Republicans who have vowed to destroy them (or at least shake them up, whatever that will mean).
The Washington Blade has spoken with LGBTQ employees in the federal government who worry about the welfare of gay, queer, and trans colleagues they plan to leave behind for jobs in the private sector. They share a deep concern, too, for the LGBTQ Americans who, they believe, will suffer harmful consequences of policy and governance under the incoming administration.
A lesbian attorney for the U.S. Department of Justice and a gay senior official for the U.S. Department of Commerce spoke anonymously with the Blade to share experiences and observations at their respective agencies.
Do you expect to be working elsewhere when Trump 2.0 begins in January
[Justice Department]: I plan to leave shortly after the inauguration.
[Commerce Department]: I hope to be working elsewhere by the next term. The job market is incredibly competitive, but that’s because the Biden administration hired the best and brightest public servants that represent every community in America. It’s particularly important that companies and nonprofits seek out the great early/mid-career staff from the administration. Many finished college remotely during the pandemic, to then immediately serve their country. They have exceptional work experience, but can be at a hiring disadvantage behind their classmates who immediately entered the workforce.
Would you be (or might you be) allowed to continue in your role under the next administration if you wished to do so?
[Justice]: Probably not.
Under the next administration, if you were allowed to continue in your role or serve in a different position at your agency or perhaps work elsewhere in the federal government, would you? Why or why not?
[Justice]: No—risk of doxing is too high; did it once before and not interested in doing it again.
[Commerce]: I would not work in the Trump administration, even if allowed. To work for someone who believes in retribution over public service would violate the oath I took to my country and the Constitution he refuses to respect. I look forward to doing what queer people have done for all of American history: shining brightly in the face of hate and being a success in spite of every attempt to shame.
What can you tell me about the post-election turnover at your agency that you’ve seen so far or expect to see in the coming months, as compared to that which you might have experienced during previous transitions?
[Justice]: I expect to see many more people leave than in any previous admin change.
[Commerce]: Experienced career staff who survived the first Trump years are burned out and leaving. This is a horrible loss for the American people who are losing the dedicated subject matter experts who do the hard work of making their lives easier, safer, and healthier. So many of them work for the federal government because of how it can be used to help people in big ways. They’re horrified to think of all the people, especially minorities, women, and queer people, will, instead, be targeted. They don’t want to be a part of that. They can’t live with that.
Are any of your LGBTQ colleagues staying in their jobs? If so, what can you share about the reasons you’ve heard for their decision to stay?
[Justice]: Yes; many will stay because they don’t have the luxury of leaving without a job lined up.
What are some of your biggest concerns specific to how your agency might be run under the Trump 2.0 regime?
[Justice]: They will dismantle the civil rights division at DOJ or completely shift its focus.
[Commerce]: I’m horrified at how data may be weaponized against vulnerable people. So much work has been done to help communities by building close-knit relationships with leaders across the countries. Will all these programs focused on supporting the most vulnerable and underserved among us be turned on them to identify easy targets to victimize?
Broadly speaking, what concerns do you have about the rights, safety, and wellbeing of LGBTQ folks who will remain in the civil service post-January, or those who might join the federal government’s civilian workforce after Trump takes over?
[Justice]: LGBTQ+ people will be at greater risk of doxing; bathroom flexibilities will disappear; harassment will go unchecked.
[Commerce]: We are barely out of the shadow of the Lavender Scare, where thousands of queer American public servants were harassed, humiliated, and often fired in shame. It starts with removing Pride flags, then the photos of our partners on our desks, and then we’re escorted from the building for being security risks. LGBTQ Americans are the soldiers, and scientists, and civil servants and should never, ever have to worry if their mere existence could suddenly cost them their security clearance, their career path, or their safety.
How do you think staff turnover at your agency will impact its work under the next administration?
[Justice]: Staff turnover will severely undermine DOJ’s work and protecting the rule of law.
If, ultimately, a disproportionate number of LGBTQ workers leave for jobs in the private sector, are you concerned about harms that might result from the loss of voices representing the community in the federal government and/or in your agency specifically?
[Justice]: Re: loss of voices, yes. The federal government cannot function as effectively when it doesn’t reflect the public it serves.